Obligations of Department Head in relation to declared areas
4AB Obligations of Department Head in relation to declared areas
The Department Head of the Department, when performing a function or duty or exercising a power under this Act in relation to a declared area—
must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Department Head; and
must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Department Head; and
must have regard to the principles set out in section 46AZL.
S. 4AB(2) substituted by No. 43/2021 s. 118.
Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the Department 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. 4AC inserted by No. 19/2020 s. 75.
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