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ECONOMIC DEVELOPMENT AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 159

Insertion of new s 82A

159 Insertion of new s 82A

After section 82 —
insert—

82A Additional referral agencies for change applications other than for minor changes
(1) This section applies in relation to a change application, other than a change application for a minor change to a development approval.
(2) A regulation may state the following for the change application—
(a) that a person is a referral agency (an
"additional referral agency" ) for the change application;
(b) the matters the additional referral agency—
(i) may, must, or must only assess the change application against; or
(ii) may, must, or must only have regard to in assessing the change application;
(c) that the powers of the additional referral agency for the change application are limited in a particular way.
(3) To remove any doubt, it is declared that the additional referral agency is a referral agency for the change application in addition to a referral agency for the application under section 54(2), as applied under section 82(2).
(4) For assessing and deciding the change application under the relevant provisions, as applied under section 82(2)â€
(a) a reference in the relevant provisions, other than in section 54(2), to a referral agency includes a reference to the additional referral agency; and
(b) despite section 55(2), the additional referral agency—
(i) may, must, or must only assess the change application against the matters stated under subsection (2)(b)(i); and
(ii) may, must, or must only have regard to the matters stated under subsection (2)(b)(ii) in assessing the change application; and
(c) a reference in section 55(3) to section 55(2) includes a reference to paragraph (b); and
(d) a reference in section 56(7)(b) to the matters under section 55(2) includes a reference to the matters mentioned in subsection (2)(b).
(5) In this section—

"relevant provisions" see section 82(6).



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