96Variations to project area

96 Variations to project area

(1) A project authority for an approved project may request the Planning Minister to vary the project area for the approved project by doing either or both of the following—

S. 96(1)(a) amended by No. 48/2024 s. 11(1)(a).

(a) increasing the project area by designating an area or areas of land to be part of the project area;

S. 96(1)(b) amended by No. 48/2024 s. 11(1)(b).

(b) designating an area or areas of land as not being part of the project area.

(2) A request under subsection (1) must—

(a) set out the variation being requested; and

(b) be in writing.

(3) On receiving a request under subsection (1), the Planning Minister, by Order published in the Government Gazette, may vary the project area by doing either or both of the following—

S. 96(3)(a) amended by No. 48/2024 s. 11(1)(a).

(a) increasing the project area by designating an area or areas of land to be part of the project area;

S. 96(3)(b) amended by No. 48/2024 s. 11(1)(b).

(b) designating an area or areas of land as not being part of the project area.

S. 96(4) substituted by Nos 43/2021 s. 137, 48/2024 s. 11(2).

(4) The Planning Minister must not make a designation under subsection (3) unless—

(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

(b) if the request is for the purposes of designating an area or areas of land for a subsequent part of a declared project to which this Act (other than Parts 3 and 8) applies, the Planning Minister is satisfied that the subsequent part of the declared project to which the request relates is not prohibited by or under an applicable planning scheme.

S. 96(4A) inserted by No. 48/2024 s. 11(2).

(4A) A designation of an area or areas of land for a subsequent part of a declared project to which this Act (other than Parts 3 and 8) applies may—

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

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

(5) An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that later day.

S. 96(6) inserted by No. 48/2024 s. 11(3).

(6) For the purposes of subsection (4)(b), the subsequent part of the declared project is not prohibited by or under a planning scheme if—