Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 29C

Inclusion of public health matters in Council Plan or strategic plan

29C. Inclusion of public health matters in Council Plan or strategic plan



(1) A Council is not required to comply with section 29B if-

   (a)  the Council complies with this section; and

   (b)  the Secretary grants the Council an exemption from complying with
        section 29B.

(2) If a Council intends to comply with this section, the Council must-

   (a)  address the matters specified in section 29B(2) in the Council Plan to
        be prepared under section 125 of the Local Government Act 1989 or in a
        Strategic Plan prepared and approved by the Council;

   (b)  if the matters specified in section 29B(2) are included in the Council
        Plan, review the Council Plan in accordance with section 125(7) of the
        Local Government Act 1989;

   (c)  if the matters specified in section 29B(2) are included in a Strategic
        Plan, review the Strategic Plan annually.

(3) A Council may apply to the Secretary for an exemption from complying with
section 29B by submitting a draft of the Council Plan or Strategic Plan which
addresses the matters specified in section 29B(2).

(4) If the Secretary is satisfied that the draft Council Plan or Strategic
Plan adequately addresses the matters specified in section 29B(2), the
Secretary must grant the Council an exemption from complying with section 29B.

(5) If the Secretary is not satisfied that the draft Council Plan or Strategic
Plan adequately addresses the matters specified in section 29B(2), the
Secretary must-

   (a)  refuse to grant an exemption from complying with section 29B(2); and

   (b)  advise the Council in writing-

   (i)  of the reasons for refusing to do so; and

   (ii) as to the changes that should be made to the draft Council Plan or
        Strategic Plan.

(6) If a Council has been granted an exemption from complying with section
29B, the Council must give a copy of the current Council Plan or Strategic
Plan to the Secretary if a change is made to the Council Plan or Strategic
Plan which relates to the matters specified in section 29B(2).