PLANNING AND DEVELOPMENT ACT 2005 - SECT 263

PLANNING AND DEVELOPMENT ACT 2005 - SECT 263

263 .         Regulations: general

        (1)         The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

        (2)         Without limiting any other provision of this Act, regulations may —

            (a)         make provision for or with respect to the making of applications and the manner in which applications are to be made and the procedure to be followed;

            (b)         prescribe forms and fees;

            (c)         prescribe the rights, powers and privileges given to, and duties imposed on, a covenantee or other person or authority specified in the regulations where road access is restricted or prohibited as set out in a condition referred to in section 150 and provide for the modification or discharge of, and other matters related to, a covenant referred to in that section;

            (d)         prescribe the rights, powers and privileges given to a specified person or authority where an easement for a specified purpose has effect in favour of that person or authority under section 167;

            (ea)         provide for and regulate reporting by local governments in relation to planning matters;

            (eb)         regulate procedures in relation to the carrying out and enforcement of region planning schemes or local planning schemes;

            (e)         impose a penalty not exceeding $50 000 for offences against the regulations.

        (3)         A fee imposed for an application for approval of development that has commenced or been carried out may include an amount prescribed by way of penalty.

        (4)         To the extent that a regulation made under this section is inconsistent with or contrary to a regulation made under sections 256 to 259, the regulation made under sections 256 to 259 prevails.

        (5)         If a regulation is inconsistent with a rule, the regulation prevails to the extent of the inconsistency.

        [Section 263 amended: No. 28 of 2010 s. 67; No. 26 of 2020 s. 79; No. 26 of 2020 s. 53.]

[Heading deleted: No. 26 of 2020 s. 80.]