Victorian Current Acts

PLANNING AND ENVIRONMENT ACT 1987 - SECT 4AB

    (1)     The Department Head of the Department, when performing a function or duty or exercising a power under this Act in relation to a declared area—

        (a)     must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Department Head; and

        (b)     must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Department Head; and

        (c)     must have regard to the principles set out in section 46AZL.

S. 4AB(2) substituted by No. 43/2021 s. 118.

    (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. 4AC inserted by No. 19/2020 s. 75.