Western Australian Consolidated Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 257B

257B .         Deemed provisions, effect of

        (1)         In this section —

        deemed provision means a provision designated as a deemed provision under section 256(5)(b).

        (2)         Deemed provisions, as amended from time to time, have effect and may be enforced as part of each local planning scheme to which they apply, whether they are prescribed before or after the scheme comes into force.

        (3)         If a deemed provision that has effect as part of a local planning scheme is inconsistent with another provision of the scheme, the deemed provision prevails and the other provision is to the extent of the inconsistency of no effect.

        (4)         It is sufficient compliance with section 54(a), 87(3)(a), 91(1) or 92(2)(b) if a local planning scheme is published under that provision without the deemed provisions.

        (5)         Each local government, in preparing a local planning scheme or a consolidation of a local planning scheme, must ensure that the scheme is consistent with any deemed provision that applies to the scheme.

        [Section 257B inserted by No. 28 of 2010 s. 64.]

[ 257.         Deleted by No. 28 of 2010 s. 65.]