sec.76NEffects of step in notice

### sec.76N Effects of step in notice If the Coordinator-General gives a step in notice for a prescribed decision or process— the Coordinator-General 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 Coordinator-General makes a decision, under section 76O , about the prescribed decision or process; and for making the decision, the Coordinator-General has all the powers of the decision maker under the relevant law for the prescribed decision or process; and for making the decision, the Coordinator-General must consider the following— the criteria, if any, for making the prescribed decision under the relevant law for the decision or process; the purposes of this part under section 76A (b) , (c) (i) and (ii) , and (d); the matters relevant to the undertaking of a prescribed project and prescribed under a regulation; another matter relevant to the prescribed decision or process, or the prescribed project to which the decision or process relates, and prescribed under a regulation; and if the prescribed decision or process relates to an application for a development approval or a change application for a development approval (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 a review was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal or review is of no further effect; and despite paragraph (a) , the Coordinator-General’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the Coordinator-General under this Act. Despite subsection (1) (d) (i) , the assessment manager or responsible entity for the application is taken to be a referral agency for the application only until the Coordinator-General makes a decision, under section 76O , about the prescribed decision or process. s 76N ins 2006 No. 54 s 7 amd 2012 No. 43 s 325 sch 2 ; 2016 No. 27 s 535 (sec.76N-ssec.1) If the Coordinator-General gives a step in notice for a prescribed decision or process— the Coordinator-General 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 Coordinator-General makes a decision, under section 76O , about the prescribed decision or process; and for making the decision, the Coordinator-General has all the powers of the decision maker under the relevant law for the prescribed decision or process; and for making the decision, the Coordinator-General must consider the following— the criteria, if any, for making the prescribed decision under the relevant law for the decision or process; the purposes of this part under section 76A (b) , (c) (i) and (ii) , and (d); the matters relevant to the undertaking of a prescribed project and prescribed under a regulation; another matter relevant to the prescribed decision or process, or the prescribed project to which the decision or process relates, and prescribed under a regulation; and if the prescribed decision or process relates to an application for a development approval or a change application for a development approval (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 a review was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal or review is of no further effect; and despite paragraph (a) , the Coordinator-General’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the Coordinator-General under this Act. (sec.76N-ssec.2) Despite subsection (1) (d) (i) , the assessment manager or responsible entity for the application is taken to be a referral agency for the application only until the Coordinator-General makes a decision, under section 76O , about the prescribed decision or process. - (a) the Coordinator-General 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 Coordinator-General makes a decision, under section 76O , about the prescribed decision or process; and - (b) for making the decision, the Coordinator-General 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 Coordinator-General must consider the following— (i) the criteria, if any, for making the prescribed decision under the relevant law for the decision or process; (ii) the purposes of this part under section 76A (b) , (c) (i) and (ii) , and (d); (iii) the matters relevant to the undertaking of a prescribed project and prescribed under a regulation; (iv) another matter relevant to the prescribed decision or process, or the prescribed project to which the decision or process relates, and prescribed under a regulation; and - (i) the criteria, if any, for making the prescribed decision under the relevant law for the decision or process; - (ii) the purposes of this part under section 76A (b) , (c) (i) and (ii) , and (d); - (iii) the matters relevant to the undertaking of a prescribed project and prescribed under a regulation; - (iv) another matter relevant to the prescribed decision or process, or the prescribed project to which the decision or process relates, and prescribed under a regulation; and - (d) if the prescribed decision or process relates to an application for a development approval or a change application for a development approval (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 a review was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal or review is of no further effect; and - (f) despite paragraph (a) , the Coordinator-General’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the Coordinator-General under this Act. - (i) the criteria, if any, for making the prescribed decision under the relevant law for the decision or process; - (ii) the purposes of this part under section 76A (b) , (c) (i) and (ii) , and (d); - (iii) the matters relevant to the undertaking of a prescribed project and prescribed under a regulation; - (iv) another matter relevant to the prescribed decision or process, or the prescribed project to which the decision or process relates, and prescribed under a regulation; 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