Planning and Development Act 2005 amended
186 Planning and Development Act 2005 amended
This section amends the Planning and Development Act 2005.
In section 4(1):
in the definition of development paragraph (c) delete “Conservation Order made under section 59 of the Heritage of Western Australia Act 1990” and insert:
protection order made under the Heritage Act 2018 Part 4 Division 1
in the definition of Heritage Council delete “under the Heritage of Western Australia Act 1990;” and insert:
by the Heritage Act 2018;
In section 36(b):
delete “any Order made under section 59 of the Heritage of Western Australia Act 1990,” and insert:
any protection order made under the Heritage Act 2018 Part 4 Division 1,
delete “section 60” and insert:
section 62
In section 79 delete “the Register or on any inventory maintained under section 45 or 46 of the Heritage of Western Australia Act 1990” and insert:
the register established and maintained under the Heritage Act 2018 section 35(1) or in any local heritage survey prepared under section 103(1) of that Act
In section 103(2)(d) delete “Heritage of Western Australia Act 1990” and insert:
Heritage Act 2018
In section 112(4) delete “section 78 of the Heritage of Western Australia Act 1990.” and insert:
the Heritage Act 2018 Part 5 Division 2.
In section 112(5) delete “Heritage of Western Australia Act 1990” and insert:
Heritage Act 2018
In section 137(1) delete “to which section 78 of the Heritage of Western Australia Act 1990 applies.” and insert:
included in a place of a kind mentioned in the Heritage Act 2018 section 72(1).
Delete section 137(2) and insert:
The Commission must not grant an application for its approval under section 135 or 136 in respect of land to which this section applies unless the requirements of the Heritage Act 2018 Part 5 Division 2 have been observed.
In section 137(3):
delete “section 78(2)(a) of the Heritage of Western Australia Act 1990” and insert:
the Heritage Act 2018 section 76(3)
in paragraph (a) delete “section 78 of the Heritage of Western Australia Act 1990; or” and insert:
the Heritage Act 2018 section 76(3); or
in paragraph (b) delete “section 78(2)(b) and (c) of the Heritage of Western Australia Act 1990.” and insert:
the Heritage Act 2018 section 76(6).
Delete section 137(4).
Delete section 163 and insert:
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.