(1)  Despite section 60M , a project is not eligible to be declared to be a major project under section 60O if the project –

(a) would not further the objectives specified in Schedule 1 ; or

(b) would be in contravention of a State Policy; or

(c) would be in contravention of the TPPs; or

(d) would be inconsistent with a regional land use strategy that applies to the land on which the project is to be situated.

(2)  Despite section 60M , a project is not eligible to be declared to be a major project under section 60O if the project –

(a) relates to a matter, or includes a use or development, referred to in section 11(3) ; or

(b) relates to a matter, or includes a use or development, that is an EL activity within the meaning of the EMPC Act.