sec.120Application for environmental authority can not be made in particular circumstances

### sec.120 Application for environmental authority can not be made in particular circumstances An application for an environmental authority for a prescribed ERA can not be made if, under the Planning Act — a development permit for a material change of use of premises relating to the activity is necessary under the Planning Act for the carrying out of the activity; and neither of the following applications has been made— a development application for a development permit mentioned in paragraph (a) ; a change application to change a development permit to authorise a material change of use of premises relating to the activity, if the permit does not already authorise the material change of use. Also, an application for an environmental authority can not be made if— it is for a prescribed ERA that is an extractive activity; and it relates to the North Stradbroke Island Region; and it involves dredging or extracting more than 10,000 tonnes of material a year. Also, an application for an environmental authority for a prescribed ERA can not be made if— the activity is to be carried out on a parcel of land within a State development area; and the approved development scheme under the State Development Act for the State development area states that the development of the parcel of land for the prescribed ERA is SDA assessable development under that Act; and either of the following apply— the applicant has not applied for an SDA approval for the development under the State Development Act , section 84D ; the SDA approval for the development under the State Development Act has lapsed under section 84H of that Act. In this section— extractive activity means an activity prescribed under a regulation as an extractive activity. North Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011 , section 5 . State development area see the State Development Act , schedule 2 . s 120 prev s 120 ins 2000 No. 64 s 6 sub 2002 No. 45 s 7 amd 2003 No. 95 s 9 sub 2004 No. 48 s 32 om 2009 No. 3 s 459 pres s 120 ins 2012 No. 16 s 8 amd 2014 No. 40 s 154 sch 1 pt 1 ; 2016 No. 27 s 211 (sec.120-ssec.1) An application for an environmental authority for a prescribed ERA can not be made if, under the Planning Act — a development permit for a material change of use of premises relating to the activity is necessary under the Planning Act for the carrying out of the activity; and neither of the following applications has been made— a development application for a development permit mentioned in paragraph (a) ; a change application to change a development permit to authorise a material change of use of premises relating to the activity, if the permit does not already authorise the material change of use. (sec.120-ssec.2) Also, an application for an environmental authority can not be made if— it is for a prescribed ERA that is an extractive activity; and it relates to the North Stradbroke Island Region; and it involves dredging or extracting more than 10,000 tonnes of material a year. (sec.120-ssec.3) Also, an application for an environmental authority for a prescribed ERA can not be made if— the activity is to be carried out on a parcel of land within a State development area; and the approved development scheme under the State Development Act for the State development area states that the development of the parcel of land for the prescribed ERA is SDA assessable development under that Act; and either of the following apply— the applicant has not applied for an SDA approval for the development under the State Development Act , section 84D ; the SDA approval for the development under the State Development Act has lapsed under section 84H of that Act. (sec.120-ssec.4) In this section— extractive activity means an activity prescribed under a regulation as an extractive activity. North Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011 , section 5 . State development area see the State Development Act , schedule 2 . - (a) a development permit for a material change of use of premises relating to the activity is necessary under the Planning Act for the carrying out of the activity; and - (b) neither of the following applications has been made— (i) a development application for a development permit mentioned in paragraph (a) ; (ii) a change application to change a development permit to authorise a material change of use of premises relating to the activity, if the permit does not already authorise the material change of use. - (i) a development application for a development permit mentioned in paragraph (a) ; - (ii) a change application to change a development permit to authorise a material change of use of premises relating to the activity, if the permit does not already authorise the material change of use. - (i) a development application for a development permit mentioned in paragraph (a) ; - (ii) a change application to change a development permit to authorise a material change of use of premises relating to the activity, if the permit does not already authorise the material change of use. - (a) it is for a prescribed ERA that is an extractive activity; and - (b) it relates to the North Stradbroke Island Region; and - (c) it involves dredging or extracting more than 10,000 tonnes of material a year. - (a) the activity is to be carried out on a parcel of land within a State development area; and - (b) the approved development scheme under the State Development Act for the State development area states that the development of the parcel of land for the prescribed ERA is SDA assessable development under that Act; and - (c) either of the following apply— (i) the applicant has not applied for an SDA approval for the development under the State Development Act , section 84D ; (ii) the SDA approval for the development under the State Development Act has lapsed under section 84H of that Act. - (i) the applicant has not applied for an SDA approval for the development under the State Development Act , section 84D ; - (ii) the SDA approval for the development under the State Development Act has lapsed under section 84H of that Act. - (i) the applicant has not applied for an SDA approval for the development under the State Development Act , section 84D ; - (ii) the SDA approval for the development under the State Development Act has lapsed under section 84H of that Act.