140Conflict of power

### 140 Conflict of power > > (1)  A public authority is to – > > > > > > (a) have regard to any habitat protection plan or marine resources protected area management plan in exercising any of its powers or performing any of its functions; and > > > > > > > (b) notify the Minister if any power or function conflicts, or is inconsistent with, any provision of a habitat protection plan or marine resources protected area management plan. > > > (2)  The Minister is to refer any matter relating to any conflicting or inconsistent powers or functions to the Minister responsible for administering the Act under which the public authority is exercising those powers or performing those functions. > > > (3)  If the matter is not resolved under [subsection (2)](#GS140@Gs2@EN) , it is to be referred to the Premier for resolution. > > > (4)  Any resolution under this section prevails over any conflict or inconsistency.