Planning, Development and Infrastructure Act 2016

The following provisions will apply in relation to an assessment panel constituted by the Minister under Division 1:

the assessment panel will be constituted by the Minister by notice published in the Gazette;

in relation to a combined assessment panel—the Minister may constitute a combined assessment panel if the panel is to act as a relevant authority under this Act and, at the same time, be involved in the assessment of matters relevant to obtaining a licence, permission, consent, approval, authorisation, certificate or other authority under another Act;

in relation to a regional assessment panel—

the

Minister may, in accordance with subparagraph (ii), constitute the panel in relation to an area or areas of the State comprising parts or all of the areas of 2 or more councils and, if the Minister so determines, a part or parts of the State that are not within the area of a council; and

the

Minister may constitute a regional assessment panel if—

2 or more councils request the Minister to constitute a regional assessment panel in relation to their combined areas; or

the

Minister has, after seeking the views of the relevant councils, determined that it is appropriate in the interests of orderly and effective development assessment that a regional assessment panel be constituted in relation to the areas of 2 or more councils (or parts of such areas);

in relation to a local assessment panel—the Minister may only constitute a local assessment panel if the Minister is acting on the recommendation of the Commission under section 86;

the

Minister may, in constituting an assessment panel, make provision with respect to—

the membership of the assessment panel, including—

the number of members, provided that only 1 member of the assessment panel may be a member of a council; and

the procedures to be followed with respect to the appointment of members; and

the terms of office of members; and

conditions of appointment of members (including their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and

the appointment of deputy members; and

the appointment of the presiding member of the assessment panel and the process for appointing an acting presiding member; and

the procedures of the assessment panel;

a member of an assessment panel must disclose his or her financial interests in accordance with Schedule 1;

a member of an assessment panel must not act in relation to a development if he or she has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development;

the costs associated with the activities of a local assessment panel will be the responsibility of the relevant council and may be recovered from the council by the Minister as a debt;

the costs associated with the activities of a regional assessment panel will be shared between the councils for the areas in relation to which the regional assessment panel is constituted in accordance with a scheme set out in the notice under paragraph (a);

the

Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under paragraph (a).

Despite subsection (1)(f), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council.

Without limiting the effect of subsection (1)(g), a person will be taken to have a pecuniary interest in a matter for the purposes of the subsection if an associate of the person has an interest in the matter.

A person who contravenes subsection (1)(g) is guilty of an offence.

Maximum penalty: $20 000.