New South Wales Consolidated Acts

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 90

90 Reference of proposed departures to Ministers and Premier

(1) A matter that has not been resolved after consultation between the Director-General and the public authority concerned must be referred by the parties to their respective Ministers.

(2) In the case of a council, the reference is to the Minister administering the Local Government Act 1993 unless the matter relates, in whole or in part, to the exercise of functions under the Planning Act. In that event, the reference is to be to the Minister administering the Planning Act.

(3) The Ministers, on receiving a reference, are to consult in an endeavour to resolve the matter by means that the Ministers consider to be appropriate.

(4) If the Ministers are unable to resolve the matter after consultation, it is to be referred to the Premier for resolution.

(5) A public authority (including the Director-General) must give effect to any decision of, or directions made or given by, the Premier on the matter and is, despite the requirements of any other Act or law, empowered to comply with any such decision or directions.