60ZZZABEnforcement certificates

60ZZZAB Enforcement certificates

[Section 60ZZZAB Inserted by No. 33 of 2022, s. 32, Applied:17 May 2023]

(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 ; or

(b) the Threatened Species Protection Act 1995 ; or

(c) the Nature Conservation Act 2002 .

(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;