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This is a Bill, not an Act. For current law, see the Acts databases.


PLANNING LEGISLATION AMENDMENT BILL 2000

                           Western Australia


                      LEGISLATIVE ASSEMBLY



     Planning Legislation Amendment Bill 2000


                               A Bill for


An Act to amend the Metropolitan Region Town Planning Scheme
Act 1959 and the Western Australian Planning Commission Act 1985
and to validate certain acts.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Planning Legislation Amendment
        Act 2000.




                                                              page 1


                               154--1B
     Planning Legislation Amendment Bill 2000



     s. 2




     2.           Commencement
          (1)     Subject to subsection (2), this Act comes into operation on the
                  day on which it receives the Royal Assent.
          (2)     Section 4 comes into operation --
5                   (a) immediately after the Planning Legislation Amendment
                         Act 1999 comes into operation; or
                   (b) on the day on which this Act receives the Royal Assent,
                  whichever is the later.

     3.           Section 45 of the Metropolitan Region Town Planning
10                Scheme Act 1959 replaced and validation
          (1)     Section 45 of the Metropolitan Region Town Planning Scheme
                  Act 1959* is repealed and the following section is inserted
                  instead --
     "
15          45.         Crown bound
                        Except as provided in section 32 of the Town Planning
                        and Development Act 1928, the Metropolitan Region
                        Scheme binds the Crown.
                                                                                    ".
20        (2)     An existing work is not, and never has been, invalid or illegal
                  by reason only that approval for that existing work was not
                  obtained.
          (3)     In subsection (2) --
                  "approval" means approval under the Metropolitan Region
25                     Scheme within the meaning of the Metropolitan Region
                       Town Planning Scheme Act 1959;
                  "existing work" means an undertaking, construction or
                       provision of a public work commenced or completed



     page 2
                                  Planning Legislation Amendment Bill 2000



                                                                          s. 4



                 before the coming into operation of subsection (1) which,
                 by virtue of --
                 (a) section 45 of the Metropolitan Region Town
                       Planning Scheme Act 1959, as amended by
5                      subsection (1); and
                 (b) section 32 of the Town Planning and Development
                       Act 1928,
                 would not have required approval if it had been
                 commenced after the coming into operation of
10               subsection (1).
            [* Reprinted as at 4 February 2000.
               For subsequent amendments see Act No. 24 of 2000.]

     4.     Section 37M of the Western Australian Planning Commission
            Act 1985 replaced
15          Section 37M of the Western Australian Planning Commission
            Act 1985* is repealed and the following section is inserted
            instead --
     "
          37M.    Crown bound
20                Except as provided in section 32 of the Town Planning
                  and Development Act 1928, a regional planning
                  scheme binds the Crown.
                                                                             ".
            [* Reprinted as at 19 February 1999.
25             For subsequent amendments see Act No. 58 of 1999.]




 


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