60ZZZAADetermination as to whether, and the manner in which, proposed significant amendment may be assessed

### 60ZZZAA Determination as to whether, and the manner in which, proposed significant amendment may be assessed > [*\[Section 60ZZZAA Inserted by No. 33 of 2022, s. 31, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS31@EN) > > > (1)  In this section – > > > > > ***altered use or development*** has the same meaning as in [section 60ZZZ](#GS60ZZZ@EN) ; > > > > > ***amendment advice notice*** means an amendment advice notice received under [section 60ZZZ(5)](#GS60ZZZ@Gs5@EN) by the relevant decision-maker; > > > > > ***application*** has the same meaning as in [section 60ZZZ](#GS60ZZZ@EN) ; > > > > > ***proposed significant amendment*** has the same meaning as in [section 60ZZZ](#GS60ZZZ@EN) ; > > > > > ***significant amendment*** has the same meaning as in [section 60ZZZ](#GS60ZZZ@EN) . > > > (2)  The relevant decision-maker, within 14 days after the day on which the period specified in [section 60ZZZ(5)](#GS60ZZZ@Gs5@EN) ends or a longer period allowed by the Minister, must, after considering each amendment advice notice in relation to an application – > > > > > > (a) determine that – > > > > > > > > > > (i) [subsection (6)](#GS60ZZZAA@Gs6@EN) applies in relation to the application; or > > > > > > > > > > > (ii) [subsection (7)](#GS60ZZZAA@Gs7@EN) applies in relation to the application; or > > > > > > > (b) determine that the application does not relate to a significant amendment and refuse the application accordingly; or > > > > > > > (c) refuse the application. > > > (3)  The relevant decision-maker must not determine under [subsection (2)](#GS60ZZZAA@Gs2@EN) that [subsection (7)](#GS60ZZZAA@Gs7@EN) applies in relation to an application unless each amendment advice notice given to the relevant decision-maker by a relevant regulator advises that, in the opinion of the relevant regulator, the assessment criteria do not require amendment in order for the relevant regulator to be able to appropriately assess in accordance with this Division the proposed significant amendment contained in the application. > > > (4)  The relevant decision-maker must, under [subsection (2)](#GS60ZZZAA@Gs2@EN) , refuse an application, if – > > > > > > (a) a relevant regulator has, in an amendment advice notice in relation to the application, requested, in accordance with [section 60ZZZ(6)(c)(i)](#GS60ZZZ@Gs6@Hpc@Hqi@EN) , the relevant decision-maker to do so; or > > > > > > > (b) where a relevant regulator has, in an amendment advice notice in relation to the application, made a request in accordance with [section 60ZZZ(6)(c)(ii)](#GS60ZZZ@Gs6@Hpc@Hqii@EN) – the application is not an application made in accordance with [section 60ZZZ(7)(b)](#GS60ZZZ@Gs7@Hpb@EN) . > > > (5)  The relevant decision-maker must, within 7 days after making a determination under [subsection (2)](#GS60ZZZAA@Gs2@EN) in relation to an application that relates to a major project permit, give to the following persons a notice setting out the terms and effect of the determination: > > > > > > (a) the person who made the application; > > > > > > > (b) the proponent of the major project to which the determination relates, if the proponent was not the person who made the application; > > > > > > > (c) each owner, occupier or lessee of land to which the major project permit relates; > > > > > > > (d) the council that is a relevant planning authority in relation to the project to which the major project permit relates. > > > (6)  If the relevant decision-maker determines under [subsection (2)](#GS60ZZZAA@Gs2@EN) that this subsection applies in relation to an application, this Division applies in relation to each altered use or development to which the application relates as if – > > > > > > (a) that altered use or development contained in the application constituted the major project for the purposes of this Division; and > > > > > > > (b) so much of the application for the proposed significant amendment as contains the information referred to in [section 60ZZZ(3)(b)](#GS60ZZZ@Gs3@Hpb@EN) were a major project proposal in relation to the major project; and > > > > > > > (c) the major project had just been declared under [section 60O](#GS60O@EN) to be a major project; and > > > > > > > (d) references in this Division to a major project permit were a reference to a significant amendment that authorises the altered use or development. > > > (7)  If the relevant decision-maker determines under [subsection (2)](#GS60ZZZAA@Gs2@EN) that this subsection applies in relation to an application – > > > > > > (a) the proponent of the major project is to provide to the Panel the major project impact statement previously provided under [section 60ZS(1)](#GS60ZS@Gs1@EN) in relation to the major project to which the application relates, together with an addendum to the statement that addresses the matters that are set out in the assessment criteria in relation to the major project as matters that are required to be addressed in the major project impact statement; and > > > > > > > (b) this Division applies in relation to each altered use or development to which the application relates as if – > > > > > > > > > > (i) the altered use or development contained in the application constituted the major project for the purposes of this Division; and > > > > > > > > > > > (ii) so much of the application for the proposed significant amendment as contains the information referred to in [section 60ZZZ(3)(b)](#GS60ZZZ@Gs3@Hpb@EN) were a major project proposal in relation to the major project; and > > > > > > > > > > > (iii) references in this Division to a major project permit were a reference to a significant amendment that authorises the altered use or development; and > > > > > > > > > > > (iv) the major project impact statement provided under [paragraph (a)](#GS60ZZZAA@Gs7@Hpa@EN) had been provided under [section 60ZS(1)](#GS60ZS@Gs1@EN) in relation to the major project as constituted, in accordance with this subsection, by the altered use or development; and > > > > > > > > > > > (v) so much of the procedure set out in this Division as applies in relation to a major project after a major project impact statement is provided in relation to the major project under [section 60ZS(1)](#GS60ZS@Gs1@EN) applies in relation to the major project as constituted, in accordance with this subsection, by the altered use or development; and > > > > > > > (c) if a relevant regulator has, in accordance with [section 60ZZZ(6)(a)](#GS60ZZZ@Gs6@Hpa@EN) , in a relevant amendment advice, specified that the relevant regulator wishes to become a participating regulator in relation to the project if the relevant decision-maker were to make a decision that this subsection applies – the relevant regulator becomes a participating regulator in relation to the major project. > > > (8)  If the relevant decision-maker determines under [subsection (2)](#GS60ZZZAA@Gs2@EN) that [subsection (7)](#GS60ZZZAA@Gs7@EN) applies in relation to an application in relation to an altered use or development, the provisions of this Division are, subject to [subsection (9)](#GS60ZZZAA@Gs9@EN) , taken to be modified in relation to the altered use or development as if – > > > > > > (a) the reference in [section 60ZV(1)](#GS60ZV@Gs1@EN) to 21 days were a reference to 14 days; and > > > > > > > (b) the reference in [section 60ZW(2)](#GS60ZW@Gs2@EN) to 42 days were a reference to 21 days; and > > > > > > > (c) the reference in [section 60ZY(3)(b)](#GS60ZY@Gs3@Hpb@EN) to 42 days were a reference to 28 days; and > > > > > > > (d) the reference in [section 60ZZB(5)(b)](#GS60ZZB@Gs5@Hpb@EN) to 28 days were a reference to 14 days; and > > > > > > > (e) the reference in [section 60ZZF(1)](#GS60ZZF@Gs1@EN) to a 42-day period were a reference to a 14-day period; and > > > > > > > (f) the reference in [section 60ZZM(1)](#GS60ZZM@Gs1@EN) to 90 days were a reference to 49 days. > > > (9)  A paragraph of [subsection (8)](#GS60ZZZAA@Gs8@EN) does not apply in relation to an application if the paragraph is specified in advice given by a relevant regulator in accordance with [section 60TE(8)](#GS60TE@Gs8@EN) .