Major Infrastructure Development Approvals Act 1999

If an order under section 7(2) declaring a project to be a major infrastructure project is made – notwithstanding the terms of any relevant planning scheme or special planning order, each use or development comprised in the major infrastructure project is taken to be a use or development which the planning authority which administers that planning scheme or special planning order has a discretion to refuse or permit under section 57 of the Land Use Planning and Approvals Act 1993; and notwithstanding the terms of any relevant planning scheme or special planning order, the planning authority which administers the planning scheme or special planning order may, subject to section 12(1) and the requirements of any State Policy, determine an application for a permit in respect of a use or development comprised in the major infrastructure project in such manner as it thinks fit; and the major infrastructure project is taken to be a public purpose for the purposes of section 4(3) of the Land Acquisition Act 1993; and section 73(3)(a) of the Land Acquisition Act 1993 does not apply to any land acquired under that Act for the purposes of the major infrastructure project; and an application to a planning authority under section 51(1A) of the Land Use Planning and Approvals Act 1993 may relate to all of the uses or developments comprised in the major infrastructure project, or such number of the uses or developments comprised in the major infrastructure project as the applicant may choose; and for the purpose of section 57(6)(b) of the Land Use Planning and Approvals Act 1993, the Minister may by order specify a further period within which a planning authority must grant or refuse to grant a permit specified in the order, with the result that, for the purposes of section 59 of the Land Use Planning and Approvals Act 1993, any such further period is to be taken to be a further period referred to in section 57(6)(b) of that Act.

If an order under section 7(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required – section 52(1) of that Act and any provisions of the relevant planning scheme or special planning order which require the giving of notice to the owner of land in respect of which a permit is sought do not apply; and notice of the making of an application for a permit in connection with the major infrastructure project is, at least 14 days before the making of the application, to be served by the applicant on – the owner of the land in respect of which the permit is required; and in the case of an application under section 14 for a permit for a use or development anywhere within a corridor proposed in the application, the owners of all land within that corridor.

A notice for the purpose of subsection (2)(b)(i) or (ii) is to contain such information as may be prescribed.

A notice for the purpose of subsection (2)(b) that is required to be served on an owner that is a company may be served by post on the owner at the postal address of the owner in the valuation roll prepared under section 24 of the Valuation of Land Act 2001.

If an order under section 7(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a planning authority which receives an application for a permit in respect of a use or development comprised in the major infrastructure project must not accept that application unless it is satisfied that the requirements of subsections (2) and (3) have been met.

If an application for a permit in respect of a use or development comprised in a major infrastructure project has been accepted by a planning authority, whether before or after the commencement of the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001, the application is taken to be valid notwithstanding – a failure to serve notice of the making of the application on each owner of land who is required under subsection (2)(b) to be served; or a deficiency in the notice of the making of the application that is served.

No action may be taken against a planning authority in respect of a decision to accept an application for a permit, whether before or after the commencement of the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001, if that decision has been taken in good faith.

If an order under section 7(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a request by the proponent for the amendment of a permit in respect of a use or development comprised in the major infrastructure project may be made under section 56(1) of the Land Use Planning and Approvals Act 1993 without the consent of the owner of the land to which the permit relates.

If an order under section 7(2) requires any instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or another person by a specified date with such guidelines or other information as the order may specify, the instrumentality, agency or authority to which the requirement is directed must comply with the requirement.

If an order under section 7(2) requires the proponent identified in the order to pay to the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum to be forfeited on failure to comply with terms or conditions specified in the order, the bond or sum is forfeited to the Crown on – failure to comply with any of those terms or conditions; or failure to apply to a planning authority for a permit for each use or development comprised in the major infrastructure project within a period of 12 months from the date of the order or such further period, expiring not more than 24 months from the date of the order, as the Minister may allow; or the lapse under section 53(5) of the Land Use Planning and Approvals Act 1993 of any permit which is granted for a use or development comprised in the major infrastructure project.

If an order under section 7(2) requires the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date to cover costs and expenses which may be incurred by the Crown or any person in connection with the assessment or approval of the major infrastructure project, the amount is a debt due to the Crown from the proponent identified in the order and may be recovered by the Crown from the proponent in any court of competent jurisdiction.

If an order under section 7(2) requires the establishment of a combined planning authority, a council must perform its functions, including its functions as a planning authority, with due regard for the consequences which will arise from the implementation of the major infrastructure project.