(1) The Department Head of the Department—
(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Department Head when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and
(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Department Head, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.
S. 4AA(2) substituted by No. 43/2021 s. 117.
(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the Department 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. 4AB inserted by No. 17/2018 s. 5.