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SWAN VALLEY PLANNING ACT 2020 - SECT 44

44 .         Process for making first Swan Valley Planning Scheme

        (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.



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