60NWhen project is ineligible to be declared to be major project

60N When project is ineligible to be declared to be major project

[Section 60N of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60N Subsection (6) amended by No. 47 of 2015, s. 22, Applied:17 Dec 2015] [Section 60N Subsection (6) amended by No. 47 of 2015, s. 22, Applied:17 Dec 2015] [Section 60N Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]

(1)  Despite section 60M , a project is not eligible to be declared to be a major project under section 60O if the project –

(a) would not further the objectives specified in Schedule 1 ; or

(b) would be in contravention of a State Policy; or

(c) would be in contravention of the TPPs; or

(d) would be inconsistent with a regional land use strategy that applies to the land on which the project is to be situated.

(2)  Despite section 60M , a project is not eligible to be declared to be a major project under section 60O if the project –

(a) relates to a matter, or includes a use or development, referred to in section 11(3) ; or

(b) relates to a matter, or includes a use or development, that is an EL activity within the meaning of the EMPC Act.