Land Use Planning and Approvals Act 1993

For the purposes of section 60ZY(1), a participating regulator's preliminary advice in relation to a major project is a document containing – preliminary refusal advice from the participating regulator; or preliminary condition advice from the participating regulator.

Preliminary refusal advice from the participating regulator is advice – that the participating regulator, at the time of giving the preliminary advice, intends to request the Panel, in the regulator’s final advice under section 60ZZF(1), to refuse to grant a major project permit in relation to the major project; and containing the reasons for the participating regulator’s advice.

A participating regulator may only include preliminary refusal advice in its preliminary advice if it could, in accordance with Subdivision 13, include, in the regulator’s final advice under section 60ZZF(1) in relation to the major project, advice that the regulator intends, at the time of giving the advice, to request the Panel to refuse to grant a major project permit in relation to the major project.

Preliminary condition advice from the participating regulator is advice – that, at the time of giving the participating regulator's preliminary advice, the participating regulator does not request the Panel to impose conditions or restrictions on a major project permit, if the Panel were to grant such a permit in relation to the major project; or specifying the conditions or restrictions that the participating regulator, at the time of giving the participating regulator's preliminary advice, requests the Panel to impose on a major project, if the Panel were to grant such a permit in relation to the major project.

The preliminary advice of a participating regulator may only contain preliminary condition advice if the participating regulator does not, at the time of giving the preliminary advice, intend to request the Panel, in the regulator’s final advice under section 60ZZF(1), to refuse to grant a major project permit in relation to the major project.

A participating regulator may only include, in the participating regulator's preliminary condition advice, advice as to a condition or restriction if such a condition or restriction could, in accordance with Subdivision 13, be included in the regulator’s final advice under section 60ZZF(1) in relation to the major project.