Land Use Planning and Approvals Act 1993

In this section – preliminary study activity means an activity for the purposes of a preliminary study that is specified in a statement included, in accordance with section 60F(1A), in the major project proposal in relation to the major project.

A proponent of a major project may request the Commission to authorise under subsection (3) a preliminary study activity that is not permitted under a planning scheme unless there is a permit in relation to the activity.

The Commission may, within 21 days after receiving from a proponent of a major project a request under subsection (2) in relation to a preliminary study activity, authorise, on the conditions or restrictions that the Commission thinks fit, all or part of the activity to be carried out on land to which the major project relates.

A proponent of a major project may request a person or body, to whom an application for a project-related permit may be made under an Act, to issue to the proponent a project-related permit, authorising the carrying out of all or part of a preliminary study activity specified in the request.

A person or body to whom an application for a project-related permit may be made under an Act, must, within 21 days after receiving from a proponent of a major project a request under subsection (4) in relation to a preliminary study activity – issue to the proponent a project-related permit under subsection (6); or refuse to issue to the proponent a project-related permit under subsection (6) and give notice, in writing, to the proponent, specifying – that the person or body has refused to issue a project-related permit; and the reasons why the person or body has refused to issue a project-related permit.

A person or body to whom an application for a project-related permit may be made under an Act, may, on receiving from a proponent of a major project a request under subsection (4) in relation to a preliminary study activity, issue to the proponent a project-related permit, authorising the carrying out of all or part of an activity specified in the request, as if – the proponent had made under that Act a valid application for the permit; and the permit may, under that Act, be issued, in respect of the activity, to the proponent.

A project-related permit may be issued in accordance with subsection (6) subject to the conditions or restrictions that may be imposed on the permit under the relevant project-associated Act.

An authorisation under subsection (3), and a project-related permit issued in accordance with subsection (6), in respect of an activity in relation to a major project, ceases to be in force on whichever of the following days occurs first:the day on which the declaration of a major project in relation to the major project is revoked under section 60U; the day on which a major project permit is granted under section 60ZZM(1)(a) in relation to the major project, or, if the project-related permit relates to a matter that is required to be addressed in a major project impact statement that relates to a proposed amendment to a major project permit, after the amendment has been granted or refused; the day on which the proponent is notified under section 60ZZM(1)(b) that the Panel has refused to grant a major project permit in relation to the major project.