(1)  Where an application has been made to a planning authority under the Land Use Planning and Approvals Act 1993 for a permit in respect of a use or development of land that is a permissible level 1 activity, the Director may, before a decision has been made by the planning authority in relation to that application –

(a) under section 43F , 57(6) or 58(2) of the Land Use Planning and Approvals Act 1993 as in force before the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015; or

(b) under section 40Y, 57(6) or 58(2) of the Land Use Planning and Approvals Act 1993 , as in force after the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015  –

require the planning authority to refer the application to the Board, and the planning authority must comply with the requirement.

(1A)  A requirement by the Director under subsection (1) must be made –

(a) in the case of an application under section 43A of the Land Use Planning and Approvals Act 1993 , as in force before the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 , within 28 days after the date of lodgment of the application; or

(ab) in the case of an application under section 40T of the Land Use Planning and Approvals Act 1993 , as in force after the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 , within 28 days after the date of lodgment of the application; or

(b) in the case of an application under section 57(1) of that Act, before the expiry of the period allowed for representations under subsection (5) of that section; or

(c) in the case of an application under section 58 of that Act, within 14 days after the date of lodgment of the application.

(1B)  Where an application under section 43A of the Land Use Planning and Approvals Act 1993 , as in force before the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 , is referred to the Board under subsection (1) , the Board must deal with the application in accordance with section 25A of this Act.

(1C)  Where an application under section 40T of the Land Use Planning and Approvals Act 1993 , as in force after the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 , is referred to the Board under subsection (1) , the Board must deal with the application in accordance with section 25A of this Act.

(2)  Where an application under section 57 or 58 of the Land Use Planning and Approvals Act 1993 is referred to the Board under subsection (1) , the planning authority must deal with the application in accordance with section 57 of that Act.

(3)  Subsections (2) , (5) , (6) and (8) of section 25 apply to an application under section 57 or 58 of the Land Use Planning and Approvals Act 1993 as if it were an application in respect of a permissible level 2 activity that the Board has determined it needs to assess under this Act.

(3A)  Despite subsection (3) , section 25(2)(b) does not apply to the application if the planning authority fulfilled the requirements of section 57(3) of the Land Use Planning and Approvals Act 1993 before being required to refer the application to the Board.

(4)  An activity in respect of which an application is referred to the Board under subsection (1) and which is assessed under this Act as if it were a level 2 activity is subsequently to be treated for the purposes of this Act as a level 1 activity unless the Board determines otherwise.

(4A)  If the Board determines that an activity referred to in subsection (4) is not subsequently to be treated as a level 1 activity, the activity is to be treated, for the purposes of this Act, as if it were a level 2 activity and subsections (8A) , (8B) and (8C) of section 25 apply to the application in respect of that activity as if it were a level 2 activity.

(5)  In this section, permissible level 1 activity means a level 1 activity in respect of which a planning authority –

(a) has a discretion to refuse a permit; or

(b) is bound to grant a permit either unconditionally or subject to conditions.