ssd-guidelines-preparing-a-modification-report
ssd-guidelines-preparing-a-modification-report
development
guidelines
– preparing a
modification report
Appendix E to the state significant
development guidelines
October 2022 dpie.nsw.gov.au
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The information contained in this publication is based on knowledge and understanding at the time of writing
(October 2022) and may not be accurate, current or complete. The State of New South Wales (including the NSW
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1. Introduction5
2. General requirements 6
2.1 Form 6
2.3 Presentation 6
3.1 Introduction 8
4. Glossary 10
Endnotes13
They seek to ensure the modification reports submitted to the Department in support of a State significant
development (SSD) modification application are consistent and prepared to a high standard. They also seek to ensure
that all modification reports:
• are as succinct as possible and easy to understand
• clearly describe the proposed modifications
• reflect community views
• contain a technically robust assessment of the impacts of these modifications
• justify and evaluate the modified project as a whole, having regard to the economic, environmental and social
impacts of the modified project and the principles of ecologically sustainable development.
These guidelines set clear expectations for the preparation of all modification reports for SSD and will help to
promote robust public debate on the merits of modified projects.
These guidelines form part of the relevant SSD Guidelines, and applicants must have regard to the requirements in
these guidelines when they prepare a modification report for an SSD project.
They will fall into one of the following three categories: 1.3 Assessing and determining
• modifications involving minor error, misdescription or
miscalculation
a modification application
• modifications involving minimal environmental As soon as it is received, the Department will publish the
impact modification report on the major projects website3 and
proceed to complete its assessment of the application.
• other modifications involving greater than minimal
environmental impact. The Department is required to exhibit an application
seeking to modify an SSD development consent under
To seek consent for modifications to an SSD consent, either section 4.55(2) or section 4.56(1) of the EP&A Act,
the applicant must submit an application to the for at least 14 days prior to completing its assessment
Department in the approved form on the major projects of the application. This is to give the community an
website along with a modification report. opportunity to read the modification report and make a
submission on the merits of the modified project.
Prior to preparing the application and modification If the modification report is exhibited, the Department
report, the applicant should discuss the modification will publish all the submissions it receives during
with the Department to identify the issues to be the exhibition on the major projects website and
addressed and the need for any community engagement. ask the applicant to respond to the issues raised in
submissions4. The applicant must document its response
The level of detail required in a modification report to submissions in a submissions report having regard
should reflect the category of modification. There should to the Department’s State Significant Development
be a proportionate level of detail for modifications Guidelines - Preparing a Submissions Report.
involving minor error, misdescription or miscalculation,
increasing for modifications involving minimal As soon as it is received, the Department will publish the
environmental impact and other modifications. submissions report on the major projects website and
complete its assessment of the modification application.
Prior to determining the modification application, the
consent authority is required to evaluate the merits of
the modified project, having regard to the economic,
environmental and social impacts of the modified
project and the principles of ecologically sustainable
development5.
After determining the modification application, the
consent authority is required to publish a notice setting
out the reasons for the decision and how community
views were taken into account during the making of the
decision6.
• a simple description of the proposed modifications, • a detailed description of each of the modifications,
including: having regard to the relevant guidance in the
Department’s State Significant Development
– the background to the proposed modifications Guidelines – Preparing an Environmental Impact
– the reasons why the modifications are required Statement
– the findings of the analysis of feasible alternatives. • information on the conditions to be modified and the
reasons why
• the engagement that was carried out • the findings of any specialist studies or investigations
undertaken for the project
• the key issues raised during this engagement and
where they have been addressed in the modification • the findings of any community engagement
report undertaken for the project.
• any changes to the approved engagement that would Finally, the applicant must include an updated table
be carried out if the modifications are approved. of the proposed mitigation measures for the modified
project and any detailed technical reports as appendices
This summary should be prepared having regard to to the modification report.
the relevant guidance in the community engagement
section of the Department’s State Significant
Development Guidelines – Preparing an Environmental
3.7 Justification of the
Impact Statement as well as Undertaking Engagement
Guidelines for State Significant Projects.
modified project
This section must provide a justification and evaluation
Any detailed community engagement reports should be of the modified project as a whole, having regard to
included as an appendix to the modification report. the economic, environmental and social impacts of
the modified project and the principles of ecologically
3.6 Assessment of impacts sustainable development.
This section must provide a detailed summary of the It should integrate the findings of each section of the
findings of any further assessment of the impacts of modification report and weigh up the positive and
the proposed modifications, including details about the negative impacts of the modifications. It should also
impacts of the modifications and the impacts of the consider the interaction between these different findings
modified project. and whether the modified project will comply with any
relevant government legislation, plans, policies and
The summary should be prepared having regard to the guidelines.
relevant guidance in the Department’s State Significant
Development Guidelines – Preparing an Environmental This section of the modification report should be
Impact Statement. prepared having regard to the relevant guidance in the
Department’s State Significant Development Guidelines –
In preparing the summary in this section, the applicant Preparing an Environmental Impact Statement.
should consider
• any relevant
– strategic issues
– statutory requirements
– government plans, policies and guidelines
governing the assessment of key matters and
setting standards or performance measures for
evaluating the acceptability of any impacts of
the modified project (e.g. NSW Noise Policy for
Industry, Approved Methods for the Modelling and
Assessment of Air Pollutants, Water Sharing Plans
the Wind Energy Framework including the Visual
Assessment Bulletin)
Amendment A change in what the applicant is seeking approval for during the assessment process.
It requires changes to the project description in the EIS or modification report and
amendments to the associated infrastructure application or modification application.
Applications can only be amended with the agreement of the consent authority.
Applicant The applicant of an SSD project seeking consent for a DA or modification application.
Consent authority The consent authority for a DA or modification application. This will be the Independent
Planning Commission or the Minister.
Development A development application seeking consent for SSD under division 4.7 of the EP&A Act.
Application (DA)
Determination A decision by the consent authority of an SSD application to either grant consent to the
application subject to modifications or conditions or refuse consent to the application.
Matter An element of the environment that may be affected by an SSD (e.g. air, amenity,
biodiversity, economic, social).
Modification Changing the scope or terms of an SSD development consent, including revoking or
varying a condition of consent. A modification requires consent under the EP&A Act.
Modification application An application seeking to modify an SSD development consent under section 4.55 or
section 4.56 of the EP&A Act.
State significant Development that is declared to be State significant development under section 4.36 of
development (SSD) the EP&A Act.
Submissions report A report prepared by the applicant to respond to the issues raised in submissions (see the State
Significant Development Guidelines – Preparing a Submissions Report).
Executive summary 3
1 Introduction 3
3 Description of modifications 10
4 Statutory context 3
5 Engagement 5
8 References
Appendices
Project area
Site access Site access from Water Road Site access from River Road
Parking spaces 50 45
Annual waste generated 90 000 tonnes per annum 100 000 tonnes per annum
Rate of production 50 000 tonnes per annum 60 000 tonnes per annum
Spoil exported 15 000 tonnes per annum 12 500 tonnes per annum
Related development
Project sequencing
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