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, section 138, must be given under the Act, section 4.42.

s 173: Am 2022 (142), Sch 1[1].