In this Part:
Commission means the Planning Assessment Commission.
committee means a committee established under section 22.
planning body means the Planning Assessment Commission, a regional panel, a planning assessment panel or a committee.
(1) The procedure for the calling of meetings of a planning body and for the conduct of business at those meetings is, subject to the Act and this Regulation and any directions by the Minister, to be as determined by the planning body.(2) Subject to this clause, the planning body is not bound by the rules of evidence.(3) Nothing in this Part derogates from any law relating to Crown privilege.
The quorum for a meeting of a planning body is a majority of its members for the time being (including the chairperson).
(1) The chairperson (or, in the absence of the chairperson, a person elected by the members) is to preside at a meeting of a planning body (other than the Commission).(1A) The chairperson of the Commission or a person appointed by the chairperson is to preside at a meeting of the Commission. In the absence of the chairperson or a person appointed by the chairperson, a person elected by the members is to preside at a meeting of the Commission.(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
(1) A decision supported by a majority of the votes cast at a meeting of a planning body at which a quorum is present is the decision of the planning body.(2) This clause does not apply to a committee appointed to act as an advisory body.
A planning body (other than a committee) may (unless the Minister otherwise directs) conduct its meetings in public, and is required to do so for the conduct of any business that is required to be conducted in public by a direction of the Minister.
(1) A planning body may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the planning body for the matter for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the planning body.(2) The planning body may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subclause (1), or(b) a meeting held in accordance with subclause (2),the chairperson and each member of the planning body have the same voting rights as they have at an ordinary meeting of the planning body.(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the planning body.(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The Minister may call the first meeting of the planning body in such manner as the Minister thinks fit.
(1) A planning arbitrator is to remain on the register of planning arbitrators for a period not exceeding 3 years, but is eligible to be relisted on that register.(2) The Minister may remove a planning arbitrator from the register of planning arbitrators if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the removal of the planning arbitrator from office because of corrupt conduct by the planning arbitrator.(3) A planning arbitrator may be removed from the register of planning arbitrators by the Minister at any time without notice and for no reason.(4) A planning arbitrator is not entitled to any remuneration or compensation because of removal from office under this clause.
A committee member is entitled to be paid such remuneration (including travelling and subsistence allowances) as is specified in the member’s instrument of appointment.
(1) The Minister or Director-General may, from time to time, appoint a person to be the alternate of a committee member, and may revoke any such appointment.(2) In the absence of a committee member, the member’s alternate may, if available, act in the place of the member.(3) While acting in the place of a committee member, a person has all the functions of the member and is taken to be a committee member.(4) A person while acting in the place of a committee member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.(5) A person may be appointed as the alternate of 2 or more committee members, but may represent only one of those members at any meeting of the committee.(6) This clause does not operate to confer on the alternate of a member who is the Chairperson of a committee the member’s functions as Chairperson.
(1) The Chairperson must cause minutes to be kept of the proceedings of each meeting of a committee.(2) The Director-General must cause the minutes of meetings of committees to be published on the website of the Department within 3 months of the meetings concerned.
A regional panel must provide the Minister with such information and reports as the Minister may, from time to time, request.
In this Division, a reference to a review of the Commission includes a reference to a public hearing referred to in section 56 (2) (e) of the Act.
The Commission may be constituted by more than 3 members or less than 3 members if directed to be so constituted by the Minister.
(1) The chairperson of the Commission may require a person:(a) to attend a public hearing of the Commission to give evidence, or(b) to produce to the Commission a document that is relevant to a review conducted by the Commission,at a time, date and place specified in a notice given to the person.(2) A person must not, without reasonable excuse, fail to comply with a requirement to attend a public hearing, or to produce a document.(3) The Commission may permit a person appearing as a witness before the Commission to give evidence by tendering a written statement.
(1) The Commission must conduct a public hearing in the following circumstances:(a) if requested to do so by the Minister,(b) if the review concerns a development under Part 4 of the Act or an activity under Part 5 of the Act that, in the opinion of the Commission, may involve the need for an approval under the Water Management Act 2000.(2) Subclauses (3)–(5) apply to any public hearing held by the Commission.(3) The Commission must give reasonable notice of a public hearing:(a) by advertisement published in such newspapers as the Commission thinks fit, to the public, and(b) by notice in writing to any public authorities that the Commission thinks are likely to have an interest in the subject-matter of the hearing.(4) The notice of a public hearing must contain the following matters:(a) the subject-matter of the hearing,(b) the time, date and place of the hearing,(c) a statement that submissions may be made to the Commission in relation to the subject-matter of the hearing not later than the date specified in the notice (being a date not less than 14 days after the notice is given).(5) If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that part of a public hearing is to take place in private and give directions as to the persons who may be present.
(1) This clause applies to a review by the Commission of all or any of the environmental aspects of proposed development the subject of a development application or a part of any such proposed development.(2) The consent authority for the proposed development must cause to be given to each concurrence authority and approval body for that development:(a) as soon as practicable after the Commission is requested to hold the review, notice of the fact that a review is to be held, and(b) as soon as practicable after the findings and recommendations of the review have been made public, copies of those findings and recommendations and (in the case of development other than designated development) any comments made by the Minister on them.(3) At any time within 14 days after receiving a copy of the findings and recommendations arising from the review:(a) a concurrence authority may vary any conditions that it may previously have imposed in relation to its concurrence to the development, and(b) an approval body may vary any general terms of approval that it may previously have given in relation to the development.
(1) The Commission must cause notice to be given to the Minister for Water if, before or at any time up to the conclusion of a review held by it into:(a) the environmental aspects of any proposed development the subject of a development application, whether or not it is designated development, or(b) the environmental aspects of any activity referred to in section 112 (1) of the Act,it is of the opinion that the development or activity may involve the need for an approval under the Water Management Act 2000.(2) For the purposes of this clause, a review is concluded when the Commission provides its final report on the inquiry to the Minister under clause 268V.(3) The Commission must also cause notice to be given to the applicant for the development, or the proponent of the activity, advising that the application for an approval should be made promptly if it has not already been made.(4) The Commission must defer concluding its review for sufficient time to enable:(a) the applicant or proponent to apply for an approval, and(b) any objectors to object to the granting of an approval,under the Water Management Act 2000.(5) As soon as practicable after the applicant’s or proponent’s application for an approval is referred to it under section 94 of the Water Management Act 2000, the Commission must give notice of the public hearing in accordance with this Division.(6) In addition to considering any submissions that are made to it in the course of its review, the Commission must consider:(a) the application for an approval, and(b) any objection to the granting of an approval that has been referred to it under section 94 of the Water Management Act 2000.(7) In any report prepared by it, the Commission must include findings and recommendations with respect to:(a) the question of whether or not an approval should be granted, and(b) the period, term, limitations and conditions of any such approval.(8) The Commission must cause a copy of any such report to be given to the Minister for Water.
(1) If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that evidence given before the Commission or contained in documents lodged with the Commission not be published or may only be published subject to restrictions.(2) A person must not, without reasonable excuse, fail to comply with a direction given by the Commission under this clause.
(1) The Commission must provide a copy of its findings and recommendations on a review conducted by it (a final report) to the Minister, or such other person or body as the Minister may direct, and may provide a copy to such other persons as the Commission thinks fit.(2) A final report must contain a summary of any submissions received by it in relation to the subject-matter of the review.(3) The Commission must also provide a copy of a final report on a review relating wholly or partly to development the subject of a development application to:(a) the consent authority, and(b) any public authority whose concurrence is required to the development.(4) A final report is to be made publicly available on the website of the Department within a reasonable time after it has been provided to the Minister.
(1) The Commission must provide the following to the Minister:(a) an annual report on its operations and reviews in the preceding year,(b) any other information and reports requested by the Minister.(2) An annual report is to be made publicly available on the website of the Department within a reasonable time after it has been provided to the Minister.
A council must provide an annual report to the Director-General as to the following:(a) the number of independent hearing and assessment panels appointed by the council in the preceding year,(b) the matters referred to the panels in the preceding year,(c) the persons appointed to the panels,(d) decisions made by the council relating to matters referred to the panels, including the reasons for any decision not in accordance with an assessment by a panel,(e) any other matters relating to the exercise of functions by panels as directed by the Director-General.