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PLANNING AND DEVELOPMENT ACT 2005 - SECT 111

PLANNING AND DEVELOPMENT ACT 2005 - SECT 111

111 .         Non-conforming development by local government or public authority, procedure for

        (1)         If —

            (a)         a local government or public authority wishes to carry out within a regional order area any work or undertaking that is not exempted from the operation of the relevant regional interim development order and which, in the opinion of the Commission, would not be in conformity with the proposed region planning scheme for the part of the State in which the regional order area is situated; and

            (b)         after consultation between the local government or public authority and the Commission, agreement is not reached concerning the coordination of that work or undertaking with the proposals to be included in that proposed region planning scheme,

                the Commission may submit the matter to the Minister for determination by the Governor.

        (2)         If —

            (a)         a local government or public authority wishes to carry out within a local order area any work or undertaking that is not exempted from the operation of the relevant local interim development order and which, in the opinion of the local government administering the order, would not be in conformity with the proposed local planning scheme for the district in which the local order area is situated; and

            (b)         after consultation between the local government or public authority wishing to carry out the work or undertaking and the local government administering the order, agreement is not reached concerning the coordination of that work or undertaking with the proposals to be included in that proposed local planning scheme,

                the local government may submit the matter to the Minister for determination by the Governor.

        (3)         The Governor may, by order, in respect of a matter submitted under subsection (1) or (2) for determination —

            (a)         prohibit absolutely or for such period as the Governor thinks fit; or

            (b)         restrict, regulate or permit,

                the carrying out of the work or undertaking or any part of it subject to such conditions as the Governor specifies.

        (4)         An order under subsection (3) has effect subject to any written law with which it is inconsistent.

        [Section 111 amended: No. 8 of 2009 s. 100(2).]