38Implementation

38 Implementation

38 Implementation

(1) A relevant entity must have regard to the State disaster mitigation plan and any relevant disaster adaptation plan in exercising any of the relevant entity’s functions that are prescribed by the regulations for the purposes of this section.

(2) The Authority must have regard to the State disaster mitigation plan and any relevant disaster adaptation plan in exercising any of the Authority’s functions that are prescribed by the regulations for the purposes of this section.

(3) A local council must have regard to the State disaster mitigation plan and any relevant disaster adaptation plan in exercising the local council’s functions under—

(a) the Environmental Planning and Assessment Act 1979, and

(b) the Local Government Act 1993.

(4) A planning authority, other than a local council, must have regard to the State disaster mitigation plan and any relevant disaster adaptation plan in exercising the planning authority’s functions under the Environmental Planning and Assessment Act 1979.

(5) The regulations may also prescribe circumstances in which a relevant entity, the Authority or a local council or other planning authority is not required to have regard to the State disaster mitigation plan or a relevant disaster adaptation plan.