95Designation of project area

95 Designation of project area

S. 95(1) amended by No. 93/2009 s. 43(6)(a).

S. 95(1)(a) substituted by No. 93/2009 s. 43(6)(b), amended by No. 7/2019 s. 44(3).

(a) the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies; or

S. 95(1)(b) substituted by No. 93/2009 s. 43(6)(b).

(b) the Planning Minister makes an approval decision in relation to a declared project.

S. 95(2) amended by No. 48/2024 s. 10(a)(i).

(2) The Planning Minister, by Order published in the Government Gazette, must designate—

S. 95(2)(a) substituted by No. 93/2009 s. 43(7), amended by Nos 7/2019 s. 44(3), 48/2024 s. 10(a)(ii).

(a) in the case where the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies—the area or areas of land for the declared project to which that declaration relates or the first part of that declared project;

S. 95(2)(b) amended by No. 48/2024 s. 10(a)(iii).

(b) in the case where the Minister has made an approval decision—the area of land for the declared project to which that decision relates.

S. 95(2A) inserted by No. 49/2013 s. 46(1).

(2A) A designation under this section may—

S. 95(2A)(a) amended by No. 48/2024 s. 10(b).

(a) specify an area or areas of land where associated works have been or will be carried out; and

S. 95(2A)(b) amended by No. 48/2024 s. 10(b).

(b) note whether the specified area or areas of land or any activity on that land has been subject to an approval decision under this Act or an applicable approval under an applicable law.

(3) The Planning Minister must not make a designation under this section unless—

S. 95(3)(a) substituted by No. 43/2021 s. 136(1)(a), amended by No. 48/2024 s. 10(c).

(a) the Planning Minister has received a plan that contains sufficient detail to identify the extent of the area or areas of land to be designated; and

S. 95(3)(b) substituted by No. 49/2013 s. 46(2), amended by Nos 7/2019 s. 44(3), 43/2021 s. 136(1)(b), 48/2024 s. 10(d).

(b) in the case where the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies—the Planning Minister is satisfied that—

S. 95(3)(b)(i) inserted by No. 48/2024 s. 10(d).

(i) the declared project is not prohibited by or under an applicable planning scheme; or

S. 95(3)(b)(ii) inserted by No. 48/2024 s. 10(d).

(ii) if the designation is in relation to the first part of the declared project, that part of the declared project is not prohibited by or under an applicable planning scheme.