Western Australian Consolidated Acts (1) Where any local
law has been or is made by a local government under the
Local Government Act 1995 or any other Act, or any local planning scheme
is in force under the Planning and Development Act 2005 , and that local
law or scheme, or any provision of such a local law or scheme, is on the
advice of the Minister determined by the Governor to be repugnant to or
inconsistent with the provisions of this Act or a relevant Act the Governor
may, by Order published in the Government Gazette , revoke or amend that local
law or scheme, or the relevant provision, in so far as it is so repugnant or
inconsistent and effect shall be given to any such revocation or amendment but
without affecting the validity, or curing the invalidity, of any thing done,
or of the omission of any thing, in the meantime.
(2) The Minister shall
cause a copy of any Order published under this section to be laid before each
House of Parliament within 6 sitting days of that House next following
the publication, and if either House of Parliament passes a resolution of
which notice has been given within the first 14 sitting days of that House
after the copy of an Order under this section has been laid before that House
that the Order be disallowed, the Order thereupon ceases to have effect, but
the disallowance of the Order does not affect or invalidate anything done in
good faith before the passing of the resolution.
[Section 38 amended by No. 73 of 1995
s. 23; No. 14 of 1996 s. 4; No. 67 of 2003 s. 62;
No. 38 of 2005 s. 15; No. 38 of 2007 s. 110.]
[Division 1 (s. 39, 40) deleted by No. 73 of
1995 s. 24.]
[Heading inserted by No. 24 of 1987 s. 8
3 .]