Western Australian Repealed Acts

This legislation has been repealed.

WESTERN AUSTRALIAN PLANNING COMMISSION ACT 1985 - SECT 21

21 .         Commission may make and administer regional interim development orders

        (1)         Subject to this Part, the Commission may, if —

            (a)         the Commission is of the opinion that the development of land within the part of the State to which a regional planning scheme is to apply might materially affect the preparation or implementation of the regional planning scheme;

            (b)         the Commission has complied with subsection (2); and

            (c)         the Minister approves,

                make such regional interim development orders as are necessary for regulating, restricting or prohibiting that development.

        (2)         Before making a regional order the Commission shall —

            (a)         inform each local government of a district which lies within or partly within the area to which the proposed regional order will apply of the proposal;

            (b)         invite that local government to make submissions on the proposal within 28 days; and

            (c)         provide the Minister with a copy of any submission received under paragraph (b).

        (3)         A regional order —

            (a)         may be made by the Commission at any time —

                  (i)         after resolving under section 18(1a) to prepare a regional planning scheme; and

                  (ii)         before the relevant procedures set out in the provisions of the Metropolitan Scheme Act referred to in section 18(1a), as read with section 18(1a) and (1b), have been fully complied with in respect of the regional planning scheme;

                and

            (b)         is to specify the land affected by the regional order.

        (4)         On the making of a regional order, the Commission shall cause to be published once in the Gazette and 3 times in a daily newspaper circulating in the part of the State to which the regional order applies a notice —

            (a)         containing a summary of the regional order; and

            (b)         stating that copies of the regional order will be made available by the Commission for inspection by any person free of charge at the offices of the Commission and of the local government or local governments within the area affected by the regional order.

        (5)         The Commission shall, at the same time or before acting under subsection (4), publish in the Gazette —

            (a)         a summary of the relevant resolution made under section 18(1a); and

            (b)         a description of the part of the State to which the relevant proposed regional planning scheme is to apply.

        (6)         The Commission shall administer each regional order.

        [Section 21 inserted by No. 59 of 1999 s. 14.]