AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZZZA

Cancellation of major project permit

(1)  A person who is –
(a) the proponent of a major project to which a major project permit relates; or
(b) an owner of all or part of the land to which a major project permit relates; or
(c) an occupier or lessee of all or part of the land to which a major project permit relates –
may apply, to the relevant decision-maker in relation to a major project permit, to cancel the permit.
(2)  If the relevant decision-maker receives under subsection (1) an application for the cancellation of a major project permit –
(a) the relevant decision-maker must notify each person, referred to in that subsection, other than the person who made the application, that the person may, within 14 days, give to the relevant decision-maker the person’s opinion as to whether the major project permit ought to be cancelled; and
(b) a person who is given a notice under paragraph (a) may, within 14 days after receiving the notice, give to the relevant decision-maker in writing the person’s opinion as to whether the major project permit ought to be cancelled.
(3)  If the relevant decision-maker receives under subsection (1) an application for the cancellation of a major project permit the relevant decision-maker may, after considering the opinions of persons given to the relevant decision-maker under subsection (2)(b) , by instrument in writing, cancel the major project permit.
(4)  The relevant decision-maker, as soon as practicable after cancelling under this section a major project permit, is to ensure that there is published –
(a) in the Gazette ; and
(b) in a newspaper that is published, and circulates generally, in Tasmania –
a notice, specifying that the major project permit is cancelled from a day specified in the notice.
(5)  The day specified in a notice under subsection (4) as the day from which a major project permit is cancelled is to be a day after the day on which the notice is published in accordance with that subsection.
(6)  If the relevant decision-maker cancels under subsection (3) a major project permit in relation to a major project carried out, or to be carried out, on an area of land, the relevant decision-maker is to take reasonable steps to give notice in writing of the cancellation, and the date from which the permit is cancelled, to –
(a) the proponent of the project, and each owner, occupier or lessee of the land, to which the major project permit related; and
(b) the owners, the occupiers, and the lessees, of land adjoining the land to which the major project permit related; and
(c) each person who made, in relation to the major project, a representation under section 60ZL(2) or section 60ZZD(1) ; and
(d) the council that is the relevant planning authority in relation to the major project; and
(e) all councils for municipal areas in the regional area, or regional areas, in which the major project is or was to be situated; and
(f) if the major project is or was to be situated on an area of land that is not within any municipal area – all councils in relation to a regional area that is adjacent to the area of land; and
(g) the Commission; and
(h) each State Service Agency, or Tasmanian Government Business, that was notified under section 60ZJ(1) of the major project; and
(i) if all or part of the land on which the major project is or was to be situated is within Wellington Park – the Wellington Park Trust; and
(j) each participating regulator in relation to the major project.
(7)  The cancellation of a major project permit under this section takes effect on the day specified in the notice published in the Gazette under subsection (4) as the day from which the permit is cancelled.



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