Part 5Relevant authorities and accredited professionals

Part 5—Relevant authorities and accredited professionals 22—Prescribed scheme (section 93) (1) For the purposes of section 93 of the Act— (a) an assessment manager may act as a relevant authority for the purposes of giving planning consent in relation to— (i) development that is classified as deemed-to-satisfy development under section 106 of the Act (including where there may be 1 or more minor variations under section 106(2) of the Act); and (ii) development that is to be assessed under section 107 of the Act, other than where notice of the application must be given under section 107(3) of the Act; and (b) an Accredited professional—planning level 3 may act as a relevant authority for the purposes of giving planning consent in relation to development that may be assessed as deemed-to-satisfy development under section 106 of the Act (including where there may be 1 or more minor variations under section 106(2) of the Act); and (c) an Accredited professional—planning level 4 may act as a relevant authority for the purposes of giving planning consent in relation to development that may be assessed as deemed-to-satisfy development under section 106 of the Act, other than where there are 1 or more minor variations under section 106(2) of the Act; and (d) an Accredited professional—surveyor may act as a relevant authority for the purposes of giving planning consent and consent under section 102(1)(c) or (d) of the Act in relation to development that is constituted solely by the division of 1 or more allotments and that may be assessed as deemed-to-satisfy development under section 106 of the Act, other than where there are 1 or more minor variations under section 106(2) of the Act or where it is necessary in connection with the division for land to be vested in another entity or a public road to be created; and (e) an assessment manager may act as a relevant authority for the purposes of giving consent under section 102(1)(c) or (d) of the Act. (2) In connection with subregulation (1)(a)(ii), an assessment manager may act as a relevant authority for the purposes of— (a) making a decision in accordance with a practice direction under section 107(3)(a) of the Act; and (b) determining whether a proposed development the subject of an application falls within a specified class of development excluded from the operation of section 107(3) and (4) of the Act by the Planning and Design Code. 23—State Planning Commission (section 94) (1) For the purposes of section 94(1)(a)(ii) of the Act, the Commission is the relevant authority in relation to development of a class specified in Schedule 6. (2) If the Commission is the relevant authority under section 94(1) of the Act— (a) in a case where the Minister has acted under section 94(1)(h) of the Act— (i) the entity that would otherwise be the relevant authority must provide to the Commission any application received by the relevant authority under the Act and these regulations in relation to the matter, together with any accompanying documentation or information and fees (other than where the Commission has indicated that the entity may retain some or all of the fees), within 5 business days after receipt of a copy of the Minister's notice under that section; and (ii) the Commission may, as it thinks fit— (A) adopt any act or decision in relation to the assessment of the application that has already been made by a relevant authority (including an act or decision under Part 7 of these regulations); (B) disregard or reject any act or decision of a relevant authority that has already been made in relation to the assessment of the application; and (b) in any case relating to development within the area of a council—the Commission must give the chief executive officer of the council for the area in which the development is to be undertaken a reasonable opportunity to provide the Commission with a report (on behalf of the council) on any matter specified under subregulation (3) that is relevant to the particular case (but if a report is not received by the Commission within 15 business days after the request is made to the chief executive officer, or within such longer period as the Commission may allow, the Commission may presume that the chief executive officer does not desire to provide a report). (3) The following matters are specified for the purposes of a report under subregulation (2)(b): (a) the impact of the proposed development on the following at the local level: (i) essential infrastructure; (ii) traffic; (iii) waste management; (iv) stormwater; (v) public open space; (vi) other public assets and infrastructure; (b) the impact of the proposed development on any local heritage place; (c) any other matter determined by the Commission and specified by the Commission for the purposes of subregulation (2)(b). 24—Assessment managers (section 96) (1) This regulation applies in addition to the cases prescribed under regulation 22. (2) For the purposes of section 96 of the Act, and subject to these regulations, an assessment manager may act as a relevant authority for the purposes of giving consent under section 102(1)(e) or (f) of the Act. 25—Accredited professionals (section 97) (1) This regulation applies in addition to the cases prescribed under regulation 22. (2) For the purposes of section 97 of the Act, and subject to these regulations, an Accredited professional—building level 1 may act as a relevant authority for the purposes of giving building consent in relation to any class of development. (3) For the purposes of section 97 of the Act, and subject to these regulations, if the requirement of subregulation (5) is satisfied, an Accredited professional—building level 2 may act as a relevant authority for the purposes of giving building consent in relation to building work that relates to a building that does not have, or will not have when the development is completed— (a) a rise in storeys exceeding 3; or (b) a floor area exceeding 2 000 m2. (4) For the purposes of section 97 of the Act, and subject to these regulations, if the requirement of subregulation (5) is satisfied, an Accredited professional—building level 3 may act as a relevant authority for the purposes of giving building consent in relation to building work that relates to a Class 1 or 10 building under the Building Code that does not have, or will not have when the development is completed— (a) a rise in storeys exceeding 2; or (b) a floor area exceeding 500 m2. (5) This subregulation requires that the calculations used for the purposes of the relevant building work referred to in subregulation (3) or (4) have been certified by an independent technical expert. (6) In addition, for the purposes of section 97 of the Act, and subject to these regulations, an Accredited professional—building level 1, 2 or 3 may act as a relevant authority (in respect of development for which they are authorised to give building consent under a preceding subregulation) in relation to the following: (a) the issue of a schedule of essential safety provisions; (b) the assignment of a classification to a building under these regulations; (c) the provision of a Statement of Compliance. (7) In this regulation— independent technical expert means a person who, in relation to building work— (a) is not the building owner or an employee of the building owner; and (b) has not— (i) been involved in any aspect of the relevant development (other than through the provision of preliminary advice of a general nature); or (ii) had a direct or indirect pecuniary interest in any aspect of the relevant development or any body associated with any aspect of the relevant development; and (c) has engineering or other qualifications that the relevant authority is satisfied, on the basis of advice received from the accreditation authority under the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019, a relevant professional association, or another relevant registration or accreditation authority, qualify the person to act as a technical expert under this regulation. 26—Requirement to obtain advice of accredited professional (1) For the purposes of section 235(2) of the Act, if the Commission or an assessment panel does not act under section 99(1) of the Act in relation to development that involves the performance of building work, the Commission or assessment panel (as the case may be) must, in assessing the development in respect of the Building Rules, seek and consider the advice of an accredited professional who would be qualified to give building consent in relation to the building work if the accredited professional were acting as a relevant authority in the particular case. (2) For the purposes of section 235(2) of the Act, a council acting under section 99(2)(a)(i) of the Act must, in assessing the development in respect of the Building Rules, seek and consider the advice of an accredited professional who would be qualified to give building consent in relation to the building work if the accredited professional were acting as a relevant authority in the particular case.