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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Swan Valley Protection Bill 2016 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Swan Valley 3 5. Act binds Crown 4 Part 2 -- Swan Valley Development Plan 6. Swan Valley Development Plan 5 7. Preparation and submission of development plan proposal 6 8. Requirement for further consultation 7 9. Approval of development plan proposal 8 10. Requirements for notification and publication 9 11. Requirements for documents to be publicly available 10 12. Revocation of development plan 10 13. Instruments prepared under local planning scheme 11 14. Application of Planning and Development Act 2005 to amendments to planning schemes under this Part 11 Part 3 -- Miscellaneous 15. Review of Act 13 16. Delegation 13 17. Protection from liability 13 18. Transitional provision: approval of first development plan 14 19. Regulations 15 209--1 page i Swan Valley Protection Bill 2016 Contents Part 4 -- Repeal and consequential amendments Division 1 -- Repeal 20. Swan Valley Planning Act 1995 repealed 16 Division 2 -- Consequential amendments Subdivision 1 -- Planning and Development Act 2005 amended 21. Act amended 16 22. Section 4 amended 16 23. Section 36 amended 16 24. Section 40 deleted 17 25. Section 47 deleted 17 26. Section 48 amended 17 27. Section 49 amended 17 28. Section 57 amended 17 29. Section 71 amended 18 30. Section 78 deleted 18 31. Section 112 amended 18 32. Section 119 amended 19 33. Section 122B amended 19 34. Section 134 amended 19 Subdivision 2 -- Swan and Canning Rivers Management Act 2006 amended 35. Act amended 19 36. Section 67 amended 19 37. Section 73 amended 20 38. Section 75 amended 20 39. Section 76 amended 21 40. Section 80 amended 21 41. Section 82 amended 21 42. Section 87 amended 21 Schedule 1 -- Map of Swan Valley (indicative only) page ii Western Australia LEGISLATIVE COUNCIL Swan Valley Protection Bill 2016 A Bill for An Act to -- • provide for a Swan Valley Development Plan with the object of protecting the rural character of the Swan Valley; and • repeal the Swan Valley Planning Act 1995; and • make consequential amendments to the Planning and Development Act 2005 and the Swan and Canning Rivers Management Act 2006, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Swan Valley Protection Bill 2016 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Swan Valley Protection Act 2016. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. 10 3. Terms used 11 In this Act -- 12 Commission means the Western Australian Planning 13 Commission established by the Planning and Development 14 Act 2005 section 7; 15 development has the meaning given in the Planning and 16 Development Act 2005 section 4(1); 17 development plan means the Swan Valley Development Plan 18 prepared and approved under Part 2, as in effect from time to 19 time; 20 development plan proposal has the meaning given in 21 section 7(2); 22 EPA means the Environmental Protection Authority continued 23 in existence under the Environmental Protection Act 1986; 24 improvement scheme has the meaning given in the Planning 25 and Development Act 2005 section 4(1); 26 land has the meaning given in the Planning and Development 27 Act 2005 section 4(1); 28 local planning scheme has the meaning given in the Planning 29 and Development Act 2005 section 4(1); page 2 Swan Valley Protection Bill 2016 Preliminary Part 1 s. 4 1 region planning scheme has the meaning given in the Planning 2 and Development Act 2005 section 4(1); 3 responsible authority has the meaning given in the Planning 4 and Development Act 2005 section 4(1); 5 subdivision has the meaning given in the Planning and 6 Development Act 2005 section 4(1); 7 Swan Valley means the area referred to in section 4(1); 8 Swan Valley local government means a local government the 9 local government district of which includes the Swan Valley or 10 part of the Swan Valley; 11 Swan Valley improvement scheme means an improvement 12 scheme that applies to an area that includes the Swan Valley or 13 part of the Swan Valley; 14 Swan Valley local planning scheme means a local planning 15 scheme that applies to an area that includes the Swan Valley or 16 part of the Swan Valley; 17 Swan Valley region planning scheme means a region planning 18 scheme that applies to an area that includes the Swan Valley or 19 part of the Swan Valley; 20 utility services has the meaning given in the Planning and 21 Development Act 2005 section 4(1). 22 4. Swan Valley 23 (1) The Swan Valley is the area outlined in blue on the plan entitled 24 "Swan Valley Development Plan Area" held at the office of the 25 Commission and certified by the Minister as the plan prepared 26 for the purposes of defining the Swan Valley under this Act. 27 (2) In any proceedings, a plan purporting to be a copy of the plan 28 referred to in subsection (1) showing the boundaries of the 29 Swan Valley is evidence of those boundaries. 30 (3) The map in Schedule 1 is indicative of the area of the Swan 31 Valley. page 3 Swan Valley Protection Bill 2016 Part 1 Preliminary s. 5 1 5. Act binds Crown 2 This Act binds the State and, so far as the legislative power of 3 the State permits, the Crown in all its other capacities. page 4 Swan Valley Protection Bill 2016 Swan Valley Development Plan Part 2 s. 6 1 Part 2 -- Swan Valley Development Plan 2 6. Swan Valley Development Plan 3 (1) A plan called the Swan Valley Development Plan is to be 4 prepared and approved in accordance with this Part. 5 (2) The development plan must have the object of ensuring that the 6 rural character of the Swan Valley is protected. 7 (3) The development plan must describe -- 8 (a) the key attributes of the Swan Valley, including the 9 natural environment, landform and the topography of the 10 Swan Valley; and 11 (b) the planning context for the Swan Valley and the region 12 within which the Swan Valley is located. 13 (4) The development plan may make provision, in a manner that is 14 consistent with the object referred to in subsection (2), for and 15 in relation to any of the following -- 16 (a) development and use of land in the Swan Valley; 17 (b) zoning of land in the Swan Valley; 18 (c) subdivision of land in the Swan Valley; 19 (d) development standards to be applied to any development 20 in the Swan Valley; 21 (e) development controls, including requirements for the 22 approval, refusal of approval, or approval subject to 23 conditions, of any use or development of land in the 24 Swan Valley; 25 (f) transport, infrastructure and the provision of utility 26 services in the Swan Valley; 27 (g) other matters that are ancillary or incidental to the 28 matters referred to in paragraphs (a) to (f). 29 (5) The development plan is not subsidiary legislation for the 30 purposes of the Interpretation Act 1984. page 5 Swan Valley Protection Bill 2016 Part 2 Swan Valley Development Plan s. 7 1 7. Preparation and submission of development plan proposal 2 (1) The Minister may, by written notice, request the Commission to 3 prepare and submit to the Minister, within the period specified 4 in the notice -- 5 (a) a proposed development plan; or 6 (b) a proposed amendment to the development plan to 7 address any issue specified in the notice. 8 (2) If the Minister gives the Commission a notice under 9 subsection (1), the Commission must prepare and submit to the 10 Minister the following documents (together called a 11 development plan proposal) -- 12 (a) a proposed development plan or amendment to the 13 development plan in accordance with the notice; 14 (b) any amendment to a Swan Valley region planning 15 scheme that the Commission considers is necessary to 16 make that scheme consistent with, or to give effect to, 17 the proposed development plan; 18 (c) any amendment to a Swan Valley local planning scheme 19 that the Commission considers is necessary to make that 20 scheme consistent with, or to give effect to, the 21 proposed development plan; 22 (d) any amendment to a Swan Valley improvement scheme 23 that the Commission considers is necessary to make that 24 scheme consistent with, or to give effect to, the 25 proposed development plan. 26 (3) A reference in subsection (2)(b), (c) or (d) to the proposed 27 development plan is a reference to -- 28 (a) for a development plan proposal that includes a 29 proposed development plan -- that development plan; 30 or page 6 Swan Valley Protection Bill 2016 Swan Valley Development Plan Part 2 s. 8 1 (b) for a development plan proposal that includes a 2 proposed amendment to the development plan -- the 3 development plan as it would be in effect after that 4 proposed amendment comes into effect. 5 (4) The development plan proposal must be submitted within the 6 period specified in the notice under subsection (1) or a longer 7 period approved in writing by the Minister. 8 (5) Before submitting a development plan proposal to the Minister, 9 the Commission -- 10 (a) must comply with any requirements for public 11 consultation set out in the regulations; and 12 (b) must consult with the EPA and each Swan Valley local 13 government; and 14 (c) may consult with any other public authority or person 15 that the Commission considers is likely to be affected by 16 the development plan proposal; and 17 (d) must have regard to any submissions made as a result of 18 consultation under paragraphs (a) to (c). 19 (6) Consultation under subsection (5)(b) or (c) may be undertaken 20 in any way, and within any period, that the Commission 21 considers appropriate in the circumstances. 22 8. Requirement for further consultation 23 The Minister may, if a development plan proposal is submitted 24 to the Minister under section 7(2) or 9(1), by written notice, 25 require the Commission to -- 26 (a) undertake further consultation as specified in the notice; 27 and 28 (b) provide the Minister with a report on that further 29 consultation. page 7 Swan Valley Protection Bill 2016 Part 2 Swan Valley Development Plan s. 9 1 9. Approval of development plan proposal 2 (1) The Minister may, if a development plan proposal is submitted 3 to the Minister under section 7(2) or this subsection, by written 4 notice to the Commission -- 5 (a) approve the development plan proposal; or 6 (b) require the Commission to -- 7 (i) modify the development plan proposal in a way 8 specified in the notice; and 9 (ii) submit the modified development plan proposal 10 to the Minister for approval; 11 or 12 (c) refuse to approve the development plan proposal. 13 (2) The Minister must not approve a development plan proposal 14 unless the Minister is satisfied that, when the development plan 15 proposal comes into effect, the development plan will comply 16 with section 6. 17 (3) If the Minister approves a development plan proposal -- 18 (a) the development plan, or amendment to the development 19 plan, that forms part of the proposal comes into effect on 20 the day specified under section 10(2)(a) 21 (commencement day); and 22 (b) any amendment to a region planning scheme that forms 23 part of the proposal comes into effect, for the purposes 24 of the Planning and Development Act 2005 and as if it 25 were enacted by that Act, on commencement day; and 26 (c) any amendment to a local planning scheme that forms 27 part of the proposal comes into effect, for the purposes 28 of the Planning and Development Act 2005 and as if it 29 were enacted by that Act, on commencement day; and page 8 Swan Valley Protection Bill 2016 Swan Valley Development Plan Part 2 s. 10 1 (d) any amendment to an improvement scheme that forms 2 part of the proposal comes into effect, for the purposes 3 of the Planning and Development Act 2005 and as if it 4 were enacted by that Act, on commencement day. 5 10. Requirements for notification and publication 6 (1) The Commission must, as soon as is practicable after a 7 development plan proposal is approved under section 9(1)(a) -- 8 (a) give each Swan Valley local government notice of the 9 approval and a copy of each document that forms part of 10 the proposal; and 11 (b) cause the following to be published in the Gazette -- 12 (i) notice of the approval of the proposal; 13 (ii) any amendment to a region planning scheme that 14 forms part of the proposal; 15 (iii) any amendment to a local planning scheme that 16 forms part of the proposal; 17 (iv) any amendment to an improvement scheme that 18 forms part of the proposal. 19 (2) A notice published under subsection (1)(b)(i) of the approval of 20 a development plan proposal must -- 21 (a) specify the day on which the proposal comes into effect; 22 and 23 (b) specify each document that forms part of the proposal; 24 and 25 (c) state that a copy of each document that forms part of the 26 proposal is published on the Commission's website and 27 the address of that website; and 28 (d) state that a copy of each document that forms part of the 29 proposal is available for inspection at the office of the 30 Commission and the office of each Swan Valley local 31 government. page 9 Swan Valley Protection Bill 2016 Part 2 Swan Valley Development Plan s. 11 1 (3) A day specified under subsection (2)(a) must not be earlier than 2 the day on which the notice is published. 3 (4) It is sufficient compliance with subsection (1)(b)(ii), (iii) or (iv) 4 if the amendment to a region planning scheme, local planning 5 scheme or improvement scheme, as the case requires, is 6 published in the Gazette without any maps, plans or diagrams 7 that form part of the amendment. 8 11. Requirements for documents to be publicly available 9 (1) The Commission must, on and from the day on which notice of 10 a development plan proposal is published under 11 section 10(1)(b)(i), ensure that a copy of each document that 12 forms part of the proposal -- 13 (a) is published on the Commission's website; and 14 (b) is available for public inspection at the office of the 15 Commission during ordinary business hours and free of 16 charge. 17 (2) Each Swan Valley local government must, on and from the day 18 on which notice of a development plan proposal is published 19 under section 10(1)(b)(i), ensure that a copy of each document 20 that forms part of the proposal is available for inspection at the 21 office of the local government during ordinary business hours 22 and free of charge. 23 12. Revocation of development plan 24 (1) A development plan may be revoked by -- 25 (a) a subsequent development plan; or 26 (b) an instrument of revocation approved in writing by the 27 Minister. 28 (2) If a development plan is revoked, the Commission must cause 29 notice of that revocation to be published in the Gazette. 30 (3) A revocation under subsection (1)(a) comes into effect when the 31 subsequent development plan comes into effect. page 10 Swan Valley Protection Bill 2016 Swan Valley Development Plan Part 2 s. 13 1 (4) A revocation under subsection (1)(b) comes into effect when 2 notice of the revocation is published under subsection (2) or on 3 a later day that is specified in that notice. 4 13. Instruments prepared under local planning scheme 5 As soon as is practicable after an amendment to a Swan Valley 6 local planning scheme comes into effect under section 9(3)(c), 7 the local government that is the responsible authority for the 8 local planning scheme must amend any policy, strategy, plan or 9 other instrument made by the local government under the local 10 planning scheme to ensure that it is consistent with the 11 development plan. 12 14. Application of Planning and Development Act 2005 to 13 amendments to planning schemes under this Part 14 (1) The Planning and Development Act 2005 Part 4 Divisions 2, 15 3 and 4 do not apply in relation to an amendment to a region 16 planning scheme under this Part. 17 (2) The following do not apply in relation to an amendment to a 18 local planning scheme under this Part -- 19 (a) the Planning and Development Act 2005 sections 79 to 20 83 and Part 5 Division 4; 21 (b) regulations made for the purposes of the Planning and 22 Development Act 2005 section 258. 23 (3) The following do not apply in relation to an amendment to an 24 improvement scheme under this Part -- 25 (a) the Planning and Development Act 2005 sections 79 to 26 83 and Part 5 Division 4 (as applied under 27 section 122B(1) of that Act); 28 (b) the Planning and Development Act 2005 29 section 122B(3A) to (3). page 11 Swan Valley Protection Bill 2016 Part 2 Swan Valley Development Plan s. 14 1 (4) When approving an amendment to a local planning scheme 2 under this Part, the Minister may approve the exclusion from, or 3 variation in, the scheme of a model provision (as defined in the 4 Planning and Development Act 2005 section 257A(1)). page 12 Swan Valley Protection Bill 2016 Miscellaneous Part 3 s. 15 1 Part 3 -- Miscellaneous 2 15. Review of Act 3 (1) The Minister must carry out a review of the operation and 4 effectiveness of this Act as soon as is practicable after the 5 5th anniversary of the commencement of this section. 6 (2) The Minister must -- 7 (a) prepare a report based on the review; and 8 (b) as soon as is practicable after the report is prepared, 9 cause it to be laid before each House of Parliament. 10 16. Delegation 11 (1) The Minister may delegate to another person any power or duty 12 of the Minister under another provision of this Act. 13 (2) A delegation under subsection (1) must be in writing signed by 14 the Minister. 15 (3) A person exercising or performing a power or duty that has been 16 delegated to the person under this section is taken to do so in 17 accordance with the terms of the delegation unless the contrary 18 is shown. 19 (4) This section does not limit the ability of the Minister to perform 20 a function through an officer or agent. 21 17. Protection from liability 22 (1) No action or claim for damages lies against a person for 23 anything that the person has, in good faith, done in the 24 performance or purported performance of a function under this 25 Act. 26 (2) Despite subsection (1), neither the Commission, the State nor a 27 local government is relieved of any liability that it might 28 otherwise have had for another person having done anything 29 described in that subsection. page 13 Swan Valley Protection Bill 2016 Part 3 Miscellaneous s. 18 1 (3) The protection given by this section applies even though the 2 thing done as described in subsection (1) may have been 3 capable of being done whether or not this Act had been enacted. 4 (4) In this section, a reference to the doing of anything includes a 5 reference to an omission to do anything. 6 18. Transitional provision: approval of first development plan 7 (1) In this section -- 8 associated planning scheme amendments, in relation to a 9 proposed development plan, means any amendments to 10 planning schemes that are required to be submitted with the 11 proposed development plan under section 7(2). 12 (2) This section applies in relation to the first development plan 13 approved under this Act. 14 (3) The Commission may submit the proposed first development 15 plan, and the associated planning scheme amendments, to the 16 Minister for approval even if -- 17 (a) the Minister has not made a request under section 7(1); 18 and 19 (b) the requirements for consultation under section 7(5) 20 have not been complied with. 21 (4) Despite section 7(2)(b), (c) and (d), the Commission may 22 submit the proposed first development plan to the Minster for 23 approval under section 7(2) separately from the associated 24 planning scheme amendments. 25 (5) If the Minister approves a proposed development plan submitted 26 in accordance with subsection (4) -- 27 (a) the Commission must as soon as practicable submit the 28 associated planning scheme amendments to the Minister 29 under section 7(2); and 30 (b) during the period that begins when the development plan 31 comes into effect and ends immediately before the page 14 Swan Valley Protection Bill 2016 Miscellaneous Part 3 s. 19 1 associated planning scheme amendments come into 2 effect, the development plan prevails over a Swan 3 Valley region planning scheme, a Swan Valley local 4 planning scheme or a Swan Valley improvement scheme 5 to the extent of any inconsistency. 6 (6) For the purposes of sections 7 to 11, each of the following is to 7 be taken to be a development plan proposal -- 8 (a) a proposed first development plan submitted in 9 accordance with subsection (4); 10 (b) associated planning scheme amendments submitted in 11 accordance with subsection (5). 12 19. Regulations 13 The Governor may make regulations prescribing matters -- 14 (a) required or permitted to be prescribed by this Act; or 15 (b) necessary or convenient to be prescribed for giving 16 effect to this Act. page 15 Swan Valley Protection Bill 2016 Part 4 Repeal and consequential amendments Division 1 Repeal s. 20 1 Part 4 -- Repeal and consequential amendments 2 Division 1 -- Repeal 3 20. Swan Valley Planning Act 1995 repealed 4 The Swan Valley Planning Act 1995 is repealed. 5 Division 2 -- Consequential amendments 6 Subdivision 1 -- Planning and Development Act 2005 amended 7 21. Act amended 8 This Subdivision amends the Planning and Development 9 Act 2005. 10 22. Section 4 amended 11 (1) In section 4(1) delete the definitions of: 12 Swan Valley 13 Swan Valley Planning Committee 14 (2) In section 4(1) insert in alphabetical order: 15 16 Swan Valley has the meaning given in the Swan Valley 17 Protection Act 2016 section 3; 18 19 23. Section 36 amended 20 In section 36: 21 (a) in paragraph (d) delete "Act." and insert: 22 23 Act; or 24 page 16 Swan Valley Protection Bill 2016 Repeal and consequential amendments Part 4 Consequential amendments Division 2 s. 24 1 (b) after paragraph (d) insert: 2 3 (e) to make any provision in respect of any land in 4 the Swan Valley in a manner that is contrary to 5 or inconsistent with the Swan Valley 6 Development Plan in effect under the Swan 7 Valley Protection Act 2016. 8 9 24. Section 40 deleted 10 Delete section 40. 11 25. Section 47 deleted 12 Delete section 47. 13 26. Section 48 amended 14 In section 48(1) delete "Subject to section 47, after -- " and 15 insert: 16 17 After -- 18 19 27. Section 49 amended 20 In section 49 delete the passage that begins with "If -- " and 21 ends with "scheme or amendment under section 48," and insert: 22 23 If the report of the Commission submitted with a scheme or 24 amendment under section 48 25 26 28. Section 57 amended 27 Delete section 57(2). page 17 Swan Valley Protection Bill 2016 Part 4 Repeal and consequential amendments Division 2 Consequential amendments s. 29 1 29. Section 71 amended 2 In section 71: 3 (a) in paragraph (b) delete "Act." and insert: 4 5 Act; or 6 7 (b) after paragraph (b) insert: 8 9 (c) to make any provision in respect of any land in 10 the Swan Valley in a manner that is contrary to 11 or inconsistent with the Swan Valley 12 Development Plan in effect under the Swan 13 Valley Protection Act 2016. 14 15 Note: The heading to amended section 71 is to read: 16 Restrictions on making or amending local planning scheme 17 30. Section 78 deleted 18 Delete section 78. 19 31. Section 112 amended 20 In section 112(3) delete the passage that begins with "the 21 Commission is" and ends with "paragraph (a)." and insert: 22 23 the Commission must have regard to the Swan Valley 24 Development Plan in effect under the Swan Valley Protection 25 Act 2016. 26 page 18 Swan Valley Protection Bill 2016 Repeal and consequential amendments Part 4 Consequential amendments Division 2 s. 32 1 32. Section 119 amended 2 After section 119(3C) insert: 3 4 (3D) An improvement plan must not make provision in 5 respect of any land in the Swan Valley in a manner that 6 is contrary to or inconsistent with the Swan Valley 7 Development Plan in effect under the Swan Valley 8 Protection Act 2016. 9 10 33. Section 122B amended 11 (1) In section 122B(1) after "Sections" insert: 12 13 71(c), 14 15 (2) Delete section 112B(2). 16 34. Section 134 amended 17 Delete section 134(3) to (8). 18 Note: The heading to amended section 134 is to read: 19 Relationship of Part to some other laws 20 Subdivision 2 -- Swan and Canning Rivers Management 21 Act 2006 amended 22 35. Act amended 23 This Subdivision amends the Swan and Canning Rivers 24 Management Act 2006. 25 36. Section 67 amended 26 (1) In section 67 delete the definitions of Swan Valley and Swan 27 Valley Planning Committee. page 19 Swan Valley Protection Bill 2016 Part 4 Repeal and consequential amendments Division 2 Consequential amendments s. 37 1 (2) In section 67 insert in alphabetical order: 2 3 Swan Valley has the meaning given in the Swan Valley 4 Protection Act 2016 section 3. 5 6 37. Section 73 amended 7 (1) In section 73(1): 8 (a) in paragraph (c) delete "development;" and insert: 9 10 development. 11 12 (b) delete paragraph (d). 13 14 (2) In section 73(2) delete "and, where particulars are referred to 15 the Swan Valley Planning Committee, that committee,". 16 (3) In section 73(3)(b) delete "subsection and, where particulars 17 were referred to the Swan Valley Planning Committee, by that 18 Committee," and insert: 19 20 subsection, 21 22 38. Section 75 amended 23 In section 75(3)(a)(ii) delete "section 73(1) and where notice 24 was given to the Swan Valley Planning Committee, that 25 committee; and" and insert: 26 27 section 73(1); and 28 page 20 Swan Valley Protection Bill 2016 Repeal and consequential amendments Part 4 Consequential amendments Division 2 s. 39 1 39. Section 76 amended 2 In section 76(2)(a)(iii) delete "section 75 and where notice was 3 given to the Swan Valley Planning Committee, that committee;" 4 and insert: 5 6 section 75; 7 8 40. Section 80 amended 9 (1) In section 80(2)(d) delete "any recommendation of the Swan 10 Valley Planning Committee in relation to that development," 11 and insert: 12 13 the Swan Valley Development Plan in effect under the Swan 14 Valley Protection Act 2016, 15 16 (2) Delete section 80(5)(a)(iii). 17 41. Section 82 amended 18 In section 82(4)(a) delete "section 73(1) and, where notice was 19 given to the Swan Valley Planning Committee, to that 20 Committee; and" and insert: 21 22 section 73(1); and 23 24 42. Section 87 amended 25 In section 87(2)(a)(iii) delete "section 75 and where notice was 26 given to the Swan Valley Planning Committee, that Committee; 27 and" and insert: 28 29 section 75; and 30 page 21 Swan Valley Protection Bill 2016 Schedule 1 Map of Swan Valley (indicative only) 1 Schedule 1 -- Map of Swan Valley (indicative only) 2 [s. 4(3)] 3 4
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