Land Use Planning and Approvals Act 1993

Subject to section 60N, a project is eligible to be declared to be a major project under section 60O if, in the opinion of the Minister, the project has 2 or more of the following attributes:the project will have a significant impact on, or make a significant contribution to, a region’s economy, environment or social fabric; the project is of strategic importance to a region; the project is of significant scale and complexity.

For the purposes of subsection (1)(c), in determining whether the project is of significant scale and complexity, the Minister is to consider – the following matters:the number of municipal areas that will be affected by the project or that contain land on which all or part of the project may be situated; whether 2 or more project-related permits would be required to be obtained in order for the project to proceed; the technical requirements of the project; and whether the activities that are proposed to be carried out on the land after the construction phase of the project is completed are of interest to, or for the benefit of, a wider sector of the public than resides in the municipal area, or municipal areas, in which the project is to be situated.

The Minister may not form an opinion in relation to a project under subsection (1) until he or she has considered the advice, if any, provided under section 60I(3) in relation to the project.

A project that is to be situated on an area of land may be declared to be a major project even though a use or development that is proposed to form part of the project is prohibited under a relevant planning scheme.