No compensation if scheme’s provisions are, or could have been, in certain other laws
175 No compensation if scheme’s provisions are, or could have been, in certain other laws
When land is alleged to be injuriously affected by reason of the making or amendment of a planning scheme, no compensation is payable in respect of the injurious affection if or so far as the relevant provisions of the planning scheme are —
also contained in any Act, or in any order having the force of an Act of Parliament, in operation in the area; or
such as would have been enforceable without compensation if they had been contained in local laws.
When land is alleged to be injuriously affected by the making of the first Swan Valley Planning Scheme, no compensation is payable in respect of the injurious affection if or so far as the relevant provisions of the Swan Valley Planning Scheme were also contained in a relevant planning scheme (as defined in the Swan Valley Planning Act 2020 section 9) that applied to the Swan Valley before the scheme start day referred to in that section.
When land is alleged to be injuriously affected by the amendment of the Metropolitan Region Scheme by the amendment Act, no compensation is payable in respect of the injurious affection if or so far as the relevant provisions of the Metropolitan Region Scheme were also contained in a relevant planning scheme that applied in the metropolitan region before commencement day.
In subsection (2A) —
amendment, of the Metropolitan Region Scheme, includes deletion, without substitution, of a provision of the Scheme;
amendment Act means the Planning and Development Amendment (Metropolitan Region Scheme) Act 2024;
commencement day means the day on which section 17 of the amendment Act comes into operation;
relevant planning scheme means —
the Metropolitan Region Scheme as in force immediately before commencement day; or
a local planning scheme that applies to land in the metropolitan region immediately before commencement day; or
an improvement scheme that applies to land in the metropolitan region immediately before commencement day.
A reference in this section to provisions includes a reference to maps, plans and diagrams.
[Section 175 amended: No. 45 of 2020 s. 82; No. 41 of 2024 s. 17.]
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