60ZZZABEnforcement certificates

### 60ZZZAB Enforcement certificates > [*\[Section 60ZZZAB Inserted by No. 33 of 2022, s. 32, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS32@EN) > > > (1)  The Commission may issue an enforcement certificate in relation to all or part of the land to which a major project permit relates. > > > (2)  The Commission must not issue an enforcement certificate in relation to all or part of the land to which a major project permit relates that applies to a condition or restriction, of the major project permit in relation to the land, that was included in the final advice of a relevant regulator who is a person who has functions under – > > > > > > (a) the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-1975-081) ; or > > > > > > > (b) the [Threatened Species Protection Act 1995](/view/html/inforce/2026-04-12/act-1995-083) ; or > > > > > > > (c) the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) . > > > (3)  If the Commission issues an enforcement certificate in relation to all or part of the land to which a major project permit relates, the Commission must give a copy of the enforcement certificate to – > > > > > > (a) each landowner of the land to which the enforcement certificate relates; and > > > > > > > (b) the planning authority in relation to the land to which the major project permit relates; and > > > > > > > (c) each relevant regulator. > > > (4)  An enforcement certificate in relation to land to which a major project permit relates is to specify one or more of the following: > > > > > > (a) that the planning authority is to be responsible for the enforcement of this Act in respect of each condition or restriction of the major project permit in relation to the land; > > > > > > > (b) that the planning authority is to be responsible for the enforcement of this Act, in relation to a part of the land that is specified in the certificate, in respect of each condition or restriction of the major project permit in relation to the land; > > > > > > > (c) that the planning authority is to be responsible for the enforcement of this Act in respect of each condition or restriction, of the major project permit in relation to the land, that relates to a use, of the land, that is specified in the certificate; > > > > > > > (d) that the planning authority is to be responsible for the enforcement of this Act, in relation to a part of the land that is specified in the certificate, in respect of each condition or restriction, of the major project permit in relation to the land, that relates to a use, of the land, that is specified in the certificate. > > > (5)  The Commission may only issue an enforcement certificate in relation to land, or a part of land, to which a major project permit relates if the Commission is satisfied that – > > > > > > (a) where the certificate specifies a matter referred to in [subsection (4)(a)](#GS60ZZZAB@Gs4@Hpa@EN) – all development under the permit has been completed or no further such development is intended to occur under a major project permit; or > > > > > > > (b) where the certificate specifies a matter referred to in [subsection (4)(b)](#GS60ZZZAB@Gs4@Hpb@EN) in relation to a part of land – all development, under the permit, in relation to the part of the land has been completed or no further such development is intended to occur, on the part of the land, under a major project permit; or > > > > > > > (c) where the certificate specifies a matter referred to in [subsection (4)(c)](#GS60ZZZAB@Gs4@Hpc@EN) in relation to a use – all development, under the permit, that was necessary for the use to be carried out has been completed or no further such development is intended to occur under a major project permit; or > > > > > > > (d) where the certificate specifies a matter referred to in [subsection (4)(d)](#GS60ZZZAB@Gs4@Hpd@EN) in relation to a part of land and a use – all development, under the permit, that has been carried out on the part of the land and that was necessary for the use to which the certificate relates to be carried out has been completed or no further such development is intended to occur under a major project permit in relation to the part of the land. > > > (6)  If an enforcement certificate in relation to land to which a major project permit relates – > > > > > > (a) specifies a matter referred to in [subsection (4)(a)](#GS60ZZZAB@Gs4@Hpa@EN) – [sections 60ZZZD](#GS60ZZZD@EN) and [60ZZZF](#GS60ZZZF@EN) cease to apply in relation to the land; or > > > > > > > (b) specifies a matter referred to in [subsection (4)(b)](#GS60ZZZAB@Gs4@Hpb@EN) in relation to a part of the land – [sections 60ZZZD](#GS60ZZZD@EN) and [60ZZZF](#GS60ZZZF@EN) cease to apply in relation to the part of the land; or > > > > > > > (c) specifies a matter referred to in [subsection (4)(c)](#GS60ZZZAB@Gs4@Hpc@EN) in relation to a use that is specified in the certificate – [sections 60ZZZD](#GS60ZZZD@EN) and [60ZZZF](#GS60ZZZF@EN) cease to apply in relation to the use on that land; or > > > > > > > (d) specifies a matter referred to in [subsection (4)(d)](#GS60ZZZAB@Gs4@Hpd@EN) in relation to a part of the land, and to a use, that are specified in the certificate – [sections 60ZZZD](#GS60ZZZD@EN) and [60ZZZF](#GS60ZZZF@EN) cease to apply in relation to the use on that part of the land. > > > (7)  The Commission may only issue an enforcement certificate, in relation to land to which the major project permit relates, that – > > > > > > (a) specifies a matter referred to in [subsection (4)(a)](#GS60ZZZAB@Gs4@Hpa@EN) – if each relevant regulator, who included in the final advice of the relevant regulator a condition or restriction of the major project permit, has agreed to the issue of the enforcement certificate; or > > > > > > > (b) specifies a matter referred to in [subsection (4)(b)](#GS60ZZZAB@Gs4@Hpb@EN) in relation to a part of the land – if each relevant regulator, who included in the final advice of the relevant regulator a condition or restriction, of the major project permit, that applies in relation to the part of the land, has agreed to the issue of the enforcement certificate; or > > > > > > > (c) specifies a matter referred to in [subsection (4)(c)](#GS60ZZZAB@Gs4@Hpc@EN) in relation to a use – if each relevant regulator, who included in the final advice of the relevant regulator a condition or restriction, of the major project permit, that applies in relation to the use, has agreed to the issue of the enforcement certificate; or > > > > > > > (d) specifies a matter referred to in [subsection (4)(d)](#GS60ZZZAB@Gs4@Hpd@EN) in relation to a part of land and a use – if each relevant regulator, who included in the final advice of the relevant regulator a condition or restriction, of the major project permit, that applies in relation to the part of the land and to the use, has agreed to the issue of the enforcement certificate.