Victorian Numbered Acts

PLANNING AND ENVIRONMENT AMENDMENT (VICSMART PLANNING ASSESSMENT) ACT 2012 (NO. 53 OF 2012) - SECT 8

After section 61 of the Planning and Environment Act 1987 insert —

        " 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.

    (2)     Section 80B of the Local Government Act 1989 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.

    (3)     The council officer must delegate the power, duty or function to another council officer of the municipal council if, under section 80B of the Local Government Act 1989 , 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).

    (5)     In this section—

"council officer" means—

        (a)     a Chief Executive Officer within the meaning of section 3(1) of the Local Government Act 1989 ; or

        (b)     a member of Council staff within the meaning of section 3(1) of the Local Government Act 1989 .".