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Land Use Planning and Approvals Act 1993
60TGAmendment of declaration of a major project to include additional area of land
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### 60TG Amendment of declaration of a major project to include additional area of land
> [*\[Section 60TG Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS14@EN)
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> > (1) The Minister must, within 14 days after receiving under [section 60TF(2)](#GS60TF@Gs2@EN) advice in relation to a major project –
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> > > > (a) amend under [subsection (2)](#GS60TG@Gs2@EN) the declaration of a major project, to which the advice relates, so that the declaration also relates to an additional area of land to which the advice relates; or
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> > > > (b) refuse to amend under [subsection (2)](#GS60TG@Gs2@EN) the declaration of a major project to which the advice relates and notify the relevant advice body and the proponent of that decision.
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> > (2) The Minister, by notice in the *Gazette*, may amend a declaration of a major project so that the declaration also relates to an additional area of land.
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> > (3) The Minister may amend a declaration of a major project under [subsection (2)](#GS60TG@Gs2@EN) so that the declaration also relates to an additional area of land, whether or not the additional area of land adjoins the area of land to which the declaration of a major project relates.
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> > (4) An amendment of a declaration of a major project under [subsection (2)](#GS60TG@Gs2@EN) that relates to an additional area of land may contain the amendments to the declaration that are necessary to ensure that the declaration –
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> > > > (a) also relates to the additional area of land; and
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> > > > (b) specifies the proposed uses or developments that are proposed to occur on the additional land (including any such use or development that may only occur if a major project permit is amended); and
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> > > > (c) indicates generally the areas, on the additional area of land, on which proposed uses or developments in relation to the major project are proposed to occur.
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> > (5) The Minister must not amend a declaration of a major project under [subsection (2)](#GS60TG@Gs2@EN) so that the declaration also relates to an additional area of land unless –
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> > > > (a) the Minister has received under [section 60TF(2)](#GS60TF@Gs2@EN) advice from the relevant advice body in relation to the additional area of land; and
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> > > > (b) the Minister is satisfied that there are, under [section 60TB](#GS60TB@EN) , grounds to amend the declaration of a major project so that the declaration also relates to the additional area of land.
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> > (6) The Minister must not amend a declaration of a major project under [subsection (2)](#GS60TG@Gs2@EN) so that the declaration also relates to an additional area of land, if the Minister is of the opinion that, were the 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) , not be eligible to be declared to be a major project.
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> > (7) The Minister must not amend a declaration of a major project under [subsection (2)](#GS60TG@Gs2@EN) so that the declaration also relates to an additional area of land, except –
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> > > > (a) if all or part of the additional area of land is Crown land, within the meaning of the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) – with the consent of the Minister to whom the administration of that Act is assigned; or
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> > > > (b) if all or part of the additional area of land is land owned by a council – with the consent of the council; or
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> > > > (c) if all or part of the additional area of land is situated in Wellington Park – with the consent of the Wellington Park Management Trust.
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> > (8) The Minister must not amend a declaration of a major project under [subsection (2)](#GS60TG@Gs2@EN) so that the declaration also relates to an additional area of land unless –
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> > > > (a) where all or part of the additional area of land is land of which the proponent is not the owner – the owner, or owners, of the land; and
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> > > > (b) where all or part of the additional area of land is land that is not owned by a council but is occupied or administered by a council – the council –
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> > have been given notice in writing of the proposal to amend a declaration of a major project under [subsection (2)](#GS60TG@Gs2@EN) so that the declaration also relates to the additional area of land.
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> > (9) If –
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> > > > (a) the Minister has amended a declaration of a major project under [subsection (2)](#GS60TG@Gs2@EN) so that the declaration also relates to an additional area of land; and
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> > > > (b) the Minister is satisfied that the additional area of land is no longer required for the purposes for which the amendment of the declaration of a major project was sought –
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> > the Minister may amend the declaration of a major project so that the declaration of a major project no longer relates to the additional area of land.