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HOPE VALLEY-WATTLEUP REDEVELOPMENT ACT 2000 - SECT 34

34 .         Modification of other laws

        (1)         Section 132 of the Planning and Development Act 2005 applies with all necessary modifications for the purpose of carrying out a master plan as if the reference in that section —

            (a)         to a planning scheme were a reference to that master plan; and

            (b)         to the responsible authority were a reference to the Commission; and

            (c)         to an Act were a reference to a written law.

        (2)         Despite anything in the Local Government Act 1995 to the contrary —

            (a)         the method of valuation of land to be used by a local government as the basis for a rate on rateable land within the redevelopment area is to be —

                  (i)         the same method used in relation to that land immediately before the commencement of this Act, unless paragraph (b) applies; and

                  (ii)         if a development has commenced in respect of the land, the method of valuation to be used in accordance with the use approved in respect of the development;

                and

            (b)         under section 6.32(1) of that Act, a local government may not impose on rateable land in the redevelopment area —

                  (i)         a rate differentially; or

                  (ii)         a specified area rate; or

                  (iii)         a minimum payment; or

                  (iv)         a service charge,

                merely on the basis that the land is in the redevelopment area.

        (3)         Subsection (2) does not affect the operation of section 32 of the Western Australian Land Authority Act 1992 .

        (4)         In subsection (2) —

        development means —

            (a)         a development approved under Part 4; or

            (b)         a development in respect of which all necessary approvals under the planning schemes referred to in section 23(3) were in force immediately before the commencement of this Act;

        rateable land has the same meaning as it has for the purposes of the Local Government Act 1995 .

        [Section 34 amended: No. 38 of 2005 s. 15.]



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