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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZZZD Enforcement of compliance with conditions

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 60ZZZD

Enforcement of compliance with conditions

(1)  If –
(a) a major project permit is in force in relation to a major project; and
(b) an activity is carried out in relation to the major project that, if the major project were not a major project, would be an activity in relation to which a project-related permit would be required under a project-associated Act; and
(c) the major project permit authorises the carrying out of the activity –
the major project permit is, for the purposes of that Act, to be taken to be a project-related permit, issued under that Act, authorising the activity subject to any relevant conditions or restrictions in relation to the project-associated Act.
(2)  For the purposes of subsection (1) , a condition or restriction is a relevant condition or restriction in relation to a project-associated Act if the condition or restriction that is imposed on the major project permit was a condition or restriction included in the final advice of a relevant regulator who is a person who has functions under that Act.
(3)  Nothing in subsection (1) is to be taken to have the effect that a major project permit to which that subsection applies ceases to be a major project permit for the purposes of this Act.
(4)  If a major project permit is to be taken under subsection (1) to be a project-related permit issued under a project-associated Act –
(a) the project-related permit remains, despite any provision of that Act, in force until the major project permit ceases to be in effect under this Act; and
(b) subject to paragraph (c) , the relevant regulator, who included in a final advice a condition or restriction that is imposed on the major project permit, has the responsibility for enforcing, under the relevant project-associated Act, compliance with that condition or restriction, as a condition or restriction imposed on the project-related permit; and
(c) the project-related permit may not be cancelled under that Act.
(5)  Subsection (1) does not apply in relation to the following project-associated Acts:
(a) the EMPC Act;
(b) the Historic Cultural Heritage Act 1995 ;
(c) the Water and Sewerage Industry Act 2008 ;
(d) the Gas Industry Act 2019 .