TASIn ForceAct
Land Use Planning and Approvals Act 1993
60TBGrounds on which declaration of a major project may be amended
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### 60TB Grounds on which declaration of a major project may be amended
> [*\[Section 60TB Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS14@EN)
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> > (1) For the purposes of this Division, there are grounds to amend a declaration of a major project to which a request under [section 60TC(1)](#GS60TC@Gs1@EN) relates so that the declaration also relates to an additional area of land, if –
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> > > > (a) the pre-assessment criteria circumstances apply in relation to the additional area of land; or
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> > > > (b) the pre-MPIS circumstances apply in relation to the additional area of land; or
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> > > > (c) the post-MPIS circumstances apply in relation to the additional area of land; or
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> > > > (d) the post-exhibition circumstances apply in relation to the additional area of land; or
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> > > > (e) the permit amendment circumstances apply in relation to the additional area of land.
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> > (2) For the purposes of this Division, the pre-assessment criteria circumstances apply in relation to an additional area of land to which a request under [section 60TC(1)](#GS60TC@Gs1@EN) in relation to a declaration of a major project relates, if –
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> > > > (a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and
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> > > > (b) draft assessment criteria have not been prepared under [section 60ZK(1)](#GS60ZK@Gs1@EN) in relation to the major project.
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> > (3) For the purposes of this Division, the pre-MPIS circumstances apply in relation to an additional area of land to which a request under [section 60TC(1)](#GS60TC@Gs1@EN) in relation to a declaration of a major project relates, if –
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> > > > (a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and
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> > > > (b) either –
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> > > > > > (i) draft assessment criteria have been prepared under [section 60ZK(1)](#GS60ZK@Gs1@EN) in relation to the major project; or
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> > > > > > (ii) assessment criteria have been determined under [section 60ZM(1)](#GS60ZM@Gs1@EN) in relation to the major project; and
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> > > > (c) the major project impact statement in relation to the major project has not been provided to the Panel under [section 60ZS](#GS60ZS@EN) .
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> > (4) For the purposes of this Division, the post-MPIS circumstances apply in relation to an additional area of land to which a request under [section 60TC(1)](#GS60TC@Gs1@EN) in relation to a declaration of a major project relates if –
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> > > > (a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and
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> > > > (b) the major project impact statement in relation to the major project has been provided to the Panel under [section 60ZS](#GS60ZS@EN) ; and
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> > > > (c) the public exhibition under [Subdivision 12](#HP4@HD2A@Hd12@EN) in relation to the major project has not commenced.
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> > (5) For the purposes of this Division, the post-exhibition circumstances apply in relation to an additional area of land to which a request under [section 60TC(1)](#GS60TC@Gs1@EN) in relation to a declaration of a major project relates, if –
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> > > > (a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and
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> > > > (b) there is no major project permit in relation to the major project; and
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> > > > (c) either –
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> > > > > > (i) a representation made under [section 60ZZD(1)](#GS60ZZD@Gs1@EN) , or at a hearing under [section 60ZZE](#GS60ZZE@EN) , in relation to the major project, or
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> > > > > > (ii) information provided by the proponent at a hearing under [section 60ZZE](#GS60ZZE@EN) in relation to the major project –
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> > > > suggests that it is necessary or desirable for the additional land to form part of the area of land to which the declaration of a major project relates.
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> > (6) For the purposes of this Division, the permit amendment circumstances apply in relation to an additional area of land to which a request under [section 60TC(1)](#GS60TC@Gs1@EN) in relation to a declaration of a major project relates, if –
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> > > > (a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and
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> > > > (b) the request under [section 60TC(1)](#GS60TC@Gs1@EN) is accompanied, in accordance with [section 60TC(3)(f)](#GS60TC@Gs3@Hpf@EN) , by an application that relates to a proposed amendment, or a proposed significant amendment, of a major project permit, that relates to the additional area of land; and
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> > > > (c) the proposed amendment, or proposed significant amendment, to the major project permit is sought by the proponent because the proponent is of the opinion that an alteration to –
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> > > > > > (i) the uses or developments to which the major project permit relates; or
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> > > > > > (ii) the design of the major project –
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> > > > is necessary or desirable to fulfil one or more of the purposes of the major project.