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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
24Modification of construction certificate—the Act, s 6.33(1)
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#### 24 Modification of construction certificate—the Act, s 6.33(1)
24 Modification of construction certificate—the Act, s 6.33(1)
> > (1) The following persons may apply to modify the development the subject of a construction certificate or an application for a construction certificate—
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> > > (a) a person who made the application for the construction certificate,
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> > > (b) a person who has the benefit of the construction certificate.
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> > (2) This Part applies to an application to modify development in the same way as it applies to the original application.
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> > (2A) For the purposes of subsection (2), a reference in this Part to the Building Code of Australia is taken to be a reference to the edition of the Building Code of Australia that applied in relation to the original application.
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> > (3) A certifier who grants an application for a construction certificate that relates to the modification of referred development must, as soon as practicable, notify the Fire Commissioner if the building to which the construction certificate relates is no longer a building to which Division 3 applies because of the modification.
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> > (4) In this section—
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> > referred development means development in relation to which an application for a construction certificate was previously referred to the Fire Commissioner under Division 3.
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> **s 24:** Am 2023 (30), Sch 1\[5\].