Environmental Protection Act 1994

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—