Planning Act 2023

This section applies if, before the commencement day—

an EIS exemption is granted under the repealed Act, section 211H in relation to a development proposal; and

the EIS exemption has not expired under the repealed Act, section 211I; and

a development application has not been made in relation to the proposal.

This section also applies to an EIS exemption granted under the repealed Act, on or after the commencement day, because of section 632.

The EIS exemption—

is taken to be an EIS finalised under this Act, section 128; and

despite this Act, section 131, expires on the relevant day.

In this section:

notified means notified under the repealed Act, section 211H.

recent study—see the repealed Act, section 211A.

relevant day, for an EIS exemption granted under the repealed Act, section 211H, means—

if the recent study relevant to the EIS exemption is an environmental impact statement prepared under the EPBC Act, part 8 (Assessing impacts of controlled actions) and approval of action in relation to the development was given under that Act, part 9 (Approval of actions)—when the approval expires, or 5 years after the day the exemption is notified, whichever happens later; or

if the recent study relevant to the EIS exemption is an endorsed policy, plan or program under the EPBC Act, part 10 (Strategic assessments) and approval of action in relation to the development was given under that Act, part 10—when the approval expires, or 5 years after the day the exemption is notified, whichever happens later; or

in any other case—

5 years after the day the EIS exemption was notified; or

if a later day is prescribed by regulation under the repealed Act, section 211I—the later day.