Planning, Development and Infrastructure Act 2016

On and after the designated day, a reference in the repealed Act to a council's development assessment panel will, subject to subclause (3), be taken to be a reference to an assessment panel appointed by the council under this Act.

In connection with the operation of subclause (1), on and after the designated day—

section 83 of this Act, insofar as it applies to a council as a designated authority, will apply for the purposes of the repealed Act as if it formed part of the repealed Act; and

section

56A of the repealed Act will not apply so as to require a council to establish a council development assessment panel but—

a council otherwise required to establish such a panel under that section will be required to establish 1 or more assessment panels under paragraph (a) instead; and

the functions of the assessment panel established under this clause will be to act as a delegate of the council for the purposes of the repealed Act.

If a council does not appoint an assessment panel envisaged by subclause (1), the Minister may, after consultation with the Commission, constitute a local assessment panel under this subclause.

If the Minister acts under subclause (3)—

section 84 of this Act, insofar as it applies to a local assessment panel, other than section 84(1)(d), will apply for the purposes of the repealed Act as if it formed part of the repealed Act; and

the local assessment panel will act as a delegate of the council as a relevant authority under the repealed Act as if it had received a delegation from the council to the extent determined by the

Minister; and

a reference in the repealed Act to a council's development assessment panel (insofar as it relates to the council) will be taken to be a reference to the local assessment panel.

In connection with the operation of the preceding subclauses, section 85 of this Act will extend to a matter that an assessment panel under this clause must assess under the repealed Act.

Without limiting any provision made under Schedule 5, the regulations under this Act may make provision with respect to the practices or procedures of assessment panels acting under this clause for the purposes of the repealed Act.

An assessment panel acting under this clause may—

adopt any findings or determinations of a council development assessment panel under the repealed Act that may be relevant to an application made before the relevant day under the repealed Act; and

adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application made before the relevant day under the repealed Act; and

deal with any matter that is subject to a reserved decision under the repealed Act before the relevant day; and

deal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act; and

deal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act.

In this clause—

relevant day, in relation to an assessment panel, means the day on which the assessment panel is appointed or constituted under this clause.