Land Use Planning and Approvals Act 1993

The Minister, within 7 days after a proposal for a declaration is made, must notify of the proposal for a declaration – the proponent, if the proponent did not make under section 60C(1) the proposal for a declaration; and each owner of all or part of the land to which the proposal for a declaration relates, if the owner is not the proponent of the project to which the proposal relates; and the owners of, the occupiers of, and the lessees of, any part of land adjoining the land on which the project is to be situated; and the council that is the relevant planning authority in relation to the project to which the proposal relates, if the relevant planning authority did not make under section 60C(1) the proposal for a declaration; and each council that is not a relevant planning authority in relation to the project to which the proposal relates but that is the council for a municipal area that is in the regional area, or regional areas, in which the project is to be situated; and each relevant State entity that the Minister considers may have an interest in the proposal for a declaration; and the Commission; and any other person, or class of persons, that is prescribed.

If the Minister is satisfied that the Minister will not be issuing a notice, or another notice, under section 60G(1) in relation to a project, the Minister must provide a copy, of the major project proposal, in relation to the project, that is last provided to the Minister under section 60E(1), section 60E(3) or section 60G(3), to – each owner of all or part of the land to which the proposal for a declaration relates, if the owner is not the proponent of the project to which the proposal relates; and the owners of, the occupiers of, and the lessees of, any part of land adjoining the land on which the project is to be situated; and the council that is the relevant planning authority in relation to the project; and each relevant State entity that the Minister considers may have an interest in the proposal.

A council or a relevant State entity that is provided under this section with a major project proposal in relation to a project may, within 28 days, by notice in writing to the Minister, advise the Minister as to – whether the council or relevant State entity considers that the Minister ought not to be of the opinion that the project is eligible to be declared to be a major project; and the reasons why the council or relevant State entity is of that opinion.

A person who – is an owner, occupier or lessee of any part of the land to which the proposal for a declaration relates or an owner, occupier or lessee of any part of land adjoining the land on which a project to which such a declaration relates is to be situated; and is provided under this section with a major project proposal in relation to the project – may, within 28 days, by notice in writing to the Minister, advise the Minister why he or she does not wish the project to be declared to be a major project.

If the Minister is satisfied that the Minister will not be issuing a notice, or another notice, under section 60G(1) in relation to a project, the Minister must notify the proponent that the Minister is not intending that the major project proposal, in relation to the project, that is last provided to the Minister under section 60E(1), section 60E(3) or section 60G(3) is to be required to be further altered.

A proponent of a project, to which a proposal for a declaration relates, who did not make the proposal for a declaration, may, by notice in writing to the Minister given within 28 days after being notified under subsection (5), advise the Minister why the proponent does not wish the project to be declared to be a major project.