(1)  Where an application has been made to a planning authority under the Land Use Planning and Approvals Act 1993 for a permit in respect of a use or development of land that is a permissible level 2 activity or a use or development of land that is on the same land as, and is not ancillary to, an existing level 2 activity, the planning authority must –

(a) except in the case of –

(i) an application made under Division 2A of Part 3 of the Land Use Planning and Approvals Act 1993 , as in force before the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015; or

(ia) an application for a permit to which section 60D of the Land Use Planning and Approvals Act 1993 applies; or

(ii) an application made under section 40T of the Land Use Planning and Approvals Act 1993 , as in force after the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 –

deal with the application in accordance with section 57 of that Act; and

(b) refer the application to the Board as soon as practicable, but in any case within 21 days, after the date of lodgment of the application.

(1A)  For the purposes of subsection (1) , a use or development that is on the same land as an existing level 2 activity is not ancillary to that activity if –

(a) it constitutes conduct of works within the definition of that level 2 activity in Schedule 2 ; or

(b) it constitutes an intensification of the use or development of the land for the purposes of conducting the works which define that level 2 activity in Schedule 2 ; or

(c) it will, or is likely to, cause serious or material environmental harm; or

(d) it constitutes conduct of works within the meaning of any other level 2 activity in Schedule 2 .

(1B)  If a planning authority determines that a use or development of land that is on the same land as an existing level 2 activity is ancillary to that activity, the planning authority must, if required by any person, give written reasons in support of its determination.

(1C)  .  .  .  .  .  .  .  .  

(1D)  If an application in relation to an activity, other than an EL activity, is referred to the Board under subsection (1) , the Board is to determine within 14 days whether it needs to assess the activity to which the application relates.

(1DAA)  If an application that relates to an EL activity is referred to the Board under subsection (1) , the application is not an application to which subsection (1DAB) applies and there is no environmental licence in relation to the activity, the Board, within 42 days –

(a) is to determine under section 42K(2) whether to refuse to grant an environmental licence in relation to the activity; and

(b) if it refuses under section 42K(2) to grant an environmental licence in relation to the activity, is to determine that it does not need to assess the activity; and

(c) if it does not refuse under section 42K(2) to grant an environmental licence in relation to the activity, is to determine that it needs to assess the activity.

(1DAB)  If an application that relates to an EL activity is referred to the Board under subsection (1) and the application relates to a proposed expansion, intensification or modification of an activity that is carried out under an environmental licence, the Board, within 42 days –

(a) is to determine whether or not the proposed expansion, intensification or modification of an activity is environmentally significant; and

(b) if it determines that the proposed expansion, intensification or modification of an activity is environmentally significant, is to determine under section 42Q(2) whether to refuse to vary an environmental licence in relation to the activity; and

(c) if the Board –

(i) determines that the proposed expansion, intensification or modification of an activity is not environmentally significant; or

(ii) refuses under section 42Q(2) to vary an environmental licence in relation to the activity –

is to determine that it does not need to assess the activity; and

(d) if the Board –

(i) determines that the proposed expansion, intensification or modification of an activity is environmentally significant; and

(ii) does not refuse under section 42Q(2) to vary an environmental licence in relation to the activity –

is to determine that it needs to assess the activity.

(1DAC)  Subsection (1D) , subsection (1DAA) and subsection (1DAB) do not apply in relation to –

(a) an application made under Division 2A of Part 3 of the Land Use Planning and Approvals Act 1993 , as in force before the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 ; or

(b) an application made under section 40T of the Land Use Planning and Approvals Act 1993 , as in force after the commencement of section 10 of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 .

(1DA)  The 14-day period referred to in subsection (1D) , or, in the case of an application in relation to an EL activity, the 42-day period referred to in subsection (1DAA) or subsection (1DAB) , or such lesser period as the Board requires, is to be disregarded for the purposes of the calculation of the periods referred to in sections 57(6) and 58(2) of the Land Use Planning and Approvals Act 1993 .

(1E)  The Board is taken to have determined that it needs to assess the activity to which the application relates under this Act if it has not notified the planning authority to the contrary –

(a) where paragraph (b) does not apply, before the end of the 14-day period referred to in subsection (1D) ; or

(b) if the activity is an EL activity, before the end of the 42-day period referred to in subsection (1DAA) or (1DAB) , as the case may be.

(2)  If the Board determines that it needs to assess the activity to which an application relates under this Act then, unless the application is refused under section 57(2) of the Land Use Planning and Approvals Act 1993 –

(a) the Board is to do the assessment in accordance with the Environmental Impact Assessment Principles and Division 1A and in consultation with the planning authority; and

(b) the planning authority is not to advertise the application in accordance with section 27G until it has received written notice from the Director that the Board has received sufficient information to satisfy the requirements of section 74(3) ; and

(c) .  .  .  .  .  .  .  .  

(d) the period referred to in section 54(1) of the Land Use Planning and Approvals Act 1993 is extended to 42 days; and

(e) section 57(6) of the Land Use Planning and Approvals Act 1993 does not apply until the completion of the Board's assessment of the activity; and

(f) the planning authority, notwithstanding any enactment to the contrary, is not required to assess any matter addressed in the Board's assessment under paragraph (a) ; and

(g) if, despite paragraph (f) , the planning authority does its own assessment of a matter addressed in the assessment under paragraph (a) , it is not entitled to recover the cost of its assessment from the applicant, the Crown or any other person.

(3)  If the Board determines that it does not need to assess the activity to which an application relates under this Act –

(a) the planning authority may process the application without further reference to the Board; and

(b) the Board's determination does not affect a requirement to assess the application under the Land Use Planning and Approvals Act 1993 or any other Act; and

(c) for an application referred under subsection (1) , subsections (1)(a) and (2) do not apply.

(4)  Subsection (4A) applies in relation to an application if the Board –

(a) in accordance with subsection (1DAA)(b) or  (1DAB)(c) , determines that it does not need to assess an activity to which an application relates; and

(b) has directed the planning authority, in a notice under section 27AC(2) , to refuse to grant a permit in relation to the activity.

(4A)  If this subsection applies in relation to an application, the planning authority is to determine the application under section 57(6) of the Land Use Planning and Approvals Act 1993 in accordance with the direction under section 27AC(2) , without exhibiting the application in accordance with section 57(3) of the Land Use Planning and Approvals Act 1993 , and for that purpose –

(a) section 57(3) of the Land Use Planning and Approvals Act 1993 does not apply in relation to the application; and

(b) the reference in section 57(6) of the Land Use Planning and Approvals Act 1993 to a notice under subsection (3) is to be taken to be a reference to the notice to the planning authority in accordance with section 27AC(2) .

(5)  On completion of an assessment under this section in relation to an activity, other than an EL activity –

(a) the Board must notify the planning authority –

(i) of any condition or restriction which the Board requires to be contained in a permit granted by the planning authority under the Land Use Planning and Approvals Act 1993 in respect of the activity; and

(ii) of the reasons for requiring the condition or restriction; or

(b) the Board must –

(i) direct the planning authority to refuse to grant the permit; and

(ii) notify the planning authority of the reasons for giving the direction.

(6)  Conditions which the Board may, under subsection (5) , require to be contained in a permit granted by the planning authority under the Land Use Planning and Approvals Act 1993 may include–

(a) a condition requiring the person to whom the permit is granted to apply for a further permit under the Act in the event of a proposed change in the activity which might result in environmental harm; and

(b) a condition requiring the person to whom the permit is granted to prepare, and submit to the Board for approval, an environmental management plan for the proposed activity; and

(c) a condition requiring the person to whom the permit is granted to undertake regular monitoring of the environmental effects of the activity and to report the results of that monitoring to the Board on a regular basis; and

(d) a condition providing that the activity can be undertaken only for a specified period of time, after which period a further permit under that Act may be required; and

(e) a condition requiring that, if the activity ceases, the site must be rehabilitated in accordance with the Board's requirements; and

(ea) a condition that gives effect to an environmental standards condition or a technical standard; and

(f) a condition requiring the person to whom the permit is granted to undertake such measures as the Board may specify to limit the environmental effects of traffic movements to and from the land to which the permit applies.

(7)  .  .  .  .  .  .  .  .  

(8)  Where the Board has, under subsection (5) , required conditions or restrictions to be contained in a permit or has directed a planning authority to refuse to grant a permit, the planning authority–

(a) must include any such condition or restriction in a permit granted by it or must not grant the permit; and

(b) must not include any other condition or restriction which is inconsistent with, or which extends the operation of, any conditions or restrictions which the Board requires to be contained in the permit; and

(c) must notify the Board of its decision to grant or refuse to grant a permit; and

(d) must, at the same time as it serves notice of its decision in accordance with section 57(7) of the Land Use Planning and Approvals Act 1993 , notify in writing the applicant and any persons who made representations under section 57(5) of the Land Use Planning and Approvals Act 1993 in respect of the application –

(i) of the conditions or restrictions that the Board requires to be contained in the permit or of the direction to the planning authority to refuse to grant the permit; and

(ii) of the reasons of the Board for requiring the conditions or restrictions to be contained in the permit or for giving the direction; and

(e) must not, if it grants the permit, exercise its power under section 56(2) of the Land Use Planning and Approvals Act 1993 in respect of that permit without the prior written consent of the Board.

(8A)  If a permit is issued with conditions or restrictions required by the Board, the planning authority is not required or entitled to exercise any power that it could otherwise exercise under this or any other Act to enforce those conditions or restrictions unless the Director and the planning authority have, in writing, agreed otherwise.

(8B)  Subsection (8A) has effect notwithstanding Part 4 of this Act, Part 4 of the Land Use Planning and Approvals Act 1993 or any other enactment.

(8C)  The Director may, by notice in writing to a planning authority, revoke any agreement that the Director has entered into with that planning authority for the purposes of subsection (8A) .

(8D)  Subject to any further period agreed under section 57(6A) or 58(2A) of the Land Use Planning and Approvals Act 1993 and to the receipt by the planning authority of additional information sufficient to satisfy a requirement under section 54 of that Act, the planning authority is to make its decision to grant or refuse to grant the permit –

(a) within 42 days after receiving notification from the Board under subsection (5) ; or

(b) within 42 days after receiving, under section 42M(2) or section 42R(1) , a notice from the Board in relation to the activity.

(9)  In this section, permissible level 2 activity means a level 2 activity in respect of which a planning authority –

(a) has a discretion to refuse a permit; or

(b) is bound to grant a permit either unconditionally or subject to conditions.