Victorian Current Acts Victorian Current ActsS. 12AA(1) amended by No. 48/2021 s. 121(2)(a).
(1) An Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—
S. 12AA(1)(a) amended by No. 48/2021 s. 121(2)(b).
(a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Authority; and
S. 12AA(1)(b) amended by No. 48/2021 s. 121(2)(c).
(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Authority; and
(c) must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987 .
S. 12AA(2) substituted by No. 43/2021 s. 219(Sch. 1 item 2.1), amended by No. 48/2021 s. 121(3).
(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a Authority 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S. 12A inserted by No. 49/2017 s. 70, amended by No. 43/2021 s. 219(Sch. 1 item 2.2), repealed by No. 48/2021 s. 122.
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S. 12AB inserted by No. 19/2020 s. 78.