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LAND USE PLANNING AND APPROVALS ACT 1993 - REG 60B
Interpretation: Division 2A
(1) In this Division, unless the contrary intention appears
amend , in relation to a major project permit, means to amend, vary or revoke
a provision of the permit or to add a provision to the permit;
application for
an ordinary permit means an application made under Division 2 , or
section 40T(1) , for a permit;
assessment criteria , in relation to a
major project, means the assessment criteria determined under
section 60ZM(1) in relation to the major project;
assessment requirement
notice , in relation to a major project, means an assessment requirement
notice, as defined in section 60ZA(5) , that is given under
section 60ZA(1)(b) in relation to the major project;
bilateral agreement
project means a project
(a) that is reasonably likely to require approval from the Commonwealth
Government under the
Environment Protection and Biodiversity Conservation Act 1999 of the
Commonwealth; and
(b) in relation to which the proponent is likely to seek to have a bilateral
agreement, within the meaning of that Act, apply;
declaration of a major
project means a declaration of a major project under section 60O(1) , as
amended if at all under section 60TG(2) or (9) , that has not been
revoked under section 60U(2) ;
determination guidelines means
determination guidelines, issued by the Commission under section 60J(1) ,
that have not been revoked under section 60L ;
draft assessment criteria
, in relation to a major project, means the draft assessment criteria prepared
under section 60ZK(1) in relation to the major project;
EMPC Act means
the Environmental Management and Pollution Control Act 1994 ;
EPA Board means
the Board of the Environment Protection Authority established by section 13 of
the EMPC Act;
EPA Director means the Director, Environment Protection
Authority, appointed under section 18 of the EMPC Act;
final advice , in
relation to a participating regulator, means the notice given under
section 60ZZF(1) to the Panel, in relation to a major project, by the
participating regulator;
final assessment report , in relation to a major
project, means the final assessment report prepared under section 60ZZN
in relation to the major project;
Heritage Council means the Tasmanian
Heritage Council established by section 5 of the
Historic Cultural Heritage Act 1995 ;
initial assessment report , in relation
to a major project, means the initial assessment report prepared under
section 60ZZA(1) in relation to the major project;
major project means a
project to which a declaration of a major project relates;
major project
impact statement , in relation to a major project, means
(a) except if paragraph (b) or (c) applies, a major project impact
statement, in relation to the major project, provided to the Panel under
section 60ZS(1) ; or
(b) except if paragraph (c) applies, if a major project impact statement
in relation to the major project is provided to the Panel under
section 60ZV(6) that major project impact statement; or
(c) if a major project impact statement in relation to the major project is
provided to the Panel under section 60ZZZAA(7)(a) that major
project impact statement;
major project proposal , in relation to a proposed
major project, means
(a) except if paragraph (b) or (c) applies, a major project proposal
that, under section 60E(1) , accompanies a proposal for a declaration in
relation to the proposed major project or that is provided to the Minister
under section 60E(3) ; or
(b) except if paragraph (c) applies, if an amended major project proposal
in relation to the project is provided under section 60G(3) that
major project proposal; or
(c) if there is an amended major project proposal provided under
section 60ZH(2) in relation to the project that major project
proposal;
notice recommending revocation , in relation to a major project,
means a notice recommending revocation, as defined in section 60ZA(7) ,
that is given under section 60ZA(1)(c) in relation to the major project;
Panel , in relation to a major project, means the Development Assessment Panel
established under section 60V in relation to the major project;
participating regulator , in relation to a major project, means a relevant
regulator who is, under section 60ZB , a participating regulator in
relation to the project;
particular purpose zone means
(a) a zone called a particular purpose zone in the provisions of the planning
scheme in which the zoning appears; or
(b) a group of provisions, in a planning scheme, consisting of
(i) a zone that is particular to an area of land; and
(ii) the provisions that are to apply in relation to that zone;
pipeline
licensee has the same meaning as in the Gas Industry Act 2019 ;
preliminary
advice , in relation to a participating regulator, means preliminary advice
provided by the regulator under section 60ZY(1) ;
project-associated Act
means
(a) the Aboriginal Heritage Act 1975 ; and
(b) the Environmental Management and Pollution Control Act 1994 ; and
(c) the Historic Cultural Heritage Act 1995 ; and
(d) the Nature Conservation Act 2002 ; and
(e) the Threatened Species Protection Act 1995 ; and
(f) any regulations under an Act referred to in this definition;
project-related permit means a permit, authority, licence, certificate,
determination or permission, or other authorisation, however described (other
than an environmental licence, within the meaning of the EMPC Act) that,
further to an application under a project-associated Act, is or may be issued,
granted or given under a project-associated Act;
proponent , in relation
to
(a) a project, or a major project, that consists of one or more uses or
developments to be undertaken by the one person means the person
from time to time proposing the project; or
(b) a project, or a major project, that consists of 2 or more uses or
developments that are proposed to be undertaken by different
persons means the person proposing the project or major project as
a whole or, if there is more than one such person, a person who is nominated
under subsection (2) to be the proponent in relation to the project for
the purposes of this Act;
proposal for a declaration means
(a) a proposal made to the Minister under section 60C(1) ; or
(b) a proposal made by the Minister under section 60C(2) ;
relevant
planning authority , in relation to a project or a major project,
means
(a) a planning authority for the relevant planning scheme; and
(b) after the declaration of a major project, if all or part of the project or
major project is not to be situated in a municipal area the
planning authority specified under section 60Q(5) in relation to the
major project;
relevant planning scheme , in relation to a project or major
project, means a planning scheme that applies in relation to all or part of
the land on which the project or major project is situated or is to be
situated;
relevant regulated entity has the same meaning as in section 56N of
the Water and Sewerage Industry Act 2008 ;
relevant regulator , in relation to
a major project, means a person or entity that is a relevant regulator in
relation to the major project under section 60Z ;
relevant State entity
means
(a) a State Service Agency; and
(b) a Government Business Enterprise, within the meaning of the
Government Business Enterprises Act 1995 ; and
(c) a State-owned Company, within the meaning of the Audit Act 2008 ;
site-specific qualifications means a provision, or provisions, in a planning
scheme, that
(a) are referred to in the planning scheme as site-specific qualifications;
and
(b) only apply in relation to a particular area of land specified in the
planning scheme; and
(c) modify, are in substitution for, or are in addition to, the requirements
of the planning scheme that would otherwise apply in relation to the land;
specific area plan means a plan referred to as a specific area plan in the
provision of the planning scheme in which the plan appears;
State-owned
company means a company which is incorporated under the Corporations Act and
which is controlled by
(a) the State; or
(b) a State authority; or
(c) another company which is itself controlled by the State or a State
authority;
Tasmanian Government Business means
(a) a Government Business Enterprise within the meaning of the
Government Business Enterprises Act 1995 ; and
(b) a State authority; and
(c) a State-owned company; and
(d) the Corporation, within the meaning of the
Water and Sewerage Corporation Act 2012 .
(2) If a project or major project is to consist of 2 or more uses or
developments that are proposed to be undertaken by different persons, those
persons may, by notice to the Minister, nominate a person to be the proponent
of the project, or major project, for the purposes of this Act.
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