S. 18D(1) amended by Nos 40/2020 s. 10(2), 42/2021 s. 50(2)(a).
(1) The Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—
S. 18D(1)(a) amended by Nos 40/2020 s. 10(3), 42/2021 s. 50(2)(b).
(a) must not act inconsistently with
any part
of a Statement of Planning Policy that is expressed to be
binding on the Secretary, Parks Victoria or the Authority (as the case
requires); and
S. 18D(1)(b) amended by Nos 40/2020 s. 10(3), 42/2021 s. 50(2)(b).
(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Secretary, Parks Victoria or the Authority (as the case requires); and
(c) must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987 .
S. 18D(2) substituted by No. 43/2021 s. 219(Sch. 1 item 3.2).
(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Secretary or Parks Victoria 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. 18E inserted by No. 19/2020 s. 87.