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] [Section 60S Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]

(1)  [Section 60S Subsection (1) substituted by No. 33 of 2022, s. 10, Applied:17 May 2023] 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] Subsection (1) 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 , section 60ZT(2) or section 60ZU(2) or (4) .

(3)  Subsection (1) 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] Subsection (1) 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 in relation to all of the area of land, or the part of the area of land, respectively.