AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZZW

Amendment of major project permit where no detriment except to proponent, &c.

(1)  Subject to section 60ZZX , the relevant decision-maker may, on the application of a proponent of a major project, or an owner, occupier or lessee of land, to which a major project permit relates, by notice in writing to the applicant, amend the major project permit.
(2)  The relevant decision-maker may, on the application of –
(a) a relevant regulator in relation to a major project to which the major project permit relates; or
(b) the planning authority for the area of land to which the major project relates –
amend the major project permit by notice in writing to the proponent, if any, and each owner, occupier or lessee of land to which the major project permit relates.
(3)  The relevant decision-maker may only amend under subsection (2) a major project permit if it has invited the proponent, if any, and each owner, occupier or lessee of land to which a major project permit relates, to show cause why the major project permit should not be amended as proposed.
(4)  The relevant decision-maker may only amend under subsection (1) or (2) a major project permit if, at least 14 days before amending the major project permit –
(a) the relevant decision-maker has invited each relevant regulator, in relation to the major project to which the major project permit relates, to advise the relevant decision-maker within 14 days, or a longer period allowed by the relevant decision-maker, as to whether the relevant regulator objects to the proposed amendment; and
(b) the relevant regulator has not, within the time required under paragraph (a) , advised that the relevant regulator objects to the proposed amendment.
(5)  Subsection (4) does not apply in relation to a relevant regulator in relation to an amendment that the relevant regulator has applied for under subsection (2)(a) .
(6)  If the relevant decision-maker amends a major project permit under subsection (1) or (2) , the relevant decision-maker is to make a reasonable attempt to notify, in writing, of the making of the amendment, each person to whom a copy of the proposed amendment has been provided under section 60ZZX(1)(a) .
(7)  The relevant decision-maker, as soon as practicable after amending under subsection (2) a major project permit in relation to a major project, is to make a reasonable attempt to, in writing, notify of the making of the amendment each person who made a representation under section 60ZZD(1) , in relation to the project, that is a representation that is relevant to the amendment.
(8)  The relevant decision-maker, as soon as practicable after amending under subsection (1) or (2) a major project permit, is to ensure that a notice, specifying that the amendment has been made and setting out the effect of the amendment, is published in the Gazette and in a newspaper that is published, and circulates generally, in Tasmania.



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