Western Australia regulation

Planning and Development (Transitional) Regulations 2006

In ForceWA

Jurisdiction

Western Australia

Collection

regulation

Plain English Summary

2/10 complexity

These Regulations provide transitional rules for shifting planning policy work and delegation references from the Town Planning and Development Act 1928 into the Planning and Development Act 2005. They let policy statements already being prepared continue under the new Act (r.3) and treat references in old delegation instruments as referring to corresponding provisions in the new Act (r.4). The Western Australian Planning Commission can avoid repeating prior consultation if it met s5AA(3) before commencement (r.3(3)), reducing the Commission’s compliance burden.

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Current sections

Direct links to the current provisions in Planning and Development (Transitional) Regulations 2006.

Planning and Development (Transitional) Regulations 2006

CrestWestern Australia

Planning and Development (Consequential and Transitional Provisions) Act 2005

Planning and Development (Transitional) Regulations 2006

Western Australia

Planning and Development (Transitional) Regulations 2006

Contents

Citation 1
Commencement 1
State planning policies in course of preparation 1
Construction of references in instruments of delegation 2

Notes

Compilation table 3

Defined terms

Western Australia

Planning and Development (Consequential and Transitional Provisions) Act 2005

Planning and Development (Transitional) Regulations 2006

1. Citation

	These regulations are the *Planning and Development (Transitional) Regulations 2006*.

2. Commencement

These regulations are deemed to have come into operation on 9 April 2006.

3. State planning policies in course of preparation

(1) In this regulation —

commencement day means the day on which the Planning and Development Act 2005 section 28 comes into operation.

(2) Any statement of planning policy or amendment to a statement of planning policy that, immediately before the commencement day, was being prepared under the Town Planning and Development Act 1928, may continue to be prepared as a State planning policy or amendment to a State planning policy under the Planning and Development Act 2005 as if the steps taken under the Town Planning and Development Act 1928 were taken under the Planning and Development Act 2005.

(3) For the purposes of subregulation (2), if the Western Australian Planning Commission, before the commencement day, had complied with the requirements of the Town Planning and Development Act 1928 section 5AA(3) in relation to the statement of planning policy or amendment, the Commission is not required to comply with the requirements of the Planning and Development Act 2005 sections 27 and 28.

4. Construction of references in instruments of delegation

Unless the context otherwise requires, a reference in an instrument of delegation made under an Act repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 to a provision repealed under that Act includes a reference to the corresponding provision, if any, of the Planning and Development Act 2005.

Notes

1 This is a compilation of the Planning and Development (Transitional) Regulations 2006. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Planning and Development (Transitional) Regulations 2006	5 May 2006 p. 1734-5	9 Apr 2006 (see r. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

commencement day 3(1)

Source text

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

Western Australia

Planning and Development (Consequential and Transitional Provisions) Act 2005

Planning and Development (Transitional) Regulations 2006

Western Australia

Planning and Development (Transitional) Regulations 2006

Contents

Citation 1
Commencement 1
State planning policies in course of preparation 1
Construction of references in instruments of delegation 2

Notes

Compilation table 3

Defined terms

Western Australia

Planning and Development (Consequential and Transitional Provisions) Act 2005

Planning and Development (Transitional) Regulations 2006

1. Citation

	These regulations are the *Planning and Development (Transitional) Regulations 2006*.

2. Commencement

These regulations are deemed to have come into operation on 9 April 2006.

3. State planning policies in course of preparation

(1) In this regulation —

commencement day means the day on which the Planning and Development Act 2005 section 28 comes into operation.

4. Construction of references in instruments of delegation

Unless the context otherwise requires, a reference in an instrument of delegation made under an Act repealed by the to a provision repealed under that Act includes a reference to the corresponding provision, if any, of the .