Land Use Planning and Approvals Act 1993

Subsection (2) applies in relation to an activity, on land to which a major project relates, that is not permitted under a planning scheme unless there is a permit in relation to the activity, if – assessment criteria are determined under section 60ZM(1) in relation to the major project; and in order to prepare a major project impact statement in relation to the major project, it is reasonably necessary for the proponent to engage in the activity on the land.

If this subsection applies in relation to an activity, the Panel may, by notice to the proponent of a major project, authorise, subject to the conditions or restrictions the Panel thinks fit and specifies in the notice, all or part of the activity to be carried out on the part of the land, specified in the notice, that is land to which the major project relates.

If the Panel issues under subsection (2) a notice in relation to an activity – the Panel must give to the relevant planning authority a copy of the notice; and the carrying out of the activity in accordance with the notice is taken to be authorised under this Act and a relevant planning scheme; and the carrying out of the activity in accordance with the notice is not, despite any provision of this Act or a planning scheme, to be taken to be in contravention of section 63.

The Minister, in writing, may grant to a proponent, under this subsection, an authority for the proponent, and persons acting on behalf of the proponent, to do either or both of the following:to enter land that is public land, within the meaning of section 4 of the Public Land (Administration and Forests) Act 1991; to carry out – on public land, with the permission of the person in whom the land is vested; or on other land, if the major project relates to the land and the permission of the owner of the land has been obtained – activities, including testing, that are reasonably required to be carried out by or on behalf of the proponent for the purposes of enabling the proponent to prepare or amend a major project impact statement in relation to the major project.

An authority under subsection (4) is subject to the terms and conditions specified in the authority.

If the land to which an authority under subsection (4) relates is not vested in the Crown, the Minister, before granting the authority, is to notify the person or body in whom or which the land is vested.

Despite any other Act, including this Act, the proponent to whom an authority is granted under subsection (4) and persons acting on behalf of the proponent may, under and in accordance with the authority – enter and remain on the land to which the authority relates, together with any vehicles, machinery and equipment necessary for carrying out activities referred to in subsection (4), for the purpose of carrying out such activities; and carry out on that land activities referred to in subsection (4).

A notice or authority issued or granted under subsection (2) or subsection (4), in respect of an activity in relation to a major project, ceases to be in force on the day on which – the declaration of a major project in relation to the major project is revoked under section 60U; or a major project permit is granted under section 60ZZM(1)(a) in relation to the major project or, if the notice or authority 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; or 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 – whichever occurs first.