Find out about how you can vary your consent or conditions or apply to get conditions revoked.
If you are a consent-holder, you can apply for 2 types of variation:
- A variation to your consent or its conditions
- A variation to revoke existing conditions
These are explained further below.
Variation of consent or conditions
You can apply to have the following aspects of a current consent varied:
- the consent itself – for example, adding a stopped paper road already existing on the land into the scope of the consent
- the conditions of a consent – for example, the date that a condition needs to be met.
The purpose of this type of variation is to provide consent-holders with some flexibility to achieve the outcomes of the investment.
What is considered
When considering whether to grant a variation, we look at all relevant factors, including the purpose of the Act and any relevant directives in the Ministerial directive Letter.
If you are a consent-holder and you think you may not be able to meet a condition, please contact us as early as possible.
Variation to revoke conditions of consent
In some limited situations, it is possible for us to revoke conditions of consent.
What can be revoked
The Overseas Investment (Urgent Measures) Amendment Act 2020 provided for standing consents for certain types of entities or transactions (referred to as ‘automatic standing consents’). If you are a consent-holder for a transaction that would no longer require consent due to changes in the law, you can apply for a variation to have your conditions of consent revoked.
The Supplementary Ministerial Directive Letter issued by the Minister of Finance states that if the transaction no longer requires consent, the Government’s expectation is that the conditions of the existing consent will be revoked unless there is a good reason not to.
What cannot be revoked
Some types of conditions cannot lawfully be revoked, such as conditions ensuring residential land outcomes.
The fee for a variation depends on which consent pathway the variation applies to. See our fees and penalties page for more information.
Find information and resources to help you apply for a variation, including seeking expert legal advice. We suggest you contact us to discuss your situation before applying for a variation online.