Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PLANNING AND DEVELOPMENT ACT 2005 - SECT 97

97 .         Schemes for Crown lands

        (1)         If Crown land is to be sold, leased or disposed of, the Commission may prepare a scheme in respect of the land.

        (2)         The Commission may prepare a scheme in respect of the land with the general objects and provisions set out in section 69.

        (3)         A scheme prepared under this section, if approved by the Minister and published in the Gazette , has the same effect as a local planning scheme made and approved under this Part.

        (4)         The provisions of this Act, other than Part 10, so far as consistent and applicable, apply to and in respect of a scheme prepared under this section, as if the Commission were the responsible authority.

        (5)         If —

            (a)         a scheme is prepared, approved and published under this section; and

            (b)         Crown land the subject of the scheme is sold, leased or disposed of,

                the Commission, with the approval of the Minister, may —

            (c)         suspend, vary, supplement, or supersede any of the provisions of the scheme; or

            (d)         agree with a local government to be jointly responsible with that local government, as the responsible authority under and for the purposes of the scheme either with respect to all, or part, of the scheme; or

            (e)         agree with a local government that the local government is to be substituted as the responsible authority under and for the purposes of the scheme, either with respect to all, or part, of the scheme.

        (6)         After subsection (7) has been complied with in respect of a scheme to which subsection (5)(e) applies, the scheme is to be taken to be a local planning scheme prepared by the local government substituted as the responsible authority and this Act applies accordingly.

        (7)         Where the Commission exercises a power under subsection (5) and as a result a scheme is amended, the Minister is to cause notice of the amendment to be published in the Gazette .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback