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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60G Minister may request proponent to provide amended major project proposal

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60G

Minister may request proponent to provide amended major project proposal

(1)  The Minister, by notice to a proponent of a project, may request the proponent to provide to the Minister, within the period specified in the notice, the proponent's major project proposal, as provided to the Minister under section 60E , amended so as to incorporate the information specified in the notice as being required to be so incorporated.
(2)  Information may only be requested under subsection (1) to be incorporated in a major project proposal –
(a) before the Minister makes a declaration of a major project under section 60O(1) ; and
(b) if it is reasonably necessary to enable the Minister to determine whether or not to make a declaration of a major project.
(3)  A proponent to whom a notice is given under subsection (1) is to take all reasonable steps to provide to the Minister, within the period specified in the notice, the proponent's major project proposal, amended so as to incorporate the information specified in the notice.
(4)  If –
(a) a copy of the major project proposal in relation to a proposed major project, amended so as to incorporate the information specified in a notice under subsection (1) , is not provided to the Minister within the period specified in the notice; and
(b) the proposal for a declaration in relation to the project was made by the proponent under section 60C(1)  –
the proposal is taken to be withdrawn by the proponent under section 60C(5) .
(5)  Subsection (6) applies in relation to a major project proposal if –
(a) a copy of the major project proposal in relation to a proposed major project, amended so as to incorporate the information specified in a notice under subsection (1) , is not provided to the Minister within the period specified in the notice; and
(b) the proposal for a declaration in relation to the project was made by the Minister or a planning authority under section 60C(1) or (2) .
(6)  If this subsection applies in relation to a major project proposal –
(a) the proposal is taken to be withdrawn by the Minister under section 60C(6) ; and
(b) an application for a permit in relation to a use or development may not, except with the approval of the Minister, be made by any person within the 2-year period after the day on which the notice under subsection (1) was given, if the use or development –
(i) is the same as, or substantially the same as, a use or development to which the project relates or related; and
(ii) would be carried out on all or part of the area of land to which the project relates or related.