TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 7

This legislation has been repealed.

TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 7

7 .         Preparation of schemes

        (1)         A local government may, subject to section 7A, prepare a town planning scheme, or an amendment to a town planning scheme, with reference to any land within its district, or with reference to land within its district and other land within any adjacent district, or may adopt, with or without modifications, any such scheme proposed by all or any of the owners of any land with respect to which the local government might itself have prepared a scheme.

        (2)         Subject to subsection (2aa), a town planning scheme prepared or adopted, or an amendment to a town planning scheme prepared, by a local government shall —

            (a)         after compliance with sections 7A1 and 7A2 in respect of that town planning scheme or amendment, be advertised for public inspection in accordance with the regulations; and

            (b)         after advertisement under this subsection and compliance with sections 7A3 and 7A4 in respect of that town planning scheme or amendment, be submitted to the Minister for his approval.

        (2aa)         A local government shall, before submitting a town planning scheme or amendment to the Minister under subsection (2)(b), make reasonable endeavours to consult in respect of the town planning scheme or amendment such public authorities and persons as appear to the local government to be likely to be affected by the town planning scheme or amendment.

        (2a)         The Minister may, in relation to a town planning scheme or amendment submitted to him under subsection (2)(b) —

            (a)         approve of that town planning scheme or amendment;

            (b)         require the local government concerned to modify that town planning scheme or amendment in such manner as he specifies before that town planning scheme or amendment is resubmitted for his approval under this subsection; or

            (c)         refuse to approve of that town planning scheme or amendment.

        (3)         A town planning scheme or amendment to a town planning scheme, when approved of by the Minister and published in the Gazette , shall have full force and effect as if it were enacted by this Act.

        (3a)         It is sufficient compliance with subsection (3) if a town planning scheme or amendment to a town planning scheme is published in the Gazette without any maps, plans or diagrams which form part of the town planning scheme or amendment.

        (4)         A town planning scheme may, subject to section 7A, be —

            (a)         revoked by a subsequent town planning scheme;

            (b)         varied or amplified by an amendment to the scheme prepared by the local government, approved by the Minister and published in the Gazette ;

            (c)         revoked by an instrument of revocation made by the local government, approved by the Minister and published in the Gazette .

        (5)         Every local government in preparing or amending a town planning scheme —

            (a)         shall have due regard to any approved statement of planning policy prepared under section 5AA which affects its district; and

            (b)         may include in the scheme a provision that a specified statement of planning policy, with such modifications as may be set out in the scheme, shall be read as part of the scheme, or a provision however expressed to the same effect,

                and where a scheme includes such a provision —

            (c)         the scheme shall have effect as if the statement of planning policy, as from time to time duly amended, or any subsequent statement by which it is revoked as mentioned in section 5AA(6) were set out in full in the scheme; and

            (d)         the statement of planning policy shall have effect as part of the scheme subject to any modifications set out therein, which modifications shall prevail over any later amendment of the statement, or subsequent statement, referred to in paragraph (c) which is inconsistent therewith.

        (6)         Where any entry in the Register or on any list maintained under section 46 or section 45 of the Heritage of Western Australia Act 1990 relates to land or waters that are within or abut a local government district, the local government in preparing or amending a town planning scheme shall refer the proposed scheme to the Heritage Council for advice in so far as any proposal under that scheme affects or may affect any such land or waters, shall have regard to any advice furnished, and shall not, without the consent of the Minister, proceed with the proposal unless or until that advice has been received.

        (7)         If a management programme in force under Part 3 of the Swan River Trust Act 1988 relates to land or waters that are within or abut the district of a local government referred to in Schedule 2 of that Act, that local government in preparing or amending a town planning scheme shall have due regard to that management programme.

        [Section 7 amended by No. 61 of 1958 s. 3; No. 103 of 1976 s. 4; No. 72 of 1980 s. 6; No. 120 of 1982 s. 4(1); No. 32 of 1983 s. 2; No. 21 of 1988 s. 20; No. 97 of 1990 s. 12; No. 84 of 1994 s. 53; No. 31 of 1995 s. 27; No. 14 of 1996 s. 4; No. 23 of 1996 s. 44; No. 57 of 1997 s. 121(1); No. 24 of 2000 s. 41.]