(1) In this section
—
scheme start day means the day on which the first
Swan Valley Planning Scheme comes into operation under the
Swan Valley Planning Act 2020 .
(2) On and after the
scheme start day, section 138(2) to (4) do not apply in relation to the
Commission giving an approval under section 135 or 136 relating to land in the
Swan Valley (a Swan Valley approval ).
(3) Subject to
subsection (4), in giving a Swan Valley approval on or after the scheme start
day, the Commission —
(a) must
have regard to the provisions of the Swan Valley Planning Scheme; and
(b) must
not give an approval that conflicts with the provisions of the Swan Valley
Planning Scheme.
(4) The Commission may
give a Swan Valley approval that conflicts with the provisions of the Swan
Valley Planning Scheme on or after the scheme start day if the approval is
given in circumstances set out in the regulations.
[Section 138A inserted: No. 45 of 2020 s. 79.]