(1) The
"assessment manager" for a development application is the person prescribed by
regulation as the assessment manager for the application.
(2) Subject to part
6 , division 3 , the assessment manager for a properly made application is
responsible for—
(a) administering and deciding the application; and
(b)
assessing all or part of the application.
(2A) Without limiting subsection
(1) , a regulation may prescribe that a person is the assessment manager for a
development application that is for part of a particular type of development.
Example—
For building work that must be assessed against the building
assessment provisions and is assessable development under a
local government’s planning scheme, a regulation may prescribe that—
(a) a
private certifier is the assessment manager for a development application for
the part of the building work that must be assessed against the building
assessment provisions; and
(b) the local government is the assessment manager
for a development application for the part of the building work that is
assessable development under the planning scheme.
(2B) Subsection (3)
applies to a development application that—
(a) is for development that
requires code assessment only; and
(b) does not include a variation request.
(3) If—
(a) a regulation prescribes a local government or the chief
executive (each
"the entity" ) to be the assessment manager for the development application;
and
(b) the entity keeps a list of persons who are appropriately qualified to
be an assessment manager in relation to the development the subject of the
application; and
(c) the entity has made or amended its code of conduct under
the Public Sector Ethics Act 1994to apply the code of conduct, including
provisions about conflicts of interest, to persons on the entity’s list; and
(4) As soon as practicable after the
person accepts the application, the person must give a copy of the application
to the prescribed assessment manager.
(5) If a person on an entity’s list
of persons kept under subsection (3) is removed from the list because the
person has not complied with an agreement under that subsection—