Western Australian Current Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 126

126 .         Local planning scheme, amendment of due to region planning scheme

        (1)         If a region planning scheme delineates land comprised in a local planning scheme as a reserve for any public purpose, then the local planning scheme, in so far as it operates in relation to that land, is, by force of this section and without any further action under this Act, amended to such extent (if any) as is necessary to give effect to the reservation under the region planning scheme.

        (2)         Notice of any amendment effected under subsection (1) is to be published in the Gazette .

        (3)         If a region planning scheme delineates, or it is proposed that a region planning scheme delineate, land comprised in a local planning scheme as land in an Urban zone, the Commission may publish in the Gazette a notice amending the local planning scheme, insofar as it operates in relation to that land, so that the land is zoned in the local planning scheme in a manner that is consistent with the objectives of the delineation or proposed delineation under the region planning scheme.

        (4)         The Commission must not publish a notice under subsection (3) amending a local planning scheme until the local government that made or adopted the scheme has been consulted.

        (5)         An amendment in a notice published under subsection (3) takes effect —

            (a)         if the relevant region planning scheme is in operation on the day on which the notice is published under subsection (3) — on that day;

            (b)         otherwise — on the day on which the relevant region planning scheme comes into operation.

        (6)         When an amendment to a local planning scheme takes effect under subsection (5), the local planning scheme is, by force of this subsection and without further action under this Act, amended as set out in the notice.

        [Section 126 amended: No. 28 of 2010 s. 60.]