Division 3
In forceLand within limits of another port—assessable development
Schedule 10Development assessment
Division 3 Land within limits of another port—assessable development
| Table 1—Prescribed assessable development within limits of a port | |
|---|---|
| Column 1 | Column 2 |
| 1 Development application requiring referral | Development application for development that is— |
| (a) prescribed assessable development; and | |
| (b) on land below high-water mark and within the limits of a port under the Transport Infrastructure Act | |
| 2 Referral agency | The chief executive of the port authority for the land |
| 3 Limitations on referral agency’s powers | If the development complies with all of the following, the referral agency may give advice only— |
| (a) the development is carried out at a distance of at least 200m from a shipping channel or an entry and exit shipping corridor for the port; | |
| (b) the development is carried out at a distance of at least 100m from a swing basin, a commercial shipping wharf, a mooring, anchorage or spoil grounds; | |
| (c) the development is carried out at a distance of at least 1,000m from a planned port facility identified in a land use plan for strategic port land | |
| 4 Matters referral agency’s assessment must be against | Port authority functions under the Transport Infrastructure Act, chapter 8, part 3 |
| 5 Matters referral agency’s assessment must have regard to | — |
| 6 Matters referral agency’s assessment may be against | — |
| 7 Matters referral agency’s assessment may have regard to | — |
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.