AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60U

Subdivision 5 - Revocation of declaration Revocation of declaration

(1)  A proponent of a project may at any time, by notice in writing to the Minister, request the Minister to revoke the declaration of a major project in respect of all or part of the area of land to which the declaration relates.
(2)  The Minister, by notice in the Gazette , may revoke a declaration of a major project in respect of all or part of an area of land, if permitted or required under subsection (3) or (5) to revoke the declaration.
(3)  The Minister may revoke under subsection (2) a declaration of a major project in respect of all or part of an area of land –
(a) in accordance with a request under subsection (1) , if there is no major project permit in relation to the land; or
(b) if the proponent of the project has failed to comply with section 60ZS(1) , section 60ZV(6) or section 60ZX(1) ; or
(c) if the proponent of the project has provided to the Minister or the Panel information, in relation to the project, that is false or misleading in any material particular; or
(d) if the Minister is satisfied that the proponent does not intend the project to proceed in relation to the land or the part of the area of land and there is no major project permit in relation to the land or the part; or
(e) subject to subsection (4) , if the Panel has given the Minister a no reasonable prospect notice under section 60ZI(1) in relation to the project.
(4)  If the Minister has received a no reasonable prospect notice under section 60ZI(1) in relation to a major project, the Minister must, before revoking under subsection (2) , on the grounds specified in subsection (3)(e) , the declaration of a major project in relation to the major project, consider any submission, and any comments, in relation to the major project, that are given to the Minister under section 60ZI(7) .
(5)  The Minister must revoke under subsection (2) a declaration of a major project in respect of all or part of an area of land if –
(a) the Panel has given to the Minister under section 60ZG(4) a copy of a notice under section 60ZG(3)(a) in relation to the major project; or
(b) section 60ZH(3) applies in relation to the declaration; or
(c) the Panel has refused to grant a major project permit in relation to all of the area of land or the part of the area of land, respectively; or
(d) the major project permit in relation to all of the area of land or the part of the area of land, respectively, has been cancelled.
(6)  The Minister is to give notice of a revocation of a declaration of a major project under subsection (2) to the Panel and the persons notified under section 60R(1) of the declaration of the major project.
(7)  The Minister is to ensure that a notice of the revocation of a declaration of a major project under subsection (2) is placed in a newspaper that is published, and circulates generally, in Tasmania.
(8)  If a declaration of a major project is revoked under subsection (2) in relation to all or part of an area of land –
(a) this Division, apart from this section, section 60ZZZD and section 60ZZZE , ceases to apply, in respect of the project that was a major project, to the land to which the revocation relates; but
(b) a person is not to be taken to have committed an offence under this Act by reason of any action taken, or not taken, before this Division, apart from this section, section 60ZZZD and section 60ZZZE , ceased to apply, if the action or failure was lawful under this Division at the time when the action or failure occurred; and
(c) a proposal for a declaration in relation to a project that relates to, or an application for a permit in relation to, a use or development may not, except with the approval of the Minister, be made by any person within the 2-year period after the revocation, if the use or development –
(i) is the same as, or substantially the same as, a use or development to which the project related; and
(ii) would be carried out on all or part of the area of land to which the project related.


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