METROPOLITAN REGION TOWN PLANNING SCHEME ACT 1959 - SECT 33A
This legislation has been repealed.
METROPOLITAN REGION TOWN PLANNING SCHEME ACT 1959 - SECT 33A
33A . Procedure for amendments not constituting substantial alteration to Scheme
(1) Notwithstanding
section 33, if a proposed amendment does not, in the opinion of the
Commission, constitute a substantial alteration to the Scheme, that amendment
is not required to be submitted and approved in accordance with the procedure
prescribed in section 33(2), (3) and (4).
(1a) Despite
subsection (1), after the commencement of section 27 of the Swan Valley
Planning Act 1995 1 an amendment cannot be made to the Scheme under this
section to change the zoning of any land in the Swan Valley.
(2) If under
subsection (1) a proposed amendment is not required to be submitted and
approved in accordance with the procedure prescribed in section 33(2), (3) and
(4), the Commission shall, after sections 33E and 33F have been complied with
in relation to that amendment —
(a) send
a copy of that amendment to the Minister;
(b)
publish in the Gazette and in a daily newspaper circulating in the
metropolitan region —
(i)
a notice of that amendment describing that amendment,
stating where and when that amendment will be available for inspection and
notifying all persons who desire to make submissions on any provision of that
amendment that those submissions may be made to the Commission in writing in
the form set out in that notice; and
(ii)
a certificate certifying that, in the opinion of the
Commission, that amendment does not constitute a substantial alteration to the
Scheme;
(c)
within 7 days of the publication referred to in paragraph (b), notify in
writing the owners of land in the opinion of the Commission directly affected
by that amendment of that amendment; and
(d) make
reasonable endeavours to consult in respect of that amendment such public
authorities and persons as appear to the Commission to be likely to be
affected by that amendment.
(3) Submissions may be
made on any provision of a proposed amendment at any time within the period
specified in the relevant notice published under subsection (2), being a
period of not less than 60 days after the day on which that notice was so
published.
(4) When a submission
is made in accordance with the relevant notice published under subsection (2)
by a group of persons, that group shall appoint one person to represent that
group for the purposes of the submission.
(5) As soon as
practicable after receiving submissions in relation to a proposed amendment,
the Commission shall consider, and make a report and recommendation to the
Minister on, those submissions.
[(6) repealed]
(7) On receiving a
report and recommendation made to him under subsection (5), the Minister may,
after the Minister has complied with section 33H in relation to the amendment
concerned —
(a)
approve, with such modifications, if any, as he considers it necessary to
make; or
(b)
decline to approve,
the proposed amendment
to which that report and recommendation relate.
(8) When the Minister
has approved a proposed amendment under subsection (7) —
(a) the
Commission shall cause —
(i)
that amendment or that amendment as modified under that
subsection, as the case requires, excluding any maps, plans or diagrams
forming part of that amendment, to be published in the Gazette ; and
(ii)
any maps, plans or diagrams forming part of that
amendment to be open for inspection at such times and places as the Commission
determines;
and
(b) that
amendment or that amendment as modified under that subsection, as the case
requires, shall on publication under this subsection have effect as though its
provisions were enacted by this Act.
[Section 33A inserted by No. 6 of 1986 s. 8;
amended by No. 31 of 1995 s. 27; No. 23 of 1996 s. 30; No. 24 of 2002
s. 26(2)-(4).]