Hope Valley-Wattleup Redevelopment Amendment Act 2011 (WA)

Western Australia

Hope Valley-Wattleup Redevelopment

Amendment Act 2011

Western Australia

Hope Valley-Wattleup Redevelopment

Amendment Act 2011

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
4.	Section 2 deleted	2
5.	Section 3 amended	2
6.	Section 10 amended	2
7.	Section 11 amended	3
8.	Part 3 Division 5 inserted	3
Division 5 — Effect of master plan

22A.	Master plan’s effect	3
22B.	Contravening a master plan	3

9.	Section 28 amended	4
10.	Part 6 replaced	4
Part 6 — Miscellaneous provisions

37. Effect of master plan and validity of things done under it before Hope Valley-Wattleup Redevelopment Amendment Act 2011 4

Western Australia

Hope Valley-Wattleup Redevelopment

Amendment Act 2011

No. 8 of 2011

An Act to amend the Hope Valley-Wattleup Redevelopment Act 2000.

[Assented to 2 May 2011]

The Parliament of Western Australia enacts as follows:

Hope Valley-Wattleup Redevelopment Amendment Act 2011

s. 1

1.             Short title

This is the Hope Valley-Wattleup Redevelopment Amendment

Act 2011.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

3.             Act amended

This Act amends the Hope Valley-Wattleup Redevelopment

Act 2000.

4.             Section 2 deleted

Delete section 2.

5.             Section 3 amended

(1)

In section 3(1) delete the definition of FRIARS Final Strategy

document.

(2)

Delete section 3(2).

6.             Section 10 amended

Delete section 10(1) and insert:

(1)

The Authority must perform its functions under this

Act in accordance with any master plan.

Hope Valley-Wattleup Redevelopment Amendment Act 2011

s. 7

7.             Section 11 amended

(1)	In section 11 delete “A master” and insert:
(1) A master
(2)	At the end of section 11 insert:
(2) A master plan must not be inconsistent with any regulations made under this Act. (3) If a provision in a master plan is inconsistent with regulations made under this Act, the provision is void to the extent of the inconsistency.

8.             Part 3 Division 5 inserted

At the end of Part 3 insert:

Division 5 — Effect of master plan

22A. Master plan’s effect

(1)

A master plan has legislative effect.

(2)

To avoid doubt, a master plan is, for all purposes

including those of the Interpretation Act 1984,

subsidiary legislation made under this Act.

(3)

The Interpretation Act 1984 section 41 does not apply

to a master plan.

22B.	Contravening a master plan
A person must not contravene a master plan.
Penalty: $50 000, and a daily penalty of $5 000.

Hope Valley-Wattleup Redevelopment Amendment Act 2011

s. 9

9.             Section 28 amended

Delete section 28(1)(b).

10.           Part 6 replaced

Delete Part 6 and insert:

Part 6 — Miscellaneous provisions

37.           Effect of master plan and validity of things done under it before Hope Valley-Wattleup Redevelopment Amendment Act 2011

(1) In this section —

commencement day means the day on which the Hope Valley-Wattleup Redevelopment Amendment Act 2011, other than sections 1 and 2 of it, comes into operation.

(2)

If a master plan came into operation before the

commencement day, it is taken to have had legislative

effect from and including the day it came into

operation until but not including the commencement

day.

(3)

An act done or omission made pursuant to a master

plan before the commencement day has, and is taken to

always have had, the same validity as it would have

had if subsection (2) had been in operation at the time

of the act or omission.