Relationship with particular Acts
5 Relationship with particular Acts
This Act does not affect or limit the functions or powers under the State Development Act of the Coordinator-General, including, for example, the power to impose a condition under part 4, division 8 of that Act.
Also, this Act does not affect or limit—
the power of an assessment manager to impose a condition stated in a report of the Coordinator-General under section 39 of the State Development Act; or
a person’s obligation under section 54 of the State Development Act to take into consideration the Coordinator-General’s report; or
the obligation on an administering authority under the Environmental Protection Act 1994, section 205(2) to impose a condition.
To remove any doubt, it is declared that if there is an inconsistency between—
an imposed condition; and
a deemed condition;
the imposed condition prevails to the extent of the inconsistency with the deemed condition.Note for subsection (3)—
However, a deemed condition prevails over some conditions in the following Acts—
• the Environmental Protection Act 1994—see section 714;
• the Marine Parks Act 2004—see section 151B;
• the Nature Conservation Act 1992—see sections 66A and 100J.
In this section—
Coordinator-General see schedule 2 of the State Development Act.
imposed condition means—
a condition imposed under another Act as a result of a power or obligation mentioned in subsection (2); or
an imposed condition within the meaning of the State Development Act, section 54B(2).
This Act’s bill:Explanatory memorandumSecond reading speech
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