Queensland Numbered Acts

PLANNING ACT 2016 - SECT 48

48 Who is the assessment manager

(1) The
"assessment manager" is the person responsible for either or both of the following—

(a) administering a properly made development application;

(b) assessing and deciding part or all of a properly made development application.

(2) Generally, a regulation prescribes who is the assessment manager for each type of development application.

(3) However, if—

(a) a regulation prescribes a local government or the chief executive (each
"the entity" ) to be the assessment manager for a development application in relation to development that requires code assessment; and

(b) the entity keeps a list of persons who are appropriately qualified to be an assessment manager in relation to a particular type of that development; and

(c) the entity has made or amended its code of conduct under the Public Sector Ethics Act 1994 to apply the code of conduct, including provisions about conflicts of interest, to persons on the entity’s list; and

(d) the entity has entered into an agreement with each person on the entity’s list about the person’s functions as an assessment manager that—

(i) requires the person to comply with the code of conduct; and

(ii) provides for the entity to remove the person from the entity’s list if the person fails to comply with the code of conduct; and

(e) a person on the entity’s list enters into an agreement with another person to accept a development application made by the other person in relation to only the development mentioned in paragraph (b);

the person on the entity’s list is the
"assessment manager" for the application.

(4) As soon as practicable after the person accepts the application, the person must give a copy of the application to the prescribed assessment manager.

(4A) If a person on an entity’s list of persons kept under subsection (3) is removed from the list because the person has not complied with an agreement under that subsection—

(a) the entity immediately becomes the assessment manager, instead of the person, for any development application for which the person was the assessment manager; and

(b) no extra fee is payable for the application; and

(c) the development assessment process for the application continues from whichever of the following points in the process is the earlier—

(i) the point the application had reached immediately before the person was replaced as the assessment manager;

(ii) 10 business days before the day on which the assessment manager is required, under the development assessment rules, to decide the application.

(5) If the regulation under subsection (2) does not prescribe who is the assessment manager for a particular development application, the Minister may decide who is the assessment manager.

(6) If the Minister decides who is the assessment manager, the Minister may—

(a) decide that a person who could also have been the assessment manager is instead to be a referral agency for the application; and

(b) impose limits on the referral agency’s powers (to the power to only give advice, for example).

(7) The Minister must give notice of the Minister’s decisions under this section to—

(a) the applicant; and

(b) a person that the Minister decides is the assessment manager; and

(c) a person that the Minister decides is a referral agency.

(8) For an application for development that is tidal works, a local government may exercise an assessment manager’s functions despite any limits on the local government’s powers under—

(a) the City of Brisbane Act , section 11; or

(b) the Local Government Act , section 9.