103Modification applications for mining and petroleum development consents

#### 103 Modification applications for mining and petroleum development consents 103 Modification applications for mining and petroleum development consents > > (1) This section applies to an application under the Act, section 4.55(2), to modify a development consent that relates to mining or petroleum development on land— > > > > > (a) shown on the Strategic Agricultural Land Map, or > > > > > (b) subject to a site verification certificate. > > > (2) The application must be accompanied by— > > > > > (a) for development on land shown on the Strategic Agricultural Land Map as critical industry cluster land—a current gateway certificate that applies to the development to be carried out under the modified consent, or > > > > > (b) for development on other land— > > > > > > > (i) a current gateway certificate that applies to the development to be carried out under the modified consent, or > > > > > > > (ii) a site verification certificate certifying that the land on which the development will be carried out is not biophysical strategic agricultural land. > > > (3) To avoid doubt, [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Part 2.4, other than Divisions 2 and 5, applies, with necessary modifications, to an application to modify a development consent as if it were a development application. > > > (4) To avoid doubt, a site verification certificate or gateway certificate for the purposes of this section may be issued in relation to the part of the land or the part of the development to which the modification relates, rather than the whole of the land or the whole development to which the consent relates. > > **s 103:** Am 2022 (40), Sch 1\[24\].