Western Australian Current Acts Western Australian Current Acts (1) This Division
(other than this section) does not apply to a development that was lawfully
being carried out on land immediately before an improvement scheme applied to
the land.
(2) A development
referred to in subsection (1) or in respect of which all necessary approvals
under the relevant region planning scheme and local planning scheme were in
force immediately before the improvement scheme applied to the land —
(a) may
be lawfully carried out as if this Division had not been enacted; and
(b) is
governed by those schemes despite section 122D.
(3) Despite
subsections (1) and (2) —
(a) an
improvement scheme may prohibit wholly or partially —
(i)
the continuance of a non-conforming use; or
(ii)
the erection, alteration or extension on land of any
building in connection with, or in furtherance of, a non-conforming use;
and
(b) this
Division applies to a development affected by a prohibition under paragraph
(a) accordingly.
(4) In subsection (3)
—
non-conforming use means a use of land which,
though lawful immediately before the improvement scheme, or an amendment to
the improvement scheme, takes effect, is not in conformity with a provision of
the improvement scheme that deals with a matter specified in Schedule 7 clause
6 or 7.
[Section 122C inserted: No. 28 of 2010 s. 11;
amended: No. 34 of 2023 s. 29.]