Obligations of Authority in relation to declared areas
10B Obligations of Authority in relation to declared areas
The Authority, 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 Authority; and
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. 10B(2) substituted by No. 43/2021 s. 219(Sch. 1 item 13.2).
Subsection (1) does not apply to the performance of a function or the exercise of a power by the 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. 10C inserted by No. 19/2020 s. 111.
This Act’s bill:Explanatory memorandumSecond reading speech
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