Obligations of Authorities in relation to declared areas
12AA Obligations of Authorities in relation to declared areas
S. 12AA(1) amended by No. 48/2021 s. 121(2)(a).
An Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—
S. 12AA(1)(a) amended by No. 48/2021 s. 121(2)(b).
must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Authority; and
S. 12AA(1)(b) amended by No. 48/2021 s. 121(2)(c).
must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Authority; and
must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.
S. 12AA(2) substituted by No. 43/2021 s. 219(Sch. 1 item 2.1), amended by No. 48/2021 s. 121(3).
Subsection (1) does not apply to the performance of a function or the exercise of a power by a Authority in relation to—
a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.
S. 12A inserted by No. 49/2017 s. 70, amended by No. 43/2021 s. 219(Sch. 1 item 2.2), repealed by No. 48/2021 s. 122.
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S. 12AB inserted by No. 19/2020 s. 78.
12AB Obligations of the Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region
The Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority, when performing a function or duty or exercising a power under this Act or any other Act—
must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road scenic landscapes area; and
must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and
must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road region.
Subsection (1) does not apply to the performance of a function or the exercise of a power by the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.
S. 12B inserted by No. 23/2019 s. 122, repealed by No. 48/2021 s. 123.
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S. 13 amended by No. 39/1998 s. 6(2)(Sch. 1 item 4), substituted by No. 85/2006 s. 151.
This Act’s bill:Second reading speech
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