New South Wales Consolidated Acts

MINING ACT 1992 - SECT 168A

168A Addition or variation of conditions in certain circumstances

(1) Without limiting any other provision of this Act, the decision-maker may amend an authorisation, by imposing conditions on the authorisation or varying existing conditions, in order to remove an inconsistency between the authorisation and a development consent.

Note: The Dictionary to this Act defines "development consent" to include an approval under Part 3A or Part 5.1 of the Environmental Planning and Assessment Act 1979 .

(2) However, subsection (1) applies only if:

(a) the development consent was granted after the authorisation, or

(b) the development consent was granted on or before the date on which the authorisation was granted and the inconsistency arose from a subsequent modification of the consent.

(3) An amendment under this section takes effect on the date on which notice of the amendment is served on the holder of the authorisation or on such later date as may be specified in the notice.