Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 128

128 .         Breach of s. 124(2), 125 or 127(2), Minister’s powers in case of

        (1)         If a local government does not comply with —

            (a)         section 124(2); or

            (b)         section 125; or

            (c)         not later than 60 days after the giving of the direction concerned, section 127(2),

                the Minister may —

            (d)         cause the relevant local planning scheme or amendment to be prepared or modified as the case requires and forwarded to the local government; and

            (e)         direct the local government to adopt that local planning scheme or amendment as if it were a local planning scheme proposed by owners of land with respect to which the local government might itself have prepared a scheme.

        (2)         A local government is to comply with a direction under subsection (1)(e).

        (3)         If a local government to which a direction has been given under subsection (1)(e) does not comply with the direction within 60 days after the relevant local planning scheme or amendment was forwarded to it, the Minister may approve of the local planning scheme or amendment and cause it to be published in the Gazette in accordance with Part 5.

        (4)         A local planning scheme, or an amendment to an existing local planning scheme, as the case requires, published in the Gazette under subsection (3) takes effect from the date of publication and has effect as if it were made under Part 5.

        (5)         All costs, charges and expenses incurred by the Minister in the exercise of any powers conferred on the Minister by this section may be recovered by the Minister from the local government concerned as a debt due to the Crown or may be deducted from any moneys payable by the Crown to the local government.



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