Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 19

19 .         Planning approval of scheme plan or amendment of scheme plan

        (1)         An application for the required unconditional approval of the Planning Commission of a scheme plan or an amendment of a scheme plan to give effect to a subdivision of land by a strata titles scheme must be in an approved form and accompanied by —

            (a)         the scheme notice or any amendment of the scheme notice proposed to be submitted for registration with the scheme plan or amendment of the scheme plan; and

            (b)         any existing scheme by-laws made under a planning (scheme by-laws) condition; and

            (c)         for a leasehold scheme, any existing or proposed leasehold by-laws providing for postponement of the expiry day for the scheme; and

            (d)         for a strata scheme, an occupancy permit or building approval certificate granted under the Building Act 2011 Part 4 Division 3 for each scheme building shown on the scheme plan or amendment of the scheme plan (as the case requires).

        (2)         An application for the required unconditional approval of the Planning Commission of a scheme plan or an amendment of a scheme plan to give effect to a subdivision of land by a strata titles scheme may be refused unless the Planning Commission is satisfied that —

            (a)         the scheme plan or amendment of the scheme plan is an accurate depiction of the subdivision that has been prepared after completion of the works necessary for the subdivision and, for a strata scheme, the construction or modification of the scheme buildings necessary for the subdivision; and

            (b)         the subdivision and development has been undertaken consistently with —

                  (i)         the approval of the Planning Commission under this Act or the Planning and Development Act 2005 (including the conditions of approval); and

                  (ii)         any relevant approval of development under the Planning and Development Act 2005 (including the conditions of approval);

                and

            (c)         the requirements of the Building Act 2011 have been complied with for the development; and

            (d)         any restricted use condition proposed to be imposed by the scheme plan or amendment of the scheme plan is suitable for the scheme; and

            (e)         scheme by-laws have been or are proposed to be made in accordance with any planning (scheme by-laws) condition.

        [Section 19 inserted: No. 30 of 2018 s. 83.]



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