Modification of provisions of the Act in relation to ski resort areas
11 Modification of provisions of the Act in relation to ski resort areas
The provisions of the Act are modified as set out in this clause in relation to a ski resort area.
Section 4.18(2) does not require notice to be given to a council of the determination of a development application relating to a ski resort area.
Section 6.6(2)(c) does not require a notification to be given to a council in respect of a development consent relating to a ski resort area.
A reference in section 6.6(2)(e) or 6.12(2)(c) and 4.58(1) to a council is to be read as a reference to the Minister.
Section 81A(4)(b)(ii) does not require notice to be given to a council where the development consent concerned relates to a ski resort area.
The reference in section 4.58(1) to a council is to be read as a reference to the Director-General.
The reference in section 4.58(2) to the office of the council is to be read as a reference to the office of the Department of Planning located at Jindabyne.
Section 6.31(3) does not require copies of notices to be sent to a council where the development concerned relates to a ski resort area.
A reference in section 118L(2)(a) to the council of the area in which the building is located is to be read as a reference to the Minister.
A reference in section 118L(3) to a council is to be read as a reference to the Director-General.
A reference in section 118L(3) to a person authorised by the council is to be read as a reference to a person authorised by the Director-General.
A reference in section 118L(4) to the council concerned is to be read as a reference to the Director-General.
A reference in section 118M to a council is to be read as a reference to the Director-General.
Section 9.34(1) is to be read as authorising only the Minister to make an order referred to in that subsection.
A reference in Schedule 5 (other than Parts 1, 2, and 3) to a council is to be read as a reference to the Minister.
Sections 121F, 121H(4), 121ZH and 121ZI do not apply within a ski resort area.
Section 121ZE does not apply to a notice or order that relates to a ski resort area.
A reference in section 121ZP(2) to a form determined by the council is to be read as a reference to a form approved by the Minister.
A reference in section 121ZP(2) to a fee determined by the council under the Local Government Act 1993 is to be read as a reference to a fee determined by the Minister.
A reference in Division 2A of Part 6 to an owner of premises, land or a building is, in relation to premises, land or a building within a ski resort area—
if the premises, land or building are or is subject to a lease, licence or easement, to be read as a reference to the lessee, licensee or person who has the benefit of the easement, except as provided by paragraph (b), or
if the reference relates to an order that can only be complied with by a person who is occupying premises, land or a building within a ski resort area, to be read as a reference to the occupier of the premises, land or building.
A reference in sections 6.22–6.26 and 8.25 (other than in the provisions referred to in subclause (22))—
to a council is to be read as a reference to the Minister, and
to an owner of land is, if the land is subject to a lease, licence or easement, to be read as a reference to the lessee, licensee or person who has the benefit of the easement.
Section 6.25(1)(a)(iii), (3)(b) and (4)(b) do not apply in respect of a building information certificate relating to land within a ski resort area.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.