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PLANNING ACT 2016 - SECT 36 Criteria for making or amending designations

PLANNING ACT 2016 - SECT 36

Criteria for making or amending designations

36 Criteria for making or amending designations

(1) To make a designation, a designator must be satisfied that—
(a) the infrastructure will satisfy statutory requirements, or budgetary commitments, for the supply of the infrastructure; or
(b) there is or will be a need for the efficient and timely supply of the infrastructure.
(2) To make or amend a designation, if the designator is the Minister, the Minister must also be satisfied that adequate environmental assessment, including adequate consultation, has been carried out in relation to the development that is the subject of the designation or amendment.
(3) The Minister may, in guidelines prescribed by regulation, set out the process for the environmental assessment and consultation.
(4) The Minister is taken to be satisfied of the matters in subsection (2) if the process in the guidelines is followed.
(5) However, the Minister may be satisfied of the matters in another way.
(6) Sections 10 and 11 apply to the making or amendment of the guidelines as if the guidelines were a State planning policy.
(7) To make or amend a designation, a designator must have regard to—
(a) all planning instruments that relate to the premises; and
(b) any assessment benchmarks, other than in planning instruments, that relate to the development that is the subject of the designation or amendment; and
(c) if the premises are in a State development area under the State Development Act —any approved development scheme for the premises under that Act; and
(ca) if the premises are in a priority development area under the Economic Development Act 2012 —any development scheme for the priority development area under that Act; and
(d) any properly made submissions made as part of the consultation carried out under section 37 ; and
(e) the written submissions of any local government.