Planning Regulation 2017
sec.51MMatters to be considered in making particular decisions— Act , s 106ZE
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sec.51M Matters to be considered in making particular decisions— Act , s 106ZE
For section 106ZE (4) of the Act , this section prescribes the matters the chief executive must or may consider in deciding, under section 106ZE (2) of the Act , whether it is appropriate in the circumstances for a development application or change application to be made without— a social impact assessment report; or a community benefit agreement. The chief executive must consider the following matters— the location, nature and scale of the development requiring social impact assessment the subject of the development application or change application; any assessment of the social impact carried out by the applicant; whether the applicant has engaged with the local government, and the community in the locality of the development, about the development application or change application, including the outcomes of the engagement; whether the applicant and a public sector entity have engaged in a mediation process in relation to the development application or change application, including the outcomes of the mediation process; whether the chief executive has previously given, or been asked to give, a notice under section 106ZE (1) of the Act in relation to the development application or change application. The chief executive may also consider any other matter the chief executive considers relevant. s 51M ins 2025 SL No. 80 s 12 (sec.51M-ssec.1) For section 106ZE (4) of the Act , this section prescribes the matters the chief executive must or may consider in deciding, under section 106ZE (2) of the Act , whether it is appropriate in the circumstances for a development application or change application to be made without— a social impact assessment report; or a community benefit agreement. (sec.51M-ssec.2) The chief executive must consider the following matters— the location, nature and scale of the development requiring social impact assessment the subject of the development application or change application; any assessment of the social impact carried out by the applicant; whether the applicant has engaged with the local government, and the community in the locality of the development, about the development application or change application, including the outcomes of the engagement; whether the applicant and a public sector entity have engaged in a mediation process in relation to the development application or change application, including the outcomes of the mediation process; whether the chief executive has previously given, or been asked to give, a notice under section 106ZE (1) of the Act in relation to the development application or change application. (sec.51M-ssec.3) The chief executive may also consider any other matter the chief executive considers relevant.
- (a) a social impact assessment report; or
- (b) a community benefit agreement.