Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 294

294 .         Transitional regulations

        (1)         In this section —

        specified means specified or described in the regulations;

        transitional matter

            (a)         means a matter or issue of a transitional nature that arises as a result of any of the amendments to this Act made by the Planning and Development Amendment Act 2020 ; and

            (b)         includes a saving or application matter.

        (2)         If there is not sufficient provision in this Act for dealing with a transitional matter, regulations may prescribe all matters that are required, or are necessary or convenient, to be prescribed for dealing with the matter.

        (3)         If regulations made under subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the day on which the Planning and Development Amendment Act 2020 Part 17 comes into operation, the regulations have effect according to their terms.

        (4)         If regulations made under subsection (2) contain a provision of a kind described in subsection (3), the provision does not operate so as —

            (a)         to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or

            (b)         to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

        [Section 294 inserted: No. 26 of 2020 s. 105.]

        [Heading inserted: No. 17 of 2022 s. 15.]



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