PLANNING AND DEVELOPMENT ACT 2005 - SECT 112

PLANNING AND DEVELOPMENT ACT 2005 - SECT 112

112 .         Declaration of planning control areas

        (1)         If the Commission considers that any land may be required for one or more of the purposes specified in Schedule 6, the Commission may by notice published in the Gazette and with the approval of the Minister declare that land to be a planning control area.

        (2)         The power in subsection (1) cannot be exercised in respect of any land that is —

            (a)         land to which an approved redevelopment scheme under the Metropolitan Redevelopment Authority Act 2011 applies; or

            (b)         in the redevelopment area as defined in the Hope Valley-Wattleup Redevelopment Act 2000 ; or

            (c)         in the development control area as defined in the Swan and Canning Rivers Management Act 2006 ; or

            (d)         in an improvement scheme area.

        [(3)         deleted]

        (4)         This Part and the operation of any approval of development granted under this Part have effect subject to the Heritage Act 2018 Part 5 Division 2.

        (5)         Where any land is comprised within an area to which the Commission considers that this section should apply and is land to which the Heritage Act 2018 applies, the Commission is to satisfy the Minister before seeking approval to the declaration of that land as a planning control area that full disclosure has been made to, and consultations concluded with, the Heritage Council as to the likely effect of the declaration as regards places to which that Act applies.

        [Section 112 amended: No. 52 of 2006 s. 6; No. 28 of 2010 s. 58; No. 45 of 2011 s. 141(7); No. 22 of 2018 s. 186(6) and (7); No. 45 of 2020 s. 71.]