LOCAL GOVERNMENT ACT 2020 - SECT 7 Obligations of Council in relation to declared areas

LOCAL GOVERNMENT ACT 2020 - SECT 7

    (1)     When performing a function or duty or exercising a power under this Act in relation to a declared area, a Council that is a responsible public entity for the purposes of Part 3AAB of the Planning and Environment Act 1987 —

        (a)     must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Council; and

        (b)     must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Council; and

        (c)     must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987 .

S. 7(2) substituted by No. 43/2021 s. 219(Sch. 1 item 7.2).

    (2)     Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to—

        (a)     a declared project within the meaning of the Major Transport Projects Facilitation Act 2009 ; or

        (b)     a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021 .

S. 7A inserted by No. 42/2021 s. 101.