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This is a Bill, not an Act. For current law, see the Acts databases.


SWAN VALLEY PROTECTION BILL 2016

                     Western Australia


      Swan Valley Protection Bill 2016

                         Contents

       Part 1 -- Preliminary
1.     Short title                                         2
2.     Commencement                                        2
3.     Terms used                                          2
4.     Swan Valley                                         3
5.     Act binds Crown                                     4
       Part 2 -- Swan Valley Development
            Plan
6.     Swan Valley Development Plan                        5
7.     Preparation and submission of development plan
       proposal                                            6
8.     Requirement for further consultation                7
9.     Approval of development plan proposal               8
10.    Requirements for notification and publication       9
11.    Requirements for documents to be publicly
       available                                          10
12.    Revocation of development plan                     10
13.    Instruments prepared under local planning scheme   11
14.    Application of Planning and Development
       Act 2005 to amendments to planning schemes
       under this Part                                    11
       Part 3 -- Miscellaneous
15.    Review of Act                                      13
16.    Delegation                                         13
17.    Protection from liability                          13
18.    Transitional provision: approval of first
       development plan                                   14
19.    Regulations                                        15


                           209--1                          page i
Swan Valley Protection Bill 2016



Contents



              Part 4 -- Repeal and consequential
                   amendments
              Division 1 -- Repeal
      20.     Swan Valley Planning Act 1995 repealed              16
              Division 2 -- Consequential amendments
              Subdivision 1 -- Planning and Development Act 2005
                    amended
      21.     Act amended                                         16
      22.     Section 4 amended                                   16
      23.     Section 36 amended                                  16
      24.     Section 40 deleted                                  17
      25.     Section 47 deleted                                  17
      26.     Section 48 amended                                  17
      27.     Section 49 amended                                  17
      28.     Section 57 amended                                  17
      29.     Section 71 amended                                  18
      30.     Section 78 deleted                                  18
      31.     Section 112 amended                                 18
      32.     Section 119 amended                                 19
      33.     Section 122B amended                                19
      34.     Section 134 amended                                 19
              Subdivision 2 -- Swan and Canning Rivers
                    Management Act 2006 amended
      35.     Act amended                                         19
      36.     Section 67 amended                                  19
      37.     Section 73 amended                                  20
      38.     Section 75 amended                                  20
      39.     Section 76 amended                                  21
      40.     Section 80 amended                                  21
      41.     Section 82 amended                                  21
      42.     Section 87 amended                                  21
              Schedule 1 -- Map of Swan Valley
                  (indicative only)




page ii
                           Western Australia


                      LEGISLATIVE COUNCIL


           Swan Valley Protection Bill 2016

                               A Bill for


An Act to --
•  provide for a Swan Valley Development Plan with the object of
    protecting the rural character of the Swan Valley; and
•  repeal the Swan Valley Planning Act 1995; and
•  make consequential amendments to the Planning and
    Development Act 2005 and the Swan and Canning Rivers
    Management Act 2006,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                           page 1
     Swan Valley Protection Bill 2016
     Part 1         Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Swan Valley Protection Act 2016.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on a day fixed by proclamation,
9                    and different days may be fixed for different provisions.

10   3.       Terms used
11            In this Act --
12            Commission means the Western Australian Planning
13            Commission established by the Planning and Development
14            Act 2005 section 7;
15            development has the meaning given in the Planning and
16            Development Act 2005 section 4(1);
17            development plan means the Swan Valley Development Plan
18            prepared and approved under Part 2, as in effect from time to
19            time;
20            development plan proposal has the meaning given in
21            section 7(2);
22            EPA means the Environmental Protection Authority continued
23            in existence under the Environmental Protection Act 1986;
24            improvement scheme has the meaning given in the Planning
25            and Development Act 2005 section 4(1);
26            land has the meaning given in the Planning and Development
27            Act 2005 section 4(1);
28            local planning scheme has the meaning given in the Planning
29            and Development Act 2005 section 4(1);


     page 2
                                                 Swan Valley Protection Bill 2016
                                                     Preliminary           Part 1

                                                                              s. 4



1               region planning scheme has the meaning given in the Planning
2               and Development Act 2005 section 4(1);
3               responsible authority has the meaning given in the Planning
4               and Development Act 2005 section 4(1);
5               subdivision has the meaning given in the Planning and
6               Development Act 2005 section 4(1);
7               Swan Valley means the area referred to in section 4(1);
8               Swan Valley local government means a local government the
9               local government district of which includes the Swan Valley or
10              part of the Swan Valley;
11              Swan Valley improvement scheme means an improvement
12              scheme that applies to an area that includes the Swan Valley or
13              part of the Swan Valley;
14              Swan Valley local planning scheme means a local planning
15              scheme that applies to an area that includes the Swan Valley or
16              part of the Swan Valley;
17              Swan Valley region planning scheme means a region planning
18              scheme that applies to an area that includes the Swan Valley or
19              part of the Swan Valley;
20              utility services has the meaning given in the Planning and
21              Development Act 2005 section 4(1).

22   4.         Swan Valley
23        (1)   The Swan Valley is the area outlined in blue on the plan entitled
24              "Swan Valley Development Plan Area" held at the office of the
25              Commission and certified by the Minister as the plan prepared
26              for the purposes of defining the Swan Valley under this Act.
27        (2)   In any proceedings, a plan purporting to be a copy of the plan
28              referred to in subsection (1) showing the boundaries of the
29              Swan Valley is evidence of those boundaries.
30        (3)   The map in Schedule 1 is indicative of the area of the Swan
31              Valley.



                                                                          page 3
    Swan Valley Protection Bill 2016
    Part 1         Preliminary

    s. 5



1   5.       Act binds Crown
2            This Act binds the State and, so far as the legislative power of
3            the State permits, the Crown in all its other capacities.




    page 4
                                                Swan Valley Protection Bill 2016
                                   Swan Valley Development Plan           Part 2

                                                                                s. 6



1               Part 2 -- Swan Valley Development Plan
2    6.         Swan Valley Development Plan
3         (1)   A plan called the Swan Valley Development Plan is to be
4               prepared and approved in accordance with this Part.
5         (2)   The development plan must have the object of ensuring that the
6               rural character of the Swan Valley is protected.
7         (3)   The development plan must describe --
8                (a) the key attributes of the Swan Valley, including the
9                      natural environment, landform and the topography of the
10                     Swan Valley; and
11               (b) the planning context for the Swan Valley and the region
12                     within which the Swan Valley is located.
13        (4)   The development plan may make provision, in a manner that is
14              consistent with the object referred to in subsection (2), for and
15              in relation to any of the following --
16                (a) development and use of land in the Swan Valley;
17                (b) zoning of land in the Swan Valley;
18                (c) subdivision of land in the Swan Valley;
19                (d) development standards to be applied to any development
20                       in the Swan Valley;
21                (e) development controls, including requirements for the
22                       approval, refusal of approval, or approval subject to
23                       conditions, of any use or development of land in the
24                       Swan Valley;
25                 (f) transport, infrastructure and the provision of utility
26                       services in the Swan Valley;
27                (g) other matters that are ancillary or incidental to the
28                       matters referred to in paragraphs (a) to (f).
29        (5)   The development plan is not subsidiary legislation for the
30              purposes of the Interpretation Act 1984.


                                                                             page 5
     Swan Valley Protection Bill 2016
     Part 2         Swan Valley Development Plan

     s. 7



1    7.         Preparation and submission of development plan proposal
2         (1)   The Minister may, by written notice, request the Commission to
3               prepare and submit to the Minister, within the period specified
4               in the notice --
5                 (a) a proposed development plan; or
6                 (b) a proposed amendment to the development plan to
7                       address any issue specified in the notice.
8         (2)   If the Minister gives the Commission a notice under
9               subsection (1), the Commission must prepare and submit to the
10              Minister the following documents (together called a
11              development plan proposal) --
12                 (a) a proposed development plan or amendment to the
13                      development plan in accordance with the notice;
14                (b) any amendment to a Swan Valley region planning
15                      scheme that the Commission considers is necessary to
16                      make that scheme consistent with, or to give effect to,
17                      the proposed development plan;
18                 (c) any amendment to a Swan Valley local planning scheme
19                      that the Commission considers is necessary to make that
20                      scheme consistent with, or to give effect to, the
21                      proposed development plan;
22                (d) any amendment to a Swan Valley improvement scheme
23                      that the Commission considers is necessary to make that
24                      scheme consistent with, or to give effect to, the
25                      proposed development plan.
26        (3)   A reference in subsection (2)(b), (c) or (d) to the proposed
27              development plan is a reference to --
28                (a) for a development plan proposal that includes a
29                      proposed development plan -- that development plan;
30                      or




     page 6
                                                 Swan Valley Protection Bill 2016
                                    Swan Valley Development Plan           Part 2

                                                                              s. 8



1                (b)   for a development plan proposal that includes a
2                      proposed amendment to the development plan -- the
3                      development plan as it would be in effect after that
4                      proposed amendment comes into effect.
5         (4)   The development plan proposal must be submitted within the
6               period specified in the notice under subsection (1) or a longer
7               period approved in writing by the Minister.
8         (5)   Before submitting a development plan proposal to the Minister,
9               the Commission --
10                (a) must comply with any requirements for public
11                     consultation set out in the regulations; and
12                (b) must consult with the EPA and each Swan Valley local
13                     government; and
14                (c) may consult with any other public authority or person
15                     that the Commission considers is likely to be affected by
16                     the development plan proposal; and
17                (d) must have regard to any submissions made as a result of
18                     consultation under paragraphs (a) to (c).
19        (6)   Consultation under subsection (5)(b) or (c) may be undertaken
20              in any way, and within any period, that the Commission
21              considers appropriate in the circumstances.

22   8.         Requirement for further consultation
23              The Minister may, if a development plan proposal is submitted
24              to the Minister under section 7(2) or 9(1), by written notice,
25              require the Commission to --
26                (a) undertake further consultation as specified in the notice;
27                      and
28                (b) provide the Minister with a report on that further
29                      consultation.




                                                                           page 7
     Swan Valley Protection Bill 2016
     Part 2         Swan Valley Development Plan

     s. 9



1    9.         Approval of development plan proposal
2         (1)   The Minister may, if a development plan proposal is submitted
3               to the Minister under section 7(2) or this subsection, by written
4               notice to the Commission --
5                 (a) approve the development plan proposal; or
6                 (b) require the Commission to --
7                          (i) modify the development plan proposal in a way
8                               specified in the notice; and
9                         (ii) submit the modified development plan proposal
10                              to the Minister for approval;
11                      or
12                (c) refuse to approve the development plan proposal.
13        (2)   The Minister must not approve a development plan proposal
14              unless the Minister is satisfied that, when the development plan
15              proposal comes into effect, the development plan will comply
16              with section 6.
17        (3)   If the Minister approves a development plan proposal --
18                 (a) the development plan, or amendment to the development
19                      plan, that forms part of the proposal comes into effect on
20                      the day specified under section 10(2)(a)
21                      (commencement day); and
22                (b) any amendment to a region planning scheme that forms
23                      part of the proposal comes into effect, for the purposes
24                      of the Planning and Development Act 2005 and as if it
25                      were enacted by that Act, on commencement day; and
26                 (c) any amendment to a local planning scheme that forms
27                      part of the proposal comes into effect, for the purposes
28                      of the Planning and Development Act 2005 and as if it
29                      were enacted by that Act, on commencement day; and




     page 8
                                                 Swan Valley Protection Bill 2016
                                    Swan Valley Development Plan           Part 2

                                                                             s. 10



1                 (d)   any amendment to an improvement scheme that forms
2                       part of the proposal comes into effect, for the purposes
3                       of the Planning and Development Act 2005 and as if it
4                       were enacted by that Act, on commencement day.

5    10.         Requirements for notification and publication
6          (1)   The Commission must, as soon as is practicable after a
7                development plan proposal is approved under section 9(1)(a) --
8                  (a) give each Swan Valley local government notice of the
9                       approval and a copy of each document that forms part of
10                      the proposal; and
11                 (b) cause the following to be published in the Gazette --
12                         (i) notice of the approval of the proposal;
13                        (ii) any amendment to a region planning scheme that
14                             forms part of the proposal;
15                       (iii) any amendment to a local planning scheme that
16                             forms part of the proposal;
17                       (iv) any amendment to an improvement scheme that
18                             forms part of the proposal.
19         (2)   A notice published under subsection (1)(b)(i) of the approval of
20               a development plan proposal must --
21                 (a) specify the day on which the proposal comes into effect;
22                      and
23                 (b) specify each document that forms part of the proposal;
24                      and
25                 (c) state that a copy of each document that forms part of the
26                      proposal is published on the Commission's website and
27                      the address of that website; and
28                 (d) state that a copy of each document that forms part of the
29                      proposal is available for inspection at the office of the
30                      Commission and the office of each Swan Valley local
31                      government.



                                                                           page 9
     Swan Valley Protection Bill 2016
     Part 2         Swan Valley Development Plan

     s. 11



1          (3)   A day specified under subsection (2)(a) must not be earlier than
2                the day on which the notice is published.
3          (4)   It is sufficient compliance with subsection (1)(b)(ii), (iii) or (iv)
4                if the amendment to a region planning scheme, local planning
5                scheme or improvement scheme, as the case requires, is
6                published in the Gazette without any maps, plans or diagrams
7                that form part of the amendment.

8    11.         Requirements for documents to be publicly available
9          (1)   The Commission must, on and from the day on which notice of
10               a development plan proposal is published under
11               section 10(1)(b)(i), ensure that a copy of each document that
12               forms part of the proposal --
13                 (a) is published on the Commission's website; and
14                 (b) is available for public inspection at the office of the
15                       Commission during ordinary business hours and free of
16                       charge.
17         (2)   Each Swan Valley local government must, on and from the day
18               on which notice of a development plan proposal is published
19               under section 10(1)(b)(i), ensure that a copy of each document
20               that forms part of the proposal is available for inspection at the
21               office of the local government during ordinary business hours
22               and free of charge.

23   12.         Revocation of development plan
24         (1)   A development plan may be revoked by --
25                (a) a subsequent development plan; or
26                (b) an instrument of revocation approved in writing by the
27                      Minister.
28         (2)   If a development plan is revoked, the Commission must cause
29               notice of that revocation to be published in the Gazette.
30         (3)   A revocation under subsection (1)(a) comes into effect when the
31               subsequent development plan comes into effect.

     page 10
                                                  Swan Valley Protection Bill 2016
                                     Swan Valley Development Plan           Part 2

                                                                              s. 13



1          (4)   A revocation under subsection (1)(b) comes into effect when
2                notice of the revocation is published under subsection (2) or on
3                a later day that is specified in that notice.

4    13.         Instruments prepared under local planning scheme
5                As soon as is practicable after an amendment to a Swan Valley
6                local planning scheme comes into effect under section 9(3)(c),
7                the local government that is the responsible authority for the
8                local planning scheme must amend any policy, strategy, plan or
9                other instrument made by the local government under the local
10               planning scheme to ensure that it is consistent with the
11               development plan.

12   14.         Application of Planning and Development Act 2005 to
13               amendments to planning schemes under this Part
14         (1)   The Planning and Development Act 2005 Part 4 Divisions 2,
15               3 and 4 do not apply in relation to an amendment to a region
16               planning scheme under this Part.
17         (2)   The following do not apply in relation to an amendment to a
18               local planning scheme under this Part --
19                 (a) the Planning and Development Act 2005 sections 79 to
20                       83 and Part 5 Division 4;
21                 (b) regulations made for the purposes of the Planning and
22                       Development Act 2005 section 258.
23         (3)   The following do not apply in relation to an amendment to an
24               improvement scheme under this Part --
25                 (a) the Planning and Development Act 2005 sections 79 to
26                       83 and Part 5 Division 4 (as applied under
27                       section 122B(1) of that Act);
28                 (b) the Planning and Development Act 2005
29                       section 122B(3A) to (3).




                                                                          page 11
    Swan Valley Protection Bill 2016
    Part 2         Swan Valley Development Plan

    s. 14



1      (4)    When approving an amendment to a local planning scheme
2             under this Part, the Minister may approve the exclusion from, or
3             variation in, the scheme of a model provision (as defined in the
4             Planning and Development Act 2005 section 257A(1)).




    page 12
                                                   Swan Valley Protection Bill 2016
                                                     Miscellaneous           Part 3

                                                                                 s. 15



1                             Part 3 -- Miscellaneous
2    15.         Review of Act
3          (1)   The Minister must carry out a review of the operation and
4                effectiveness of this Act as soon as is practicable after the
5                5th anniversary of the commencement of this section.
6          (2)   The Minister must --
7                 (a) prepare a report based on the review; and
8                 (b) as soon as is practicable after the report is prepared,
9                      cause it to be laid before each House of Parliament.

10   16.         Delegation
11         (1)   The Minister may delegate to another person any power or duty
12               of the Minister under another provision of this Act.
13         (2)   A delegation under subsection (1) must be in writing signed by
14               the Minister.
15         (3)   A person exercising or performing a power or duty that has been
16               delegated to the person under this section is taken to do so in
17               accordance with the terms of the delegation unless the contrary
18               is shown.
19         (4)   This section does not limit the ability of the Minister to perform
20               a function through an officer or agent.

21   17.         Protection from liability
22         (1)   No action or claim for damages lies against a person for
23               anything that the person has, in good faith, done in the
24               performance or purported performance of a function under this
25               Act.
26         (2)   Despite subsection (1), neither the Commission, the State nor a
27               local government is relieved of any liability that it might
28               otherwise have had for another person having done anything
29               described in that subsection.


                                                                            page 13
     Swan Valley Protection Bill 2016
     Part 3         Miscellaneous

     s. 18



1          (3)   The protection given by this section applies even though the
2                thing done as described in subsection (1) may have been
3                capable of being done whether or not this Act had been enacted.
4          (4)   In this section, a reference to the doing of anything includes a
5                reference to an omission to do anything.

6    18.         Transitional provision: approval of first development plan
7          (1)   In this section --
8                associated planning scheme amendments, in relation to a
9                proposed development plan, means any amendments to
10               planning schemes that are required to be submitted with the
11               proposed development plan under section 7(2).
12         (2)   This section applies in relation to the first development plan
13               approved under this Act.
14         (3)   The Commission may submit the proposed first development
15               plan, and the associated planning scheme amendments, to the
16               Minister for approval even if --
17                 (a) the Minister has not made a request under section 7(1);
18                       and
19                 (b) the requirements for consultation under section 7(5)
20                       have not been complied with.
21         (4)   Despite section 7(2)(b), (c) and (d), the Commission may
22               submit the proposed first development plan to the Minster for
23               approval under section 7(2) separately from the associated
24               planning scheme amendments.
25         (5)   If the Minister approves a proposed development plan submitted
26               in accordance with subsection (4) --
27                  (a) the Commission must as soon as practicable submit the
28                       associated planning scheme amendments to the Minister
29                       under section 7(2); and
30                 (b) during the period that begins when the development plan
31                       comes into effect and ends immediately before the


     page 14
                                                  Swan Valley Protection Bill 2016
                                                    Miscellaneous           Part 3

                                                                               s. 19



1                       associated planning scheme amendments come into
2                       effect, the development plan prevails over a Swan
3                       Valley region planning scheme, a Swan Valley local
4                       planning scheme or a Swan Valley improvement scheme
5                       to the extent of any inconsistency.
6          (6)   For the purposes of sections 7 to 11, each of the following is to
7                be taken to be a development plan proposal --
8                  (a) a proposed first development plan submitted in
9                        accordance with subsection (4);
10                 (b) associated planning scheme amendments submitted in
11                       accordance with subsection (5).

12   19.         Regulations
13               The Governor may make regulations prescribing matters --
14                (a) required or permitted to be prescribed by this Act; or
15                (b) necessary or convenient to be prescribed for giving
16                     effect to this Act.




                                                                           page 15
     Swan Valley Protection Bill 2016
     Part 4         Repeal and consequential amendments
     Division 1     Repeal
     s. 20



1           Part 4 -- Repeal and consequential amendments
2                                  Division 1 -- Repeal
3    20.         Swan Valley Planning Act 1995 repealed
4                The Swan Valley Planning Act 1995 is repealed.

5                    Division 2 -- Consequential amendments
6          Subdivision 1 -- Planning and Development Act 2005 amended

7    21.         Act amended
8                This Subdivision amends the Planning and Development
9                Act 2005.

10   22.         Section 4 amended
11         (1)   In section 4(1) delete the definitions of:
12               Swan Valley
13               Swan Valley Planning Committee
14         (2)   In section 4(1) insert in alphabetical order:
15

16                     Swan Valley has the meaning given in the Swan Valley
17                     Protection Act 2016 section 3;
18


19   23.         Section 36 amended
20               In section 36:
21                 (a) in paragraph (d) delete "Act." and insert:
22

23                       Act; or
24




     page 16
                                           Swan Valley Protection Bill 2016
                        Repeal and consequential amendments          Part 4
                                  Consequential amendments      Division 2
                                                                       s. 24



1           (b)   after paragraph (d) insert:
2

3                 (e)    to make any provision in respect of any land in
4                        the Swan Valley in a manner that is contrary to
5                        or inconsistent with the Swan Valley
6                        Development Plan in effect under the Swan
7                        Valley Protection Act 2016.
8


9    24.   Section 40 deleted
10         Delete section 40.

11   25.   Section 47 deleted
12         Delete section 47.

13   26.   Section 48 amended
14         In section 48(1) delete "Subject to section 47, after -- " and
15         insert:
16

17         After --
18


19   27.   Section 49 amended
20         In section 49 delete the passage that begins with "If -- " and
21         ends with "scheme or amendment under section 48," and insert:
22

23         If the report of the Commission submitted with a scheme or
24         amendment under section 48
25


26   28.   Section 57 amended
27         Delete section 57(2).



                                                                    page 17
     Swan Valley Protection Bill 2016
     Part 4         Repeal and consequential amendments
     Division 2     Consequential amendments
     s. 29



1    29.       Section 71 amended
2              In section 71:
3                (a) in paragraph (b) delete "Act." and insert:
4

5                        Act; or
6

7                (b)     after paragraph (b) insert:
8

9                        (c)   to make any provision in respect of any land in
10                             the Swan Valley in a manner that is contrary to
11                             or inconsistent with the Swan Valley
12                             Development Plan in effect under the Swan
13                             Valley Protection Act 2016.
14

15             Note: The heading to amended section 71 is to read:
16                     Restrictions on making or amending local planning scheme

17   30.       Section 78 deleted
18             Delete section 78.

19   31.       Section 112 amended
20             In section 112(3) delete the passage that begins with "the
21             Commission is" and ends with "paragraph (a)." and insert:
22

23             the Commission must have regard to the Swan Valley
24             Development Plan in effect under the Swan Valley Protection
25             Act 2016.
26




     page 18
                                                    Swan Valley Protection Bill 2016
                                 Repeal and consequential amendments          Part 4
                                           Consequential amendments      Division 2
                                                                                s. 32



1    32.          Section 119 amended
2                 After section 119(3C) insert:
3

4                (3D)      An improvement plan must not make provision in
5                          respect of any land in the Swan Valley in a manner that
6                          is contrary to or inconsistent with the Swan Valley
7                          Development Plan in effect under the Swan Valley
8                          Protection Act 2016.
9


10   33.          Section 122B amended
11         (1)    In section 122B(1) after "Sections" insert:
12

13                71(c),
14

15         (2)    Delete section 112B(2).

16   34.          Section 134 amended
17                Delete section 134(3) to (8).
18                Note: The heading to amended section 134 is to read:
19                      Relationship of Part to some other laws

20               Subdivision 2 -- Swan and Canning Rivers Management
21                                Act 2006 amended

22   35.          Act amended
23                This Subdivision amends the Swan and Canning Rivers
24                Management Act 2006.

25   36.          Section 67 amended
26         (1)    In section 67 delete the definitions of Swan Valley and Swan
27                Valley Planning Committee.



                                                                             page 19
     Swan Valley Protection Bill 2016
     Part 4         Repeal and consequential amendments
     Division 2     Consequential amendments
     s. 37



1          (2)   In section 67 insert in alphabetical order:
2

3                       Swan Valley has the meaning given in the Swan Valley
4                       Protection Act 2016 section 3.
5


6    37.         Section 73 amended
7          (1)   In section 73(1):
8                  (a) in paragraph (c) delete "development;" and insert:
9

10                       development.
11

12                (b)    delete paragraph (d).
13

14         (2)   In section 73(2) delete "and, where particulars are referred to
15               the Swan Valley Planning Committee, that committee,".
16         (3)   In section 73(3)(b) delete "subsection and, where particulars
17               were referred to the Swan Valley Planning Committee, by that
18               Committee," and insert:
19

20               subsection,
21


22   38.         Section 75 amended
23               In section 75(3)(a)(ii) delete "section 73(1) and where notice
24               was given to the Swan Valley Planning Committee, that
25               committee; and" and insert:
26

27               section 73(1); and
28




     page 20
                                                  Swan Valley Protection Bill 2016
                               Repeal and consequential amendments          Part 4
                                         Consequential amendments      Division 2
                                                                              s. 39



1    39.         Section 76 amended
2                In section 76(2)(a)(iii) delete "section 75 and where notice was
3                given to the Swan Valley Planning Committee, that committee;"
4                and insert:
5

6                section 75;
7


8    40.         Section 80 amended
9          (1)   In section 80(2)(d) delete "any recommendation of the Swan
10               Valley Planning Committee in relation to that development,"
11               and insert:
12

13               the Swan Valley Development Plan in effect under the Swan
14               Valley Protection Act 2016,
15

16         (2)   Delete section 80(5)(a)(iii).

17   41.         Section 82 amended
18               In section 82(4)(a) delete "section 73(1) and, where notice was
19               given to the Swan Valley Planning Committee, to that
20               Committee; and" and insert:
21

22               section 73(1); and
23


24   42.         Section 87 amended
25               In section 87(2)(a)(iii) delete "section 75 and where notice was
26               given to the Swan Valley Planning Committee, that Committee;
27               and" and insert:
28

29               section 75; and
30



                                                                           page 21
    Swan Valley Protection Bill 2016
    Schedule 1     Map of Swan Valley (indicative only)




1        Schedule 1 -- Map of Swan Valley (indicative only)
2                                                         [s. 4(3)]




3


4




 


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