Sustainable Ports Development Act 2015

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—

for a development application—the assessment manager for the application; or

for a change application—the responsible entity for the application.