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PLANNING ACT 2016 - SECT 36
Criteria for making or amending designations
36 Criteria for making or amending designations
(1) To make a designation, a designator must be satisfied that— (a) the
infrastructure will satisfy statutory requirements, or budgetary commitments,
for the supply of the infrastructure; or
(b) there is or will be a need for
the efficient and timely supply of the infrastructure.
(2) To make or amend a
designation, if the designator is the Minister, the Minister must also be
satisfied that adequate environmental assessment, including adequate
consultation, has been carried out in relation to the development that is the
subject of the designation or amendment.
(3) The Minister may, in guidelines
prescribed by regulation, set out the process for the environmental assessment
and consultation.
(4) The Minister is taken to be satisfied of the matters in
subsection (2) if the process in the guidelines is followed.
(5) However, the
Minister may be satisfied of the matters in another way.
(6) Sections 10 and
11 apply to the making or amendment of the guidelines as if the guidelines
were a State planning policy.
(7) To make or amend a designation, a
designator must have regard to— (a) all planning instruments that relate to
the premises; and
(b) any assessment benchmarks, other than in
planning instruments, that relate to the development that is the subject of
the designation or amendment; and
(c) if the premises are in a State
development area under the State Development Act—any approved development
scheme for the premises under that Act; and
(d) any properly made submissions
made as part of the consultation carried out under section 37; and
(e) the
written submissions of any local government.
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