Western Australian Repealed Acts

This legislation has been repealed.

SUBIACO REDEVELOPMENT ACT 1994 - SECT 5

5 .         Transitional provisions where area amended

        (1)         A redevelopment scheme does not extend to any area that becomes part of the redevelopment area under section 4(2) except by virtue of an amendment to the scheme under section 38.

        (2)         On and after the day on which an area that is added to the redevelopment area under section 4(2) becomes subject to the redevelopment scheme, the planning schemes (as defined in section 45(3)) are repealed in relation to that area.

        (3)         If an area is subtracted from the redevelopment area under section 4(2), the redevelopment scheme ceases to apply to that area.

        (4)         Regulations referred to in section 4(2) may make further provisions of a transitional nature that are expedient to be made in respect of an amendment to Schedule 1 under that subsection including provision —

            (a)         empowering the Minister, if land is subtracted from the redevelopment area, to amend the Metropolitan Region Scheme or a relevant local planning scheme or improvement scheme to provide for —

                  (i)         the subtracted land to be included in the area to which any such scheme applies; and

                  (ii)         the land to have a reservation or zoning under those schemes the same as, or similar to, that which applied to it under the redevelopment scheme in force immediately before it was subtracted;

                and

            (b)         for the saving of rights existing at the time of the amendment, but subject to any provision of the redevelopment scheme relating to non-conforming uses.

        [Section 5 amended by No. 38 of 2005 s. 15; No. 28 of 2010 s. 38(2).]