7Obligations of Council in relation to declared areas

7 Obligations of Council in relation to declared areas (1) When performing a function or duty or exercising a power under this Act in relation to a declared area, a Council that is a responsible public entity for the purposes of Part 3AAB of the **Planning and Environment Act 1987**— (a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Council; and (b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Council; and (c) must have regard to the principles set out in section 46AZL of the **Planning and Environment Act 1987**. S. 7(2) substituted by No. 43/2021 s. 219(Sch. 1 item 7.2). (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to— (a) a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**; or (b) a Suburban Rail Loop project within the meaning of the **Suburban Rail Loop Act 2021**. S. 7A inserted by No. 42/2021 s. 101.