TASIn ForceAct
Land Use Planning and Approvals Act 1993
60TFAdvice from relevant advice body
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### 60TF Advice from relevant advice body
> [*\[Section 60TF Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS14@EN)
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> > (1) The relevant advice body, on receiving under [section 60TC(1)](#GS60TC@Gs1@EN) a request in relation to an additional area of land, must, within 28 days or a longer period allowed by the Minister –
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> > > > (a) decide whether to give, or refuse to give, advice to the Minister under [subsection (2)](#GS60TF@Gs2@EN) ; and
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> > > > (b) notify the proponent who made the request of the decision of the relevant advice body under [paragraph (a)](#GS60TF@Gs1@Hpa@EN) .
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> > (2) A relevant advice body that receives under [section 60TC(1)](#GS60TC@Gs1@EN) a request in relation to an additional area of land, may advise the Minister that it is appropriate to amend the declaration of a major project, to which the request relates, so that the declaration also relates to the additional area of land.
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> > (3) A relevant advice body must not give advice under [subsection (2)](#GS60TF@Gs2@EN) in relation to an additional area of land unless it is satisfied that there are, under [section 60TB](#GS60TB@EN) , grounds to amend a declaration of a major project so that the declaration also relates to the additional area of land.
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> > (4) A relevant advice body must not give advice under [subsection (2)](#GS60TF@Gs2@EN) in relation to an additional area of land if it is of the opinion that, were a declaration of a major project amended so that the declaration also relates to the additional area of land, the project would, under [section 60N](#GS60N@EN) , be not eligible to be declared to be a major project.
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> > (5) An advice to the Minister under [subsection (2)](#GS60TF@Gs2@EN) must include information sufficient to indicate to the Minister why the relevant advice body is satisfied that [subsection (4)](#GS60TF@Gs4@EN) has been complied with.
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> > (6) The relevant advice body must not give advice under [subsection (2)](#GS60TF@Gs2@EN) that it is appropriate to amend a declaration of a major project so that the declaration also relates to an additional area of land, unless –
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> > > > (a) the advice is given after the end –
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> > > > > > (i) of the period in which a person may, under [section 60TD(3)](#GS60TD@Gs3@EN) , give the person’s opinion to the relevant advice body; and
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> > > > > > (ii) of the period in which a relevant regulator may, under [section 60TE(3)](#GS60TE@Gs3@EN) , provide the relevant regulator’s advice to the relevant advice body; and
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> > > > (b) the relevant advice body has considered –
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> > > > > > (i) each opinion given by a person under [section 60TD(3)](#GS60TD@Gs3@EN) ; and
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> > > > > > (ii) each relevant regulator’s advice provided under [section 60TE(3)](#GS60TE@Gs3@EN) .
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> > (7) The relevant advice body must not give advice under [subsection (2)](#GS60TF@Gs2@EN) that it is appropriate to amend a declaration of a major project in relation to a major project so that the declaration also relates to an additional area of land, if –
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> > > > (a) the notice of request under [section 60TE(1)](#GS60TE@Gs1@EN) in relation to the additional area of land specifies that the post-MPIS circumstances, or the post-exhibition circumstances, apply in relation to the additional area of land; and
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> > > > (b) a relevant regulator has, in the relevant regulator’s advice provided under [section 60TE(3)](#GS60TE@Gs3@EN) in relation to the additional area of land, advised that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant 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 wish to become a participating regulator in relation to the major project.