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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZI
Panel may give no reasonable prospect notice
(1) Subject to section 60ZE and this section, the Panel may give to
the Minister a notice in writing ( a no reasonable prospect notice ) in
relation to a major project.
(2) The Panel may, under subsection (1) , only give to the Minister
a no reasonable prospect notice in relation to a major project
(a) after receiving under section 60V(5) a copy of the major project
proposal in relation to the major project; and
(b) before determining under section 60ZM(1) the assessment criteria in
relation to the major project; and
(c) within 21 days after giving to the proponent of the major project a notice
under section 60ZG(1) .
(3) A no reasonable prospect notice under subsection (1) in
relation to a major project is to specify
(a) that the Panel considers that there is no reasonable prospect that the
Panel will grant a major project permit in relation to the major project; and
(b) the reasons why the Panel considers that there is no reasonable prospect
that the Panel will grant a major project permit in relation to the major
project.
(4) Without limiting the generality of subsection (1) , the Panel
may give a no reasonable prospect notice under subsection (1) in relation
to a major project if the Panel is of the opinion that the grant of a major
project permit
(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 in
relation to the land to which the project relates.
(5) Without limiting the generality of subsection (1) , the Panel
may give a no reasonable prospect notice under subsection (1) in relation
to a major project if a relevant regulator has, under section 60ZA(1) ,
given to the Panel a notice recommending revocation.
(6) The Panel must not give a no reasonable prospect notice under
subsection (1) in relation to a major project unless
(a) the Panel has given to the proponent a warning notice under
section 60ZE(1) in relation to the major project; and
(b) at least
(i) 14 days have expired since the Panel gave to the proponent the warning
notice under section 60ZE(1) ; or
(ii) 28 days have expired since each participating regulator was provided
under section 60ZF(1) with a copy of a submission under
section 60ZE(2)
whichever period expires later; and
(c) the Panel has considered
(i) any submission made to the Panel under section 60ZE(2) in relation to
the Panels intention to give a no reasonable prospect notice in relation
to the major project; and
(ii) any notice given under section 60ZA(1) in accordance with
section 60ZF(2) ; and
(d) the Panel has given the proponent a notice under section 60ZG(1) and
has not, within 14 days after giving the notice, received a notice from the
proponent under section 60ZG(3) .
(7) The Panel must give to the Minister, together with a no reasonable
prospect notice under subsection (1) in relation to a major
project
(a) a copy of any submission made under section 60ZE(2) in relation to
the Panels intention to give a no reasonable prospect notice under
section 60ZI(1) ; and
(b) any comments that the Panel thinks are appropriate in relation to the
submission.
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