sec.40CDeclaration of PDA-associated development

sec.40C Declaration of PDA-associated development

MEDQ may, by instrument (a declaration ), declare development to which this division applies (the proposed development ) to be PDA-associated development for a priority development area. A declaration may be made only if MEDQ is satisfied— the Planning Act may have an adverse effect on the delivery of the proposed development if the declaration were not made; and 1 of the following applies— the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose; the proposed development— promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and cannot reasonably be located or accommodated entirely within the priority development area; the proposed development satisfies another requirement prescribed by regulation. A declaration must not compromise the implementation of the relevant development instrument for the priority development area. In making a declaration, MEDQ must decide whether the PDA-associated development is— PDA assessable development; or PDA accepted development. If the PDA-associated development is PDA assessable development, see section 84 for the requirements about public notification of a PDA development application. In this section— development infrastructure see the Planning Act , schedule 2 . s 40C ins 2016 No. 17 s 93 amd 2016 No. 27 s 169A ; 2019 No. 11 s 27 ; 2024 No. 32 s 25 (sec.40C-ssec.1) MEDQ may, by instrument (a declaration ), declare development to which this division applies (the proposed development ) to be PDA-associated development for a priority development area. (sec.40C-ssec.2) A declaration may be made only if MEDQ is satisfied— the Planning Act may have an adverse effect on the delivery of the proposed development if the declaration were not made; and 1 of the following applies— the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose; the proposed development— promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and cannot reasonably be located or accommodated entirely within the priority development area; the proposed development satisfies another requirement prescribed by regulation. (sec.40C-ssec.3) A declaration must not compromise the implementation of the relevant development instrument for the priority development area. (sec.40C-ssec.4) In making a declaration, MEDQ must decide whether the PDA-associated development is— PDA assessable development; or PDA accepted development. If the PDA-associated development is PDA assessable development, see section 84 for the requirements about public notification of a PDA development application. (sec.40C-ssec.5) In this section— development infrastructure see the Planning Act , schedule 2 .