Mods of Mods – they’re back

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:

  1. consent authorities to request additional information from applicants, and applicants to provide that information; and
  2. 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.

Posted by

Alyce is a civil engineer and a practicing lawyer, who has a desire to share her insights on the legal and practical realities of the development industry.

2 thoughts on “Mods of Mods – they’re back

  1. Is the legislation retrospective? If not, what is the status of amended modifications approved prior to the legislation?

    1. Hi Sam – the legislation is not retrospective.. If an amended mod was approved prior to the legislation, it is considered valid unless it is otherwise determined not to be valid by the Land and Environment Court. Thanks for the question!

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