Western Australian Current Regulations Western Australian Current Regulations (1) The amendments in
this regulation are to the Metropolitan Region Scheme as defined in the
Planning and Development Act 2006 .
(2) Clause 3 is
amended as follows:
(a) by
inserting before “In” the subclause designation “(1)”;
(b) by
deleting “Expressions used in this Scheme have respectively the same
meaning as in the Scheme Act and the Town Planning and Development Act 1928 ,
as amended from time to time.”;
(3) At the end of
clause 3 the following subclause is inserted —
“
(2) A word or expression used in this Scheme has the same
meaning as it has in the Planning and Development Act 2005
unless —
(a) this
Scheme gives it another meaning; or
(b) the
contrary intention appears in some other way.
”.
(4) Clause 5 is
amended by deleting “section 19 of the Scheme Act” and inserting
instead —
“
section 16 of the Planning and Development Act
2005
”.
(5) Clause 7 is
amended by deleting “Scheme Act” and inserting
instead —
“ Planning and Development Act 2005 ”.
(6) Clause 20(1) is
amended by deleting “Scheme Act” and inserting
instead —
“ Planning and Development Act 2005 ”.
(7) Clause 20(3) is
amended by deleting “Scheme Act” and inserting
instead —
“ Planning and Development Act 2005 ”.
(8) Clause 21 is
amended as follows:
(a) by
deleting “Town Planning Scheme” and inserting instead —
“ local planning scheme ”;
(b) by
deleting “Town Planning scheme” and inserting instead —
“ local planning scheme ”.
(9) Clause 24(2)(a) is
amended by deleting “section 35C of the Scheme Act” and inserting
instead —
“ section 112 of the Planning and Development Act 2005
”.
(10) Clause 29(1) is
amended as follows:
(a) in
paragraph (b) by deleting “section 35C of the Scheme Act” and
inserting instead —
“
section 112 of the Planning and Development Act
2005
”;
(b) in
paragraph (c) by deleting “ section 20 of the Western Australian
Planning Commission Act 1985 ” and inserting instead —
“
section 16 of the Planning and Development Act
2005
”.
(11) Clause 29(2) is
amended by deleting “ Western Australian Planning Commission Act 1985
” and inserting instead —
“ Planning and Development Act 2005 ”.
(12) Clause 30(1) is
amended by deleting “Scheme Act” and inserting
instead —
“ Planning and Development Act 2005 ”.
(13) Clause 30A(5) is
amended by deleting “ section 18(4) of the
Western Australian Planning Commission Act 1985 ” and inserting
instead —
“
section 17 of the Planning and Development Act
2005
”.
(14) Clause 30A(6) is
amended by deleting “Scheme Act” and inserting
instead —
“ Planning and Development Act 2005 ”.
(15) Clause 33(1) is
amended by deleting “an operative Town Planning Scheme or a Town
Planning Scheme made or amended pursuant to section 35 of the Scheme
Act” and inserting instead —
“ a local planning scheme ”.
(16) Clause 33(2) is
repealed and the following subclause is inserted instead —
“
(2) Part 14 of the Planning and Development Act 2005
applies to an appeal under subclause (1).
”.
(17) Clause 40 is
amended by deleting “Scheme Act” and inserting
instead —
“ Planning and Development Act 2005 ”.
(18) Clause 41 is
amended by deleting “sub-section (6) of section 37 of the Scheme
Act.” and inserting instead —
“ section 196 of the Planning and Development Act 2005
”.
(19) Clause 43 is
amended by deleting “Section 33H of the Scheme Act” and inserting
instead —
“
sections 50 and 61 of the Planning and Development Act
2005
”.