Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 230

Limitation on powers to make local laws

    (1)     A Council must not make a local law under the Local Government Act 1989 for or with respect to—

        (a)     the Project area or the Extended Project area; or

        (b)     the carrying out of works for the purposes of the Project (including the timing of works for and standards of construction of those works); or

        (c)     restricting the use of any road for access to or egress from licensed land or a temporary construction site for the carrying out of works for the purposes of the Project; or

        (d)     requiring the retention of trees or vegetation or earthworks in relation to the Project.

    (2)             Without limiting sections 111(2), 111(3) and 111(4) of the Local Government Act 1989 , a local law, whether made before or after the commencement of this section, is inoperative to the extent that it makes provision for or with respect to or affecting any matter or thing referred to in sub-section (1).

    (3)     Without limiting sub-section (2), a local law is inoperative to the extent that it is inconsistent with the exercise by the Freeway Corporation of its powers or functions under this Act or under the Agreement or a Project Document or under a licence or a lease issued or granted under this Act.

    (4)     Without limiting sub-section (2), a local law is inoperative to the extent that it has the effect of, or is exercised in a manner directed at, preventing, hindering or disrupting the Freeway Corporation or the holder of a licence or lease issued or granted under section 90(1) or 103 in the performance of an obligation or the pursuit of a right under the Agreement, if the Governor in Council, by Order published in the Government Gazette, declares it to be inoperative.

    (5)     In this section "temporary construction site" means—

        (a)     any Crown land approved under section 88; or

        (b)     any land entered under the powers in section 74 or 75 of the Land Acquisition and Compensation Act 1986 for the purposes of the Project.



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