Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT (EFFICIENCIES) AMENDMENT ACT 2016 (NO. 21 OF 2016) - SECT 26

substitute

127     Impact track—development applications

    (1)     A development application for a development proposal in the impact track must include a completed EIS if—

        (a)     the proponent of the development proposal has previously lodged a development application in relation to the development proposal (the previous application ); and

        (b)     the previous application was made less than 2 years before the development application; and

        (c)     the planning and land authority rejected the EIS in relation to the previous application under section 224A (Rejection of unsatisfactory EIS).

    (2)     If subsection (1) does not apply, a development application for a development proposal in the impact track must include—

        (a)     a completed EIS; or

        (b)     a draft EIS.

    (3)     However, neither a completed EIS nor a draft EIS is required for a development application for a development proposal in the impact track if—

        (a)     an EIS exemption is in force for the proposal; or

        (b)     an EIS exemption application for the proposal accompanies the development application.

Note     While a proponent may lodge a draft EIS or an EIS exemption application with a development application, development approval must not be given unless there is either a completed EIS or an EIS exemption for the development application (see s 128 (1) (a)).