Western Australian Current Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 124

124 .         Effect of region planning scheme on local planning scheme

        (1)         If a region planning scheme is inconsistent with a local planning scheme, the region planning scheme prevails over the local planning scheme to the extent of the inconsistency.

        (2)         If a region planning scheme is inconsistent with a local planning scheme, the local government of the district in which the land directly affected is situated is to, not later than 90 days after the day on which the region planning scheme has effect, resolve to prepare —

            (a)         a local planning scheme which is consistent with the region planning scheme; or

            (b)         an amendment to the local planning scheme which renders the local planning scheme consistent with the region planning scheme,

                and which does not contain or removes, as the case requires, any provision which would be likely to impede the implementation of the region planning scheme.

        (3)         If a region planning scheme is amended and is inconsistent with a local planning scheme, the local government of the district in which the land directly affected is situated is to, not later than 90 days after the day on which the amendment to the region planning scheme has effect, resolve to prepare in relation to the land —

            (a)         a local planning scheme which is consistent with the region planning scheme; or

            (b)         an amendment to the local planning scheme which renders the local planning scheme consistent with the region planning scheme,

                and which does not contain or removes, as the case requires, any provision which would be likely to impede the implementation of the region planning scheme.

        (4)         In preparing the local planning scheme or amendment the local government is to have due regard to the purpose and planning objectives of the region planning scheme or amendment to the region planning scheme.

        (5)         The local government is to, within such reasonable time after the passing of the resolution as is directed in writing by the Minister, forward to the Minister for approval under section 87 the local planning scheme or amendment it has prepared.

        [Section 124 amended: No. 26 of 2020 s. 50.]