Land Use Planning and Approvals Act 1993

In this section – applicable use or development means a use or development that is part of a project to which a proposal for a declaration relates; decision-maker, in relation to an application under a project-associated Act for a project-related permit, means the person to whom the application is made under that Act; referral means any of the following:the giving to the Heritage Council, under section 36(2) of the Historic Cultural Heritage Act 1995, of a copy of a permit application, within the meaning of section 32 of that Act, if the permit application relates to an applicable use or development; the referral, to the EPA Board under Part 3 of the EMPC Act, of an application for a permit under this Act, if the application relates to an applicable use or development; the giving under section 56O(1) of the Water and Sewerage Industry Act 2008 of notice of an application that relates to an applicable use or development; the referral to a pipeline licensee under section 51 of the Gas Industry Act 2019 of notice of an application that relates to an applicable use or development; referred entity means – the EPA Board; and the Heritage Council; and a pipeline licensee; and a relevant regulated entity; relevant time, in relation to – an application for an ordinary permit that is made in respect of all or part of the land to which a proposal for a declaration in relation to a project relates – means the day on which the relevant planning authority – makes under section 60C(1) the proposal for a declaration in relation to the project; or is notified under section 60I(1) of the proposal for a declaration in relation to the project; or is requested in a notice under section 60H(1) to provide information in relation to the project – whichever day is earlier; or an application under a project-associated Act for a project-related permit that is made in respect of all or part of the land to which a proposal for a declaration relates – means the day on which the major project to which the application relates is referred to the relevant regulator under section 60Y(1)(a).

Subsection (3) applies to an application for an ordinary permit or an application under a project-associated Act for a project-related permit (other than such an application to which section 60ZT(2) applies), if the application relates to all or part of the land to which a proposal for a declaration relates and the application has been – made to a planning authority, or the decision-maker, respectively, before the relevant time in relation to the application but has not been determined by the planning authority, or the decision-maker, respectively, before the relevant time; or made after the relevant time and before a declaration is made under section 60O or the proposal for a declaration is withdrawn, or taken to be withdrawn, under section 60C(5) or (6).

If this subsection applies to an application for an ordinary permit or an application under a project-associated Act for a project-related permit – the planning authority, or the decision-maker, to which the application is made must not determine the application; and the planning authority, or the decision-maker, to which the application is made must not make a referral in relation to the application; and any referred entity to which a referral in relation to the application has been made must cease to take any action that, but for this section, the referred entity would be required to take because of the referral.

Subsection (3) ceases to apply in relation to an application, or a referral, in respect of all or part of the land to which a proposal for a declaration in relation to a project relates, when – a declaration is made under section 60O(1)(b) that the project is not to be a major project; or the proposal for a declaration is withdrawn, or taken to have been withdrawn, under section 60C(5) or (6).

A determination of – an application for an ordinary permit to which subsection (3) applies; or an application under a project-associated Act for a project-related permit to which subsection (3) applies – is void if it is made, in contravention of that subsection, while that subsection applies to the application.

If – subsection (3) applied to an application for an ordinary permit, or an application under a project-associated Act for a project-related permit, in relation to a project; and that subsection ceases to apply to the application on a day (the re-start day) – the application, and any referral in relation to the application, is to be taken, for the purposes of the calculation of the number of days, after the application or referral is made, in which an action is required under this Act or a project-associated Act to be taken because the application or referral is made, to have been made on the re-start day.