Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commission
may —
(a)
certify in writing to the Minister that for the purpose of advancing the
planning, development and use of any land —
(i)
the land should be dealt with in all or any of the
following ways, namely, planned, replanned, designed, redesigned,
consolidated, resubdivided, cleared, developed, reconstructed or
rehabilitated; or
(ii)
provision should be made for the land to be used for such
residential, commercial, industrial, public, recreational, institutional,
religious, charitable or other uses, buildings, works, improvements or
facilities, or spaces for those purposes, as may be appropriate or necessary;
and
(b)
recommend to the Minister that the land should be so dealt with or used for
that purpose and made the subject of an improvement plan.
(2) The recommendation
is to be accompanied by a copy of the improvement plan and such supporting
maps and texts as the Minister may require.
(3A) The power in
subsection (1) cannot be exercised in respect of any land that
is —
(a) land
to which an approved redevelopment scheme under the Metropolitan Redevelopment
Authority Act 2011 applies; or
(b) in
the redevelopment area as defined in the Hope Valley-Wattleup Redevelopment
Act 2000 ; or
(c) in
the development control area as defined in the Swan and Canning Rivers
Management Act 2006 .
(3B) Before making a
recommendation under subsection (1)(b) in relation to an improvement plan that
authorises the making of an improvement scheme to apply to land in the
district of a local government, the Commission must consult with the local
government.
(3C) An improvement
plan that authorises the making of an improvement scheme must set out the
objectives of the improvement scheme.
(3) If the Minister
accepts the recommendation, the Minister is to forward the recommendation to
the Governor for acceptance.
(4) An improvement
plan comes into force on the day on which notice of the acceptance of the
recommendation of the Governor, and a summary of the improvement plan, is
published in the Gazette .
(5A) The Minister
must, as soon as is practicable after notice in respect of an improvement plan
is published under subsection (4), cause a copy of the improvement plan
to be laid before each House of Parliament or dealt with under
section 268A.
(5) Section 195
applies in respect of the acquisition of land included in an improvement plan
in force under this section.
[Section 119 amended by No. 28 of 2010
s. 10; No. 45 of 2011 s. 141(8).]