sec.21Content of port overlay

### sec.21 Content of port overlay The port overlay for a priority port’s master planned area must— state the purpose of the overlay; and state how the priority management measures in the master plan are to be achieved, including the entity responsible for the measures; and include any other matter prescribed by regulation. Also, the port overlay may— for the Planning Act — state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or state assessment benchmarks that assessable development under the port overlay must be assessed against; or state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or for the Transport Infrastructure Act, state the matters a port authority must consider in making or amending a land use plan in relation to the priority port under chapter 8 , part 4 of that Act; or otherwise regulate development in the master planned area by, for example— stating aspects of development that may not take place; or including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area. Subsection (2) (a) and (c) is subject to section 19 (4) . In this section— environmental harm see the Environmental Protection Act , section 14 . s 21 amd 2016 No. 27 s 555B (sec.21-ssec.1) The port overlay for a priority port’s master planned area must— state the purpose of the overlay; and state how the priority management measures in the master plan are to be achieved, including the entity responsible for the measures; and include any other matter prescribed by regulation. (sec.21-ssec.2) Also, the port overlay may— for the Planning Act — state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or state assessment benchmarks that assessable development under the port overlay must be assessed against; or state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or for the Transport Infrastructure Act, state the matters a port authority must consider in making or amending a land use plan in relation to the priority port under chapter 8 , part 4 of that Act; or otherwise regulate development in the master planned area by, for example— stating aspects of development that may not take place; or including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area. (sec.21-ssec.3) Subsection (2) (a) and (c) is subject to section 19 (4) . (sec.21-ssec.4) In this section— environmental harm see the Environmental Protection Act , section 14 . - (a) state the purpose of the overlay; and - (b) state how the priority management measures in the master plan are to be achieved, including the entity responsible for the measures; and - (c) include any other matter prescribed by regulation. - (a) for the Planning Act — (i) state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or (ii) state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or (iii) state assessment benchmarks that assessable development under the port overlay must be assessed against; or (iv) state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or - (i) state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or - (ii) state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or - (iii) state assessment benchmarks that assessable development under the port overlay must be assessed against; or - (iv) state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or - (b) for the Transport Infrastructure Act, state the matters a port authority must consider in making or amending a land use plan in relation to the priority port under chapter 8 , part 4 of that Act; or - (c) otherwise regulate development in the master planned area by, for example— (i) stating aspects of development that may not take place; or (ii) including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area. - (i) stating aspects of development that may not take place; or - (ii) including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area. - (i) state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or - (ii) state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or - (iii) state assessment benchmarks that assessable development under the port overlay must be assessed against; or - (iv) state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or - (i) stating aspects of development that may not take place; or - (ii) including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area.