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Environmental Planning and Assessment Regulation 2021
100Content of modification application
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#### 100 Content of modification application
100 Content of modification application
> > (1) A modification application must contain the following information—
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> > > (a) the name and address of the applicant,
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> > > (b) a description of the development that will be carried out under the development consent,
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> > > (c) the address and folio identifier of the land on which the development will be carried out,
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> > > (d) a description of the modification to the development consent, including the name, number and date of plans that have changed, to enable the consent authority to compare the development with the development originally approved,
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> > > (e) whether the modification is intended to—
> > >
> > > > (i) merely correct a minor error, misdescription or miscalculation, or
> > >
> > > > (ii) have another effect specified in the modification application,
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> > > (f) a description of the expected impacts of the modification,
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> > > (g) an undertaking that the modified development will remain the same or substantially the same as the development originally approved,
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> > > (h) for a modification application that is accompanied by a biodiversity development assessment report—the biodiversity credits information,
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> > > (i) if the applicant is not the owner of the land—a statement that the owner consents to the making of the modification application,
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> > > (j) whether the modification application is being made to—
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> > > > (i) the Court under the Act, section 4.55, or
> > >
> > > > (ii) the consent authority under the Act, section 4.56.
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> > (2) Subsection (1)(i) does not apply if the consent of the owner is not required under section 98.
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> > (3) If a modification application under the Act, section 4.55(1A) or (2) relates to BASIX development, or BASIX optional development if the development application was accompanied by a BASIX certificate, the application must be accompanied by—
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> > > (a) the BASIX certificate, or
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> > > (b) a new BASIX certificate if the current BASIX certificate is no longer consistent with the development.
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> > (4) In this section—
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> > biodiversity credits information, in relation to a modification application, means the reasonable steps taken to obtain the like-for-like biodiversity credits required to be retired under a biodiversity development assessment report if different biodiversity credits are proposed to be used as offsets in accordance with the variation rules under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063).
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> **s 100:** Am 2025 No 24, Sch 2\[1\].