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Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017
32CModification of Act with respect to ski resort areas
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#### 32C Modification of Act with respect to ski resort areas
32C Modification of Act with respect to ski resort areas
> > (1) The regulations may modify the application of any provision of the Act to or in respect of a ski resort area, but only in relation to—
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> > > (a) the person or authority to be responsible for exercising any function, or complying with any requirement, under the Act, under any existing Part 5 approval converted by regulations under this Part or under any certificate, permission or other authority given for the purposes of any such approval, and
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> > > (b) the way in which such functions are to be exercised or such requirements are to be complied with.
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> > (2) Despite any other provision of the Act—
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> > > (a) the Minister is the consent authority for all development applications relating to land within a ski resort area and a regulation made pursuant to this Part can not make a council responsible for exercising any other function referred to in subclause (1), and
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> > > (b) a regulation may be made pursuant to this Part for or with respect to a ski resort area only on the recommendation of the Minister made after consultation with the Minister for the Environment, and
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> > > (c) a State environmental planning policy may be made for or with respect to a ski resort area only on the recommendation of the Minister made after consultation with the Minister for the Environment, and
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> > > (d) any other environmental planning instrument for or with respect to a ski resort area may be made by the Minister only after consultation with the Minister for the Environment.
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> > If the Minister recommends that any such regulation or State environmental planning policy be made, or makes any such other environmental planning instrument, against the advice of the Minister for the Environment, the Minister is to publish the reasons for making the recommendation or instrument in the same Gazette as that in which the regulation, policy or instrument is published.
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> > (3) When consulting with the Minister about whether a recommendation should be made for the making of a regulation or State environmental planning policy, and about whether any other environmental planning instrument should be made, for or with respect to a ski resort area, the Minister for the Environment must take into account whether the proposed regulation, policy or instrument—
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> > > (a) promotes the objects of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), and
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> > > (b) is consistent with the plan of management under that Act for the land concerned.