127A

Obligations of Victorian Rail Track in relation to declared areas

In force

(1)

Victorian Rail Track, when performing a function or duty or exercising a power under this Act in relation to a declared area—

(a)

must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on Victorian Rail Track; and

(b)

must have regard to those parts of the Statement of Planning Policy not expressed to be binding on Victorian Rail Track; and

(c)

must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

S. 127A(2) substituted by No. 43/2021 s. 219(Sch. 1 item 11.6).

(2)

Subsection (1) does not apply to the performance of a function or the exercise of a power by Victorian Rail Track in relation to—

(a)

a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b)

a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 127B inserted by No. 19/2020 s. 109.

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