Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 28

28 .         Process for preparation and approval of State planning policy

        (1)         The Governor may make regulations prescribing any matter relating to the preparation, submission, approval, amendment or repeal of State planning policies.

        (2)         Without limiting subsection (1), regulations under that subsection may provide for the following —

            (a)         the form and content of a proposed State planning policy or amendment to a State planning policy ( proposed State planning policy or amendment );

            (b)         a proposed State planning policy or amendment to be approved by —

                  (i)         in the case of a proposed State planning policy or amendment to which subparagraph (ii) does not apply — the Governor; and

                  (ii)         in the case of a proposed amendment to a State planning policy that the Commission considers does not constitute a substantial alteration — the Minister;

            (c)         requirements for consultation with any person or body in relation to a proposed State planning policy or amendment;

            (d)         requirements for advertisement for public inspection and public submissions in relation to a proposed State planning policy or amendment;

            (e)         a process by which the Minister may require the Commission to make modifications to a proposed State planning policy or amendment.

        (3)         Regulations made under subsection (1) —

            (a)         may provide that the Commission may refer a proposed State planning policy or amendment to the EPA; and

            (b)         must, in relation to a proposed State planning policy or amendment that is referred to the EPA, make provision for —

                  (i)         matters relating to the process under the EP Act Part IV; and

                  (ii)         advertisement and submissions as referred to in subsection (2)(d).

        [Section 28 inserted: No. 26 of 2020 s. 64.]



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