Western Australian Repealed Acts

This legislation has been repealed.

WESTERN AUSTRALIAN PLANNING COMMISSION ACT 1985 - SECT 37A

37A .         Effect of Part IIC

        (1)         This Part shall prevail over anything in —

            (a)         any other Part;

            (b)         any town planning scheme that has effect under section 7 of the Town Planning and Development Act 1928 ;

            (c)         a regional planning scheme; or

            (d)         the Town Planning and Development Act 1928 ,

                to the extent of any inconsistency therewith.

        (2)         Nothing in this Part affects —

            (a)         the continued use of any land in a regional planning control area for the purpose for which it was lawfully being used; or

            (b)         the continuation and completion of the development of any land in a regional planning control area, including the erection, construction, alteration or carrying out, as the case requires, of any building, excavation or other works on that land, which development was lawfully being carried out,

                immediately before the declaration of the regional planning control area.

        (3)         This Part and the operation of any approval of development granted under this Part shall have effect subject to section 78 of the Heritage of Western Australia Act 1990 .

        [Section 37A inserted by No. 59 of 1999 s. 14.]