Planning and Development (Local Planning Schemes) Amendment Regulations (No. 3) 2022 (WA)

5082	GOVERNMENT GAZETTE, WA	2 November 2022
Planning and Development Act 2005

Planning and Development (Local Planning

Schemes) Amendment Regulations (No. 3) 2022

SL 2022/178

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations are the Planning and Development (Local
Planning Schemes) Amendment Regulations (No. 3) 2022.

2.             Commencement

These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are

published in the Gazette;

(b) Part 2 — on the day on which the Emergency

Management Amendment (Temporary COVID-19

Provisions) Act 2022 section 7 comes into operation;

(c) the rest of the regulations — on the day on which the

Emergency Management Amendment (Temporary

COVID-19 Provisions) Act 2022 section 30 comes into operation.

3.             Regulations amended

These regulations amend the Planning and Development (Local
Planning Schemes) Regulations 2015.

2 November 2022 GOVERNMENT GAZETTE, WA 5083

Part 2 — Amendments relating to Emergency

Management Act 2005 Part 6A

4.             Schedule 2 Part 10B heading amended

In the heading to Schedule 2 Part 10B after “emergency” insert:

or COVID-19 declaration

5.             Schedule 2 clause 78H amended

(1)	In Schedule 2 clause 78H(1) delete “Part 5” and insert:
Part 5, or a COVID-19 declaration is in force under Part 6A of that Act,
(2)	In Schedule 2 clause 78H(2) delete “the emergency to which the
state of emergency declaration relates.” and insert:

as the case requires —

(a)	the emergency to which the state of emergency declaration relates; or
(b)	the occurrence of COVID-19 in the area to which the COVID-19 declaration applies.

(3)	In Schedule 2 clause 78H(4) after “declaration” insert:
or the COVID-19 declaration, as the case requires,
Note: The heading to amended Schedule 2 clause 78H is to read:
Minister may issue notice of exemption from planning

requirements if state of emergency declaration or COVID-19
declaration in force

6.             Schedule 2 clause 78J amended

In Schedule 2 clause 78J(2)(a) after “declaration” insert:

or the COVID-19 declaration, as the case requires,

5084 GOVERNMENT GAZETTE, WA 2 November 2022

Part 3 — Amendments relating to deletion of

Emergency Management Act 2005 Part 6A

7.             Schedule 2 Part 10B heading amended

In the heading to Schedule 2 Part 10B delete “or COVID-19
declaration”.

8.             Schedule 2 clause 78H amended

(1)	In Schedule 2 clause 78H(1) delete “Part 5, or a COVID-19
declaration is in force under Part 6A of that Act,” and insert:
Part 5
(2)	In Schedule 2 clause 78H(2) delete the passage that begins with
“as the case requires — ” and ends with “applies.” and insert:
the emergency to which the state of emergency declaration relates.
(3)	In Schedule 2 clause 78H(4) delete “or the COVID-19 declaration,
as the case requires,”.
Note: The heading to amended Schedule 2 clause 78H is to read:
Minister may issue notice of exemption from planning

requirements in state of emergency

9.             Schedule 2 clause 78J amended

In Schedule 2 clause 78J(2)(a) delete “or the COVID-19

declaration, as the case requires,”.

V. MOLAN, Clerk of the Executive Council.

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