Western Australian Consolidated Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 6

6 .         Act does not interfere with public works

        (1)         Subject to section 5(2) and (3) and subsections (2) and (3) of this section, nothing in this Act interferes with the right of the Crown, or the Governor, or the Government of the State, or a local government —

            (a)         to undertake, construct or provide any public work; and

            (b)         to take land for the purposes of that public work.

        (2)         Rights referred to in subsection (1) are to be exercised having regard to —

            (a)         the purpose and intent of any planning scheme that has effect in the locality where, and at the time when, the right is exercised; and

            (b)         the orderly and proper planning, and the preservation of the amenity, of that locality at that time.

        (3)         The responsible authority is to be consulted at the time when a proposal for any public work, or for the taking of land for a public work, is being formulated to ensure that the undertaking, construction, or provision of, or the taking of land for, the public work will comply with subsection (2).

        [Section 6 amended by No. 28 of 2010 s. 6.]