60SEffect on planning matters of declaration of major project

### 60S Effect on planning matters of declaration of major project > [*\[Section 60S of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010\]*](/view/html/inforce/2010-01-01/act-2009-043#GS11@EN) [*\[Section 60S Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020\]*](/view/html/inforce/2020-10-28/act-2020-021#GS12@EN) > > > (1)  [*\[Section 60S Subsection (1) substituted by No. 33 of 2022, s. 10, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS10@Hpa@EN) A person must not undertake a use or development, on land to which a major project relates, that is – > > > > > > (a) the same as, or substantially the same as, a use or development to which the major project permit relates; and > > > > > > > (b) a use or development for which, under a planning scheme that applies to the land, a permit is required – > > > > > > except if the use or development is under and in accordance with – > > > > > > > (c) a major project permit in relation to the project; or > > > > > > > (d) a permit that was in force immediately before the project was declared to be a major project. > > > (2)  [*\[Section 60S Subsection (2) amended by No. 33 of 2022, s. 10, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS10@Hpb@EN) [Subsection (1)](#GS60S@Gs1@EN) does not apply in relation to an activity if the activity is carried out in accordance with a project-related permit, notice or authority issued or granted under [section 60SB](#GS60SB@EN) , [section 60ZT(2)](#GS60ZT@Gs2@EN) or [section 60ZU(2)](#GS60ZU@Gs2@EN) or [(4)](#GS60ZU@Gs4@EN) . > > > (3)  [Subsection (1)](#GS60S@Gs1@EN) does not apply in relation to a use or development for the purposes of the Panel, or a relevant regulator, conducting an assessment under or for the purposes of this Division, and any such assessment is not to be taken to be in contravention of any provision of this Act or a planning scheme. > > > (3A)  [*\[Section 60S Subsection (3A) inserted by No. 33 of 2022, s. 10, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS10@Hpc@EN) [Subsection (1)](#GS60S@Gs1@EN) does not apply in relation to all, or part, of the area of land to which a major project permit relates, if a certificate of development completion has been issued under [section 60SA(4)](#GS60SA@Gs4@EN) in relation to all of the area of land, or the part of the area of land, respectively. > > > (4)  If a declaration of a major project is made – > > > > > > (a) an application for an ordinary permit, in relation to a use or development forming all or part of the major project, that has been made to, but not determined by, the planning authority, is taken to have been withdrawn on the day on which the declaration is made; and > > > > > > > (b) the planning authority to which the application was made must, as soon as practicable, refund to the applicant half of any fees that the applicant has paid in respect of the application. > > > (5)  [*\[Section 60S Subsection (5) inserted by No. 33 of 2022, s. 10, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS10@Hpd@EN) If a declaration of a major project is amended under [section 60TG(2)](#GS60TG@Gs2@EN) so that the declaration also relates to an additional area of land – > > > > > > (a) an application for an ordinary permit, in relation to a use or development forming all or part of the major project, that – > > > > > > > > > > (i) relates to the additional area of land; and > > > > > > > > > > > (ii) has been made to, but not determined by, the planning authority, before the declaration of a major project is amended under [section 60TG(2)](#GS60TG@Gs2@EN)  – > > > > > > > > is taken to have been withdrawn on the day on which the declaration of a major project is amended under [section 60TG(2)](#GS60TG@Gs2@EN) ; and > > > > > > > (b) the planning authority to which the application was made must, as soon as practicable, refund to the applicant half of any fees that the applicant has paid in respect of the application.