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CASINO (BURSWOOD ISLAND) AGREEMENT ACT 1985 - SECT 7

CASINO (BURSWOOD ISLAND) AGREEMENT ACT 1985 - SECT 7

7 .         Certain planning laws modified

        (1)         Notwithstanding anything in the Planning and Development Act 2005 or in the Metropolitan Region Scheme but subject to any order made under subsection (2b), the Scheme does not apply to or in relation to the land within the Resort Lands.

        (2)         Notwithstanding anything in —

            (a)         the Local Government (Miscellaneous Provisions) Act 1960 , the Local Government Act 1995 or the Planning and Development Act 2005 , by-laws made under section 248 of the Local Government Act 1960 5 as read with the Second Schedule to the Town Planning and Development Act 1928 6 ; or

            (b)         the Planning and Development Act 2005 , local planning schemes prepared under that Act,

                by the local government of the district within which the Resort Lands are situated do not, subject to any order made under subsection (2b), apply to or in relation to the land referred to in subsection (1).

        (2a)         Whenever any land ceases to form part of the Site by virtue of an order made under section 21F(1b) of the Casino Control Act 1984 , subsections (1) and (2) do not apply to or in relation to that land and that land is reserved under the Metropolitan Region Scheme for “Public Purposes — Special Use”.

        (2b)         The Minister may, on the recommendation of the Casino Control Committee established by the Casino Control Act 1984 , by order declare that subsections (1) and (2) do not apply to or in relation to such part of the Resort Site as is specified in that order, and that order has effect according to its tenor.

        (3)         An order made under subsection (2b) is subsidiary legislation within the meaning of the Interpretation Act 1984 .

        (4)         In this section —

        Metropolitan Region Scheme has the meaning given to that term in the Planning and Development Act 2005 section 4;

        Resort Site and Site have the respective meanings given by the Agreement.

        [Section 7 amended: No. 44 of 1987 s. 7; No. 14 of 1996 s. 4; No. 38 of 2005 s. 15.]