Western Australian Repealed Acts

This legislation has been repealed.

TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 31

31 .         Uniform general local laws, etc.

        (1)         The Governor may make, and publish in the Gazette , uniform general local laws, or separate sets of general local laws adapted for areas of any special character, for carrying into effect all or any of the purposes mentioned in the Second Schedule, and such local laws shall have the force of law in the district of any local government which the Governor may from time to time prescribe, and shall supersede the local laws made for the same or a similar purpose by the local government of the district so prescribed; and the Governor may at any time repeal any by-law made under section 248 of the Local Government Act 1960 ⁶ .

        (2)         When any by-law made under section 248 of the Local Government Act 1960 ⁶ , or under the last preceding subsection of this section, is inconsistent with any town planning scheme approved before or after the making of such by-law, and having effect in the district, or in part of the district, in which such by-law is in force, then to the extent of such inconsistency, and in the part of the district in which such scheme has effect, the provisions of such scheme shall prevail.

        (2a)         In subsection (2) reference to a town planning scheme includes a reference to a redevelopment scheme approved under Part 4 of the East Perth Redevelopment Act 1991 , under Part 4 of the Subiaco Redevelopment Act 1994 , under Part 4 of the Midland Redevelopment Act 1999 or under Part 4 of the Armadale Redevelopment Act 2001 or a master plan approved under Part 3 of the Hope Valley-Wattleup Redevelopment Act 2000 .

        (3)         Where any property is injuriously affected or increased in value by the operation of any by-law made under section 248 of the Local Government Act 1960 ⁶ , or under subsection (1), the provisions of section 11 or 12, shall apply mutatis mutandis as if the by-law were a scheme made under this Act, and as if the resolution passing a by-law were a resolution to prepare or adopt a scheme.

        [Section 31 amended by No. 29 of 1947 s. 5; No. 64 of 1961 s. 8; No. 62 of 1991 s. 59; No. 35 of 1994 s. 67; No. 14 of 1996 s. 4; No. 38 of 1999 s. 78(3); No. 77 of 2000 s. 39(3); No. 25 of 2001 s. 69.]