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).]