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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60B

Division 2A - Major projects Subdivision 1 - Interpretation of Division 2A 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declaration of a major project means a declaration of a major project under section 60O(1) that has not been revoked under section 60U(2) ;
determination guidelines means determination guidelines, issued by the Commission under section 60J(1) , that have not been revoked under section 60L ;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) applies, a major project impact statement provided, in relation to the major project, to the Panel under section 60ZS(1) ; or
(b) 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;
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 in relation to the project, being a proposal to which section 60ZH(4) relates – 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 Pipelines Act 2000 ;
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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