Local Government Act 1993
164Local policy not to be more onerous than this Act or the regulations
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164 Local policy not to be more onerous than this Act or the regulations
164 Local policy not to be more onerous than this Act or the regulations
(1) If a criterion is prescribed by this Act or the regulations in relation to—
(a) a specified aspect of an activity that may be carried out only with the prior approval of the council, or
(b) a specified aspect of anything for which an order may be given under Part 2,
a local policy adopted under this Part by a council, to the extent to which its provisions impose a more onerous criterion in relation to the specified aspect, is void.
(2) However, for the purposes of this section, the imposition of a criterion in a local policy in relation to a specified aspect, does not, in the absence of the prescription by this Act or the regulations of a criterion in relation to that aspect, constitute a more onerous criterion.
s 164: Am 1994 No 44, Sch 3 (13).