VICIn ForceAct
Planning and Environment Act 1987
61ADecisions where responsible authority is a council officer
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61A Decisions where responsible authority is a council officer
(1) This section applies if a council officer has a power, duty or function as a responsible authority.
S. 61A(2) amended by No. 9/2020 s. 390(Sch. 1 item 77.5).
(2) Section 130 of the **Local Government Act 2020** applies to the council officer in relation to the power, duty or function as if he or she were a member of Council staff who has been delegated the power, duty or function by the municipal council.
S. 61A(3) amended by No. 9/2020 s. 390(Sch. 1 item 77.6).
(3) The council officer must delegate the power, duty or function to another council officer of the municipal council if, under section 130 of the **Local Government Act 2020**, the council officer is prohibited from exercising that power or discharging that duty or function because he or she has a conflict of interest.
(4) Any permit issued by the council officer is taken to be a permit issued by the municipal council as the responsible authority (except for the purposes of a review under section 80).
S. 61A(5) def. of *council officer* amended by No. 9/2020 s. 390(Sch. 1 item 77.7).
***council officer*** means—
(a) a Chief Executive Officer within the meaning of section 3(1) of the **Local Government Act 2020**; or
(b) a member of Council staff within the meaning of section 3(1) of the **Local Government Act 2020**.