Environmental Planning and Assessment Act 1979 No 203
Division 1 General
117 Directions by the Minister
(1) The Minister may direct a public authority or person having functions under this Act or an environmental planning instrument to exercise those functions at or within such times as are specified in the direction.(2) In addition to any direction which may be given under subsection (1), the Minister may direct a council:(a) to exercise its functions under Division 4 or 5 of Part 3 in relation to the preparation of a draft local environmental plan in accordance with such principles, not inconsistent with this Act, as are specified in the direction, and(b) without limiting paragraph (a), to include in a draft local environmental plan prepared by the council provisions which will achieve or give effect to such principles or such aims, objectives or policies, not inconsistent with this Act, as are specified in the direction.(3) A public authority or person to whom a direction is given under subsection (1) or (2) shall comply, and is hereby empowered to comply, with the direction in accordance with the terms of the direction.(4) Before giving a direction under subsection (1) or (2), the Minister shall consult with the responsible Minister concerned.
117A, 117B (Repealed)
118 Appointment of environmental planning administrator
(1) Where, as a consequence of a failure, in the opinion of the Minister, of a council to comply with, carry into effect or enforce the provisions of this Act, an environmental planning instrument, a direction under section 55, a direction under section 94A or a direction under section 117, the Minister considers it proper to do so, the Minister may, with the concurrence of the Minister for Local Government, by order published in the Gazette, appoint a person to administer all, or such part as is specified in the order, of the functions conferred or imposed on the council by or under this Act.(2)–(4) (Repealed)(5) Notwithstanding subsection (1), the person shall not enter into contracts in the exercise of the person’s functions except with the consent of the Minister and the concurrence of the Minister for Local Government.(6) The person shall, during the period of the person’s appointment under subsection (1), be deemed to be and have the functions of the council specified in the order of the person’s appointment.(7) In respect of the period of a person’s appointment under subsection (1), there is payable to the Director, for transmission to the Consolidated Revenue Fund, out of the consolidated fund of the council such remuneration and such costs and expenses as the Minister determines with the concurrence of the Minister for Local Government.(8) The regulations may make provision for or with respect to the functions of the person in connection with the person’s appointment and, in particular, for or with respect to:(a) the accommodation, if any, to be provided at the offices of the council for the person and any other persons assisting the person in the exercise of those functions, and(b) requiring officers and employees of the council to render all necessary assistance to the person in the exercise of the person’s functions in accordance with the person’s appointment and any such officers and employees not to obstruct the person in the exercise of the person’s functions.