Swan Valley Planning Regulations 2024 (WA)

Western Australia

Swan Valley Planning Act 2020

Swan Valley Planning Regulations 2024

Western Australia

Swan Valley Planning Regulations 2024 Contents Swan Valley Planning Act 2020

Swan Valley Planning Act 2020

Swan Valley Planning Regulations 2024

1.Citation

These regulations are the Swan Valley Planning Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on 1 March 2024.

3.Modification of Planning and Development (Local Planning Schemes) Regulations 2015 in application to Swan Valley Planning Scheme (s. 40)

• (1)

  This regulation sets out, for the purposes of section 40(3) of the Act, modifications of the Planning and Development (Local Planning Schemes) Regulations 2015 Parts 4 and 5 as they apply under section 40(2) of the Act (the relevant applied provisions).

• (2)

  The relevant applied provisions apply as if a reference to a provision of the Planning and Development Act 2005 Part 5 were a reference to a corresponding provision in Part 2 of the Act.

• (3)

  The relevant applied provisions apply as if —

  • (a)

    the following provisions relating to approval to advertise a scheme or amendment were deleted —

    • (i)

      regulations 21 to 21B;

    • (ii)

      regulations 37 to 37B;

    • (iii)

      regulations 46A to 46C;

  and

  • (b)

    the references in regulations 22(1), 38(1) and 47(1) to the Minister approving a proposed scheme or amendment for advertising were omitted.

• (4)

  The relevant applied provisions apply as if —

  • (a)

    regulations 57 to 61 were deleted; and

  • (b)

    a requirement were instead included that the Commission must —

    • (i)

      advertise a proposed basic amendment to the Swan Valley Planning Scheme in accordance with the procedure that applies to the advertising of a proposed standard amendment under regulations 47 and 48, except that the period for making submissions on the advertised proposed basic amendment is a period of at least 14 days decided by the Commission (rather than the period referred to in regulation 47(3)); and

    • (ii)

      consider any submissions made in response to the advertised basic amendment within that period.

• (5)

  This regulation does not limit the other modifications that apply to the relevant applied provisions and other relevant local planning scheme regulations under section 40(2) and (3) of the Act.

Notes

This is a compilation of the Swan Valley Planning Regulations 2024. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Swan Valley Planning Regulations 2024	SL 2024/14 21 Feb 2024	r. 1 and 2: 21 Feb 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Mar 2024 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

relevant applied provisions....................................................................................... 3(1)