258Limitation on powers of Councils to make local laws

258 Limitation on powers of Councils to make local laws

S. 258(1) amended by No. 9/2020 s. 390(Sch. 1 item 67.2).

(1) A Council must not make a local law under the Local Government Act 2020 for or with respect to—

(a) a project area; or

S. 258(1)(ab) inserted by No. 43/2021 s. 213.

(ab) the doing of anything referred to in section 165B; or

(b) the carrying out of works for the purposes of an approved project (including the timing of works for and standards of construction of those works); or

(c) restricting the use of any road for access to or egress from licensed land or a temporary construction site for the carrying out of works for the purposes of an approved project; or

(d) the retention of trees, vegetation or earthworks in relation to an approved project.

S. 258(2) amended by No. 9/2020 s. 390(Sch. 1 item 67.3).

(2) Without limiting sections 71(2) and (3) and 72 of the Local Government Act 2020, a local law, whether made before or after the commencement of this section, is inoperative to the extent that it makes provision for or with respect to or affecting any matter or thing referred to in subsection (1).

(3) Without limiting subsection (2), a local law is inoperative to the extent that it is inconsistent with the exercise by a project authority of its powers or functions under this Act or any other Act or under a licence or a lease issued or granted under this Act.

(4) Without limiting subsection (2), a local law is inoperative to the extent that it has the effect of, or is exercised in a manner directed at, preventing, hindering or disrupting a project authority or the holder of a licence issued under section 173 or lease granted under section 177 in the performance of an obligation or the pursuit of a right for the purposes of an approved project, if the Governor in Council, by Order published in the Government Gazette, declares it to be inoperative.

S. 258(5) substituted by No. 48/2024 s. 36.

(5) In this section—

temporary construction site means any land entered under the powers under—

(a) Subdivision 1 of Division 7 of Part 6; or

(b) section 165P; or

(c) section 167.

S. 258A inserted by No. 49/2013 s. 68.