Planning and Development (Transitional) Regulations 2006 (WA)

173. 1 GOVERNMENT GAZETTE, WA 5 May 2006

P1302*

Planning and Development (Consequential and Transitional Provisions)

Act 2005

Planning and Development (Transitional)

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Planning and Development
(Transitional) Regulations 2006.

2.           Commencement

These regulations are deemed to have come into operation on
9 April 2006.

3.            State planning policies in course of preparation

(1) In this regulation -
"commencement day" means the day on which the Planning

and Development Act 2005 section 28 comes into

operation.

(2)

Any statement of planning policy or amendment to a statement of planning policy that, immediately before the commencement day, was being prepared under the Town Planning and Development Act 1928, may continue to be prepared as a State planning policy or amendment to a State planning policy under the Planning and Development Act 2005 as if the steps taken under the Town Planning and Development Act 1928 were taken under the Planning and Development Act 2005.

(3)

For the purposes of subregulation (2), if the Western Australian Planning Commission, before the commencement day, had complied with the requirements of the Town Planning and Development Act 1928 section 5AA(3) in relation to the statement of planning policy or amendment, the Commission is not required to comply with the requirements of the Planning and Development Act 2005 sections 27 and 28.

Unless the context otherwise requires, a reference in an Planning and Development (Consequential and Transitional instrument of delegation made under an Act repealed by the

4.           Construction of references in instruments of delegation

5 May 2006 GOVERNMENT GAZETTE, WA 1735

Provisions) Act 2005 to a provision repealed under that Act includes a reference to the corresponding provision, if any, of the Planning and Development Act 2005.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.