42Minister or public authority may make representations

42 Minister or public authority may make representations

42 Minister or public authority may make representations

(1) A Minister or public authority (other than TfNSW) referred to in section 41 shall not grant or purport to grant a consent, permission, approval or concurrence so referred to but may, with respect to development the subject of a development application so referred to, make representations to the Planning Committee in relation to—

(a) any matter which would, but for section 41, have been relevant to the granting of the Minister’s or authority’s consent, permission, approval or concurrence, and

(b) the matters stated pursuant to section 30 (3) of the Planning Act and applicable in relation to the development application.

(2) The exercise or purported exercise of a function by a Minister or public authority in contravention of this section is of no effect.

s 42: Am 2006 No 123, Sch 2 [7]; 2018 No 18, Sch 2.1 [2].