Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 290

290 .         Preparation and approval of planning schemes where process commenced before commencement day

        (1)         In this section —

        amended Act means this Act as amended by the Planning and Development Amendment Act 2020 Part 6 Division 1;

        commencement day means the day on which the Planning and Development Amendment Act 2020 Part 6 Division 1 comes into operation;

        former Act means this Act as in force immediately before commencement day;

        preparation and approval process , in relation to a planning scheme or amendment to a planning scheme —

            (a)         means the process for the preparation or adoption, submission and approval of the scheme or amendment; and

            (b)         includes, without limitation, any consultation, referral, advertisement, hearings, reports and consideration of submissions that occur as part of that process.

        (2)         The regulations may make provision for how the preparation and approval process for a planning scheme or an amendment to a planning scheme is to be completed if —

            (a)         1 or more steps in the preparation and approval process for the scheme or amendment are taken before commencement day under the former Act; but

            (b)         the scheme or amendment is not approved under the former Act before commencement day.

        (3)         Without limiting subsection (2), the regulations may provide that any requirement of the preparation and approval process under the amended Act is taken to be satisfied in relation to a planning scheme or amendment referred to in that subsection in circumstances prescribed by the regulations.

        [Section 290 inserted: No. 26 of 2020 s. 105.]



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