sec.45Categories of assessment

### sec.45 Categories of assessment There are 2 categories of assessment for assessable development, namely code and impact assessment. A categorising instrument states the category of assessment that must be carried out for the development. A code assessment is an assessment that must be carried out only— against the assessment benchmarks in a categorising instrument for the development; and having regard to any matters prescribed by regulation for this paragraph. When carrying out code assessment, section 5 (1) does not apply to the assessment manager. An impact assessment is an assessment that— must be carried out— against the assessment benchmarks in a categorising instrument for the development; and having regard to any matters prescribed by regulation for this subparagraph; and may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise. a planning need the current relevance of the assessment benchmarks in the light of changed circumstances whether assessment benchmarks or other prescribed matters were based on material errors See section 275ZI in relation to restrictions on impact assessment for particular applications. See section 275ZJ for the matters the chief executive must have regard to when deciding an application involving a State heritage place. Subsections (7) and (8) apply if an assessment manager is, under subsection (3) or (5) , assessing a development application against or having regard to— a statutory instrument; or another document applied, adopted or incorporated (with or without changes) in a statutory instrument. The assessment manager must assess the development application against or having regard to the statutory instrument, or other document, as in effect when the development application was properly made. However, the assessment manager may give the weight the assessment manager considers is appropriate, in the circumstances, to— if the statutory instrument or other document is amended or replaced after the development application is properly made but before it is decided by the assessment manager—the amended or replacement instrument or document; or another statutory instrument— that comes into effect after the development application is properly made but before it is decided by the assessment manager; and that the assessment manager would have been required to assess, or could have assessed, the development application against, or having regard to, if the instrument had been in effect when the application was properly made. s 45 amd 2019 No. 11 s 144 ; 2024 No. 13 s 96A (sec.45-ssec.1) There are 2 categories of assessment for assessable development, namely code and impact assessment. (sec.45-ssec.2) A categorising instrument states the category of assessment that must be carried out for the development. (sec.45-ssec.3) A code assessment is an assessment that must be carried out only— against the assessment benchmarks in a categorising instrument for the development; and having regard to any matters prescribed by regulation for this paragraph. (sec.45-ssec.4) When carrying out code assessment, section 5 (1) does not apply to the assessment manager. (sec.45-ssec.5) An impact assessment is an assessment that— must be carried out— against the assessment benchmarks in a categorising instrument for the development; and having regard to any matters prescribed by regulation for this subparagraph; and may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise. a planning need the current relevance of the assessment benchmarks in the light of changed circumstances whether assessment benchmarks or other prescribed matters were based on material errors See section 275ZI in relation to restrictions on impact assessment for particular applications. See section 275ZJ for the matters the chief executive must have regard to when deciding an application involving a State heritage place. (sec.45-ssec.6) Subsections (7) and (8) apply if an assessment manager is, under subsection (3) or (5) , assessing a development application against or having regard to— a statutory instrument; or another document applied, adopted or incorporated (with or without changes) in a statutory instrument. (sec.45-ssec.7) The assessment manager must assess the development application against or having regard to the statutory instrument, or other document, as in effect when the development application was properly made. (sec.45-ssec.8) However, the assessment manager may give the weight the assessment manager considers is appropriate, in the circumstances, to— if the statutory instrument or other document is amended or replaced after the development application is properly made but before it is decided by the assessment manager—the amended or replacement instrument or document; or another statutory instrument— that comes into effect after the development application is properly made but before it is decided by the assessment manager; and that the assessment manager would have been required to assess, or could have assessed, the development application against, or having regard to, if the instrument had been in effect when the application was properly made. - (a) against the assessment benchmarks in a categorising instrument for the development; and - (b) having regard to any matters prescribed by regulation for this paragraph. - (a) must be carried out— (i) against the assessment benchmarks in a categorising instrument for the development; and (ii) having regard to any matters prescribed by regulation for this subparagraph; and - (i) against the assessment benchmarks in a categorising instrument for the development; and - (ii) having regard to any matters prescribed by regulation for this subparagraph; and - (b) may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise. Examples of another relevant matter— • a planning need • the current relevance of the assessment benchmarks in the light of changed circumstances • whether assessment benchmarks or other prescribed matters were based on material errors Notes— 1 See section 275ZI in relation to restrictions on impact assessment for particular applications. 2 See section 275ZJ for the matters the chief executive must have regard to when deciding an application involving a State heritage place. - • a planning need - • the current relevance of the assessment benchmarks in the light of changed circumstances - • whether assessment benchmarks or other prescribed matters were based on material errors Notes— 1 See section 275ZI in relation to restrictions on impact assessment for particular applications. 2 See section 275ZJ for the matters the chief executive must have regard to when deciding an application involving a State heritage place. - 1 See section 275ZI in relation to restrictions on impact assessment for particular applications. - 2 See section 275ZJ for the matters the chief executive must have regard to when deciding an application involving a State heritage place. - (i) against the assessment benchmarks in a categorising instrument for the development; and - (ii) having regard to any matters prescribed by regulation for this subparagraph; and - • a planning need - • the current relevance of the assessment benchmarks in the light of changed circumstances - • whether assessment benchmarks or other prescribed matters were based on material errors Notes— 1 See section 275ZI in relation to restrictions on impact assessment for particular applications. 2 See section 275ZJ for the matters the chief executive must have regard to when deciding an application involving a State heritage place. - 1 See section 275ZI in relation to restrictions on impact assessment for particular applications. - 2 See section 275ZJ for the matters the chief executive must have regard to when deciding an application involving a State heritage place. - 1 See section 275ZI in relation to restrictions on impact assessment for particular applications. - 2 See section 275ZJ for the matters the chief executive must have regard to when deciding an application involving a State heritage place. - (a) a statutory instrument; or - (b) another document applied, adopted or incorporated (with or without changes) in a statutory instrument. - (a) if the statutory instrument or other document is amended or replaced after the development application is properly made but before it is decided by the assessment manager—the amended or replacement instrument or document; or - (b) another statutory instrument— (i) that comes into effect after the development application is properly made but before it is decided by the assessment manager; and (ii) that the assessment manager would have been required to assess, or could have assessed, the development application against, or having regard to, if the instrument had been in effect when the application was properly made. - (i) that comes into effect after the development application is properly made but before it is decided by the assessment manager; and - (ii) that the assessment manager would have been required to assess, or could have assessed, the development application against, or having regard to, if the instrument had been in effect when the application was properly made. - (i) that comes into effect after the development application is properly made but before it is decided by the assessment manager; and - (ii) that the assessment manager would have been required to assess, or could have assessed, the development application against, or having regard to, if the instrument had been in effect when the application was properly made.