METROPOLITAN REGION TOWN PLANNING SCHEME ACT 1959 - SECT 35B
This legislation has been repealed.
METROPOLITAN REGION TOWN PLANNING SCHEME ACT 1959 - SECT 35B
35B . Effect of Part IVA
(1) This Part shall
prevail over anything in —
(a) any
other Part;
(b) any
town planning scheme that has effect under section 7 of the Town Planning Act;
(c) the
Scheme; or
(d) the
Town Planning Act,
to the extent of any
inconsistency therewith.
(2) Nothing in this
Part affects —
(a) the
continued use of any land in a planning control area for the purpose for which
it was lawfully being used; or
(b) the
continuation and completion of the development of any land in a planning
control area, including the erection, construction, alteration or carrying
out, as the case requires, of any building, excavation or other works on that
land, which development was lawfully being carried out,
immediately before the
declaration of the planning control area.
(3) The power in
section 35C(1) shall not be exercised in respect of any land or waters in the
management area of the Swan River Trust within the meaning of the
Swan River Trust Act 1988 .
(4) This Part and the
operation of any approval of development granted under this Part shall have
effect subject to section 78 of the Heritage of Western Australia Act 1990 .
(5) A declaration
under section 35C(1) that is in force immediately before the commencement of
the Acts Amendment (Swan River Trust) Act 1988 1 ceases to have any force on
that commencement in respect of any land or waters referred to in subsection
(3).
[Section 35B inserted by No. 79 of 1981 s. 7;
amended by No. 21 of 1988 s. 12; No. 97 of 1990 s. 26; No. 84 of 1994 s. 10.]