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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 120
Application for environmental authority can not be made in particular circumstances
120 Application for environmental authority can not be made in particular
circumstances
(1) An application for an environmental authority for a prescribed ERA can not
be made if, under the Planning Act — (a) a development permit for a material
change of use of premises relating to the activity is necessary under the
Planning Act for the carrying out of the activity; and
(b) neither of the
following applications has been made— (i) a development application for a
development permit mentioned in paragraph (a) ;
(ii) a change application to
change a development permit to authorise a material change of use of premises
relating to the activity, if the permit does not already authorise the
material change of use.
(2) Also, an application for an environmental
authority can not be made if— (a) it is for a prescribed ERA that is an
extractive activity; and
(b) it relates to the
North Stradbroke Island Region; and
(c) it involves dredging or extracting
more than 10,000 tonnes of material a year.
(3) Also, an application for an
environmental authority for a prescribed ERA can not be made if— (a) the
activity is to be carried out on a parcel of land within a
State development area; and
(b) the approved development scheme under the
State Development Act for the State development area states that the
development of the parcel of land for the prescribed ERA is SDA assessable
development under that Act; and
(c) either of the following apply— (i) the
applicant has not applied for an SDA approval for the development under the
State Development Act , section 84D ;
(ii) the SDA approval for the
development under the State Development Act has lapsed under section 84H of
that Act.
(4) In this section—
"extractive activity" means an activity prescribed under a regulation as an
extractive activity.
"North Stradbroke Island Region" see the
North Stradbroke Island Protection and Sustainability Act 2011 , section 5 .
"State development area" see the State Development Act , schedule 2 .
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