141Application of EPA Act to nation building consents generally

#### 141 Application of EPA Act to nation building consents generally 141 Application of EPA Act to nation building consents generally > > (1) Divisions 1–6A (other than section 81A), 8 and 10 of Part 4 of the Act, and sections 95, 95A, 96AA, 96A, 100 and 101, do not apply to a nation building consent except to the extent that any of those provisions are applicable because of the operation of section 96 in respect of a modification to the nation building consent. > > > (2) Section 96 applies to a nation building consent with the following modifications— > > > > > (a) the consent authority must not consider any provisions of an environmental planning instrument, proposed environmental planning instrument or development control plan insofar as they prohibit the proposed modification, > > > > > (b) the consent authority must not refuse to consent to the application for modification on the ground that the application does not comply with non-discretionary development standards in a regulation or an environmental planning instrument, if the non-compliance is of a kind already permitted under the nation building consent, > > > > > (c) section 96(5) does not apply. > > > (3) If a nation building consent relates to particular development for the purposes of an educational establishment, any other development for the purposes of an educational establishment is taken to be substantially the same development for the purposes of section 96. > > > (4) If a nation building consent relates to particular development for the purposes of affordable housing or seniors housing, any other development for the purposes of residential accommodation (other than affordable housing or seniors housing) is taken not to be substantially the same development for the purposes of section 96.