Planning Act 2023
523Regulation-making power
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523 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to the following: (a) contents of a supporting report; (b) environmental impact statements prepared under part 6.3; (c) if this Act does not prescribe when a development approval takes effect—when the development approval takes effect; (d) inquiry panels; (e) procedures for carrying out the territory planning authority’s functions under chapter 12 (Development offences and controlled activities) and chapter 13 (Enforcement). Examples—what may be prescribed for par (d) 1 selection process for experts to be inquiry panel members 2 establishment of a list of experts for inquiry panels 3 appointment of chair for an inquiry panel 4 procedures for dealing with absences or departures from inquiry panels 5 procedures for running inquiry panels, including the quorum, holding of hearings, conflict of interest and decision-making
(3) A regulation may make provision about a matter by applying, adopting or incorporating (with or without change) an instrument, or a provision of an instrument, as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). (4) The Legislation Act, section 47 (6) does not apply in relation to an instrument applied, adopted or incorporated as in force from time to time under a regulation. (5) A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences. instrument includes an Australian Standard or an Australian/New Zealand Standard.