Planning and Environment Act 1987

The Premier may declare a development or proposed development, or a works program or proposed works program, to be a precinct project.

The Premier must not make a declaration under this section unless the Premier—

is satisfied that—

in the case of a development or proposed development, the development or proposed development is not prohibited by or under an applicable planning scheme; and

in the case of a works program or proposed works program, the first part of that program is not prohibited by or under an applicable planning scheme; and

has assessed the development or proposed development, or works program or proposed works program, as a development or program that is of economic, social or environmental significance to—

the State; or

a region of the State.

In addition, in the case of a works program or proposed works program, the Premier must not make a declaration under this section unless the Premier is satisfied that—

the works or developments that constitute, or will constitute, the works program or proposed works program, are, or will be, sufficiently connected to each other to justify the program being designated as a single precinct project; and

the majority of the works or developments within the program contain works that are not, or will not be, minor or routine.

For the purposes of subsection (2)(a), a development or proposed development, or a works program or proposed works program, is not prohibited by or under an applicable planning scheme if—

it is permitted as of right; or

it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or

it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).

In making an assessment for the purposes of subsection (2)(b), the Premier must have regard to the precinct project declaration guidelines.