sec.30Application of Planning Act

### sec.30 Application of Planning Act Subject to this section, the Planning Act applies for development on land in a priority port’s master planned area. If there is an inconsistency between this section and the Planning Act , this section prevails to the extent of the inconsistency. Subject to section 19 (4) , if development is stated in the port overlay for a master planned area to be development of a particular type for the Planning Act , the development is taken to be development of that type under that Act. Subsections (5) and (6) apply to a development application or change application to the extent the application is in relation to development— in a priority port’s master planned area; and stated in the port overlay for the master planned area to be assessable development. The decision-maker must, in assessing the application under the Planning Act — if the port overlay states assessment benchmarks for the assessable development—assess the development against the assessment benchmarks; and if the port overlay states matters an assessment manager must have regard to in assessing the assessable development—have regard to the stated matters. The decision-maker’s decision under the Planning Act about the application must not be inconsistent with the port overlay. Subsection (5) does not limit the Planning Act , section 60 , 61 , 81 , 81A or 82 . In this section— decision-maker means— for a development application—the assessment manager for the application; or for a change application—the responsible entity for the application. s 30 amd 2016 No. 27 s 555C ; 2019 No. 11 s 231 s ch 1 pt 1 (sec.30-ssec.1) Subject to this section, the Planning Act applies for development on land in a priority port’s master planned area. (sec.30-ssec.2) If there is an inconsistency between this section and the Planning Act , this section prevails to the extent of the inconsistency. (sec.30-ssec.3) Subject to section 19 (4) , if development is stated in the port overlay for a master planned area to be development of a particular type for the Planning Act , the development is taken to be development of that type under that Act. (sec.30-ssec.4) Subsections (5) and (6) apply to a development application or change application to the extent the application is in relation to development— in a priority port’s master planned area; and stated in the port overlay for the master planned area to be assessable development. (sec.30-ssec.5) The decision-maker must, in assessing the application under the Planning Act — if the port overlay states assessment benchmarks for the assessable development—assess the development against the assessment benchmarks; and if the port overlay states matters an assessment manager must have regard to in assessing the assessable development—have regard to the stated matters. (sec.30-ssec.6) The decision-maker’s decision under the Planning Act about the application must not be inconsistent with the port overlay. (sec.30-ssec.7) Subsection (5) does not limit the Planning Act , section 60 , 61 , 81 , 81A or 82 . (sec.30-ssec.8) In this section— decision-maker means— for a development application—the assessment manager for the application; or for a change application—the responsible entity for the application. - (a) in a priority port’s master planned area; and - (b) stated in the port overlay for the master planned area to be assessable development. - (a) if the port overlay states assessment benchmarks for the assessable development—assess the development against the assessment benchmarks; and - (b) if the port overlay states matters an assessment manager must have regard to in assessing the assessable development—have regard to the stated matters. - (a) for a development application—the assessment manager for the application; or - (b) for a change application—the responsible entity for the application.