60ZZZApplication for significant amendment of major project permits

### 60ZZZ Application for significant amendment of major project permits > [*\[Section 60ZZZ Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020\]*](/view/html/inforce/2020-10-28/act-2020-021#GS12@EN) [*\[Section 60ZZZ Substituted by No. 33 of 2022, s. 31, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS31@EN) > > > (1)  In this section – > > > > > ***altered use or development***, in relation to a major project permit, means a use or development that – > > > > > > > > (a) is in addition to, or in substitution of, the uses and developments to which the major project permit relates; or > > > > > > > > > (b) is of a scale or character that is different from the uses and developments to which the major project permit relates; or > > > > > > > > > (c) may result in an increase in detriment to a person other than the proponent of the major project; > > > > > ***application*** means an application under [subsection (2)](#GS60ZZZ@Gs2@EN) ; > > > > > ***proposed significant amendment*** means a significant amendment that a person wishes to be made to a major project permit in accordance with [section 60ZZZAA](#GS60ZZZAA@EN) ; > > > > > ***significant amendment***, in relation to a major project permit, means an amendment of the permit, in accordance with [section 60ZZZAA](#GS60ZZZAA@EN) , that, if the amendment were made – > > > > > > > > (a) would have the effect that the permit would authorise an altered use or development under the permit as so amended; but > > > > > > > > > (b) would not have the effect that the major project to which the permit relates was no longer substantially the same major project as the major project to which the permit related before the amendment was made – > > > > > > and may relate to an additional area of land that is specified in an amendment to a declaration of a major project made under [section 60TG(2)](#GS60TG@Gs2@EN) . > > > (2)  A person who – > > > > > > (a) is a proponent of a major project to which a major project permit relates; or > > > > > > > (b) is an owner, occupier or lessee of land to which a major project permit relates – > > > > may make, to the relevant decision-maker, an application for a proposed significant amendment of a major project permit in relation to a major project. > > > (3)  An application for a proposed significant amendment of a major project permit in relation to a major project must – > > > > > > (a) specify the proposed significant amendment; and > > > > > > > (b) contain, in relation to each altered use or development to which the proposed significant amendment relates, the information specified in [section 60F](#GS60F@EN) as required to be included in a major project proposal; and > > > > > > > (c) be accompanied by the information, if any, that the relevant decision-maker requires. > > > (4)  A relevant decision-maker that receives an application must, within 7 days or a longer period allowed by the Minister, give to each relevant regulator – > > > > > > (a) a copy of the application; and > > > > > > > (b) a notice requesting the relevant regulator to give to the relevant decision-maker an amendment advice notice under [subsection (5)](#GS60ZZZ@Gs5@EN) in relation to the application. > > > (5)  A relevant regulator that receives a notice under [subsection (4)](#GS60ZZZ@Gs4@EN) in relation to an application must, within 14 days or a longer period allowed by the Minister, give to the relevant decision-maker an amendment advice notice in relation to the application. > > > (6)  An amendment advice notice, given by a relevant regulator under [subsection (5)](#GS60ZZZ@Gs5@EN) in relation to an application for a proposed significant amendment of a major project permit in relation to a major project, is a notice that contains – > > > > > > (a) if the relevant regulator is not a participating regulator in relation to the major project – advice as to whether or not the relevant regulator wishes to become a participating regulator in relation to the project if the relevant decision-maker were to determine under [section 60ZZZAA(2)(a)(ii)](#GS60ZZZAA@Gs2@Hpa@Hqii@EN) that [section 60ZZZAA(7)](#GS60ZZZAA@Gs7@EN) applies in relation to the application; and > > > > > > > (b) if the relevant regulator – > > > > > > > > > > (i) is a participating regulator in relation to the major project; or > > > > > > > > > > > (ii) gives advice under [paragraph (a)](#GS60ZZZ@Gs6@Hpa@EN) that the relevant regulator wishes to become a participating regulator in relation to the project if the relevant decision-maker were to determine under [section 60ZZZAA(2)(a)(ii)](#GS60ZZZAA@Gs2@Hpa@Hqii@EN) that [section 60ZZZAA(7)](#GS60ZZZAA@Gs7@EN) applies in relation to the application – > > > > > > > > advice as to whether the relevant regulator considers that the assessment criteria in relation to the major project require amendment in order for the relevant regulator to be able to appropriately assess, in accordance with this Division, the proposed significant amendment; and > > > > > > > (c) if the relevant regulator gives advice under [paragraph (b)](#GS60ZZZ@Gs6@Hpb@EN) – advice as to the opinion of the relevant regulator in relation to the application, including whether the regulator requests the relevant decision-maker – > > > > > > > > > > (i) to refuse under [section 60ZZZAA(2)](#GS60ZZZAA@Gs2@EN) the application; or > > > > > > > > > > > (ii) to refuse under [section 60ZZZAA(2)](#GS60ZZZAA@Gs2@EN) the application, unless the proposed significant amendment, if any, referred to in the application is modified in accordance with the requirements of the regulator that are set out in the advice. > > > (7)  If a relevant regulator has given to the relevant decision-maker, in relation to an application (the ***first application***), an amendment advice notice under [subsection (5)](#GS60ZZZ@Gs5@EN) containing advice referred to in [subsection (6)(c)(ii)](#GS60ZZZ@Gs6@Hpc@Hqii@EN)  – > > > > > > (a) the relevant decision-maker must – > > > > > > > > > > (i) notify the person who made the first application of the relevant regulator’s request; and > > > > > > > > > > > (ii) advise the person that the person may withdraw the first application; and > > > > > > > > > > > (iii) request the person to provide to the relevant decision-maker an application under [subsection (2)](#GS60ZZZ@Gs2@EN) that contains the proposed significant amendment, referred to in the first application, modified in accordance with the requirements of the regulator that are set out in the advice; and > > > > > > > (b) the person may withdraw the first application and, in accordance with the request under [paragraph (a)(iii)](#GS60ZZZ@Gs7@Hpa@Hqiii@EN) , make an application under [subsection (2)](#GS60ZZZ@Gs2@EN) that contains the proposed significant amendment, referred to in the first application, modified in accordance with the requirements of the regulator that are set out in the advice; and > > > > > > > (c) where an application is made in accordance with [paragraph (b)](#GS60ZZZ@Gs7@Hpb@EN) , the amendment advice notice under [subsection (5)](#GS60ZZZ@Gs5@EN) in relation to the first application is to be taken to be an amendment advice notice under [subsection (5)](#GS60ZZZ@Gs5@EN) in relation to the application made in accordance with [paragraph (b)](#GS60ZZZ@Gs7@Hpb@EN) , in so far as the amendment advice notice contains advice referred to in [subsection (6)(b)](#GS60ZZZ@Gs6@Hpb@EN) .