sch.10-sec.34Assessable development—operational work in wetland protection area

sch.10-sec.34 Assessable development—operational work in wetland protection area

Operational work that is high impact earthworks in a wetland protection area is assessable development, unless the operational work— is for a domestic housing activity; or is the natural and ordinary consequence of development that is a material change of use, or reconfiguring a lot, and all of the following apply— the material change of use or reconfiguration involves high impact earthworks in a wetland protection area; a development permit is in effect for the material change of use or reconfiguration; the chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or is accepted development under schedule 7 , part 3 , section 9 .

• (a) is for a domestic housing activity; or
• (b) is the natural and ordinary consequence of development that is a material change of use, or reconfiguring a lot, and all of the following apply— (i) the material change of use or reconfiguration involves high impact earthworks in a wetland protection area; (ii) a development permit is in effect for the material change of use or reconfiguration; (iii) the chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or
• (i) the material change of use or reconfiguration involves high impact earthworks in a wetland protection area;
• (ii) a development permit is in effect for the material change of use or reconfiguration;
• (iii) the chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or
• (c) is accepted development under schedule 7 , part 3 , section 9 .
• (i) the material change of use or reconfiguration involves high impact earthworks in a wetland protection area;
• (ii) a development permit is in effect for the material change of use or reconfiguration;
• (iii) the chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or