Western Australian Current Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 175

175 .         No compensation if scheme’s provisions are, or could have been, in certain other laws

        (1)         When land is alleged to be injuriously affected by reason of the making or amendment of a planning scheme, no compensation is payable in respect of the injurious affection if or so far as the relevant provisions of the planning scheme are —

            (a)         also contained in any Act, or in any order having the force of an Act of Parliament, in operation in the area; or

            (b)         such as would have been enforceable without compensation if they had been contained in local laws.

        (2)         When land is alleged to be injuriously affected by the making of the first Swan Valley Planning Scheme, no compensation is payable in respect of the injurious affection if or so far as the relevant provisions of the Swan Valley Planning Scheme were also contained in a relevant planning scheme (as defined in the Swan Valley Planning Act 2020 section 9) that applied to the Swan Valley before the scheme start day referred to in that section.

        (3)         A reference in this section to provisions includes a reference to maps, plans and diagrams.

        [Section 175 amended: No. 45 of 2020 s. 82.]