On 14 July 2021 legislation was published to permit modification applications to be amended.
Where can I see a copy of the changes?
What do the changes do?
The changes formally enable:
- consent authorities to request additional information from applicants, and applicants to provide that information; and
- applicants to amend their modification applications with the agreement of the consent authority.
Haven’t we always been able to do this?
In practice, yes. However in AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces the Chief Judge of the Land and Environment Court made some significant comments regarding the power to amend a modification application and said that it could not be done. You can read about his comments here.
Since those comments were made, there have been several judgments that have been published and have said that it is not possible to amend modification applications.
This legislation remedies the situation.