sec.5Relationship with particular Acts

sec.5 Relationship with particular Acts

This Act does not affect or limit the functions or powers under the State Development Act of the Coordinator-General, including, for example, the power to impose a condition under part 4 , division 8 of that Act. Also, this Act does not affect or limit— the power of an assessment manager to impose a condition stated in a report of the Coordinator-General under section 39 of the State Development Act ; or a person’s obligation under section 54 of the State Development Act to take into consideration the Coordinator-General’s report; or the obligation on an administering authority under the Environmental Protection Act 1994 , section 205 (2) to impose a condition. To remove any doubt, it is declared that if there is an inconsistency between— an imposed condition; and a deemed condition; the imposed condition prevails to the extent of the inconsistency with the deemed condition. However, a deemed condition prevails over some conditions in the following Acts— the Environmental Protection Act 1994 —see section 714 ; the Marine Parks Act 2004 —see section 151B ; the Nature Conservation Act 1992 —see sections 66A and 100J . In this section— Coordinator-General see schedule 2 of the State Development Act . imposed condition means— a condition imposed under another Act as a result of a power or obligation mentioned in subsection (2) ; or an imposed condition within the meaning of the State Development Act , section 54B (2) . s 5 amd 2014 No. 59 s 9A ; 2016 No. 27 s 205 ; 2019 No. 11 s 231 s ch 1 pt 1 (sec.5-ssec.1) This Act does not affect or limit the functions or powers under the State Development Act of the Coordinator-General, including, for example, the power to impose a condition under part 4 , division 8 of that Act. (sec.5-ssec.2) Also, this Act does not affect or limit— the power of an assessment manager to impose a condition stated in a report of the Coordinator-General under section 39 of the State Development Act ; or a person’s obligation under section 54 of the State Development Act to take into consideration the Coordinator-General’s report; or the obligation on an administering authority under the Environmental Protection Act 1994 , section 205 (2) to impose a condition. (sec.5-ssec.3) To remove any doubt, it is declared that if there is an inconsistency between— an imposed condition; and a deemed condition; the imposed condition prevails to the extent of the inconsistency with the deemed condition. However, a deemed condition prevails over some conditions in the following Acts— the Environmental Protection Act 1994 —see section 714 ; the Marine Parks Act 2004 —see section 151B ; the Nature Conservation Act 1992 —see sections 66A and 100J . (sec.5-ssec.4) In this section— Coordinator-General see schedule 2 of the State Development Act . imposed condition means— a condition imposed under another Act as a result of a power or obligation mentioned in subsection (2) ; or an imposed condition within the meaning of the State Development Act , section 54B (2) .