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PLANNING AND DEVELOPMENT ACT 2005 - SECT 262

PLANNING AND DEVELOPMENT ACT 2005 - SECT 262

262 .         Uniform general local laws

        (1)         The Governor may make uniform general local laws, or separate sets of general local laws adapted for areas of any special character, for carrying into effect all or any of the purposes mentioned in Schedule 8.

        (2)         Local laws made under subsection (1) —

            (a)         have the force of law in the district of any local government which the Governor may from time to time prescribe; and

            (b)         supersede the local laws made for the same or similar purpose by the local government of the district so prescribed.

        (3)         The Governor may at any time repeal any by-law made under section 248 of the Local Government Act 1960 3 .

        (4)         If a by-law made under section 248 of the Local Government Act 1960 3 , or a local law made under subsection (1), is inconsistent with any planning scheme approved before or after the making of the by-law or local law, and having effect in the district, or in part of the district, in which the by-law or local law is in force, then to the extent of such inconsistency, and in the part of the district in which the planning scheme has effect, the provisions of the planning scheme prevail.

        (5)         In subsection (4) a reference to a planning scheme includes a reference to —

            (a)         an approved redevelopment scheme as defined in the Metropolitan Redevelopment Authority Act 2011 section 3; and

            (b)         a master plan approved under the Hope Valley-Wattleup Redevelopment Act 2000 .

        (6)         If any property is injuriously affected by the operation of any by-law made under section 248 of the Local Government Act 1960 3 or local law under subsection (1), the provisions of Part 11 apply as if the by-law or local law were a planning scheme, and as if the resolution making the by-law or local law were a resolution to prepare a planning scheme.

        [Section 262 amended: No. 28 of 2010 s. 23; No. 45 of 2011 s. 141(10).]