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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 37
Applications for material change of use or requiring impact assessment
37 Applications for material change of use or requiring impact assessment
(1) To the extent the relevant application relates to a material change of use
of premises, or requires impact assessment, under the Planning Act — (a) the
application does not require public notification under the Planning Act ,
section 53 ; and
(b) there are no referral agencies under the Planning Act
for the application; and
(c) a properly made submission about either of the
following is taken to be a properly made submission about the application for
the Planning Act , chapter 3 — (i) a draft EIS or draft IAR for the project;
(ii) any additional information, required by the Coordinator-General for the
project, that was publicly notified under section 34C (3) ; and
(d) despite
paragraph (b) , until any development approval for the application has
effect— (i) the Coordinator-General’s report for the EIS or IAR for the
project is taken to be a referral agency’s response for the application for
the Planning Act , chapter 3 ; and
(ii) the Coordinator-General may exercise
any power of an entity as a referral agency that, other than for paragraph (b)
, would have been a referral agency for the application.
(2) Subsection (1)
(c) does not apply if the application involves only a material change of use
requiring code assessment under the Planning Act .
(3) In this section—
"material change of use" see the Planning Act , schedule 2 .
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