2014-01-13 Item 6.3 Appendices 1-5

Local Government (De-amalgamation Implementation) Regulation 2013
Part 5 Local laws and other instruments
{[s 46]
46      Planning instruments for new local government
        (1)  A current planning instrument applying to a continuing local
             government, from the changeover day, is taken to be a
             planning instrument applying to the related new local
             government.
        (2)  A current planning instrument taken to be a planning
             instrument applying to    a new local government under
             subsection (1) must be read with the changes necessary to
             make it consistent with, and adapt its operation to, this
             regulation.
        (3)  A planning scheme taken to be a planning instrument
             applying to a new local government under subsection (1) is
             taken to have been originally made by the new local
             government on the day that it was originally made by the
             continuing local government.
             Note—
               See the Planning Act, section 91 (Local government must review
               planning scheme every 10 years).
        (4)  If a continuing local government started to prepare a new
             planning scheme for its local government area, but did not
             finish preparing the planning scheme, before the changeover
             day—
             (a)   the related new local government may, from the
                   changeover day, continue preparing the new planning
                   scheme; and
             (b)   the new planning scheme, when approved under the
                   Planning Act,    will apply only to the new local
                   government area of the new local government.
        (5)   In this section—
             current planning instrument, applying to a continuing local
              government, means a planning instrument applying to the
              continuing  local   government    immediately   before   the
              changeover day.

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