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PLANNING ACT 2016 - SECT 43
Categorising instruments
(1) A
"categorising instrument" is a regulation or local categorising instrument
that does any or all of the following— (a) categorises development as
prohibited, assessable or accepted development;
(b) specifies the categories
of assessment required for different types of assessable development;
(c)
sets out the matters (the
"assessment benchmarks" ) that an assessment manager must assess
assessable development against.
(1A) An assessment benchmark does not
include— (a) a matter of a person’s opinion; or
(b) a person’s
circumstances, financial or otherwise; or
(c) for code assessment—a
strategic outcome under section 16(1)(a); or
(d) a matter prescribed by
regulation.
Examples of assessment benchmarks— a code, a standard, or an
expression of the intent for a zone or precinct
(2) A
"local categorising instrument" is— (a) a planning scheme; or
(b) a TLPI;
or
(c) a variation approval, to the extent the variation approval does any of
the things mentioned in subsection (1).
(3) A regulation made under
subsection (1) applies instead of a local categorising instrument, to the
extent of any inconsistency.
(4) A local categorising instrument— (a) may
state that development is prohibited development only if a regulation allows
the local categorising instrument to do so; and
(b) may not state that
development is assessable development if a regulation prohibits the
local categorising instrument from doing so; and
(c) may not, in its effect,
be inconsistent with the effect of a specified assessment benchmark, or a
specified part of an assessment benchmark, identified in a regulation made for
this paragraph. Note— Assessment benchmarks are given effect through the
rules for assessing and deciding development applications under section 45, 59
or 60.
(5) To the extent a local categorising instrument does not comply
with subsection (4), the instrument has no effect.
(6) A variation approval
may do something mentioned in subsection (1) only in relation to— (a)
development that is the subject of the variation approval; or
(b) development
that is the natural and ordinary consequence of the development that is the
subject of the variation approval.
(7) Subsections (3) and (5) apply no
matter when the regulation and local categorising instrument commenced in
relation to each other.
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