SCHEDULE 9 - Savings and Transitional Provisions – Land Use Planning and Approvals Amendment (Major Projects) Act 2020

Section 87F

1.    References to LPS in Division 2A of Part 4

Until an LPS comes into force in relation to a municipal area, a reference in Division 2A of Part 4 to an LPS is to be taken, in relation to the municipal area, to be a reference to the planning scheme in relation to the area.

2.    Projects of regional significance

(1) In this clause –

amending Act means the Land Use Planning and Approvals Amendment (Major Projects) Act 2020 ;

amendment day means the day on which Division 2A of Part 4 of this Act is substituted by the amending Act;

former provisions means Division 2A of Part 4 of this Act as in force immediately before the amendment day;

project of regional significance means a project to which a notice under section 60G of the former provisions related immediately before the amendment day.

(2) If, before the amendment day, assessment guidelines have not been determined, under section 60N of the former provisions, in relation to a project of regional significance –

(a) the project is to be taken to be a project in relation to which a declaration of a major project has been made, on the amendment day, under section 60O of this Act as in force after that day; and

(b) the statement of intent, referred to in section 60F of the former provisions, in relation to the project of regional significance is taken to be a major project proposal given to the Minister under section 60E of this Act as in force after the amendment day.

(3) If, before the amendment day, assessment guidelines have been determined, under section 60N of the former provisions, in relation to a project of regional significance –

(a) the former provisions, and any definition specified in section 3 of this Act as in force immediately before the amendment day, continue in force in relation to the project as if they had not been repealed by the amending Act; and

(b) any notice or declaration, under Division 2A of Part 4 of the former provisions, that related before the amendment day to the project of regional significance continues to apply in relation to the project.