sec.54Effects of step-in notice

### sec.54 Effects of step-in notice If the authority gives a step-in notice for a prescribed decision or prescribed process— the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and for making the decision, the authority must consider the following— the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; the main purpose of this Act; and if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application— the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and despite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act. In this section— appeal includes review. s 54 amd 2016 No. 27 s 402 (sec.54-ssec.1) If the authority gives a step-in notice for a prescribed decision or prescribed process— the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and for making the decision, the authority must consider the following— the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; the main purpose of this Act; and if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application— the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and despite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act. (sec.54-ssec.2) In this section— appeal includes review. - (a) the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and - (b) for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and - (c) for making the decision, the authority must consider the following— (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; (ii) the main purpose of this Act; and - (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; - (ii) the main purpose of this Act; and - (d) if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application— (i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and (ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and - (i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and - (ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and - (e) if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and - (f) despite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act. - (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; - (ii) the main purpose of this Act; and - (i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and - (ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and