(1)  If an application for a permit made under Division 2A of Part 3 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 it under section 24 or 25 and the activity to which the application relates is not an EL activity, the Board –

(a) is to assess the activity to which the application relates; and

(b) may, by notice in writing served on the applicant for the permit within 28 days after the day of referral, require the applicant to provide it with additional information for the purpose of the assessment.

(1A)  If an application for a permit made 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 it under section 24 or 25 and the activity to which the application relates is not an EL activity, the Board –

(a) is to assess the activity to which the application relates; and

(b) may, by notice in writing served on the applicant for the permit within 28 days after the day of referral, require the applicant to provide it with additional information for the purpose of the assessment.

(1AB)  This section does not apply in relation to an application for a permit to which section 60D of the Land Use Planning and Approvals Act 1993 applies.

(1B)  Subsection (1C) applies to –

(a) an application for a permit made under Division 2A of Part 3 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 ; and

(b) an application for a permit made 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  –

if the activity to which the application relates is an EL activity.

(1C)  If an application, in relation to an activity, to which this subsection applies is referred to the Board under section 25  –

(a) the Board, if the application –

(i) is not an application to which subparagraph (ii) applies, must, within 42 days, determine under section 42K(2) whether to refuse to grant an environmental licence in relation to the activity; or

(ii) relates to a proposed expansion, intensification or modification of an activity that is carried out under an environmental licence, must, within 42 days, determine under section 42Q(2) whether to refuse to vary an environmental licence in relation to the activity; and

(b) the Board –

(i) if it refuses under section 42K(2) or section 42Q(2) to grant or vary an environmental licence in relation to the activity, must determine that it does not need to assess the activity; or

(ii) if it does not refuse under section 42K(2) or section 42Q(2) to grant or vary an environmental licence in relation to the activity, must assess the activity; and

(c) the Board may, by notice in writing served on the applicant for the permit within 28 days after the day of referral, require the applicant to provide it with additional information for the purpose of the assessment.

(1D)  If the Board, in accordance with subsection (1C)(b)(i) , determines that it does not need to assess an activity to which an application, referred to the Board under section 25 , relates and has directed the planning authority, in a notice under section 27AC(2) , to refuse to grant a permit in relation to the activity –

(a) the planning authority, after determining, under section 40Y of the Land Use Planning and Approvals Act 1993 , the application in accordance with the notice under section 27AC(2) by refusing to grant a permit, is to give notice to the applicant of the determination; and

(b) the planning authority is to be taken to have refused, under section 38 of the Land Use Planning and Approvals Act 1993 , to prepare a draft amendment of an LPS that is referred to in a request under section 40T of that Act in relation to the application for a permit; and

(c) despite any other provision of the Land Use Planning and Approvals Act 1993 , no further action by the planning authority or the Commission is to be taken under the Land Use Planning and Approvals Act 1993 in relation to –

(i) the application; or

(ii) the application, for an amendment to an LPS, that is referred to in a request under section 40T of that Act in relation to the application for a permit.

(2)  If the Board requires the applicant under subsection (1) , (1A) or (1C) to provide it with additional information, the period referred to in subsection (3) does not run while the request for information has not been answered to the satisfaction of the Board.

(3)  The Board must complete its assessment, if any, for the purposes of the Land Use Planning and Approvals Act 1993 , of an application referred to in subsection (1) , (1A) or (1C) , and notify the planning authority of the result of that assessment, within 10 weeks of the date on which the application was referred to the Board or such longer period as the Minister may allow.

(3A)  For the purposes of subsection (3) , the result of the assessment, for the purposes of the Land Use Planning and Approvals Act 1993 , is the result of the assessment before the Board takes into account any representations, in relation to the application, that are provided to the Board under section 41(3) of that Act.

(3B)  The Board must complete its assessment, for the purposes of making a determination under Division 8 of Part 3 in relation to an application referred to in subsection (1C) , as soon as practicable after the date on which the application was referred to the Board.

(3C)  For the purposes of subsection (3B) , the Board is to complete its assessment of an application referred to in subsection (1C) , after taking into account any representations, in relation to the application, that are provided to the Board under section 41(3) of the Land Use Planning and Approvals Act 1993 .

(3D)  Section 41(4) of the Land Use Planning and Approvals Act 1993 does not apply in relation to an application referred to in subsection (1C) .

(4)  Division 1A of this Part and subsections (6) and (7) of section 74 do not apply to the assessment by the Board of an application referred to in subsection (1) , (1A) or (1C) .