(1) Section 9(2) and
the Swan Valley Planning Scheme do not apply in relation to a development that
was lawfully being carried out in the Swan Valley immediately before the
scheme start day.
(2) A development
referred to in subsection (1) or in relation to which all necessary approvals
under the relevant planning schemes were in force immediately before the
scheme start day —
(a) may
be lawfully carried out as if section 9(2) and the Swan Valley Planning Scheme
were not in operation; and
(b) is
governed by the relevant planning schemes despite section 9(2).