Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 98

98 .         Making and purpose of order

        (1)         Subject to this Part, if —

            (a)         the Commission is of the opinion that the development of land outside the metropolitan region and within a part of the State in respect of which the Commission has resolved under section 35 to prepare a region planning scheme might materially affect the preparation or implementation of the region planning scheme; and

            (b)         the Minister approves,

                the Commission may make such regional interim development orders as are necessary for regulating, restricting or prohibiting that development.

        (2)         A regional interim development order may be made by the Commission at any time —

            (a)         before the relevant procedures set out in Part 4 have been fully complied with in respect of the region planning scheme; and

            (b)         after the Commission has complied with subsection (3).

        (3)         Before making a regional interim development order the Commission is to —

            (a)         inform each local government of a district which lies within or partly within the area to which the proposed regional interim development order will apply of the proposal; and

            (b)         invite that local government to make submissions on the proposal within 28 days; and

            (c)         provide the Minister with a copy of any submission received under paragraph (b).



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