Part 3Part 3 Adoption of local policies concerning approvals and orders
158 Preparation of draft local policy for approvals
(1) A council may prepare a draft local approvals policy.(2) A draft local approvals policy is to consist of three parts.(3) Part 1 is to specify the circumstances (if any) in which (if the policy were to be adopted) a person would be exempt from the necessity to obtain a particular approval of the council.(4) Part 2 is to specify the criteria (if any) which (if the policy were to be adopted) the council must take into consideration in determining whether to give or refuse an approval of a particular kind.(5) Part 3 is to specify other matters relating to approvals.
159 Preparation of draft local policy for orders
(1) A council may prepare a draft local orders policy.(2) A draft local orders policy is to specify the criteria which (if the policy were to be adopted) the council must take into consideration in determining whether or not to give an order under section 124.
160 Public notice and exhibition of draft local policy
(1) The council must give public notice of a draft local policy after it is prepared.(2) The period of public exhibition must be not less than 28 days.(3) The public notice must also specify a period of not less than 42 days after the date on which the draft local policy is placed on public exhibition during which submissions may be made to the council.(4) The council must, in accordance with its notice, publicly exhibit the draft local policy together with any other matter which it considers appropriate or necessary to better enable the draft local policy and its implications to be understood.
161 Adoption of draft local policy
(1) After considering all submissions received by it concerning the draft local policy, the council may decide:(a) to amend its draft local policy, or(b) to adopt it without amendment, or(c) not to adopt it, except where the adoption of criteria is mandatory.(2) If the council decides to amend its draft local policy, it may publicly exhibit the amended draft local policy in accordance with this Part or, if the council is of the opinion that the amendments are not substantial, it may adopt the amended draft local policy without public exhibition.
162 Director-General’s consent required to exemption from necessity for approval
A council has no power to adopt that part of a draft local approvals policy that specifies circumstances in which (if the policy were to be adopted) a person would be exempt from the necessity to obtain a particular approval of the council, unless the council has received the Director-General’s consent to the adoption of that part.
163 Effect of inconsistency between council’s local policy and this Act or the regulations
A local policy adopted under this Part by a council, to the extent to which it is inconsistent with this Act or the regulations, is void.
164 Local policy not to be more onerous than this Act or the regulations
(1) If a criterion is prescribed by this Act or the regulations in relation to:(a) a specified aspect of an activity that may be carried out only with the prior approval of the council, or(b) a specified aspect of anything for which an order may be given under Part 2,a local policy adopted under this Part by a council, to the extent to which its provisions impose a more onerous criterion in relation to the specified aspect, is void.(2) However, for the purposes of this section, the imposition of a criterion in a local policy in relation to a specified aspect, does not, in the absence of the prescription by this Act or the regulations of a criterion in relation to that aspect, constitute a more onerous criterion.
165 Amendment and revocation of local policy
(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.(2) An amending local policy may deal with the whole or part of the local policy amended.(3) A council may at any time revoke a local policy adopted under this Part.(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.
166 Public notice of adoption of local policy
The council must give public notice, in a form and manner prescribed by the regulations (or, if no form and manner are so prescribed, in a form and manner determined by the council), of the adoption or revocation (other than by section 165 (4)) of a local policy.
167 Public availability of local policy
(1) A local policy adopted under this Part by a council must be available for public inspection free of charge at the office of the council during ordinary office hours.(2) Copies of the local policy must also be available free of charge or, if the council determines, on payment of the approved fee.