Planning and Development Act 2005

Subject to subsections (2) to (4), nothing in this Act interferes with the right of the Crown, or the Governor, or a public authority, or a local government —

to undertake, construct or provide any public work; and

to take land for the purposes of that public work.

Rights referred to in subsection (1) are to be exercised having due regard to —

the purpose and intent of any planning scheme that has effect in the locality where, and at the time when, the right is exercised; and

the orderly and proper planning, and the preservation of the amenity, of that locality at that time; and

any advice provided by the responsible authority in the course of the consultation required under subsection (3) in respect of the exercise of the right.

At the time when a proposal for any public work, or for the taking of land for a public work, is being formulated, the responsible authority is to be consulted as to whether the undertaking, construction or provision of, or the taking of land for, the public work will be consistent with the matters referred to in subsection (2)(a) and (b).

This section does not affect —

the application of section 5(2) and (3); or

the application of a region planning scheme or an improvement scheme in relation to anything done, or proposed to be done, by a public authority that is not an agency of the Crown.