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Land Use Planning and Approvals Act 1993
60TERelevant regulators to be notified of request to amend declaration of a major project
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### 60TE Relevant regulators to be notified of request to amend declaration of a major project
> [*\[Section 60TE Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS14@EN)
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> > (1) A relevant advice body, in relation to a major project, that receives a request under [section 60TC(1)](#GS60TC@Gs1@EN) in relation to an additional area of land, must, within 7 days, give a notice of request to each relevant regulator.
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> > (2) A notice of request under [subsection (1)](#GS60TE@Gs1@EN) to a relevant regulator in relation to a request under [section 60TC(1)](#GS60TC@Gs1@EN) from a proponent of a major project to which a declaration of a major project relates must –
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> > > > (a) specify that the proponent has requested the relevant advice body to advise the Minister to amend the declaration of a major project so that the declaration also relates to an additional area of land; and
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> > > > (b) specify the additional area of land; and
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> > > > (c) specify –
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> > > > > > (i) the reasons, specified in the request under [section 60TC(1)](#GS60TC@Gs1@EN) , as to why the proponent is seeking the amendment; and
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> > > > > > (ii) the uses or developments that the proponent proposes are to occur on the additional area of land; and
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> > > > (d) specify which of the following circumstances referred to in [section 60TB](#GS60TB@EN) apply in relation to the additional area of land:
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> > > > > > (i) the pre-assessment criteria circumstances;
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> > > > > > (ii) the pre-MPIS circumstances;
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> > > > > > (iii) the post-MPIS circumstances;
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> > > > > > (iv) the post-exhibition circumstances;
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> > > > > > (v) the permit amendment circumstances; and
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> > > > (e) invite the relevant regulator to provide the relevant regulator’s applicable advice to the relevant advice body within 14 days after the notice of request is given to the relevant regulator.
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> > (3) A relevant regulator may, within 14 days after a notice of request is given to the relevant regulator under [subsection (1)](#GS60TE@Gs1@EN) , provide the relevant regulator’s applicable advice to the relevant advice body.
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> > (4) For the purposes of this section, the relevant regulator’s applicable advice is, if –
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> > > > (a) the notice of request under [subsection (1)](#GS60TE@Gs1@EN) to the relevant regulator specifies that the pre-assessment criteria circumstances apply in relation to an additional area of land; and
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> > > > (b) the relevant regulator has given, under [section 60ZA](#GS60ZA@EN) , an assessment requirement notice, or a notice of no assessment requirements, in relation to a major project –
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> > > advice as to whether, if the declaration of a major project in relation to the major project had been, at the time at which the relevant regulator gave a notice under [section 60ZA](#GS60ZA@EN) in relation to the major project, amended so that the declaration also relates to the additional area of land, the relevant regulator would have given, in relation to the major project –
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> > > > (c) an assessment requirement notice rather than a notice of no assessment requirements; or
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> > > > (d) an assessment requirement notice containing different requirements from those given, in relation to the major project, in the previous assessment requirement notice given by the relevant regulator; or
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> > > > (e) a notice recommending revocation.
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> > (5) For the purposes of this section, the relevant regulator’s applicable advice is, if the notice of request under [subsection (1)](#GS60TE@Gs1@EN) to the relevant regulator specifies that the pre-MPIS circumstances apply in relation to an additional area of land, advice as to whether, if a declaration of a major project were to be amended so that the declaration also relates to the additional area of land –
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> > > > (a) the relevant regulator, where the relevant regulator is a participating regulator, would require the draft assessment criteria, or the assessment criteria, in relation to the major project to be amended; or
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> > > > (b) the relevant regulator, where the relevant regulator is not a participating regulator, would wish to become a participating regulator in relation to the major project.
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> > (6) For the purposes of this section, the relevant regulator’s applicable advice is, if the notice of request under [subsection (1)](#GS60TE@Gs1@EN) to the relevant regulator specifies that the post-MPIS circumstances apply in relation to an additional area of land, advice as to whether, if a declaration of a major project in relation to a major project were to be amended so that the declaration also relates to the additional area of land –
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> > > > (a) the relevant regulator, where the relevant regulator is a participating regulator –
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> > > > > > (i) would require the assessment criteria in relation to the major project to be amended; or
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> > > > > > (ii) would require the major project impact statement, in relation to the major project, to be amended; or
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> > > > (b) the relevant regulator, where the relevant regulator is not a participating regulator, would wish to become a participating regulator in relation to the major project.
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> > (7) For the purposes of this section, the relevant regulator’s applicable advice is, if the notice of request under [subsection (1)](#GS60TE@Gs1@EN) to the relevant regulator specifies that the post-exhibition circumstances apply in relation to an additional area of land, advice as to whether, if a declaration of a major project in relation to a major project were to be amended so that the declaration also relates to the additional area of land –
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> > > > (a) the relevant regulator, where the relevant regulator is a participating regulator –
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> > > > > > (i) would require the draft assessment criteria, or the assessment criteria, in relation to the major project, to be amended; or
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> > > > > > (ii) would require the major project impact statement, in relation to the major project, to be amended; or
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> > > > > > (iii) would provide under [section 60ZY](#GS60ZY@EN) preliminary advice that is different from the preliminary advice already given by the relevant regulator in relation to the major project; or
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> > > > (b) the relevant regulator, where the relevant regulator is not a participating regulator, would wish to become a participating regulator in relation to the major project.
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> > (8) For the purposes of this section, the relevant regulator’s applicable advice is, if the notice of request under [subsection (1)](#GS60TE@Gs1@EN) to the relevant regulator specifies that the permit amendment circumstances apply in relation to an additional area of land, advice as to whether, if the declaration of a major project in relation to a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator would require one or more periods specified in [section 60ZZZAA(8)](#GS60ZZZAA@Gs8@EN) not to be shortened in accordance with [section 60ZZZAA(8)](#GS60ZZZAA@Gs8@EN) in relation to an application for a significant amendment that relates to the major project.