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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZA Relevant regulator to give notice of assessment, no assessment, or recommending revocation

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZA

Relevant regulator to give notice of assessment, no assessment, or recommending revocation

(1)  A relevant regulator in relation to a major project must, before the end of the 28-day period after the major project is referred to the regulator under section 60Y(1)(a) or a longer period allowed by the Minister, give to the Panel and the Commission –
(a) a notice of no assessment requirements in relation to the major project; or
(b) an assessment requirement notice in relation to the major project; or
(c) a notice recommending revocation.
(2)  A relevant regulator is only to give a notice under subsection (1) after considering the major project proposal, and any further information, in relation to the major project, that are provided to the relevant regulator under section 60Y .
(3)  For the purposes of this Act, a notice of no assessment requirements in relation to a major project is a notice specifying that the relevant regulator giving the notice does not require any matters to be included in the assessment criteria, in relation to the major project, as matters which the major project impact statement is required to address.
(4)  A relevant regulator that is the EPA Board may not give to the Panel and the Commission a notice of no assessment requirements in relation to a project if the project is a bilateral agreement project.
(5)  For the purposes of this Act, an assessment requirement notice in relation to a major project is a notice specifying –
(a) the matters that the relevant regulator requires to be contained in the assessment criteria in relation to the project, as matters which the major project impact statement is required to address; and
(b) the reasons why the relevant regulator has specified in the notice the matters referred to in paragraph (a) .
(6)  A relevant regulator may only specify, in an assessment requirement notice under subsection (1)(b) in relation to a major project, a matter referred to in subsection (5)(a) if the matter would be relevant to the decision of the relevant regulator as to the contents of the regulator’s final advice that it would give under section 60ZZF(1) in relation to the major project.
(7)  For the purposes of this Act, a notice recommending revocation is a notice that specifies –
(a) that the relevant regulator requests the Panel to recommend to the Minister that the Minister revoke the declaration of the major project; and
(b) the reasons for that request.
(8)  A relevant regulator may only give a notice recommending revocation under subsection (1)(c) if –
(a) the relevant regulator is of the opinion, having regard to the information that is available to it before receiving the major project impact statement in relation to the project, that there is no reasonable prospect that the relevant regulator will not request the Panel, in the regulator’s final advice under section 60ZZF(1) , to refuse to grant a major project permit in relation to the major project; and
(b) the relevant regulator specifies in the notice recommending revocation the reasons why the relevant regulator is likely to so request the Panel.
(9)  If a relevant regulator, other than the EPA Board, fails to give a notice under subsection (1) in relation to a major project within the period in which such a notice is required under that subsection to be given to the Panel, the relevant regulator is to be taken to have given a notice of no assessment requirements in relation to the major project.
(10)  The Commission may, after 21 days and before 25 days, after the major project is referred to a relevant regulator under section 60Y(1)(a) , send a notice to the relevant regulator advising the relevant regulator of the requirements of this section.