sec.106JAssessing and deciding application

### sec.106J Assessing and deciding application The chief executive must assess and decide, or reassess and re-decide, the application or a part of the application. However, if the declaration notice for the application directs the decision-maker to assess the application or a stated part of the application, the chief executive’s decision in relation to the application may be based on the decision-maker’s assessment. The following provisions do not apply in relation to assessing and deciding the application— if the application is a development application— section 45 (3) to (8) ; and part 3 , division 1 ; and sections 60 and 61 to the extent the sections impose an obligation on an assessment manager; and section 62 ; and section 64 ; and section 275ZI ; if the application is a change application— sections 81 , 81A and 82 . In assessing and deciding the application, the chief executive may consider— any State interests relating to the development the subject of the application; and any planning instruments applying to the premises the subject of the application; and any information or advice given to the chief executive in relation to the application, including information or advice in a submission or representation; and any other matter the chief executive considers relevant. The chief executive need not consider any referral agency’s response given before the declaration notice for the application is given but may ask a referral agency for the application for advice about the application. s 106J ins 2024 No. 13 s 74 (sec.106J-ssec.1) The chief executive must assess and decide, or reassess and re-decide, the application or a part of the application. (sec.106J-ssec.2) However, if the declaration notice for the application directs the decision-maker to assess the application or a stated part of the application, the chief executive’s decision in relation to the application may be based on the decision-maker’s assessment. (sec.106J-ssec.3) The following provisions do not apply in relation to assessing and deciding the application— if the application is a development application— section 45 (3) to (8) ; and part 3 , division 1 ; and sections 60 and 61 to the extent the sections impose an obligation on an assessment manager; and section 62 ; and section 64 ; and section 275ZI ; if the application is a change application— sections 81 , 81A and 82 . (sec.106J-ssec.4) In assessing and deciding the application, the chief executive may consider— any State interests relating to the development the subject of the application; and any planning instruments applying to the premises the subject of the application; and any information or advice given to the chief executive in relation to the application, including information or advice in a submission or representation; and any other matter the chief executive considers relevant. (sec.106J-ssec.5) The chief executive need not consider any referral agency’s response given before the declaration notice for the application is given but may ask a referral agency for the application for advice about the application. - (a) if the application is a development application— (i) section 45 (3) to (8) ; and (ii) part 3 , division 1 ; and (iii) sections 60 and 61 to the extent the sections impose an obligation on an assessment manager; and (iv) section 62 ; and (v) section 64 ; and (vi) section 275ZI ; - (i) section 45 (3) to (8) ; and - (ii) part 3 , division 1 ; and - (iii) sections 60 and 61 to the extent the sections impose an obligation on an assessment manager; and - (iv) section 62 ; and - (v) section 64 ; and - (vi) section 275ZI ; - (b) if the application is a change application— sections 81 , 81A and 82 . - (i) section 45 (3) to (8) ; and - (ii) part 3 , division 1 ; and - (iii) sections 60 and 61 to the extent the sections impose an obligation on an assessment manager; and - (iv) section 62 ; and - (v) section 64 ; and - (vi) section 275ZI ; - (a) any State interests relating to the development the subject of the application; and - (b) any planning instruments applying to the premises the subject of the application; and - (c) any information or advice given to the chief executive in relation to the application, including information or advice in a submission or representation; and - (d) any other matter the chief executive considers relevant.