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Environmental Planning and Assessment Regulation 2021
114Rejection of modification applications
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#### 114 Rejection of modification applications
114 Rejection of modification applications
> > (1) A consent authority may reject a modification application for development other than State significant development within 14 days after receiving the application if—
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> > > (a) the application is illegible or unclear about the modification sought, or
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> > > (b) the application does not specify the conditions of the development consent proposed to be modified, or
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> > > (c) the application does not contain the information and documents required by—
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> > > > (i) the approved form, or
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> > > > (ii) the Act or this Regulation, or
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> > > (d) for an application for integrated development—the application does not identify all of the approvals required to be obtained, as referred to in the Act, section 4.46, before the development may be carried out.
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> > (2) A consent authority may reject a modification application for State significant development within 7 days after receiving the application if—
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> > > (a) the application does not contain the information and documents required by—
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> > > > (i) the approved form, or
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> > > > (ii) the Act or this Regulation, or
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> > > (b) the Planning Secretary considers the application incomplete for reasons given by written notice to the applicant.
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> > (3) The consent authority must give the applicant written notice of the reasons for rejecting the application.
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> > (4) A modification application rejected under this section is taken, for the purposes of the Act, never to have been made.
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> > (5) Immediately after rejecting a modification application for integrated development or development for which concurrence was required, the consent authority must notify each relevant approval body or concurrence authority.
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> > (6) Subsection (5) applies only if the consent authority has already notified the approval body or concurrence authority under section 109.