AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZZX

Limitations on ability to make minor amendments to major project permits

(1)  The relevant decision-maker may only amend under section 60ZZW(1) or (2) a major project permit in relation to an area of land if –
(a) at least 14 days before amending the permit, the relevant decision-maker has made a reasonable attempt to provide a copy of the proposed amendment to –
(i) the relevant planning authority in relation to the major project; and
(ii) the State Service Agencies, and Tasmanian Government Businesses, that the relevant decision-maker believes have an interest in the project; and
(iii) if all or part of the land is in Wellington Park – the Wellington Park Management Trust; and
(iv) each person who made a representation under section 60ZZD(1) in relation to the major project that is a representation that is relevant to the proposed amendment; and
(b) the relevant decision-maker has considered any objections in relation to the proposed amendment that it has received under subsection (2) .
(2)  A person to whom a copy of the proposed amendment of a major project permit has been provided under subsection (1) may, within 14 days of receiving the copy, by notice to the relevant decision-maker, set out the person's objections to the proposed amendment.
(3)  The relevant decision-maker may only amend under section 60ZZW(1) or (2) a major project permit if the amendment –
(a) will not cause an increase in detriment to any person other than the proponent; and
(b) does not change the use or development for which the permit was issued, other than by changing in a minor way the description of the use or development.
(3A)  The relevant decision-maker may, subject to subsection (3) , amend under section 60ZZW(1) or (2) a major project permit in relation to an additional area of land that is specified in an amendment to a declaration of a major project made under section 60TG(2) .
(4)  The relevant decision-maker may only amend under section 60ZZW(1) or (2) a major project permit in relation to an area of land if the relevant decision-maker is satisfied that the permit, as so amended –
(a) would further the objectives specified in Schedule 1 ; and
(b) would not be in contravention of a State Policy; and
(c) would not be in contravention of the TPPs; and
(d) would not be inconsistent with a regional land use strategy that applies to the land on which the project is to be situated.
(5)  The relevant decision-maker may, if subsection (4) is complied with in relation to a proposed amendment, amend under section 60ZZW(1) or (2) the major project permit in relation to an area of land even though the permit, as so amended, would be inconsistent with a relevant planning scheme.



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