173Application to Planning Secretary for environmental assessment requirements

#### 173 Application to Planning Secretary for environmental assessment requirements 173 Application to Planning Secretary for environmental assessment requirements > > (1) Before preparing an environmental impact statement, the responsible person must apply to the Planning Secretary for the environmental assessment requirements for the environmental impact statement. > > > (2) The application must— > > > > > (a) be in the approved form, and > > > > > (b) contain details of the location, nature and scale of the development or activity. > > > (3) If the application relates to State significant development, the applicant must have regard to the State Significant Development Guidelines in preparing the application. > > > (4) The Planning Secretary may require the responsible person to provide further information about the location, nature and scale of the development or activity. > > > (5) The Planning Secretary may at any time waive the requirement for an application in relation to— > > > > > (a) a particular development or activity, or > > > > > (b) a particular class or description of development or activity. > > > (6) A waiver may be given subject to conditions or unconditionally. > > > (7) Subsection (5) does not apply to the following development— > > > > > (a) integrated development, > > > > > (b) State significant development that, but for the Act, section 4.41, would require an authorisation specified in that section, > > > > > (c) State significant development for which an authorisation, other than a consent under the [Roads Act 1993](/view/html/inforce/current/act-1993-033), section 138, must be given under the Act, section 4.42. > > **s 173:** Am 2022 (142), Sch 1\[1\].