220ZUNotification of, and consultation concerning, proposed departures from recovery or threat abatement plan

#### 220ZU Notification of, and consultation concerning, proposed departures from recovery or threat abatement plan 220ZU Notification of, and consultation concerning, proposed departures from recovery or threat abatement plan > > (1) A public authority must not exercise a function in a manner that is inconsistent with the implementation of measures included in a plan unless the public authority has given notice of the proposed exercise of the function to the Secretary. > > > (2) The Secretary must, on receiving notice of a proposed departure from a plan from a public authority, advise the Minister whether the exercise of the function in the manner proposed is acceptable or whether it is likely to jeopardise the effective implementation of the plan. > > > (3) If the Minister (having regard to that advice) considers that the departure is acceptable, the Secretary must notify the public authority accordingly. > > > (4) If the Minister (having regard to that advice) considers that the departure is likely to jeopardise the effective implementation of the plan, the Secretary must consult with the public authority in an endeavour to resolve the matter by modification of the action proposed or by other mutually acceptable means. > > > (5) This section does not apply in relation to anything authorised to be done by or under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165) that is reasonably necessary in order to avoid a threat to life or property. > > > (6) This section does not apply in relation to any thing authorised to be done by or under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) in relation to any emergency fire fighting act within the meaning of that Act. > > **s 220ZU:** Ins 1997 No 153, Sch 1 \[9\]. Am 2002 No 67, Sch 5.2 \[3\] \[4\].