Botanic Gardens and Parks Authority Act 1998

In this section —

For the purposes of protecting, promoting and improving public health in relation to any designated land, the Chief Health Officer has all the powers and authority of a local government under the Local Government Act 1995 as if —

the designated land were a district for the purposes of that Act; and

the Chief Health Officer were the local government for that district.

The power and authority conferred on the Chief Health Officer by subsection (2) includes the power to make and enforce local laws under the Local Government Act 1995.

However —

nothing in the Local Government Act 1995 Part 3 Division 2 Subdivision 2 (other than sections 3.12(5) and (8), 3.14(1) and 3.15) applies to or in respect of the making of local laws by the Chief Health Officer; and

before making local laws, the Chief Health Officer must consult with the Authority, and consider any advice provided by the Authority.

If there is a conflict or inconsistency between a local law made by the Chief Health Officer under subsection (2) and a local law made by a local government under the Local Government Act 1995 or any other Act, the local law made by the Chief Health Officer prevails to the extent of the conflict or inconsistency.