New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 164

164 Local policy not to be more onerous than this Act or the regulations

(1) If a criterion is prescribed by this Act or the regulations in relation to--

(a) a specified aspect of an activity that may be carried out only with the prior approval of the council, or

(b) a specified aspect of anything for which an order may be given under Part 2,

a local policy adopted under this Part by a council, to the extent to which its provisions impose a more onerous criterion in relation to the specified aspect, is void.

(2) However, for the purposes of this section, the imposition of a criterion in a local policy in relation to a specified aspect, does not, in the absence of the prescription by this Act or the regulations of a criterion in relation to that aspect, constitute a more onerous criterion.