AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZM

Panel to determine assessment criteria

(1)  The Panel in relation to a major project must determine the assessment criteria in relation to the major project.
(2)  The Panel in relation to a major project may only determine the assessment criteria in relation to the major project if –
(a) the Panel has complied with section 60ZK in relation to the draft assessment criteria in relation to the major project; and
(b) the Panel has complied with section 60ZL and has considered each representation made under section 60ZL(2) in relation to the draft assessment criteria.
(3)  The assessment criteria in relation to a major project are a document that specifies the matters to be addressed in the major project impact statement in relation to the major project.
(4)  The matters to be specified in the assessment criteria as matters required to be addressed in the major project impact statement in relation to a major project are to be –
(a) relevant land use planning matters; and
(b) any matters that the relevant participating regulator required in an assessment requirement notice under section 60ZA(1)(b) to be addressed in the major project impact statement in relation to the major project.
(5)  For the purposes of subsection (4)(a) , the relevant land use planning matters are the matters that the Panel considers are reasonably required to enable the proper assessment of whether the use and development of the land for the purposes of the major project would be an effective and appropriate use and development of the land.
(6)  In determining, for the purposes of subsection (4)(a) , the relevant land use planning matters, the Panel is to have regard to –
(a) any relevant planning scheme, including, in particular, any specific area plan, particular purpose zone or site-specific qualifications that apply to the land to which the major project relates; and
(b) if the carrying out of the project is inconsistent with the provisions of a relevant planning scheme – the merit of any changes to a planning scheme (other than to the SPPs), including, in particular, to any specific area plan, particular purpose zone or site-specific qualifications that apply to the land to which the major project relates, that would be required to be made for the major project to be lawfully carried out; and
(c) the regional land use strategy, if any, for the regional area in which the land is situated.
(7)  The relevant land use planning matters referred to in subsection (4)(a) must –
(a) seek to further the objectives specified in Schedule 1 ; and
(b) be consistent with each applicable State Policy; and
(c) be consistent with each applicable provision of the TPPs; and
(d) not be inconsistent with a regional land use strategy that applies to the land on which the project is situated.
(8)  The Panel is to provide to a participating regulator a copy of the assessment criteria if the participating regulator has given to the Panel an assessment requirement notice under section 60ZA(1)(b) in relation to the major project.
(9)  If a participating regulator has given to the Panel an alteration notice under section 60ZL(4) in relation to an assessment requirement notice given by the regulator under section 60ZA(1)(b) in relation to the major project, the Panel must ensure that the draft assessment criteria in relation to the major project are altered so that the assessment criteria, when determined under subsection (1) , take into account the assessment requirement notice as altered in accordance with the alteration notice.



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