sec.36Criteria for making or amending designations

### sec.36 Criteria for making or amending designations To make a designation, a designator must be satisfied that— the infrastructure will satisfy statutory requirements, or budgetary commitments, for the supply of the infrastructure; or there is or will be a need for the efficient and timely supply of the infrastructure. To make or amend a designation, if the designator is the Minister, the Minister must also be satisfied that adequate environmental assessment, including adequate consultation, has been carried out in relation to the development that is the subject of the designation or amendment. The Minister may, in guidelines prescribed by regulation, set out the process for the environmental assessment and consultation. See section 42B for the process for making or amending the guidelines. The Minister is taken to be satisfied of the matters in subsection (2) if the process in the guidelines is followed. However, the Minister may be satisfied of the matters in another way. To make or amend a designation, a designator must have regard to— all planning instruments that relate to the premises; and any assessment benchmarks, other than in planning instruments, that relate to the development that is the subject of the designation or amendment; and if the premises are in a State development area under the State Development Act —any approved development scheme for the premises under that Act; and if the premises are in a priority development area, or on PDA-associated land for a priority development area, under the Economic Development Act 2012 — any development scheme for the priority development area under that Act; and any place renewal framework for a place renewal area in which the premises are located that is in effect under that Act; and any properly made submissions made as part of the consultation carried out under section 37 ; and the written submissions of any local government. s 36 amd 2017 No. 12 s 32B ; 2024 No. 13 s 24 ; 2024 No. 32 s 64 (sec.36-ssec.1) To make a designation, a designator must be satisfied that— the infrastructure will satisfy statutory requirements, or budgetary commitments, for the supply of the infrastructure; or there is or will be a need for the efficient and timely supply of the infrastructure. (sec.36-ssec.2) To make or amend a designation, if the designator is the Minister, the Minister must also be satisfied that adequate environmental assessment, including adequate consultation, has been carried out in relation to the development that is the subject of the designation or amendment. (sec.36-ssec.3) The Minister may, in guidelines prescribed by regulation, set out the process for the environmental assessment and consultation. See section 42B for the process for making or amending the guidelines. (sec.36-ssec.4) The Minister is taken to be satisfied of the matters in subsection (2) if the process in the guidelines is followed. (sec.36-ssec.5) However, the Minister may be satisfied of the matters in another way. (sec.36-ssec.7) To make or amend a designation, a designator must have regard to— all planning instruments that relate to the premises; and any assessment benchmarks, other than in planning instruments, that relate to the development that is the subject of the designation or amendment; and if the premises are in a State development area under the State Development Act —any approved development scheme for the premises under that Act; and if the premises are in a priority development area, or on PDA-associated land for a priority development area, under the Economic Development Act 2012 — any development scheme for the priority development area under that Act; and any place renewal framework for a place renewal area in which the premises are located that is in effect under that Act; and any properly made submissions made as part of the consultation carried out under section 37 ; and the written submissions of any local government. - (a) the infrastructure will satisfy statutory requirements, or budgetary commitments, for the supply of the infrastructure; or - (b) there is or will be a need for the efficient and timely supply of the infrastructure. - (a) all planning instruments that relate to the premises; and - (b) any assessment benchmarks, other than in planning instruments, that relate to the development that is the subject of the designation or amendment; and - (c) if the premises are in a State development area under the State Development Act —any approved development scheme for the premises under that Act; and - (ca) if the premises are in a priority development area, or on PDA-associated land for a priority development area, under the Economic Development Act 2012 — (i) any development scheme for the priority development area under that Act; and (ii) any place renewal framework for a place renewal area in which the premises are located that is in effect under that Act; and - (i) any development scheme for the priority development area under that Act; and - (ii) any place renewal framework for a place renewal area in which the premises are located that is in effect under that Act; and - (d) any properly made submissions made as part of the consultation carried out under section 37 ; and - (e) the written submissions of any local government. - (i) any development scheme for the priority development area under that Act; and - (ii) any place renewal framework for a place renewal area in which the premises are located that is in effect under that Act; and