LOCAL GOVERNMENT ACT 2009 - SECT 121 Removing unsound decisions

LOCAL GOVERNMENT ACT 2009 - SECT 121

121 Removing unsound decisions

(1) This section applies if the Minister believes—

(a) a decision of the local government is contrary to any law or inconsistent with the local government principles; or

(b) it is otherwise in the public interest to suspend or revoke a decision of the local government.

(2) A
"decision" is—

(a) a resolution; or

(b) an order to give effect to a resolution; or

(c) a planning scheme; or

(d) a part of a decision mentioned in paragraphs (a) to (c) .

(3) The Minister, by a gazette notice, may—

(a) suspend the decision, for a specified period or indefinitely; or

(b) revoke the decision.

(4) The gazette notice must state—

(a) either—

(i) how the decision is contrary to a law or inconsistent with the local government principles; or

(ii) why it is otherwise in the public interest to suspend or revoke the decision; and

(b) if the decision has been suspended, how the decision may be amended so it is no longer—

(i) contrary to the law or inconsistent with the local government principles; or

(ii) in the public interest to suspend the decision.

(5) If the Minister suspends the decision, the decision stops having effect for the period specified in the gazette notice.

(6) If the Minister revokes the decision—

(a) the decision stops having effect on the day specified in the gazette notice; or

(b) if no day is specified in the gazette notice—the decision is taken to never have had effect.

(7) The State is not liable for any loss or expense incurred by a person because a local government’s decision is suspended or revoked under this section.