Modification of certain approvals
53 Modification of certain approvals
A person who is authorised or permitted to do anything by or under this Act, or a policy, strategy or plan prepared and implemented by the responsible authority for a major event for the purposes of this Act, may do that thing despite the fact that the doing of it is not authorised by or is contrary to, or inconsistent with, the terms or conditions of an approval granted under the Local Government Act 1993.
Without limiting subsection (1), a thing is done under this Act if it is done pursuant to a declaration under section 57.
A person does not breach the terms or conditions of an approval relating to—
the management of waste, being an approval under item 1, 2, 3 or 4 of Part C of the Table to section 68 of the Local Government Act 1993, or
the hours during which an activity may take place, or
the means of access to land or premises, or
the emission of noise, including permissible noise levels, or
the effect of an activity on the amenity of the locality,
by the doing of anything that is reasonably necessary to be done by or under, or as a consequence of the operation of, this Act, that is reasonably necessary to be done in order to comply with or give effect to a policy, strategy or plan prepared and implemented by the responsible authority for the purposes of this Act or that is done pursuant to a declaration under section 57.
A person who is exempt from the requirement to obtain an approval under section 68 of the Local Government Act 1993 does not cease to be exempt from the requirement by the doing of anything that is reasonably necessary to be done under, or as a consequence of the operation of, this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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