Version 1 - Superseded Planning Scheme
- Citation and commencement
- Part 1 About the planning scheme
- Part 2 State planning provisions
- Part 3 Strategic framework
- Part 4 Local Government Infrastructure Plan (LGIP)
- Part 5 Tables of assessment
- Part 6 Zones
- Part 7 Local plans
- Part 8 Overlays
- Part 9 Development codes
- Part 10 Other plans
- Schedule 1 Definitions
- Schedule 2 Mapping
- Schedule 3 Local Government Infrastructure Plan (LGIP) mapping and tables
- Schedule 4 Notations required under the Sustainable Planning Act 2009
- Schedule 5 Land designated for community infrastructure
- Schedule 6 Planning scheme policies
- Appendices
1.3 Interpretation
1.3.1 Definitions
- A term used in the planning scheme has the meaning assigned to that term by one of the following:
- the Act
- the Sustainable Planning Regulation 2009 (the Regulation)
- the definitions in Schedule 1 of the planning scheme
- the Acts Interpretation Act 1954
- the ordinary meaning where that term is not defined in the Act, the Regulation, Schedule 1 of the planning scheme or the Acts Interpretation Act 1954.
- In the event a term has been assigned a meaning in more than one of the instruments listed in sub-section 1.3.1(1), the meaning contained in the instrument highest on the list will prevail.
- A reference in the planning scheme to any act includes any regulation or instrument made under it, and where amended or replaced, if the context permits, means the amended or replaced act.
- A reference in the planning scheme to a specific resource document or standard, means the latest version of the resource document or standard.
- A reference to a part, section, table or schedule is a reference to a part, section, table or schedule of the planning scheme.
1.3.2 Standard drawings, maps, notes, editor's notes and footnotes
- Standard drawings contained in codes or schedules are part of the planning scheme.
- Maps provide information to support the outcomes and are part of the planning scheme.
- Notes are identified by the title 'note' and are part of the planning scheme.
- Editor's notes and footnotes are extrinsic material, as per the Acts Interpretation Act 1954, and are identified by the title 'editor's note' and 'footnote' and are provided to assist in the interpretation of the planning scheme; they do not have the force of law.
Note—This is an example of a note.
Editor's note—This is an example of an editor's note.
Footnote1—See example at bottom of page.
1.3.3 Punctuation
- A word followed by ';' or ', and' is considered to be 'and'
- A word followed by '; or' means either or both options can apply.
1.3.4 Zones for roads, waterways and reclaimed land
- The following applies to a road, closed road, waterway or reclaimed land in the planning scheme area:
- if adjoined on both sides by land in the same zone—the road, closed road, waterway or reclaimed land is in the same zone as the adjoining land
- if adjoined on one side by land in a zone and adjoined on the other side by land in another zone—the road, closed road, waterway or reclaimed land is in the same zone as the adjoining land when measured from a point equidistant from the adjoining boundaries
- if the road, closed road, waterway or reclaimed land is adjoined on one side only by land in a zone—the entire waterway or reclaimed land is in the same zone as the adjoining land
- if the road, closed road, waterway or reclaimed land is covered by a zone then that zone applies.
Note—The boundaries of the local government area are described by the maps referred to in the Local Government Regulation 2012.