71Minister to give Suburban Rail Loop planning area declaration to affected Councils

71 Minister to give Suburban Rail Loop planning area declaration to affected Councils

(1) The Minister must give to every Council in whose municipal district land to which a Suburban Rail Loop planning area declaration applies—

(a) a copy of the Suburban Rail Loop planning area declaration; and

(b) a statement containing the prescribed information (if any).

(2) A failure to comply with subsection (1) does not affect the validity or operation of a Suburban Rail Loop planning area declaration.

Part 4—Suburban Rail Loop projects

Division 1—Commencement of projects

72 Declaration of Suburban Rail Loop projects

(1) The Premier may declare a development or proposed development to be a Suburban Rail Loop project.

Section 41A of the Interpretation of Legislation Act 1984 applies to the making of a declaration under subsection (1).

(2) In making a declaration under this section, the Premier must—

(a) be satisfied that the development or proposed development is not prohibited by or under an applicable planning scheme; and

(b) have regard to—

(i) the Suburban Rail Loop program objectives; and

(ii) the Authority's object; and

(iii) the economic, community and social benefit to the State or the area of the State in which the development or proposed development is to be carried out.

(3) For the purpose of subsection (2)(a), a development is not prohibited by or under an applicable planning scheme if—

(a) it is permitted as of right; or

(b) it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or

(c) it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).