sec.115Development application taken to be application for environmental authority in particular circumstances

### sec.115 Development application taken to be application for environmental authority in particular circumstances This section applies if— a development application is made for a development permit for a material change of use of premises under the Planning Act ; and the material change of use of premises— is for a prescribed ERA; and is categorised as assessable development under a regulation made under the Planning Act . The development application is taken to also be an application for an environmental authority for the prescribed ERA. However, parts 2 , other than division 2 , to 4 do not apply to the application for the environmental authority. A properly made submission under the Planning Act about the development application is, to the extent it relates to the prescribed ERA, taken to be a properly made submission about the application for the environmental authority. If the development application lapses or is changed or withdrawn under the Planning Act , the application for an environmental authority for the prescribed ERA is also taken to have lapsed or been changed or withdrawn. s 115 orig s 115 ins 2000 No. 64 s 6 amd 2002 No. 45 ss 6 , 3 (2) sch om 2003 No. 95 s 7 prev s 115 ins 2004 No. 48 s 32 amd 2005 No. 53 s 36 om 2009 No. 3 s 459 pres s 115 ins 2012 No. 16 s 8 amd 2014 No. 40 s 87 ; 2016 No. 27 s 210 (sec.115-ssec.1) This section applies if— a development application is made for a development permit for a material change of use of premises under the Planning Act ; and the material change of use of premises— is for a prescribed ERA; and is categorised as assessable development under a regulation made under the Planning Act . (sec.115-ssec.2) The development application is taken to also be an application for an environmental authority for the prescribed ERA. (sec.115-ssec.3) However, parts 2 , other than division 2 , to 4 do not apply to the application for the environmental authority. (sec.115-ssec.4) A properly made submission under the Planning Act about the development application is, to the extent it relates to the prescribed ERA, taken to be a properly made submission about the application for the environmental authority. (sec.115-ssec.5) If the development application lapses or is changed or withdrawn under the Planning Act , the application for an environmental authority for the prescribed ERA is also taken to have lapsed or been changed or withdrawn. - (a) a development application is made for a development permit for a material change of use of premises under the Planning Act ; and - (b) the material change of use of premises— (i) is for a prescribed ERA; and (ii) is categorised as assessable development under a regulation made under the Planning Act . - (i) is for a prescribed ERA; and - (ii) is categorised as assessable development under a regulation made under the Planning Act . - (i) is for a prescribed ERA; and - (ii) is categorised as assessable development under a regulation made under the Planning Act .