(1) Part 2 Division 3
Subdivisions 2 and 3 do not apply to the first proposed Swan Valley Planning
Scheme (the first proposed scheme ) that the Commission is required under
section 15 to prepare and submit to the Minister for approval.
(2) However, the
Commission must not submit the first proposed scheme to the Minister for
approval under section 25(1) unless —
(a) the
Commission has had regard to the matters referred to in section 17(a) to (c);
and
(b) the
Commission has given a draft of the first proposed scheme to the Minister and
the Minister has —
(i)
given the draft to each of the EPA and the Heritage
Council; and
(ii)
requested each of the EPA and the Heritage Council to
give advice on the draft;
and
(c) the
Commission has —
(i)
consulted the Swan Valley local government about the
first proposed scheme; and
(ii)
made reasonable endeavours to consult any public
authorities or persons that appear to the Commission to have an interest in
the first proposed scheme; and
(iii)
had regard to the views of any person or body consulted
under subparagraph (i) or (ii); and
(iv)
had regard to any advice received by the Minister from
the EPA and the Heritage Council in response to the request referred to in
paragraph (b)(ii).
(3) For the purposes
of subsection (2), it does not matter whether any consultation was undertaken,
or any other thing was done, before, on or after the day on which this section
came into operation.