Western Australian Current Acts Western Australian Current Acts (1) The regulations
may amend Schedule 1, 2, 3 or 4 —
(a) by
adding any area to the catchment area, development control area, Riverpark or
River reserve;
(b) by
excising any area from the catchment area, development control area, Riverpark
or River reserve;
(c) by
deleting the catchment area, development control area, Riverpark or River
reserve and substituting another area for it.
(2) Before regulations
are made for the purposes of subsection (1) the Minister must consult with
—
(a) the
Minister for Planning; and
(b) any
other Minister of the Crown that the Minister considers has a relevant
interest in the regulations; and
(c) the
local government —
(i)
of the district in which any proposed new boundary is
located; and
(ii)
of the district in which the existing boundary that would
be amended is located;
and
(d) any
other public authority that has the care, control or management of land likely
to be added to, excised from, or substituted for, land in the catchment area,
development control area, Riverpark or River reserve.
(2A) Subsection (2)
does not apply to regulations amending Schedule 2 or 3 if —
(a) an
amendment to the Metropolitan Region Scheme (the MRS amendment ) has been
approved under the Planning and Development Act 2005 Part 4; and
(b)
either —
(i)
the MRS amendment is made by an Act; or
(ii)
public submissions were sought on the MRS amendment
before it was approved;
and
(c) the
Minister considers that the amendments to Schedule 2 or 3 to be made by the
regulations are connected with the MRS amendment.
(3) Land added to, or
substituted for land in, the Riverpark or the River reserve must be Crown
land.
(4) The addition of an
area to, excision of an area from, or substitution of an area for, the River
reserve under this section has effect as if the area were added to, excised
from, or substituted for, the River reserve under the
Land Administration Act 1997 Part 4.
(5) The Registrar of
Titles must take any necessary measures to register any change to the
reservation and placement of waters in the River reserve effected by a
regulation under this section, and the necessary consequential changes, and
for those purposes the regulation is to be treated as if it were an order
under the Land Administration Act 1997 Part 4.
(6) Regulations
referred to in subsection (1) may provide for the substitution of a plan for a
plan referred to in Schedule 1, 2, 3 or 4, or for the amendment of an area by
reference to a further plan.
(7) Despite any
increase in the development control area effected by regulations referred to
in subsection (1), any act or thing lawfully undertaken, and not discontinued
or abandoned, before the commencement of those regulations in an area that was
not in the development control area before that commencement but which is in
the development control area after that commencement may be lawfully continued
and completed as if those regulations had not come into operation.
(8) Without limiting
subsection (7), regulations referred to in subsection (1) may make further
provisions of a transitional nature that are expedient to be made in respect
of an amendment to Schedule 1, 2, 3 or 4 under subsection (1).
[Section 13 amended: No. 2 of 2023 s. 5.]