New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 154

154 The Minister may exercise any function concerning an order that a council may exercise

(1) The Minister may exercise any function under this Part that the council may exercise.

(2) This Part (except Division 2) applies to the Minister in the same way as it applies to a council for the purpose of exercising any such function.

(3) The Minister must not give an order to protect public health until after the Minister has consulted the Minister administering the Public Health Act 2010 .

(3A) The Minister must not give an order that relates to an activity that is the subject of a development consent granted under the Environmental Planning and Assessment Act 1979 by the Minister administering that Act until after the Minister has consulted that other Minister. However, the Minister is not required to consult, but must notify, the other Minister in the case of--

(a) an order in terms of order No 15 in the Table to section 124, or

(b) an order given, and expressed to be given, in an emergency.

(4) If the Minister's functions under this section are delegated, a person to whom an order by the Minister's delegate is given may apply to the Minister for a review of the order within 28 days after service of the order.

(5) The Minister's decision on the review is final.

(6) Part 5 (Appeals) does not apply to an order given under this section.

(7) The Minister must forward a copy of an order given under this section to the relevant council.