Town Planning Amendment Regulations 1996 (WA)

9 February 1996]	GOVERNMENT GAZETTE, WA	485
PD301

TOWN PLANNING AND DEVELOPMENT ACT 1928

TOWN PLANNING AMENDMENT REGULATIONS 1996

or "Amendment"

Made by the Minister for Planning.

Citation

1.     These regulations may be cited as the Town Planning Amendment

Regulations 1996.

Principal regulations

2.      In these regulations the Town Planning Regulations 1967* are referred

to as the principal regulations.

[* Reprinted as at 28 October 1976.

For amendments to 23 January 1996 see 1994 Index to Legislation of Western Australia, Table 4, pp. 285-6.]

Regulation 3 amended

3.     Regulation 3 of the principal regulations is amended by inserting after

" "Town Planning Scheme Amendent" " the following —

13

486 GOVERNMENT GAZETTE, WA (9 February 1996

Regulation 13 amended

4.     Regulation 13 (1) of the principal regulations is repealed and the

following subregulations are substituted -

a

documents pursuant to the provisions of these regulations, the (1) On completion of the preparation of the Scheme

local authority shall -

(a) if it resolves to proceed with the Scheme, adopt the

proposed Scheme in accordance with the Act; or

(b) if it resolves not to proceed with the Scheme, notify

the Commission in writing of that resolution.

Regulation 14 amended

following subregulation is substituted -	5. Regulation 14 (4) of the principal regulations is repealed and the
"

Minister, of being notified of any modifications required by the (4) Within 42 days, or any longer period approved by the

Minister, the local authority shall -

(a) if it resolves to proceed with the Scheme -

settle the modifications with the Commission

(i)      together with any other modifications which

appear to be necessary at that time;

request the Commission to obtain the consent of

(ii)     the Minister to the further modifications; and

(iii)  resubmit the Scheme documents with the

required modifications duly carried out;

or

(b) if it resolves not to proceed with the Scheme, notify the Commission in writing of that resolution.

Regulation 17 amended

6.      Regulation 17 (2) (b) of the principal regulations is repealed and the

following paragraph is substituted -

(b) that it does not wish to proceed with the Scheme.

Regulation 18 amended

7.     (1) Regulation 18 (1) of the principal regulations is repealed and the

following subregulation is substituted -

a

(1) Within 28 days of passing a resolution under

regulation 17 (2) the responsible authority shall forward to the	Commission -
(a)	a schedule of submissions made on the Scheme;
(b)	its recommendations made in respect of those

submissions;

(c) recommended by the responsible authority; particulars of the modifications (if any) to the Scheme

9 February 199611 GOVERNMENT GAZETTE, WA 487

(d) a copy of the resolution passed under

regulation 17 (2); and

(e)	regulation 11 (2) (b) a summary of the reasons why if that resolution was a resolution under
the responsible authority does not wish to proceed with the Scheme.

(2) Regulation 18 (2) of the principal regulations is amended by deleting

"(1) (b)" and substituting the following -

(1) (a)

Regulation 21 amended

8.     (1) Regulation 21 (1) of the principal regulations is amended by

deleting "subsection (2) of section 7" and substituting the following -

cc

section 7 (2a)

(2) Regulation 21 (2) of the principal regulations is amended

(a)	by deleting "Upon" and substituting the following -
it

Within 42 days of

(b)	by deleting "if it desires to proceed";
(c)	by inserting after paragraph (c) the following -

and "; and

(d) by deleting paragraph (d) and the "and" at the end of that paragraph.

Regulation 25 amended

9.      Regulation 25 (g) of the principal regulations is amended by deleting

",evidence of the adoption being endorsed on the amending documents in the

manner prescribed in regulation 21 (2)".

Regulation 25AA amended

10.      Regulation 25AA (6) of the principal regulations is repealed and the

following subregulation is substituted -

it

Minister, of being notified of any modifications required by the (6) Within 42 days, or any longer period approved by the

Commission, the local authority shall -

(a) if it resolves to proceed with the Amendment-

(i)      settle the modifications with the Commission

together with any other modifications which

appear to be necessary at that time; and

(ii)     resubmit the Amendment documents with the

required modifications duly carried out;

or

(b) if it resolves not to proceed with the Amendment, notify the Commission in writing of that resolution.

488 GOVERNMENT GAZETTE, WA [9 February 1996

Regulation 25AB amended

11. Regulation 25AB of the principal regulations is amended —

(a)

following — after the semicolon at the end of paragraph (a) by inserting the

and

at the end of paragraph (b) by deleting "; and" and substituting a

(b)	full stop; and
(c)	by deleting paragraph (c).