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PLANNING ACT 2016 - SECT 45

Categories of assessment

45 Categories of assessment

(1) There are 2 categories of assessment for assessable development, namely code and impact assessment.
(2) A categorising instrument states the category of assessment that must be carried out for the development.
(3) A
"code assessment" is an assessment that must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development; and
(b) having regard to any matters prescribed by regulation for this paragraph.
(4) When carrying out code assessment, section 5 (1) does not apply to the assessment manager.
(5) An
"impact assessment" is an assessment that—
(a) must be carried out—
(i) against the assessment benchmarks in a categorising instrument for the development; and
(ii) having regard to any matters prescribed by regulation for this subparagraph; and
(b) may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise.
Examples of another relevant matter—
• a planning need
• the current relevance of the assessment benchmarks in the light of changed circumstances
• whether assessment benchmarks or other prescribed matters were based on material errors
Note—
See section 277 for the matters the chief executive must have regard to when the chief executive, acting as an assessment manager, carries out a code assessment or impact assessment in relation to a State heritage place.
(6) Subsections (7) and (8) apply if an assessment manager is, under subsection (3) or (5) , assessing a development application against or having regard to—
(a) a statutory instrument; or
(b) another document applied, adopted or incorporated (with or without changes) in a statutory instrument.
(7) The assessment manager must assess the development application against or having regard to the statutory instrument, or other document, as in effect when the development application was properly made.
(8) However, the assessment manager may give the weight the assessment manager considers is appropriate, in the circumstances, to—
(a) if the statutory instrument or other document is amended or replaced after the development application is properly made but before it is decided by the assessment manager—the amended or replacement instrument or document; or
(b) another statutory instrument
(i) that comes into effect after the development application is properly made but before it is decided by the assessment manager; and
(ii) that the assessment manager would have been required to assess, or could have assessed, the development application against, or having regard to, if the instrument had been in effect when the application was properly made.



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