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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 115
Development application taken to be application for environmental authority in particular circumstances
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 material change of use of premises— (i) is for a
prescribed ERA; and
(ii) is categorised as assessable development under a
regulation made under the Planning Act .
(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development application lapses or is changed or withdrawn under the Planning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also taken to have lapsed or been changed or withdrawn.
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