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Local Government Act 2020
7Obligations of Council in relation to declared areas
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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.