MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
              Chapter 5 Environmental authorities and environmentally relevant activities
                                                                     Part 1 Preliminary

                                                                                  [s 115]


Division 4                  Relationship with the Planning Act

115      Development application taken to be application for
         environmental authority in particular circumstances
        (1)   This section applies if—
              (a)    a development application is made for a development
                     permit for a material change of use of premises under
                     the Planning Act; and
              (b)    the development application relates to a prescribed
                     ERA; and
              (c)    the administering authority is the assessment manager
                     or a concurrence agency for the development
                     application.
        (2)   The development application is taken to also be an application
              for an environmental authority for the prescribed ERA.
        (3)   However, parts 2, other than division 2, to 4 do not apply to
              the application for the environmental authority.
        (4)   A properly made submission under the Planning Act about the
              development application is, to the extent it relates to the
              prescribed ERA, taken to be a properly made submission
              about the application for the environmental authority.
        (5)   If the development application lapses or is changed or
              withdrawn under the Planning Act, the application for an
              environmental authority for the prescribed ERA is also taken
              to have lapsed or been changed or withdrawn.




Current as at 20 February 2014                                                 Page 103