Div 5Determination of relevant authority

Division 5—Determination of relevant authority 93—Relevant authority—panels (1) Subject to any other provision of this Act, an assessment panel will be a relevant authority in relation to a proposed development as follows: (a) where the proposed development is to be undertaken within the area of a council then, subject to the succeeding paragraphs, an assessment panel appointed by the council is the relevant authority; (b) despite paragraph (a), where the proposed development is within the area of a council in respect of which a local assessment panel has been appointed then, subject to the succeeding paragraphs, the local assessment panel is the relevant authority; (c) despite a preceding paragraph, where the proposed development is within an area of the State in relation to which a regional assessment panel has been constituted then, subject to the succeeding paragraphs, the regional assessment panel is the relevant authority; (d) despite a preceding paragraph, where the proposed development is within an area of the State in relation to which a planning agreement applies and an assessment panel has been appointed by the joint planning board then, subject to paragraph (e), that assessment panel is the relevant authority; (e) despite a preceding paragraph, where the proposed development is a matter designated by the Minister, by notice published in the Gazette, as being a matter that will be assessed by a combined assessment panel then the combined assessment panel is the relevant authority. (2) This section does not apply in a case where— (a) an assessment manager; or (b) an accredited professional, may act as a relevant authority under a scheme prescribed by the regulations for the purposes of this section. (3) This section does not apply in a case where section 94 or section 95 applies. 94—Relevant authority—Commission (1) Subject to any other provision of this Act (other than section 93), the Commission will be a relevant authority in relation to a proposed development as follows: (a) where the proposed development falls within a class of development— (i) designated by the Planning and Design Code for the purposes of this paragraph; or (ii) prescribed by the regulations for the purposes of this paragraph; (b) where the proposed development is classified as restricted development by the Planning and Design Code; (c) where the proposed development is to be undertaken in a part of the State that is not (wholly or in part) within the area of a council, other than in a case where a regional assessment panel has been constituted in relation to that part of the State; (d) where the Commission, and an assessment panel appointed by a council or by the Minister in substitution for such an assessment panel, would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development; (e) where the Commission and an assessment panel appointed by a joint planning board would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development; (f) where the Commission and a regional assessment panel would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development; (g) where the Minister, acting at the request of a council or a joint planning board, declares, by notice served on the proponent, that the Minister desires the Commission to act as the relevant authority in relation to the proposed development; (h) where, by notice served on the proponent— (i) the Minister calls the proposed development in for assessment under this paragraph on a ground set out in subsection (2); or (ii) CGO calls the proposed development in for assessment under this paragraph on a ground set out in subsection (2) (other than paragraph (b)). (2) Any of the following grounds apply for the purposes of subsection (1)(h): (a) the Minister or CGO (as the case requires) considers that the proposed development is of significance to the State because, in the opinion of the Minister or CGO— (i) the development is of major social, economic or environmental importance; or (ii) the development involves benefits, impacts or risks that are of significance to the State; or (iii) the cumulative effect of the development, when considered in conjunction with any other development, project or activity already being undertaken or carried on, or proposed to be undertaken or carried on, at or within the vicinity of the relevant site, gives rise to issues that are of significance to the State; or (iv) the development is directly related to— (A) a development that has already been called in by the Minister or CGO under this section; or (B) a development that is considered by the Minister or CGO as being of significance to the State; (b) the Minister considers that the proposed development— (i) would have a significant impact on a matter arising under another Act; or (ii) will require assessment or approval under another Act as well as this Act; (c) the Minister or CGO (as the case requires) considers that the proposed development would have a significant impact beyond the boundaries of a particular planning region or a particular council; (d) the Minister or CGO (as the case requires) considers that the proposed development may have a significant impact on an aspect of a precinct under Part 2B of the Urban Renewal Act 1995; (e) an assessment panel appointed by a council or a joint planning board, or a regional assessment panel, has (in the opinion of the Minister or CGO (as the case requires)) failed to deal with an application for development authorisation within a reasonable period; (f) the proposed development involves land situated in more than 1 planning region or the area of more than 1 council; (g) the Minister or CGO (as the case requires) considers that it is otherwise necessary or appropriate for the proper assessment of the proposed development that the proposed development be assessed by the Commission. (3) If the Minister or CGO acts under subsection (1)(h)— (a) a relevant authority already acting in relation to the proposed development under another paragraph of subsection (1) must, at the request of the Commission, provide the Commission with a report relating to any application for development authorisation that has been under consideration by the relevant authority; and (b) the Commission in acting as the relevant authority in relation to the particular proposed development may, as it thinks fit, do either or both of the following: (i) adopt any assessment, finding or determination that was made by a relevant authority that has been acting in relation to the proposed development; (ii) continue to assess the proposed development from the stage reached immediately before the Minister or CGO (as the case requires) acted under that subsection. (4) This section does not apply in a case where section 95 applies. 95—Relevant authority—Minister Where a proposed development is classified as impact assessed development (other than restricted development) then the Minister is the relevant authority. 96—Relevant authority—assessment managers An assessment manager may act as a relevant authority— (a) in cases contemplated by this Act; and (b) in cases prescribed or authorised by the regulations. 97—Relevant authority—accredited professionals An accredited professional may act as a relevant authority— (a) in cases contemplated by this Act; and (b) in cases prescribed or authorised by the regulations. 98—Relevant authority—councils A council will act as a relevant authority as provided by section 99. 99—Related provisions (a) a proposed development involves the performance of building work; and (b) a relevant authority determines to act under this subsection, the relevant authority may— (c) refer the assessment of the development in respect of the Building Rules to the council for the area in which the proposed development is to be undertaken; or (d) require that the assessment of the development in respect of the Building Rules be undertaken by a building certifier. (2) If subsection (1) applies— (a) in the case of subsection (1)(c)—the council for the area in which the development is to be undertaken will be the relevant authority for the purposes of— (i) assessing the development against and, if appropriate, granting a consent in respect of, the relevant provisions of the Building Rules; and (ii) if appropriate, granting development approval; and (b) in the case of subsection (1)(d)— (i) the building certifier will be the relevant authority for the purposes of assessing the development against and, if appropriate, granting a consent in respect of, the relevant provisions of the Building Rules; and (ii) the council for the area in which the development is to be undertaken will be the relevant authority for the purposes of, if appropriate, granting development approval. (3) In addition, where a proposed development is to be undertaken within the area of a council then, subject to the regulations, the council will be the relevant authority for the purposes of, if appropriate, granting the final development approval after all elements of the development have been approved by 1 or more relevant authorities under this section. (4) The notice of a decision of a council granting a development approval must include the name and contact details of every other entity that has acted as a relevant authority in relation to that approval. The Chief Executive is taken to be a relevant authority in certain circumstances—see section 242A.