Planning and Development Act 2024

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Appointment of commissioner to perform functions of planning authority

577. (1) Without prejudice to the powers of the Minister under Part 21 of the Act of 2001, the Minister may appoint a person to be a commissioner to carry out, and have full responsibility for, all or any of the functions of a planning authority under this Act (and in doing so may distinguish between reserved functions and other functions) where the Minister, for stated reasons—

(a) has formed an opinion referred to in subsection (2), and

(b) considers it necessary or appropriate to do so.

(2) The opinion referred to in subsection (1) is an opinion arising from the matters referred to in subsection (3) that a planning authority—

(a) may not be carrying out its functions under this Act in accordance with the requirements of or under this Act,

(b) may not be performing its functions under this Act in a manner which respects the National Planning Framework, regional spatial and economic strategies, development plans, urban area plans, coordinated area plans, priority area plans, the National Marine Planning Framework or maritime spatial plans,

(c) may not be complying with a National Planning Statement, a direction issued under section 65 or 80 or a direction issued under subsection (2) of section 576 ,

(d) may be applying inappropriate standards of administrative practice or otherwise acting contrary to fair or sound administration in the performance of its functions under this Act,

(e) may be applying systemic discrimination in the performance of its functions under this Act,

(f) may be operating in a manner whereby there is impropriety or risks of corruption in the performance of its functions under this Act,

(g) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the performance of its functions under this Act, or

(h) may not be performing its functions under Part 11 appropriately to ensure compliance in its functional area with this Act.

(3) The matters referred to in subsection (2) are:

(a) directions issued by the Minister under section 65 or 80 ;

(b) a report or information arising from a preliminary examination of a complaint under subsection (3) of section 551 ;

(c) a draft report under subsection (1) of section 553 or, where the report has been finalised, the report referred to in subsection (3) of section 553 ;

(d) a report or information arising from a review under subsection (2) or (3) of section 576 ;

(e) information otherwise available to the Minister.

(4) In considering whether it is necessary or appropriate to appoint a commissioner under subsection (1), the Minister may have regard to any loss of public confidence in the carrying out by the planning authority of its functions and the need to restore that confidence.

(5) A commissioner shall be appointed in accordance with such terms and conditions and for such period as may be specified by the Minister.

(6) A planning authority may, on stated grounds based on subsections (1) to (4), by resolution, request the Minister to appoint a commissioner to carry out all or any of the functions of the authority under this Act and the Minister shall have regard to any such request.

(7) It shall be the duty of every member of, and every chief executive and member of staff of, a planning authority to cooperate with, and comply with a request of, a commissioner appointed under this section.

(8) A person who obstructs or impedes, or without reasonable excuse fails to comply with a request of, a commissioner under this section shall be guilty of an offence.

(9) A person who is guilty of an offence under subsection (8) is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or to both.