sec.81Assessing change applications for minor changes

### sec.81 Assessing change applications for minor changes This section applies to a change application for a minor change to a development approval. In assessing the change application, the responsible entity must consider— the information the applicant included with the application; and if the responsible entity is the assessment manager—any properly made submissions about the development application or another change application that was approved; and any pre-request response notice or response notice given in relation to the change application; and if the responsible entity is, under section 78A (3) , the Minister—all matters the Minister would or may assess against or have regard to, if the change application were a development application called in by the Minister; and if the responsible entity is, under section 78A (4) (a) , the chief executive—all matters the chief executive would or may assess against or have regard to, if the change application were a development application declared to be an application for State facilitated development under section 106D ; and if paragraphs (d) and (e) do not apply—all matters the responsible entity would or may assess against or have regard to, if the change application were a development application; and another matter that the responsible entity considers relevant. Subsections (4) and (5) apply if the responsible entity must, in assessing the change application under subsection (2) (d) , (e) or (f) , consider— a statutory instrument; or another document applied, adopted or incorporated (with or without changes) in a statutory instrument. The responsible entity must consider the statutory instrument, or other document, as in effect when the development application for the development approval was properly made. However, the responsible entity may give the weight the responsible entity considers is appropriate, in the circumstances, to— the statutory instrument or other document as in effect when the change application was made; or if the statutory instrument or other document is amended or replaced after the change application is made but before it is decided—the amended or replacement instrument or document; or another statutory instrument— that comes into effect after the change application is made but before it is decided; and that the responsible entity would have been required to consider if the instrument had been in effect when the development application for the development approval was properly made. s 81 amd 2017 No. 12 s 42 ; 2019 No. 11 s 156 ; 2024 No. 13 s 66 ; 2025 No. 14 s 86 sch 1 (sec.81-ssec.1) This section applies to a change application for a minor change to a development approval. (sec.81-ssec.2) In assessing the change application, the responsible entity must consider— the information the applicant included with the application; and if the responsible entity is the assessment manager—any properly made submissions about the development application or another change application that was approved; and any pre-request response notice or response notice given in relation to the change application; and if the responsible entity is, under section 78A (3) , the Minister—all matters the Minister would or may assess against or have regard to, if the change application were a development application called in by the Minister; and if the responsible entity is, under section 78A (4) (a) , the chief executive—all matters the chief executive would or may assess against or have regard to, if the change application were a development application declared to be an application for State facilitated development under section 106D ; and if paragraphs (d) and (e) do not apply—all matters the responsible entity would or may assess against or have regard to, if the change application were a development application; and another matter that the responsible entity considers relevant. (sec.81-ssec.3) Subsections (4) and (5) apply if the responsible entity must, in assessing the change application under subsection (2) (d) , (e) or (f) , consider— a statutory instrument; or another document applied, adopted or incorporated (with or without changes) in a statutory instrument. (sec.81-ssec.4) The responsible entity must consider the statutory instrument, or other document, as in effect when the development application for the development approval was properly made. (sec.81-ssec.5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the circumstances, to— the statutory instrument or other document as in effect when the change application was made; or if the statutory instrument or other document is amended or replaced after the change application is made but before it is decided—the amended or replacement instrument or document; or another statutory instrument— that comes into effect after the change application is made but before it is decided; and that the responsible entity would have been required to consider if the instrument had been in effect when the development application for the development approval was properly made. - (a) the information the applicant included with the application; and - (b) if the responsible entity is the assessment manager—any properly made submissions about the development application or another change application that was approved; and - (c) any pre-request response notice or response notice given in relation to the change application; and - (d) if the responsible entity is, under section 78A (3) , the Minister—all matters the Minister would or may assess against or have regard to, if the change application were a development application called in by the Minister; and - (e) if the responsible entity is, under section 78A (4) (a) , the chief executive—all matters the chief executive would or may assess against or have regard to, if the change application were a development application declared to be an application for State facilitated development under section 106D ; and - (f) if paragraphs (d) and (e) do not apply—all matters the responsible entity would or may assess against or have regard to, if the change application were a development application; and - (g) another matter that the responsible entity considers relevant. - (a) a statutory instrument; or - (b) another document applied, adopted or incorporated (with or without changes) in a statutory instrument. - (a) the statutory instrument or other document as in effect when the change application was made; or - (b) if the statutory instrument or other document is amended or replaced after the change application is made but before it is decided—the amended or replacement instrument or document; or - (c) another statutory instrument— (i) that comes into effect after the change application is made but before it is decided; and (ii) that the responsible entity would have been required to consider if the instrument had been in effect when the development application for the development approval was properly made. - (i) that comes into effect after the change application is made but before it is decided; and - (ii) that the responsible entity would have been required to consider if the instrument had been in effect when the development application for the development approval was properly made. - (i) that comes into effect after the change application is made but before it is decided; and - (ii) that the responsible entity would have been required to consider if the instrument had been in effect when the development application for the development approval was properly made.