sec.82Assessing and deciding change applications for other changes

### sec.82 Assessing and deciding change applications for other changes This section applies to a change application, other than for a minor change to a development approval. For administering the change application, and assessing and deciding the change application in the context of the development approval, the relevant provisions apply— as if— the responsible entity were the assessment manager; and the change application were the original development application, with the changes included, but was made when the change application was made; and with necessary changes. For a change application relating to development requiring social impact assessment, see also section 106ZI . However— section 53 does not apply to the change application if the change is not a minor change only because the change may cause— a referral to a referral agency if there were no referral agencies for the development application; or a referral to extra referral agencies; or a referral agency to assess the change application against extra matters; and the power— to direct that a development condition be imposed under section 56 (1) (b) (i) includes a power to direct that a development condition be amended; and to impose a development condition under section 60 (2) (c) or (3) (b) or 64 (6) (b) includes a power to amend a development condition; and if the responsible entity is, under section 78A (3) , the Minister— the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application called in by the Minister; and section 105 (5) and (6) applies for assessing and deciding the change application; and if the responsible entity is, under section 78A (4) (a) , the chief executive— the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application that is declared to be an application for State facilitated development under section 106D ; and section 106J (4) and (5) applies for assessing and deciding the change application. To remove any doubt, it is declared that the following matters apply, only to the extent the matters are relevant to assessing and deciding the change application in the context of the development approval— the assessment benchmarks; any matters a referral agency must, may, or may only assess the application against or have regard to under section 55 (2) ; if the development to which the change application relates requires code assessment—any matters the assessment must be carried out having regard to under section 45 (3) (b) ; if the development to which the change application relates requires impact assessment—any matters the assessment must or may be carried out against or having regard to under section 45 (5) (a) (ii) or (b). If a change application is made within 1 year after the development approval was given, any properly made submission for the application for the development approval is taken to be a properly made submission for the change application. In this section— relevant provisions means— section 45 (6) to (8) ; and part 2 , division 2 , other than section 51 ; and part 3 , other than sections 63 and 64 (8) (d) ; and the development assessment rules. s 82 amd 2017 No. 12 s 43 ; 2019 No. 11 s 158 ; 2024 No. 13 s 67 ; 2025 No. 14 s 86 sch 1 (sec.82-ssec.1) This section applies to a change application, other than for a minor change to a development approval. (sec.82-ssec.2) For administering the change application, and assessing and deciding the change application in the context of the development approval, the relevant provisions apply— as if— the responsible entity were the assessment manager; and the change application were the original development application, with the changes included, but was made when the change application was made; and with necessary changes. For a change application relating to development requiring social impact assessment, see also section 106ZI . (sec.82-ssec.3) However— section 53 does not apply to the change application if the change is not a minor change only because the change may cause— a referral to a referral agency if there were no referral agencies for the development application; or a referral to extra referral agencies; or a referral agency to assess the change application against extra matters; and the power— to direct that a development condition be imposed under section 56 (1) (b) (i) includes a power to direct that a development condition be amended; and to impose a development condition under section 60 (2) (c) or (3) (b) or 64 (6) (b) includes a power to amend a development condition; and if the responsible entity is, under section 78A (3) , the Minister— the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application called in by the Minister; and section 105 (5) and (6) applies for assessing and deciding the change application; and if the responsible entity is, under section 78A (4) (a) , the chief executive— the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application that is declared to be an application for State facilitated development under section 106D ; and section 106J (4) and (5) applies for assessing and deciding the change application. (sec.82-ssec.4) To remove any doubt, it is declared that the following matters apply, only to the extent the matters are relevant to assessing and deciding the change application in the context of the development approval— the assessment benchmarks; any matters a referral agency must, may, or may only assess the application against or have regard to under section 55 (2) ; if the development to which the change application relates requires code assessment—any matters the assessment must be carried out having regard to under section 45 (3) (b) ; if the development to which the change application relates requires impact assessment—any matters the assessment must or may be carried out against or having regard to under section 45 (5) (a) (ii) or (b). (sec.82-ssec.5) If a change application is made within 1 year after the development approval was given, any properly made submission for the application for the development approval is taken to be a properly made submission for the change application. (sec.82-ssec.6) In this section— relevant provisions means— section 45 (6) to (8) ; and part 2 , division 2 , other than section 51 ; and part 3 , other than sections 63 and 64 (8) (d) ; and the development assessment rules. - (a) as if— (i) the responsible entity were the assessment manager; and (ii) the change application were the original development application, with the changes included, but was made when the change application was made; and - (i) the responsible entity were the assessment manager; and - (ii) the change application were the original development application, with the changes included, but was made when the change application was made; and - (b) with necessary changes. - (i) the responsible entity were the assessment manager; and - (ii) the change application were the original development application, with the changes included, but was made when the change application was made; and - (a) section 53 does not apply to the change application if the change is not a minor change only because the change may cause— (i) a referral to a referral agency if there were no referral agencies for the development application; or (ii) a referral to extra referral agencies; or (iii) a referral agency to assess the change application against extra matters; and - (i) a referral to a referral agency if there were no referral agencies for the development application; or - (ii) a referral to extra referral agencies; or - (iii) a referral agency to assess the change application against extra matters; and - (b) the power— (i) to direct that a development condition be imposed under section 56 (1) (b) (i) includes a power to direct that a development condition be amended; and (ii) to impose a development condition under section 60 (2) (c) or (3) (b) or 64 (6) (b) includes a power to amend a development condition; and - (i) to direct that a development condition be imposed under section 56 (1) (b) (i) includes a power to direct that a development condition be amended; and - (ii) to impose a development condition under section 60 (2) (c) or (3) (b) or 64 (6) (b) includes a power to amend a development condition; and - (c) if the responsible entity is, under section 78A (3) , the Minister— (i) the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application called in by the Minister; and (ii) section 105 (5) and (6) applies for assessing and deciding the change application; and - (i) the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application called in by the Minister; and - (ii) section 105 (5) and (6) applies for assessing and deciding the change application; and - (d) if the responsible entity is, under section 78A (4) (a) , the chief executive— (i) the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application that is declared to be an application for State facilitated development under section 106D ; and (ii) section 106J (4) and (5) applies for assessing and deciding the change application. - (i) the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application that is declared to be an application for State facilitated development under section 106D ; and - (ii) section 106J (4) and (5) applies for assessing and deciding the change application. - (i) a referral to a referral agency if there were no referral agencies for the development application; or - (ii) a referral to extra referral agencies; or - (iii) a referral agency to assess the change application against extra matters; and - (i) to direct that a development condition be imposed under section 56 (1) (b) (i) includes a power to direct that a development condition be amended; and - (ii) to impose a development condition under section 60 (2) (c) or (3) (b) or 64 (6) (b) includes a power to amend a development condition; and - (i) the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application called in by the Minister; and - (ii) section 105 (5) and (6) applies for assessing and deciding the change application; and - (i) the relevant provisions apply to the change application only if, and to the extent, those provisions would apply to a development application that is declared to be an application for State facilitated development under section 106D ; and - (ii) section 106J (4) and (5) applies for assessing and deciding the change application. - (a) the assessment benchmarks; - (b) any matters a referral agency must, may, or may only assess the application against or have regard to under section 55 (2) ; - (c) if the development to which the change application relates requires code assessment—any matters the assessment must be carried out having regard to under section 45 (3) (b) ; - (d) if the development to which the change application relates requires impact assessment—any matters the assessment must or may be carried out against or having regard to under section 45 (5) (a) (ii) or (b). - (a) section 45 (6) to (8) ; and - (b) part 2 , division 2 , other than section 51 ; and - (c) part 3 , other than sections 63 and 64 (8) (d) ; and - (d) the development assessment rules.