Land Use Planning and Approvals Act 1993

For the purposes of this Division, there are grounds to amend a declaration of a major project to which a request under section 60TC(1) relates so that the declaration also relates to an additional area of land, if – the pre-assessment criteria circumstances apply in relation to the additional area of land; or the pre-MPIS circumstances apply in relation to the additional area of land; or the post-MPIS circumstances apply in relation to the additional area of land; or the post-exhibition circumstances apply in relation to the additional area of land; or the permit amendment circumstances apply in relation to the additional area of land.

For the purposes of this Division, the pre-assessment criteria circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates, if – the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and draft assessment criteria have not been prepared under section 60ZK(1) in relation to the major project.

For the purposes of this Division, the pre-MPIS circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates, if – the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and either – draft assessment criteria have been prepared under section 60ZK(1) in relation to the major project; or assessment criteria have been determined under section 60ZM(1) in relation to the major project; and the major project impact statement in relation to the major project has not been provided to the Panel under section 60ZS.

For the purposes of this Division, the post-MPIS circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates if – the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and the major project impact statement in relation to the major project has been provided to the Panel under section 60ZS; and the public exhibition under Subdivision 12 in relation to the major project has not commenced.

For the purposes of this Division, the post-exhibition circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates, if – the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and there is no major project permit in relation to the major project; and either – a representation made under section 60ZZD(1), or at a hearing under section 60ZZE, in relation to the major project, or information provided by the proponent at a hearing under section 60ZZE in relation to the major project – suggests that it is necessary or desirable for the additional land to form part of the area of land to which the declaration of a major project relates.

For the purposes of this Division, the permit amendment circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates, if – the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and the request under section 60TC(1) is accompanied, in accordance with section 60TC(3)(f), by an application that relates to a proposed amendment, or a proposed significant amendment, of a major project permit, that relates to the additional area of land; and the proposed amendment, or proposed significant amendment, to the major project permit is sought by the proponent because the proponent is of the opinion that an alteration to – the uses or developments to which the major project permit relates; or the design of the major project – is necessary or desirable to fulfil one or more of the purposes of the major project.