AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60TI

Effect of certain advices under section 60TE(3) if declaration of a major project is amended

(1)  If –
(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and
(b) the notice of request under section 60TE(1) specifies that the pre-assessment criteria circumstances apply in relation to the additional area of land; and
(c) a relevant regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator would have given, in relation to the major project –
(i) an assessment requirement notice rather than a notice of no assessment requirements; or
(ii) an assessment requirement notice containing different requirements to those given, in relation to the major project, in the previous assessment requirement notice given by the relevant regulator; or
(iii) a notice recommending revocation –
Subdivision 7 applies in relation to the relevant regulator, on and from the day on which the notice of the amendment of the declaration of a major project is given to the relevant regulator under section 60TH(2) , as if the major project had just been referred to the relevant regulator under section 60Y .
(2)  If –
(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and
(b) the pre-MPIS circumstances applied in relation to the additional area of land; and
(c) a relevant regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator –
(i) would require the assessment criteria in relation to the major project to be amended; or
(ii) would wish to become a participating regulator in relation to the major project –
Subdivisions 7 , 8 and 9 apply in relation to the relevant regulator, on and from the day on which the notice of the amendment of the declaration of a major project is given to the relevant regulator under section 60TH(2) , as if the major project had just been referred to the relevant regulator under section 60Y .
(3)  If –
(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and
(b) the post-MPIS circumstances applied in relation to the additional area of land; and
(c) a relevant regulator has not provided under section 60TE(3) the relevant regulator’s advice that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator –
(i) would require the assessment criteria in relation to the major project to be amended; or
(ii) would wish to become a participating regulator in relation to the major project; and
(d) a relevant regulator that is a participating regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator would require the major project impact statement, in relation to the major project, to be amended –
Subdivisions 10 , 11 , 12 and 13 apply in relation to the additional area of land and the major project as if the major project impact statement had just been provided to the participating regulator.
(4)  If –
(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and
(b) the post-exhibition circumstances applied in relation to the additional area of land; and
(c) a relevant regulator that is a participating regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator would require the major project impact statement, in relation to the major project, to be amended –
Subdivisions 10 , 11 , 12 and 13 apply in relation to the additional area of land and the major project as if the major project impact statement had just been provided to the participating regulator.
(5)  If –
(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and
(b) the post-exhibition circumstances applied in relation to the additional area of land; and
(c) a relevant regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land –
(i) the relevant regulator would not require the major project impact statement, in relation to the major project, to be amended; but
(ii) the relevant regulator would provide under section 60ZY preliminary advice that is different from the preliminary advice already provided by the relevant regulator in relation to the major project –
Subdivisions 11 , 12 and 13 apply in relation to the additional area of land and the major project as if the major project impact statement had just been provided to the participating regulator.



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