sec.55Referral agency’s assessment

### sec.55 Referral agency’s assessment A referral agency decided by the Minister under section 48 (7) must assess a development application as required under section 45 , as if the agency were the assessment manager. For any other referral agency, a regulation may prescribe the matters the referral agency— may, must, or must only assess a development application against; and may, must, or must only have regard to for the assessment. See also sections 82A and 275ZJ . Subsections (4) and (5) apply if a referral agency is, under subsection (2) , 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 referral agency 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 referral agency may give the weight the referral agency 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— the amended or replacement instrument or document; or another statutory instrument— that comes into effect after the development application is properly made; and that the referral agency 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 55 amd 2019 No. 11 s 147 ; 2024 No. 13 s 96B (sec.55-ssec.1) A referral agency decided by the Minister under section 48 (7) must assess a development application as required under section 45 , as if the agency were the assessment manager. (sec.55-ssec.2) For any other referral agency, a regulation may prescribe the matters the referral agency— may, must, or must only assess a development application against; and may, must, or must only have regard to for the assessment. See also sections 82A and 275ZJ . (sec.55-ssec.3) Subsections (4) and (5) apply if a referral agency is, under subsection (2) , 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.55-ssec.4) The referral agency 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.55-ssec.5) However, the referral agency may give the weight the referral agency 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— the amended or replacement instrument or document; or another statutory instrument— that comes into effect after the development application is properly made; and that the referral agency 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) may, must, or must only assess a development application against; and - (b) may, must, or must only have regard to for the assessment. - (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— the amended or replacement instrument or document; or - (b) another statutory instrument— (i) that comes into effect after the development application is properly made; and (ii) that the referral agency 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; and - (ii) that the referral agency 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; and - (ii) that the referral agency 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.