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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 276A 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) An
assessment carried out against a statutory instrument, or another document
applied, adopted or incorporated (with or without changes) in a statutory
instrument, must be carried out against the statutory instrument or document
as in effect when the application was properly made.
(7) However, if the
statutory instrument or other document is amended or replaced before the
assessment manager decides the application, the assessment manager may give
the weight that the assessment manager considers is appropriate, in the
circumstances, to the amendment or replacement.
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