New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT (SAVINGS AND TRANSITIONAL) REGULATION 1998 - REG 23

23 Revocation and modification of development consents

(1) The provisions of the amended EP&A Act 1979 and the amended EP&A Regulation 1994 apply to and in respect of the modification and revocation of a development consent granted and in force under the unamended EP&A Act 1979 (including a development consent arising under Division 1) in the same way as they apply to and in respect of a development consent granted and in force under the amended EP&A Act 1979.

(2) For the purposes of applying the amended EP&A Regulation 1994 to the modification of a development consent referred to in subclause (1), clause 72A of that Regulation is taken to apply to an application under section 96 (2) of the amended EP&A Act 1979 to modify a development consent if the original development application for the consent was notified or advertised:

(a) under section 84 of the unamended EP&A Act 1979, or

(b) under a provision of an environmental planning instrument referred to in section 30 (4) of the unamended EP&A Act 1979.