(1) Where any local
law has been or is made by a local government under the
Local Government Act 1995 or any other Act, or any local planning scheme is in
force under the Planning and Development Act 2005 , or the Swan Valley
Planning Scheme is in force under the Swan Valley Planning Act 2020 , and that
local law or scheme, or any provision of such a local law or scheme, is on the
advice of the Minister determined by the Governor to be repugnant to or
inconsistent with the provisions of this Act or a relevant Act the Governor
may, by Order published in the Government Gazette , revoke or amend that local
law or scheme, or the relevant provision, in so far as it is so repugnant or
inconsistent and effect shall be given to any such revocation or amendment but
without affecting the validity, or curing the invalidity, of any thing done,
or of the omission of any thing, in the meantime.
(2) The Minister shall
cause a copy of any Order published under this section to be laid before each
House of Parliament within 6 sitting days of that House next following the
publication, and if either House of Parliament passes a resolution of which
notice has been given within the first 14 sitting days of that House after the
copy of an Order under this section has been laid before that House that the
Order be disallowed, the Order thereupon ceases to have effect, but the
disallowance of the Order does not affect or invalidate anything done in good
faith before the passing of the resolution.
[Section 38 amended: No. 73 of 1995 s. 23; No. 14
of 1996 s. 4; No. 67 of 2003 Sch. 2 cl. 76; No. 38 of 2005 s. 15; No. 38 of
2007 s. 110; No. 45 of 2020 s. 144.]
[Heading inserted: No. 25 of 2012 s. 83.]
[Division 1 (s. 39, 40) deleted: No. 73 of 1995 s. 24.]
[Division 1A: s. 41, 41C-41N deleted: No. 25 of
2012 s. 84;
s. 41A
deleted: No. 25 of 2005 s. 58;
s. 41B deleted: No. 25 of 2005 s. 59.]
[Division 2: s. 42 deleted: No. 25 of 2012 s. 84;
s. 43 deleted: No. 73
of 1995 s. 26;
s.
44-48 deleted: No. 98 of 1985 s. 3.]
[Divisions 3-5 (s. 49-60) deleted: No. 73 of 1995 s. 26.]
[Heading deleted: No. 25 of 2012 s. 85.]
[ 61. Deleted: No. 73 of 1995 s. 27.]