PLANNING AND DEVELOPMENT ACT 2005 - SECT 119

PLANNING AND DEVELOPMENT ACT 2005 - SECT 119

119 .         Preparing and making improvement plan

        (1)         The Commission may —

            (a)         certify in writing to the Minister that for the purpose of advancing the planning, development and use of any land —

                  (i)         the land should be dealt with in all or any of the following ways, namely, planned, replanned, designed, redesigned, consolidated, resubdivided, cleared, developed, reconstructed or rehabilitated; or

                  (ii)         provision should be made for the land to be used for such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, works, improvements or facilities, or spaces for those purposes, as may be appropriate or necessary;

                and

            (b)         recommend to the Minister that the land should be so dealt with or used for that purpose and made the subject of an improvement plan.

        (2)         The recommendation is to be accompanied by a copy of the improvement plan and such supporting maps and texts as the Minister may require.

        (2A)         A recommendation under subsection (1) may relate to land in 1 or more districts.

        (3A)         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 the Swan Valley.

        (3B)         Before making a recommendation under subsection (1) in relation to any land, the Commission must consult with —

            (a)         the local government for the district in which the land is situated; or

            (b)         if the land is situated in more than 1 district — each of the local governments for those districts.

        (3C)         An improvement plan that authorises the making of an improvement scheme must set out the objectives of the improvement scheme.

        (3)         If the Minister accepts the recommendation, the Minister is to forward the recommendation to the Governor for acceptance.

        (4)         An improvement plan comes into force on the day on which notice of the acceptance of the recommendation of the Governor, and a summary of the improvement plan, is published in the Gazette .

        (5A)         The Minister must, as soon as is practicable after notice in respect of an improvement plan is published under subsection (4), cause a copy of the improvement plan to be laid before each House of Parliament or dealt with under section 268A.

        (5)         Section 195 applies in respect of the acquisition of land included in an improvement plan in force under this section.

        [Section 119 amended: No. 28 of 2010 s. 10; No. 45 of 2011 s. 141(8); No. 26 of 2020 s. 97; No. 45 of 2020 s. 72.]