The proponent of an approved state significant infrastructure (SSI) or critical state significant infrastructure (CSSI) project may request changes to the approval at any time.
These modifications may be necessary to improve the project design or to change the conditions of approval, in accordance with section 5.25 of the Environmental Planning and Assessment Act 1979 (EP&A Act).
The modification process will vary depending on the scale and nature of the proposed modifications, and any statutory requirements.
Early consultation
Prior to lodging a modification request, the proponent must consult with the Department to identify the issues to be addressed and the need for any community engagement.
Prepare modification report
A modification request must be accompanied by a modification report which details the nature of the proposed modification and provides an assessment of the likely environmental impacts, proportionate to the scale and complexity of the modification.
When preparing the report, the proponent must have regard to the State Significant Infrastructure Guidelines - Preparing a Modification Report (Appendix F).
Submit modification application
Once complete, the proponent must submit the modification request and modification report on the NSW Planning Portal.
Exhibit modification report
Once received, the Department will publish the modification application and modification report on the NSW planning portal.
Under the EP&A Act, the Department has discretion to exhibit and seek submissions on an SSI modification report. In determining whether the modification report will be publicly exhibited, the Department will consider if there is a material environmental impact beyond the impacts expected by the approved project.
If the Department exhibits the modification request, the exhibition period will generally be for a minimum of 14 days. This allows the community an opportunity to review the modification report and make a submission on the merits of the proposed modification.
During the exhibition period, anyone can make a written submission on the modification request.
People can also subscribe for updates on the progress of the modification request.
Respond to submissions
If the modification report is exhibited, the department will publish the submissions online and ask the proponent to prepare a submissions report to respond to the issues raised in submissions.
Amend a modification request
The proponent for an SSI modification may, with the approval of the Planning Secretary, amend the modification request at any time before it is determined.
Assess modification request
The Department will complete its assessment of the merits of the modifications in accordance with any relevant government legislation, plans, policies, and guidelines. If the modification report is exhibited, it will also consider issues raised in submissions and the proponent’s response.
The Department will summarise the findings of its assessment in a whole-of-government assessment report, including any recommended changes to the existing conditions of the SSI approval.
Once complete, the Department will publish its assessment report and ask the approval authority to determine the application.
Determine modification request
The Minister for Planning is the approval authority for all modification requests. The Minister has delegated this role to officers of the Department in certain circumstances. More information is available on the Delegated decisions page.
When determining a modification application, the approval authority must evaluate the merits of the modified project, having regard to the significant likely economic, environmental, and social impacts of the modified project and the principles of ecologically sustainable development. The approval authority may approve the modification application subject to conditions or refuse it.
After the determination the Department will:
- publish the decision online on the NSW Planning Portal
- notify the proponent and anyone who made a submission (if the application was exhibited)
- give public notice of the reasons for the decision, including how community views were considered.
Judicial review
Under the EP&A Act, decisions on modification requests are not subject to merit appeal.
However, anyone can seek a judicial review of the decisions on a modification request within 3 months of the public notice of the determination. The proceedings will be heard by a judge of the Land and Environment Court and will consider the legality or validity, not the merits, of the decision.