3BAWinding-up of transitional Part 3A modification provisions on cut-off date of 1 March 2018 and other provisions relating to modifications

#### 3BA Winding-up of transitional Part 3A modification provisions on cut-off date of 1 March 2018 and other provisions relating to modifications 3BA Winding-up of transitional Part 3A modification provisions on cut-off date of 1 March 2018 and other provisions relating to modifications > > (1) For the purposes of this clause, the cut-off date is 1 March 2018. > > > (2) An approved project or a concept plan cannot be modified under section 75W on or after the cut-off date, except as provided by this clause. > > > (3) Subclause (2) does not apply if the request to modify the approved project or concept plan under section 75W was lodged before the cut-off date. Accordingly, the provisions of this Schedule relating to a modification made pursuant to such a request continue to apply. > > > (4) A request to modify an approved project or concept plan under section 75W that may be dealt with because of subclause (3) cannot be dealt with under section 75W if— > > > > > (a) the request has not been determined by 1 September 2018, and > > > > > (b) the Secretary is of the opinion that insufficient information has been provided to deal with the request and notifies the person who made the request that it will not be dealt with under section 75W. > > > (5) A concept plan may continue to be modified under section 75W pursuant to a request lodged on or after the cut-off date (whether or not the project is or has ceased to be a transitional Part 3A project), but only if the Minister is satisfied that— > > > > > (a) the proposed modification is to correct a minor error, misdescription or miscalculation, or > > > > > (b) the proposed modification is of minimal environmental impact, or > > > > > (c) the project to which the concept plan as modified relates is substantially the same as the project to which the concept plan currently relates (including any modifications previously made under section 75W). > > > (5A) A request made in accordance with this clause to modify an approved project or concept plan may, with the consent of the Minister, be amended at any time before the request for modification is determined by the Minister. > > > (5B) The amendment of a request to modify an approved project or concept plan— > > > > > (a) must be— > > > > > > > (i) lodged in the way determined by the Minister, and > > > > > > > (ii) accompanied by the information specified by the Minister, and > > > > > (b) may be consented to by the Minister despite being lodged before the commencement of subclause (5A). > > > (6) In the application of section 4.55(1A) or (2) or 4.56(1) of the Act to the following development, the consent authority need only be satisfied that the development to which the consent as modified relates is substantially the same development as the development authorised by the consent (as last modified under section 75W)— > > > > > (a) development that was previously a transitional Part 3A project and whose approval was modified under section 75W, > > > > > (b) development that was taken to be an approved project pursuant to clause 8J of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) and whose consent was modified under section 75W. > > > (7) To avoid doubt, subclause (2)— > > > > > (a) applies whether the project remains or has ceased to be a transitional Part 3A project, and > > > > > (b) extends to a modification under section 75W in relation to a development consent that is taken to be an approved project pursuant to clause 8J of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557).