Western Australian Consolidated Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 77

77 .         State planning policies, effect of on schemes

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

            (a)         is to have due regard to any State planning policy which affects its district; and

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

        (2)         Where a scheme includes a provision referred to in subsection (1)(b) —

            (a)         the scheme is to have effect as if the State planning policy, as from time to time amended, or any subsequent policy by which it is repealed under this Act, were set out in full in the scheme; and

            (b)         the State planning policy is to have effect as part of the scheme subject to any modifications set out in the scheme.

        (3)         Modifications referred to in subsection (2)(b) prevail over any later amendment of the State planning policy, or subsequent policy referred to in subsection (2)(a), which is inconsistent with the modifications.