Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 288

288 .         Extension of time for endorsement of diagram or plan of survey of approved subdivision

        (1)         This section applies to —

            (a)         a plan of subdivision approved by the Commission under section 143(1)(a) or (c) before the COVID-19 emergency start date if, immediately before that date —

                  (i)         the Commission had not endorsed its approval on the diagram or plan of survey of the subdivision under section 145(4); and

                  (ii)         the approval of the plan of subdivision had not ceased to have effect under section 145(7);

                or

            (b)         a plan of subdivision approved by the Commission under section 143(1)(a) or (c) on or after the COVID-19 emergency start date if the application for the Commission’s approval of the plan of subdivision was made before that date.

        (2)         Despite any provision of Part 10 Division 2, the period within which the person to whom the approval of the plan of subdivision was given under section 143(1)(a) or (c) must submit, and request approval of, a diagram or plan of survey of the subdivision under section 145(1) is, and is taken always to have been —

            (a)         in relation to a plan of subdivision creating more than 5 lots — the period of 6 years beginning on the day on which the Commission approved the plan of subdivision; and

            (b)         in any other case — the period of 5 years beginning on the day on which the Commission approved the plan of subdivision.

        (3)         The Commission cannot, after the coming into operation of the Planning and Development Amendment Act 2020 Part 12 Division 1, grant an extension under section 145A in relation to the plan of subdivision.

        [Section 288 inserted: No. 26 of 2020 s. 4.]

        [Heading inserted: No. 26 of 2020 s. 105; amended: No. 17 of 2022 s. 13.]

        [Heading inserted: No. 17 of 2022 s. 14.]



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