Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 37

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 .