38Matters Tribunal must take into account

38 Matters Tribunal must take into account In determining an application for review under section 36 or a declaration under section 37 the Tribunal must— (a) take into account any relevant planning scheme; and (b) where appropriate, have regard to any planning scheme or amendment adopted by a planning authority under the **Planning and Environment Act 1987** but not, as at the date the application is determined, approved by the Minister or the planning authority; and S. 38(c) substituted by No. 39/2018, s. 37 (as amended by Nos 27/2019 s. 44, 28/2019 s. 55). (c) take account of any relevant environment reference standard within the meaning of the **Environment** **Protection Act 2017**; and S. 38(ca) inserted by No. 39/2018, s. 37 (as amended by Nos 27/2019 s. 44, 28/2019 s. 55). (ca) take account of any Order made by the Governor in Council under section 156 of the **Environment Protection Act 2017**; and (d) where appropriate, have regard to any agreement made under section 173 of the **Planning and Environment Act 1987** affecting land the subject of the application. S. 39 substituted by No. 28/2019 s. 20.