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Environmental Planning and Assessment Regulation 2021
67Modification or surrender of development consent or existing use right—the Act, s 4.17(5)
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#### 67 Modification or surrender of development consent or existing use right—the Act, s 4.17(5)
67 Modification or surrender of development consent or existing use right—the Act, s 4.17(5)
> > (1) A development consent or existing use right may be modified or surrendered by written notice to the consent authority.
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> > (2) The notice must contain the following information—
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> > > (a) the name and address of the person giving the notice,
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> > > (b) the address and folio identifier of the land to which the consent or right relates,
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> > > (c) a description of the consent or right to be modified or surrendered,
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> > > (d) whether the consent or right will be modified, including details of the modification, or surrendered,
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> > > (e) if the person giving the notice is not the owner of the land—a statement signed by the owner of the land that the owner consents to the modification or surrender of the consent or right.
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> > (3) The notice takes effect when the consent authority gives written notice to the person giving the notice that the consent authority received the notice.
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> > (4) The notice operates, according to its terms, to modify or surrender the development consent or existing use right to which it relates.
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> > (5) The consent of the owner is not required under subsection (2)(e) if the consent of the owner of the land was not required under section 23 to make the application for the development consent.
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> > (6) In this section—
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> > existing use right means a right conferred by the Act, Division 4.11.