A failure to comply with community consultation requirements specified in a gateway determination under s 56(2) of the EPA Act does not invalidate the resulting LEP; invalidity arises only if the community was not given the opportunity to make submissions as required by s 56(8). Where a statutory delegation scheme restricts who may receive delegated authority (here, s 377(1) of the LG Act preventing delegation to council employees other than the general manager), the doctrine of agency cannot be used to circumvent that restriction by authorising the same person to act as agent. The remaining steps after a council resolution to proceed with an LEP — including consultation with Parliamentary Counsel, decisions on savings provisions, and the exercise of the power under s 59(2) — are not merely ministerial or secretarial acts that can be performed by an unauthorised officer.
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