Town Planning and Development Act Amendment Act 1975 (WA)

WESTERN AUSTRALIA.

TOWN PLANNING AND

DEVELOPMENT.

No. 69 of 1975.

AN ACT to amend the Town Planning and Develop-

ment Act, 1928-1974.

[Assented to 7th November, 1975.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Town and

Planning and Development Act Amendment Act,	citation.
1975.
Approved

(2) In this Act the Town Planning and Develop- for reprint 8th March,

ment Act, 1928-1974 is referred to as the principal	1973 and further
Act.	amended by Nos. 19 and 30 of 1973
and.14 of

No. 69.] Town Planning and [1975.

Development.

(3) The principal Act as amended by this Act may be cited as the Town Planning and Development Act, 1928-1975.

Section 9

amended. 2. Section 9 of the principal Act is amended

(a) by adding after subsection (2) a subsection as follows

(2a) Without limiting the generality of subsection (1) of this section regulations made under that subsection with regard to the variation of a scheme may require the payment by the owner of land of the costs incurred in the publication pursu- ant to the regulations of any notice prescribed therein relating to an amend- ment to a town planning scheme where the amendment is made at the request of that owner and is in respect of land owned by him. ; and

(b) by adding after subsection (3) the follow- ing subsections

(4) A town planning scheme, or an amendment to a town planning scheme, made or adopted before the coming into operation of the Town Planning and Development Act Amendment Act, 1975 or any act or thing done pursuant to such a town planning scheme or amend- ment to a town planning scheme shall not be regarded as invalid by reason only of one or more of the following reasons, namely

(a) that, in the notice of that town planning scheme or amendment to a town planning scheme, as the case may be, the date specified by the Board as the date on or before which objec- tions to the scheme or amend- ment could be made was a date

1975.] Town Planning and [No. 69.

Development.

earlier, but not more than seven days earlier, than the proper date;

(b) that the responsible authority did not accept for consideration an objection to that town planning scheme or amendment to a town planning scheme, as the case may be, being an objection that was made on or before the proper date but was not made-

(i)  on or before the date specified in the notice of the scheme or amend- ment; or

(ii)

more than seven days

before the proper date;

(c) that a copy of the notice of that town planning scheme or amendment to a town planning scheme, as the case may be, was displayed in the offices of the responsible auth- ority for a period, shorter, but not more than seven days shorter, than the prescribed period.

(5) In subsection (4) of this section

"notice", in relation to a town planning scheme or an amend- ment to a town planning scheme, means the notice notifying persons of their entitlement to make objections to that scheme or amendment;

"prescribed period", in relation to a notice notifying persons of their entitlement to make objections to a town planning scheme or amendment to a town planning

No. 69.] Town Planning and [1975.

Development.

scheme, means the period pre- scribed by the regulations as in force at the time that notice was displayed;

"proper date", in relation to a town planning scheme or an amend- ment to a town planning scheme, means the earliest date that the Board could lawfully have specified as the date on or before which objections to that town planning scheme or amendment to a town planning scheme could be made. .