sec.37Applications for material change of use or requiring impact assessment

### sec.37 Applications for material change of use or requiring impact assessment To the extent the relevant application relates to a material change of use of premises, or requires impact assessment, under the Planning Act — the application does not require public notification under the Planning Act , section 53 ; and there are no referral agencies under the Planning Act for the application; and a properly made submission about either of the following is taken to be a properly made submission about the application for the Planning Act , chapter 3 — a draft EIS or draft IAR for the project; any additional information, required by the Coordinator-General for the project, that was publicly notified under section 34C (3) ; and despite paragraph (b) , until any development approval for the application has effect— the Coordinator-General’s report for the EIS or IAR for the project is taken to be a referral agency’s response for the application for the Planning Act , chapter 3 ; and the Coordinator-General may exercise any power of an entity as a referral agency that, other than for paragraph (b) , would have been a referral agency for the application. Subsection (1) (c) does not apply if the application involves only a material change of use requiring code assessment under the Planning Act . In this section— material change of use see the Planning Act , schedule 2 . s 37 prev s 37 om 1978 No. 62 s 13 pres s 37 ins 1999 No. 32 s 7 amd 2001 No. 46 ss 39 , 30 (2) sch 2 ; 2009 No. 36 s 872 sch 2 ; 2014 No. 40 s 45 ; 2016 No. 27 s 515 (sec.37-ssec.1) To the extent the relevant application relates to a material change of use of premises, or requires impact assessment, under the Planning Act — the application does not require public notification under the Planning Act , section 53 ; and there are no referral agencies under the Planning Act for the application; and a properly made submission about either of the following is taken to be a properly made submission about the application for the Planning Act , chapter 3 — a draft EIS or draft IAR for the project; any additional information, required by the Coordinator-General for the project, that was publicly notified under section 34C (3) ; and despite paragraph (b) , until any development approval for the application has effect— the Coordinator-General’s report for the EIS or IAR for the project is taken to be a referral agency’s response for the application for the Planning Act , chapter 3 ; and the Coordinator-General may exercise any power of an entity as a referral agency that, other than for paragraph (b) , would have been a referral agency for the application. (sec.37-ssec.2) Subsection (1) (c) does not apply if the application involves only a material change of use requiring code assessment under the Planning Act . (sec.37-ssec.3) In this section— material change of use see the Planning Act , schedule 2 . - (a) the application does not require public notification under the Planning Act , section 53 ; and - (b) there are no referral agencies under the Planning Act for the application; and - (c) a properly made submission about either of the following is taken to be a properly made submission about the application for the Planning Act , chapter 3 — (i) a draft EIS or draft IAR for the project; (ii) any additional information, required by the Coordinator-General for the project, that was publicly notified under section 34C (3) ; and - (i) a draft EIS or draft IAR for the project; - (ii) any additional information, required by the Coordinator-General for the project, that was publicly notified under section 34C (3) ; and - (d) despite paragraph (b) , until any development approval for the application has effect— (i) the Coordinator-General’s report for the EIS or IAR for the project is taken to be a referral agency’s response for the application for the Planning Act , chapter 3 ; and (ii) the Coordinator-General may exercise any power of an entity as a referral agency that, other than for paragraph (b) , would have been a referral agency for the application. - (i) the Coordinator-General’s report for the EIS or IAR for the project is taken to be a referral agency’s response for the application for the Planning Act , chapter 3 ; and - (ii) the Coordinator-General may exercise any power of an entity as a referral agency that, other than for paragraph (b) , would have been a referral agency for the application. - (i) a draft EIS or draft IAR for the project; - (ii) any additional information, required by the Coordinator-General for the project, that was publicly notified under section 34C (3) ; and - (i) the Coordinator-General’s report for the EIS or IAR for the project is taken to be a referral agency’s response for the application for the Planning Act , chapter 3 ; and - (ii) the Coordinator-General may exercise any power of an entity as a referral agency that, other than for paragraph (b) , would have been a referral agency for the application.