(1) If —
(a) a
local government or public authority wishes to carry out within a regional
order area any work or undertaking that is not exempted from the operation of
the relevant regional interim development order and which, in the opinion of
the Commission, would not be in conformity with the proposed region planning
scheme for the part of the State in which the regional order area is situated;
and
(b)
after consultation between the local government or public authority and the
Commission, agreement is not reached concerning the coordination of that work
or undertaking with the proposals to be included in that proposed region
planning scheme,
the Commission may
submit the matter to the Minister for determination by the Governor.
(2) If —
(a) a
local government or public authority wishes to carry out within a local order
area any work or undertaking that is not exempted from the operation of the
relevant local interim development order and which, in the opinion of the
local government administering the order, would not be in conformity with the
proposed local planning scheme for the district in which the local order area
is situated; and
(b)
after consultation between the local government or public authority wishing to
carry out the work or undertaking and the local government administering the
order, agreement is not reached concerning the coordination of that work or
undertaking with the proposals to be included in that proposed local planning
scheme,
the local government
may submit the matter to the Minister for determination by the Governor.
(3) The Governor may,
by order, in respect of a matter submitted under subsection (1) or (2) for
determination —
(a)
prohibit absolutely or for such period as the Governor thinks fit; or
(b)
restrict, regulate or permit,
the carrying out of
the work or undertaking or any part of it subject to such conditions as the
Governor specifies.
(4) An order under
subsection (3) has effect subject to any written law with which it is
inconsistent.
[Section 111 amended: No. 8 of 2009 s. 100(2).]