Minister may give Commission directions
17 Minister may give Commission directions
The Minister may give written directions to the Commission with respect to the exercise or performance of its functions, either generally or in relation to a particular matter, and the Commission is to give effect to any such direction.
However, the Minister cannot give a direction under subsection (1) in relation to the following —
a particular application made to, or to be determined by, the Commission under any of the following —
a planning scheme;
Part 10, 11B or 17;
another provision of this Act;
another written law;
a particular development or a particular proposed development, including any approval of a particular development or a particular proposed development.
The Minister is to cause the text of any direction given under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given.
If —
at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and
the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
The text of any direction given under subsection (1) is to be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006.
Nothing in this section applies to a direction of the Minister given under the Metropolitan Region Scheme or section 26(1), 32A(1), 51(1), 51(2), 52(2), 62A(1), 63(1) or 67(1).
[Section 17 amended: No. 77 of 2006 Sch. 1 cl. 127(2); No. 26 of 2020 s. 21 and 61; No. 34 of 2023 s. 42; No. 41 of 2024 s. 10.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.