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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Planning and Development (Consequential and
Transitional Provisions) Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
Part 2 -- Repeal and amendment of
legislation
Division 1 -- Acts repealed
4. Acts in Schedule 1 repealed 3
Division 2 -- Land Administration Act 1997
5. Land Administration Act 1997 amended 3
6. Section 3 amended 3
7. Section 23 amended 3
8. Section 26 amended 3
9. Section 26A inserted 4
10. Section 27 amended 5
11. Section 190 amended 5
12. Section 196 amended 5
13. Section 274 amended 5
Division 3 -- Local Government (Miscellaneous
Provisions) Act 1960
14. Local Government (Miscellaneous Provisions)
Act 1960 amended and transitional 6
Division 4 -- Miscellaneous amendments
15. Acts in Schedule 2 amended 6
16. Power to amend regulations 6
314--2B page i
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Contents
Part 3 -- SAT amendments
17. The Act amended 8
18. Section 3 amended 8
19. Section 36 amended 8
20. Section 170 amended 8
21. Section 174 amended 9
22. Section 176 amended 9
23. Section 185 amended 9
24. Section 188 amended 9
25. Section 210 amended 10
26. Section 211 amended 10
27. Section 215 amended 10
28. Part 14 headings replaced 11
29. Sections 236 and 237 replaced 11
30. Section 238 amended 13
31. Section 239 repealed 14
32. Part 14 Divisions 2 and 3 repealed 14
33. Part 14 Division 4 heading deleted 14
34. Sections 247 to 257 repealed 14
35. Section 258 amended 15
36. Section 259 repealed 16
37. Section 260 amended 16
38. Section 261 amended 16
39. Section 262 replaced 17
40. Sections 263 to 265 repealed and section 263 inserted 17
41. Section 266 amended 18
42. Sections 267 and 268 repealed 18
43. Part 14 Division 5 heading deleted 18
44. Section 269 amended 18
45. Section 270 amended 19
46. Section 271 amended 20
47. Part 14 Division 6 heading deleted 21
48. Sections 273 to 275 repealed 21
49. Section 276 amended 21
50. Section 277 amended 21
51. Section 278 amended 22
52. Section 279 amended 23
53. Section 280 amended 24
54. Section 281 amended 24
55. Section 282 replaced 24
page ii
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Contents
56. Schedule 7 amended 24
57. Schedules 10 and 11 repealed 25
Part 4 -- Transitional and saving
provisions
Division 1 -- Preliminary
58. Application of Interpretation Act 1984 26
59. Transitional regulations 26
60. Construction of references in written laws 27
Division 2 -- Continuation of various bodies,
memberships and appointments
61. WAPC continues 28
62. Membership of Commission 28
63. Staff 29
64. Committees 30
65. Board of Valuers 31
Division 3 -- Transitional provisions
66. Subsidiary legislation and fees 32
67. Planning schemes in course of preparation 32
68. Caveats 33
Division 4 -- Other savings
69. Section 9(4) and (5) TPD Act 33
70. Section 28A(5) TPD Act 33
71. Section 37A(4a) MRTPS Act 33
Schedule 1 -- Acts repealed 34
Schedule 2 -- Consequential
amendments 35
1. Agricultural Practices (Disputes) Act 1995 35
2. Anzac Day Act 1960 35
3. Armadale Redevelopment Act 2001 35
4. Bail Act 1982 38
5. Betting Control Act 1954 39
6. Caravan Parks and Camping Grounds Act 1995 39
7. Carbon Rights Act 2003 39
8. Casino (Burswood Island) Agreement Act 1985 40
9. Commercial Tenancy (Retail Shops) Agreements
Act 1985 40
page iii
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Contents
10. Conservation and Land Management Act 1984 41
11. Constitution Acts Amendment Act 1899 41
12. Contaminated Sites Act 2003 41
13. Control of Vehicles (Off-road Areas) Act 1978 41
14. Country Housing Act 1998 42
15. Dog Act 1976 42
16. East Perth Redevelopment Act 1991 42
17. Energy Operators (Powers) Act 1979 45
18. Environmental Protection Act 1986 45
19. Esperance Port Authority Lands Act 1979 52
20. Family Court Act 1997 52
21. Forest Products Act 2000 52
22. Forrest Place and City Station Development Act 1985 52
23. Gaming and Wagering Commission Act 1987 53
24. Gas Corporation (Business Disposal) Act 1999 53
25. Government Employees' Housing Act 1964 53
26. Heritage of Western Australia Act 1990 53
27. Hope Valley-Wattleup Redevelopment Act 2000 55
28. Housing Act 1980 57
29. Housing Loan Guarantee Act 1957 58
30. Interpretation Act 1984 58
31. Jetties Act 1926 58
32. Land Tax Assessment Act 2002 58
33. Liquor Licensing Act 1988 60
34. Local Government Act 1995 60
35. Marine and Harbours Act 1981 60
36. Metropolitan Region Scheme (Fremantle) Act 1994 60
37. Midland Redevelopment Act 1999 61
38. Mining Act 1978 64
39. Motor Vehicle Dealers Act 1973 64
40. Motor Vehicle Repairers Act 2003 64
41. Perth Parking Management Act 1999 65
42. Petroleum Pipelines Act 1969 65
43. Pigment Factory (Australind) Agreement Act 1986 65
44. Port Authorities Act 1999 66
45. Port Kennedy Development Agreement Act 1992 66
46. Property Law Act 1969 66
47. Racing and Wagering Western Australia Act 2003 67
48. Racing Restriction Act 2003 67
49. Rail Freight System Act 2000 68
50. Road Safety Council Act 2002 68
page iv
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Contents
51. Sale of Land Act 1970 69
52. Settlement Agents Act 1981 69
53. Silicon (Kemerton) Agreement Act 1987 69
54. Small Business Development Corporation Act 1983 70
55. Small Claims Tribunals Act 1974 70
56. Soil and Land Conservation Act 1945 70
57. Stamp Act 1921 70
58. Strata Titles Act 1985 71
59. Subiaco Redevelopment Act 1994 74
60. Swan River Trust Act 1988 77
61. Swan Valley Planning Act 1995 78
62. Taxation Administration Act 2003 80
63. Transfer of Land Act 1893 80
64. Tree Plantation Agreements Act 2003 81
65. Water Agencies (Powers) Act 1984 81
66. Water Services Licensing Act 1995 82
67. Waterways Conservation Act 1976 83
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended by the Legislation Committee)
Planning and Development (Consequential and
Transitional Provisions) Bill 2004
A Bill for
An Act --
• to repeal the following Acts --
Metropolitan Region Town Planning Scheme Act 1959;
Town Planning and Development Act 1928;
Western Australian Planning Commission Act 1985;
• to amend certain other Acts; and
• for purposes relating to those repeals and amendments and to the
enactment of the Planning and Development Act 2004.
The Parliament of Western Australia enacts as follows:
page 1
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Planning and Development
(Consequential and Transitional Provisions) Act 2004.
5 2. Commencement
(1) This Act comes into operation on a day to be fixed by
proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 3. Interpretation
In this Act --
"commencement day" means the day on which this section
comes into operation;
"existing Commission" means the Commission established
15 under the WAPC Act;
"MRTPS Act" means the Metropolitan Region Town Planning
Scheme Act 1959;
"PD Act" means the Planning and Development Act 2004;
"TPD Act" means the Town Planning and Development
20 Act 1928;
"WAPC Act" means the Western Australian Planning
Commission Act 1985.
page 2
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Repeal and amendment of legislation Part 2
Acts repealed Division 1
s. 4
Part 2 -- Repeal and amendment of legislation
Division 1 -- Acts repealed
4. Acts in Schedule 1 repealed
The Acts mentioned in Schedule 1 are repealed.
5 Division 2 -- Land Administration Act 1997
5. Land Administration Act 1997 amended
The amendments in this Division are to the Land Administration
Act 1997*.
[* Reprinted as at 22 June 2001.
10 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 206-7
and Act No. 56 of 2003.]
6. Section 3 amended
Section 3(1) is amended in the definition of "Planning
15 Commission" by deleting "by the Western Australian Planning
Commission Act 1985;" and inserting instead --
" under the Planning and Development Act 2004; ".
7. Section 23 amended
Section 23(1)(b) is amended by deleting "the Town Planning
20 and Development Act 1928," and inserting instead --
" the Planning and Development Act 2004, ".
8. Section 26 amended
Section 26(2) is amended by deleting "The Minister" and
inserting instead --
25 " Subject to section 26A, the Minister ".
page 3
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 2 Repeal and amendment of legislation
Division 2 Land Administration Act 1997
s. 9
9. Section 26A inserted
After section 26 the following section is inserted --
"
26A. Names of roads and areas in new subdivisions
5 (1) If a person delivers a diagram or plan of survey of a
subdivision of land approved by the Planning
Commission to a local government, and the proposed
subdivision includes the provision of a road for use by
the public, that person must also deliver to the local
10 government the name proposed to be given to the road.
(2) The local government may require the person so
subdividing the land --
(a) to propose a name for the proposed road or, if a
name has already been proposed, to alter that
15 name; and
(b) to propose a name for the area the subject of the
proposed subdivision, or if a name has already
been proposed, to alter that name.
(3) If the local government approves a name proposed
20 under subsection (1) or (2), the local government is to
forward the proposal to the Minister.
(4) The Minister may --
(a) approve the proposed name;
(b) direct the local government to reconsider the
25 proposed name, having regard to such matters
as the Minister may mention in the direction; or
(c) refuse to approve the proposed name.
(5) A person must not --
(a) assign a name to the area or road unless the
30 name is first approved by the Minister;
page 4
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Repeal and amendment of legislation Part 2
Land Administration Act 1997 Division 2
s. 10
(b) alter or change a name that has been so
assigned, whether initially or from time to time,
to the area or road unless the Minister first
approves of the alteration or change of that
5 name.
Penalty: $1 000 and a daily penalty of $100.
".
10. Section 27 amended
Section 27(5) is repealed.
10 11. Section 190 amended
Section 190(1)(e)(i) is amended by deleting "the Town Planning
and Development Act 1928" and inserting instead --
" the Planning and Development Act 2004 ".
12. Section 196 amended
15 Section 196(9) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2004 ".
13. Section 274 amended
Section 274(6) is amended by deleting "the Metropolitan
20 Region Town Planning Scheme Act 1959" and inserting
instead --
" the Planning and Development Act 2004 ".
page 5
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 2 Repeal and amendment of legislation
Division 3 Local Government (Miscellaneous Provisions) Act 1960
s. 14
Division 3 -- Local Government (Miscellaneous Provisions)
Act 1960
14. Local Government (Miscellaneous Provisions) Act 1960
amended and transitional
5 (1) The amendment in this section is to the Local Government
(Miscellaneous Provisions) Act 1960*.
[* Reprinted as at 28 July 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 227 and
10 Act No. 50 of 2003 .]
(2) Section 295 is repealed.
(3) Despite the repeal of section 295 of the Local Government
(Miscellaneous Provisions) Act 1960, section 295(4) and (4a) of
that Act continue to apply in relation to the disposal of land
15 where the subdivision of the land was approved before the
coming into operation of this section.
(4) Until minimum standards of construction and drainage are fixed
under section 169 of the Planning and Development Act 2004,
the minimum standards fixed under section 295(3a) of the Local
20 Government (Miscellaneous Provisions) Act 1960 apply for the
purposes of the Planning and Development Act 2004 as if they
had been fixed under that Act.
Division 4 -- Miscellaneous amendments
15. Acts in Schedule 2 amended
25 The Acts mentioned in Schedule 2 are amended as set out in
that Schedule.
16. Power to amend regulations
(1) The Governor, on the recommendation of the Minister, may
make subsidiary legislation amending subsidiary legislation
30 made under any Act.
page 6
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Repeal and amendment of legislation Part 2
Miscellaneous amendments Division 4
s. 16
(2) The Minister may make a recommendation under subsection (1)
only if the Minister considers that each amendment proposed to
be made by the regulations is necessary or desirable as a
consequence of the enactment of the PD Act or this Act.
5 (3) Nothing in this section prevents subsidiary legislation from
being amended in accordance with the Act under which it was
made.
page 7
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 17
Part 3 -- SAT amendments
17. The Act amended
The amendments in this Part are to the Planning and
Development Act 2004*.
5 [* Bill currently before Parliament as Planning and
Development Bill 2004.]
18. Section 3 amended
Section 3(1) is amended by deleting the definitions of "appeal",
"deputy President", "party", "President", "Principal Registrar",
10 "rules", "Tribunal" and "Tribunal member".
19. Section 36 amended
Section 36(b) is amended as follows:
(a) by deleting "an appeal" and inserting instead --
" an application ";
15 (b) by inserting before "Tribunal" --
" State Administrative ".
20. Section 170 amended
Section 170(5) is amended as follows:
(a) by deleting "appeal to the Tribunal" and inserting
20 instead --
"
apply to the State Administrative Tribunal for a
review
";
25 (b) by deleting "against" and inserting instead --
" of ".
page 8
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 21
21. Section 174 amended
Section 174(4) is amended by inserting before "Tribunal" --
" State Administrative ".
22. Section 176 amended
5 Section 176(1) is amended by inserting before "Tribunal" --
" State Administrative ".
23. Section 185 amended
Section 185(1)(b) is amended as follows:
(a) by deleting "determination appealed against by" and
10 inserting instead --
" decision for the review of which ";
(b) by inserting after "claimant" --
" has made an application ";
(c) by inserting before "Tribunal" --
15 " State Administrative ".
24. Section 188 amended
(1) Section 188(2)(b) is deleted and the following paragraph is
inserted instead --
"
20 (b) by the State Administrative Tribunal on the
owner of the land applying to it for a
determination of that value;
".
(2) Section 188(3)(b) is amended by inserting before "Tribunal" --
25 " State Administrative ".
page 9
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 25
25. Section 210 amended
Section 210(4) is repealed and the following subsection is
inserted instead --
"
5 (4) A local government may apply to the State
Administrative Tribunal for a review, in accordance
with Part 14, of any order of the Minister under this
section.
".
10 26. Section 211 amended
(1) Section 211(2) is amended by inserting before "Tribunal" --
" State Administrative ".
(2) Section 211(3) is amended by deleting "appeal" and inserting
instead --
15 " application for review ".
(3) Section 211(4) is amended by inserting before "Tribunal" --
" State Administrative ".
(4) Section 211(5) is amended by inserting before "Tribunal" --
" State Administrative ".
20 27. Section 215 amended
(1) Section 215(1)(a)(ii) is amended as follows:
(a) by deleting "appeal" and inserting instead --
" apply ";
(b) by deleting "against" and inserting instead --
25 " for a review of ".
page 10
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 28
(2) Section 215(1)(b) is amended as follows:
(a) by deleting "appeal" and inserting instead --
" application ";
(b) by deleting "against" and inserting instead --
5 " for a review of ";
(c) by inserting before "Tribunal" --
" State Administrative ".
28. Part 14 headings replaced
The heading to Part 14 and the heading to Part 14 Division 1 are
10 deleted and the following heading is inserted instead --
"
Part 14 -- Applications for review
".
29. Sections 236 and 237 replaced
15 Sections 236 and 237 are repealed and the following sections
are inserted instead --
"
236. When this Part applies
(1) In this section --
20 "planning scheme" includes any other instrument that
regulations made under the State Administrative
Tribunal Act 2004 specify to be a planning scheme
for the purposes of subsection (3).
(2) This Part applies if a written law or a planning scheme
25 give the State Administrative Tribunal jurisdiction to
carry out a review in accordance with this Part.
(3) Even if a planning scheme does not expressly give a
person a right to apply to the State Administrative
Tribunal for a review, in accordance with this Part, of a
page 11
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 29
decision or matter, the planning scheme is taken to give
that right if --
(a) the planning scheme is expressed as conferring
on the person a right to appeal against the
5 decision, or to refer the matter, under this Act;
or
(b) the planning scheme is expressed as conferring
on the person a right to appeal or apply for
review in respect of the matter and the matter
10 involves the exercise by the responsible
authority of a discretionary power.
(4) Subsection (3) applies even if the planning scheme
provides for the appeal, referral or application to be
made otherwise than to the State Administrative
15 Tribunal or, in the circumstances described in
paragraph (b) of that subsection, otherwise than in
accordance with this Part.
(5) A provision in a planning scheme of the kind described
in subsection (3)(a) or (b) has no effect other than the
20 effect given to that provision by subsection (3).
237. Terms used in this Part
In this Part, unless the contrary intention appears --
"ordinary member" has the meaning given to that
term in section 3(1) of the State Administrative
25 Tribunal Act 2004;
"party" has the meaning given to that term in
section 36 of the State Administrative Tribunal
Act 2004;
"President" means the President of the State
30 Administrative Tribunal.
".
page 12
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 30
30. Section 238 amended
(1) Section 238(1) is amended by deleting "Each Tribunal member
is to be a person who, in the opinion of the Minister," and
inserting instead --
5 "
The member constituting the State Administrative
Tribunal, or each of them if there is more than one, is
to be a person who
".
10 (2) Section 238(2) is repealed.
(3) Section 238(3) to (5) are repealed and the following subsections
are inserted instead --
"
(3) If the application is for a review of a decision referred
15 to in section 281 or a decision relating to an
environmental condition, the member constituting the
State Administrative Tribunal, or at least one of them if
there is more than one, is to be a person who has
knowledge of and experience in the field of
20 environmental science.
(4) Unless this section does not apply because of
subsection (5), the State Administrative Tribunal is to
be constituted by an ordinary member sitting alone
when dealing with --
25 (a) an application for review of --
(i) the determination of, or conditions
imposed in respect of, a development
application to commence a development
of a value of less than $250 000 or such
30 other amount as is prescribed by
regulations made under the State
Administrative Tribunal Act 2004;
(ii) the determination of, or conditions
imposed in respect of, a development
page 13
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 31
application to commence a development
of a single house on a single lot where
the development is of a value of less
than $500 000 or such other amount as
5 is prescribed by regulations made under
the State Administrative Tribunal
Act 2004, or any development ancillary
to that development; or
(iii) the determination of, or conditions
10 imposed in respect of, an application for
approval to subdivide a lot into not
more than 3 lots;
or
(b) an application that the applicant, with the
15 agreement of each other party, has elected at
the time of making the application to have
determined by an ordinary member sitting
alone.
(5) Subsection (4) does not apply if the President is of the
20 opinion that the application is likely to raise complex
or significant planning issues.
".
31. Section 239 repealed
Section 239 is repealed.
25 32. Part 14 Divisions 2 and 3 repealed
Part 14 Divisions 2 and 3 are repealed.
33. Part 14 Division 4 heading deleted
The heading to Part 14 Division 4 is deleted.
34. Sections 247 to 257 repealed
30 Sections 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 and
257 are repealed.
page 14
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 35
35. Section 258 amended
(1) Section 258(1) and (2) are repealed.
(2) Section 258(3) is amended as follows:
(a) by deleting "An appellant in an appeal described in
5 section 240(3)(a)" and inserting instead --
"
In the case of an application described in
section 238(4)(a), the applicant
";
10 (b) by deleting "appeal is commenced" and inserting
instead --
" application is made ";
(c) by deleting "party to the appeal" and inserting
instead --
15 " party to the application ".
(3) Section 258(4) is amended as follows:
(a) by deleting "appellant" in each place where it occurs and
inserting instead --
" applicant ";
20 (b) by deleting "appeal" in the first place where it occurs
and in paragraph (b) and inserting instead --
" application ";
(c) in paragraph (a) by deleting "has given a direction under
section 240(4) in respect of the appeal" and inserting
25 instead --
"
, being of the opinion that the application is
likely to raise complex or significant planning
issues, directs that the parties may be so
30 represented
".
page 15
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 36
36. Section 259 repealed
Section 259 is repealed.
37. Section 260 amended
Section 260 is amended as follows:
5 (a) by deleting "appeal to the Tribunal from" and inserting
instead --
" application for the review of ";
(b) by deleting "Tribunal is to" and inserting instead --
" State Administrative Tribunal is to ";
10 (c) by deleting "appeal." and inserting instead --
" application. ".
38. Section 261 amended
(1) Section 261(1) is amended as follows:
(a) by deleting "appeal" in each place where it occurs and
15 inserting instead --
" application ";
(b) by inserting before "Tribunal" --
" State Administrative ".
(2) Section 261(2) is amended as follows:
20 (a) by deleting "appeal" in both places where it occurs and
inserting instead --
" application ";
(b) by inserting before "Tribunal" --
" State Administrative ".
25 (3) Section 261(3) is amended as follows:
(a) by deleting "appeal against" and inserting instead --
" application for a review of ";
page 16
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 39
(b) by deleting "appellant" and inserting instead --
" applicant ";
(c) by inserting before "Tribunal" in each place where it
occurs --
5 " State Administrative ".
39. Section 262 replaced
Section 262 is repealed and the following section is inserted
instead --
"
10 262. Submissions from persons who are not parties
The State Administrative Tribunal may receive or hear
submissions in respect of an application from a person
who is not a party to the application if the Tribunal is
of the opinion that the person has a sufficient interest in
15 the matter.
".
40. Sections 263 to 265 repealed and section 263 inserted
Sections 263, 264 and 265 are repealed and the following
section is inserted instead --
20 "
263. Exclusion of powers to join parties
Section 38 of the State Administrative Tribunal
Act 2004 does not apply in a proceeding for a review in
accordance with this Part.
25 ".
page 17
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 41
41. Section 266 amended
(1) Section 266(1) is repealed and the following subsection is
inserted instead --
"
5 (1) The State Administrative Tribunal constituted by the
President may, of its own motion or upon an
application made under subsection (3), review a
direction, determination or order upon a matter
involving a question of law that was made by the State
10 Administrative Tribunal when constituted without a
legally qualified member as defined in section 3(1) of
the State Administrative Tribunal Act 2004.
".
(2) Section 266(2) is amended by inserting before "Tribunal" in
15 both places where it occurs --
" State Administrative ".
(3) Section 266(5) is amended by inserting before "Tribunal" --
" State Administrative ".
42. Sections 267 and 268 repealed
20 Sections 267 and 268 are repealed.
43. Part 14 Division 5 heading deleted
The heading to Part 14 Division 5 is deleted.
44. Section 269 amended
(1) Section 269(1) is amended as follows:
25 (a) by inserting before "Tribunal" in each place where it
occurs --
" State Administrative ";
page 18
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 45
(b) by deleting "appeal" in both places where it occurs and
inserting instead --
" application ".
(2) Section 269(2) is amended as follows:
5 (a) by deleting "appeal" in both places where it occurs and
inserting instead --
" application ";
(b) by inserting before "Tribunal" --
" State Administrative ".
10 (3) Section 269(3) is amended by deleting "appeal" in both places
where it occurs and inserting instead --
" application ".
(4) Section 269(4) is amended by inserting before "Tribunal" in
both places where it occurs --
15 " State Administrative ".
(5) Section 269(5) is amended by deleting "appeal" in both places
where it occurs and inserting instead --
" application ".
45. Section 270 amended
20 (1) Section 270(1) is amended by deleting "appeal" in each place
where it occurs and inserting instead --
" application ".
(2) Section 270(2) is amended as follows:
(a) by deleting "appeal" in both places where it occurs and
25 inserting instead --
" application ";
page 19
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 46
(b) in paragraph (a) by deleting "Principal Registrar" and
inserting instead --
" President ";
(c) in paragraph (b) by inserting before "Tribunal" --
5 " State Administrative ".
(3) Section 270(3) is amended as follows:
(a) in paragraphs (a) and (c) by deleting "appeal" and
inserting instead --
" application ";
10 (b) in paragraph (a) by inserting before "Tribunal" --
" State Administrative ";
(c) by deleting paragraph (b) and "or" after it and inserting
instead --
"
15 (b) more than 14 days after the application was
made to the State Administrative Tribunal; or
".
46. Section 271 amended
(1) Section 271(1) and (2) are amended by deleting "appeal" and
20 inserting instead --
" application ".
(2) Section 271(3) is amended as follows:
(a) by deleting "appeal" and inserting instead --
" application ";
25 (b) by deleting "Principal Registrar" and inserting
instead --
"
executive officer of the State Administrative Tribunal
".
page 20
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 47
(3) Section 271(4)(a) is amended by deleting "appeal" and inserting
instead --
" application ".
47. Part 14 Division 6 heading deleted
5 The heading to Part 14 Division 6 is deleted.
48. Sections 273 to 275 repealed
Sections 273, 274 and 275 are repealed.
49. Section 276 amended
(1) Section 276(1) is amended by deleting "appeal under this Part."
10 and inserting instead --
"
apply to the State Administrative Tribunal for a review,
in accordance with this Part, of the decision to refuse or
to impose the conditions.
15 ".
(2) Section 276(2) is amended by deleting "appeal" and inserting
instead --
" application for review ".
50. Section 277 amended
20 (1) Section 277(1) is amended as follows:
(a) by deleting "appeal against that approval or refusal
under" and inserting instead --
"
apply to the State Administrative Tribunal for a review,
25 in accordance with
";
(b) after "Part" by inserting --
" , of that approval or refusal ".
page 21
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 51
(2) Section 277(2) is amended as follows:
(a) by deleting "An appeal" and inserting instead --
" An application ";
(b) after "subsection (1)" by inserting --
5 " for a review ";
(c) by deleting "the appeal" and inserting instead --
" the application referred ".
51. Section 278 amended
(1) Section 278(1) is amended by deleting "appeal under this Part
10 against" and inserting instead --
"
apply to the State Administrative Tribunal for a review,
in accordance with this Part, of
".
15 (2) Section 278(2) is amended by deleting "appeal under this Part
against" and inserting instead --
"
apply to the State Administrative Tribunal for a review,
in accordance with this Part, of
20 ".
(3) Section 278(3) is amended by deleting "appeal under this Part
against" and inserting instead --
"
apply to the State Administrative Tribunal for a review,
25 in accordance with this Part, of
".
(4) Section 278(4) is amended by deleting "appeal under this Part
against" and inserting instead --
"
30 apply to the State Administrative Tribunal for a review,
in accordance with this Part, of
".
page 22
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 52
(5) Section 278(5) is amended as follows:
(a) by deleting "appeal under" and inserting instead --
" application under ";
(b) by deleting "appeal against" and inserting instead --
5 " application for a review of ".
52. Section 279 amended
(1) Section 279(1) is amended by deleting "appeal under this Part
against" and inserting instead --
"
10 apply to the State Administrative Tribunal for a review,
in accordance with this Part, of
".
(2) Section 279(2) is amended by deleting "appeal under this Part
against" and inserting instead --
15 "
apply to the State Administrative Tribunal for a review,
in accordance with this Part, of
".
(3) Section 279(3) is amended as follows:
20 (a) by deleting "of appeal";
(b) by deleting "planning scheme," and inserting instead --
"
planning scheme to apply for a review of a decision,
";
25 (c) by deleting "appeal in respect" and inserting instead --
" apply for a review ".
page 23
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 3 SAT amendments
s. 53
53. Section 280 amended
Section 280(3) is amended by deleting "appeal under this Part"
and inserting instead --
"
5 apply to the State Administrative Tribunal for a review,
in accordance with this Part,
".
54. Section 281 amended
Section 281 is amended by deleting "appeal under this Part
10 against" and inserting instead --
"
apply to the State Administrative Tribunal for a review,
in accordance with this Part, of
".
15 55. Section 282 replaced
Section 282 is repealed and the following section is inserted
instead --
"
282. Review of section 214 direction
20 A person to whom a direction is given under
section 214 may apply to the State Administrative
Tribunal for review, in accordance with this Part, of the
decision to give the direction.
".
25 56. Schedule 7 amended
Schedule 7 clause 14 is amended by deleting "of appeal to the
Tribunal" and inserting instead --
"
to apply to the State Administrative Tribunal for a review of
30 the exercise of the power
".
page 24
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
SAT amendments Part 3
s. 57
57. Schedules 10 and 11 repealed
Schedules 10 and 11 are repealed.
page 25
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 4 Transitional and saving provisions
Division 1 Preliminary
s. 58
Part 4 -- Transitional and saving provisions
Division 1 -- Preliminary
58. Application of Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 (for example,
5 sections 16(1), 36 and 38) about the repeal of written laws and
the substitution of other written laws for those so repealed apply
to the repeal of an Act mentioned in Schedule 1 as if that Act
were repealed and re-enacted by the PD Act.
(2) The other provisions of this Act are additional to the provisions
10 applied by subsection (1) and except in the case of section 14(3)
and (4) do not affect the operation of the provisions applied by
subsection (1).
59. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
15 transitional matter, regulations under this Act may prescribe all
matters that are required or necessary or convenient to be
prescribed for dealing with the matter.
(2) In subsection (1) --
"transitional matter" means a matter that needs to be dealt
20 with for the purpose of --
(a) effecting the transition from the provisions of the
Acts repealed by this Act to the provisions of the
PD Act; or
(b) effecting the transition from the provisions of an Act
25 amended by a provision of this Act (the "amending
provision") as in force before this Act comes into
operation to the provisions of that Act as in force
after the amending provision comes into operation.
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Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Transitional and saving provisions Part 4
Preliminary Division 1
s. 60
(3) Regulations made under subsection (1) may provide that
specified provisions of the PD Act as in force on or after the
commencement of that Act, or of subsidiary legislation made
under that Act, or of an Act amended by this Act --
5 (a) do not apply; or
(b) apply with specified modifications,
to or in relation to any matter.
(4) If regulations under subsection (1) provide that a specified state
of affairs is to be taken to have existed, or not to have existed,
10 on and from a day that is earlier than the day on which the
regulations are published in the Gazette but not earlier than the
commencement day, the regulations have effect according to
their terms.
(5) In subsections (3) and (4) --
15 "specified" means specified or described in the regulations.
(6) If regulations contain a provision referred to in subsection (4),
the provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other
than the State, an authority of the State or a local
20 government), the rights of that person existing before
the day of publication of those regulations; or
(b) impose liabilities on any person (other than the State, an
authority of the State or a local government) in respect
of anything done or omitted to be done before the day of
25 publication of those regulations.
60. Construction of references in written laws
(1) Unless the context otherwise requires, a reference in a written
law to an enactment repealed by this Act includes a reference to
the corresponding provision, if any, of the PD Act.
30 (2) A reference in a written law to a town planning scheme may,
where the context so requires, be read as if it had been amended
page 27
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 4 Transitional and saving provisions
Division 2 Continuation of various bodies, memberships and
appointments
s. 61
to include or be a reference to a local planning scheme under the
PD Act.
(3) A reference in a written law to a regional planning scheme
under the WAPC Act may, where the context so requires, be
5 read as if it had been amended to include or be a reference to a
region planning scheme under the PD Act.
(4) A reference in a written law to a statement of planning policy
may, where the context so requires, be read as if it had been
amended to include or be a reference to a State planning policy
10 under the PD Act.
Division 2 -- Continuation of various bodies, memberships
and appointments
61. WAPC continues
(1) The Western Australian Planning Commission established
15 under the PD Act is a continuation of and the same legal entity
as the Western Australian Planning Commission established
under the WAPC Act, with the same rights and obligations as
the existing Commission.
(2) If in a written law or other document or instrument there is --
20 (a) a reference to the existing Commission; or
(b) a reference that is read and construed as a reference to
the existing Commission,
the reference may, where the context so requires, be read as if it
had been amended to be a reference to the Commission
25 established under the PD Act.
62. Membership of Commission
(1) The persons who were members and deputy members of the
existing Commission (including the chairperson and deputy
chairperson) immediately before the commencement of the
30 PD Act continue in office, under and subject to that Act, as the
page 28
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Transitional and saving provisions Part 4
Continuation of various bodies, memberships and Division 2
appointments
s. 63
chairperson, deputy chairperson, members and deputy members
of the board of the Commission established under the PD Act.
(2) A person to whom subsection (1) applies is to be regarded as
having been appointed under the PD Act.
5 (3) If in a written law or other document or instrument there is --
(a) a reference to the chairperson or a member of the
existing Commission; or
(b) a reference that is read and construed as a reference to
the chairperson or a member of the existing
10 Commission,
the reference may, where the context so requires, be read as if it
had been amended to be a reference to the chairperson or a
member of the board of the Commission established under the
PD Act.
15 63. Staff
(1) People who were engaged by the existing Commission
immediately before the commencement of the PD Act continue,
under and subject to that Act, as officers of the Commission.
(2) A person mentioned in subsection (1) is to be regarded as
20 having been engaged under the PD Act.
(3) Except as otherwise agreed by the officer of the Commission,
the remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of an officer of
the existing Commission are not affected, prejudiced or
25 interrupted by the operation of subsection (1) or the repeal of
the WAPC Act.
(4) The rights under a superannuation scheme of a person who was
an officer of the existing Commission are not affected,
prejudiced or interrupted by the repeal of the WAPC Act.
page 29
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 4 Transitional and saving provisions
Division 2 Continuation of various bodies, memberships and
appointments
s. 64
64. Committees
(1) In this section --
"existing committee" means --
(a) the Executive, Finance and Property Committee
5 established under the WAPC Act;
(b) the Statutory Planning Committee established under
the WAPC Act;
(c) the Infrastructure Coordinating Committee
established under the WAPC Act;
10 (d) the Coastal Planning and Coordination Council
established under the WAPC Act;
(e) any regional planning committee established under
the WAPC Act; and
(f) any District Planning Committee established under
15 the MRTPS Act.
(2) A committee established under the PD Act is a continuation of
and the same legal entity as the existing committee of the same
name established under the WAPC or MRTPS Act with the
same rights and obligations as the existing committee.
20 (3) The Sustainable Transport Committee established under the
PD Act is a continuation of and the same legal entity as the
Transport Committee established under the WAPC Act with the
same rights and obligations as the existing committee.
(4) If in a written law or other document or instrument there is a
25 reference to an existing committee, the reference may, where
the context so requires, be read as if it had been amended to be a
reference to the committee of the same name established under
the PD Act.
(5) If in a written law or other document or instrument there is a
30 reference to the Transport Committee, the reference may, where
the context so requires, be read as if it had been amended to be a
page 30
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Transitional and saving provisions Part 4
Continuation of various bodies, memberships and Division 2
appointments
s. 65
reference to the Sustainable Transport Committee established
under the PD Act.
(6) The persons who were members of an existing committee
immediately before the commencement of the PD Act continue
5 in office, under and subject to that Act, as the members of the
committee of the same name established under the PD Act.
(7) The persons who were members of the Transport Committee
immediately before the commencement of the PD Act continue
in office, under and subject to that Act, as the members of the
10 Sustainable Transport Committee established under the PD Act.
65. Board of Valuers
(1) In this section --
"existing Board" means the Board of Valuers established under
the MRTPS Act.
15 (2) The Board of Valuers established under the PD Act is a
continuation of and the same legal entity as the existing Board
with the same rights and obligations as the existing Board.
(3) If in a written law or other document or instrument there is a
reference to the existing Board, the reference may, where the
20 context so requires, be read as if it had been amended to be a
reference to the Board of Valuers established under the PD Act.
(4) The persons who were members of the existing Board
immediately before the commencement of the PD Act continue
in office, under and subject to that Act, as the members of the
25 Board of Valuers established under the PD Act.
page 31
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Part 4 Transitional and saving provisions
Division 3 Transitional provisions
s. 66
Division 3 -- Transitional provisions
66. Subsidiary legislation and fees
(1) Regulations made under --
(a) section 8 of the TPD Act or section 26 of the
5 MRTPS Act continue in force as if they were made
under section 283 of the PD Act;
(b) section 9(1) of the TPD Act continue in force as if they
were made under section 285 of the PD Act;
(c) section 9(2b) of the TPD Act continue in force as if they
10 were made under section 286 of the PD Act;
(d) section 33B of the TPD Act continue in force as if they
were made under section 288 of the PD Act;
(e) section 44 of the MRTPS Act, section 58 of the WAPC
Act or section 27A(5) or 34 of the TPD Act continue in
15 force as if they were made under section 290 of the PD
Act,
and may be amended or repealed accordingly.
(2) Local laws made under section 31 of the TPD Act continue in
force as if they were made under section 289 of the PD Act and
20 may be amended or repealed accordingly.
(3) Fees prescribed under section 29 of the TPD Act continue, until
fees are set under section 20 of the PD Act, to be chargeable and
payable as if the fees were set under section 20 of the PD Act.
67. Planning schemes in course of preparation
25 Any planning scheme that, on the commencement day, is being
prepared under the TPD Act or the WAPC Act may continue to
be prepared as if the steps taken under that Act were taken
under the PD Act.
page 32
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Transitional and saving provisions Part 4
Other savings Division 4
s. 68
68. Caveats
(1) A caveat lodged under section 36 of the MRTPS Act or
section 35 or 36 of the WAPC Act but not registered before the
commencement day may be registered under section 180 or 181
5 of the PD Act, as the case requires, as if it were a notification
under that section of the PD Act.
(2) A caveat --
(a) registered under section 36 of the MRTPS Act or
section 35 or 36 of the WAPC Act; and
10 (b) subsisting immediately before the commencement day,
is taken to be a notification registered under section 180 or 181
of the PD Act, as the case requires.
Division 4 -- Other savings
69. Section 9(4) and (5) TPD Act
15 The repeal of section 9(4) and (5) of the TPD Act does not
affect the validity of any town planning scheme, amendment to
a town planning scheme, act or thing referred to in section 9(4)
of the TPD Act, and those subsections continue to apply in
relation to those schemes, amendments, acts and things as if the
20 subsections had not been repealed.
70. Section 28A(5) TPD Act
Section 28A(5) of the TPD Act continues to apply in relation to
liability and matters referred to in that subsection as if
section 28A had not been repealed.
25 71. Section 37A(4a) MRTPS Act
The repeal of section 37A(4a) of the MRTPS Act does not
affect the validity of any agreement, act, matter or thing referred
to in that subsection, and that subsection continues to apply in
relation to those agreements, acts, matters and things as if the
30 subsection had not been repealed.
page 33
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 1 Acts repealed
Schedule 1 -- Acts repealed
[s. 4]
Metropolitan Region Town Planning Scheme Act 1959
Town Planning and Development Act 1928
5 Western Australian Planning Commission Act 1985
page 34
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
Schedule 2 -- Consequential amendments
[s. 15]
1. Agricultural Practices (Disputes) Act 1995
Section 3 is amended in the definition of "rural land" by deleting "a
5 town planning scheme prepared or adopted under the Town Planning
and Development Act 1928" and inserting instead --
"
a local planning scheme within the meaning of the
Planning and Development Act 2004
10 ".
2. Anzac Day Act 1960
(1) Section 5(1)(b) is amended by deleting "area" in both places where it
occurs and inserting instead --
" region ".
15 (2) Section 5(3) is repealed and the following subsection is inserted
instead --
"
(3) In this section --
"metropolitan region" has the same meaning as it has
20 in the Planning and Development Act 2004.
".
3. Armadale Redevelopment Act 2001
(1) Section 3 is amended as follows:
(a) in the definition of "development" by deleting "Town
25 Planning Act" and inserting instead --
" Planning and Development Act 2004 ";
page 35
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(b) by deleting the definition of "Metropolitan Region Scheme"
and inserting instead --
"
"Metropolitan Region Scheme" has the same
5 meaning as it has in the Planning and
Development Act 2004;
";
(c) by deleting the definitions of "Metropolitan Scheme Act" and
"Town Planning Act";
10 (d) in the definition of "Planning Commission" by deleting
"section 4 of the Western Australian Planning Commission
Act 1985" and inserting instead --
"
section 7 of the Planning and Development
15 Act 2004
";
(e) by deleting the semicolon at the end of the definition of "staff
member" and inserting a full stop.
(2) Section 5(4)(a) is amended by deleting "town" and inserting
20 instead --
" local ".
(3) Section 17(8) is amended as follows:
(a) by deleting "section 20 of the Town Planning Act" and
inserting instead --
25 "
sections 135 and 136 of the Planning and Development
Act 2004
";
(b) in paragraph (c) by deleting "section 21 of the Town Planning
30 Act" and inserting instead --
"
section 147 of the Planning and Development
Act 2004
".
page 36
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(4) Section 29 is amended by deleting "a town planning scheme under the
Town Planning Act." and inserting instead --
"
a local planning scheme under the Planning and
5 Development Act 2004.
".
(5) Section 43(1) is amended in the definition of "planning scheme" as
follows:
(a) by deleting "Town Planning Act" and inserting instead --
10 " Town Planning and Development Act 1928 ";
(b) by deleting "and" after paragraph (a);
(c) by inserting after paragraph (a) --
"
(aa) any local planning scheme under the
15 Planning and Development Act 2004 that is
in operation in the redevelopment area
immediately before the appointed day; and
".
(6) Section 50 is amended by deleting "Part V of the Town Planning Act"
20 and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
(7) Section 52(2) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
25 (8) Section 54(1) and (2) are repealed and the following subsection is
inserted instead --
"
(1) Part 11 Divisions 1 and 2 of the Planning and
Development Act 2004, and sections 184(3) and (4),
30 187 and 188 of that Act, apply with all necessary
changes to land in the redevelopment area as if --
(a) the redevelopment scheme were a planning
scheme under that Act;
page 37
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(b) the Authority were a responsible authority
under that Act; and
(c) in the case of land reserved, zoned or classified
under the redevelopment scheme for a public
5 purpose, the land were reserved for a public
purpose under a planning scheme.
".
(9) Section 54(3) is amended by deleting "an Act as applied by
subsection (1) or (2)" and inserting instead --
10 "
the Planning and Development Act 2004 as applied by
subsection (1)
".
(10) Section 64 is amended as follows:
15 (a) by deleting "Section 33 of the Town Planning Act" and
inserting instead --
"
Section 132 of the Planning and Development
Act 2004
20 ";
(b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
4. Bail Act 1982
25 Section 16A(4) is amended in the definition of "urban area" by
deleting paragraph (a) and "and" after it and inserting instead --
"
(a) the metropolitan region within the meaning
of the Planning and Development Act 2004
30 and any prescribed area that adjoins that
region; and
".
page 38
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
5. Betting Control Act 1954
(1) Section 4(1) is amended by deleting the definition of "metropolitan
area" and inserting instead --
"
5 "metropolitan region" has the same meaning as it has
in the Planning and Development Act 2004;
".
(2) Sections 18A(1) and 32(2)(a) are amended by deleting "metropolitan
area" in each place where it occurs and inserting instead --
10 " metropolitan region ".
6. Caravan Parks and Camping Grounds Act 1995
Section 30(1)(b) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2004 ".
15 7. Carbon Rights Act 2003
(1) Section 8(2)(b) is amended by deleting "section 20 of the Town
Planning and Development Act 1928" and inserting instead --
" section 135 of the Planning and Development Act 2004 ".
(2) Section 15(c) is amended by deleting "section 20 of the Town
20 Planning and Development Act 1928" and inserting instead --
"
section 135 of the Planning and Development
Act 2004
".
page 39
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
8. Casino (Burswood Island) Agreement Act 1985
(1) Section 7(1) is amended by deleting "the Metropolitan Region Town
Planning Scheme Act 1959 or in the Scheme" and inserting instead --
"
5 the Planning and Development Act 2004 or in the
Metropolitan Region Scheme
".
(2) Section 7(2)(a) is amended by deleting "or the Town Planning and
Development Act 1928" and inserting instead --
10 " or the Planning and Development Act 2004 ".
(3) Section 7(2)(b) is deleted and the following paragraph is inserted
instead --
"
(b) the Planning and Development Act 2004, local
15 planning schemes prepared under that Act,
".
(4) Section 7(2a) is amended by deleting "Scheme" and inserting
instead --
" Metropolitan Region Scheme ".
20 (5) Section 7(4) is amended by deleting the definition of "Scheme" and
inserting instead --
"
"Metropolitan Region Scheme" has the same
meaning as it has in the Planning and
25 Development Act 2004;
".
9. Commercial Tenancy (Retail Shops) Agreements Act 1985
Section 12(3) is amended in the definition of "metropolitan region
improvement tax" by deleting "the Metropolitan Region Town
30 Planning Scheme Act 1959;" and inserting instead --
" the Planning and Development Act 2004; ".
page 40
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
10. Conservation and Land Management Act 1984
Section 34B(7) is amended by deleting "section 20 of the Town
Planning and Development Act 1928" and inserting instead --
"
5 section 136 of the Planning and Development Act 2004
".
11. Constitution Acts Amendment Act 1899
(1) Schedule V Part 3 is amended in the item relating to the board of
valuers by deleting "the Metropolitan Region Town Planning Scheme
10 Act 1959." and inserting instead --
" the Planning and Development Act 2004. ".
(2) Schedule V Part 3 is amended in the item relating to the Western
Australian Planning Commission by deleting "the Western Australian
Planning Commission Act 1985." and inserting instead --
15 " the Planning and Development Act 2004. ".
12. Contaminated Sites Act 2003
Section 58(6) is amended by deleting "section 20 of the Town
Planning and Development Act 1928" and inserting instead --
"
20 section 135 of the Planning and Development Act 2004
".
13. Control of Vehicles (Off-road Areas) Act 1978
(1) Section 16(5)(d) is amended by deleting "town" and inserting
instead --
25 " local ".
page 41
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(2) Section 47(1) is amended by deleting "any town planning scheme has
been or is made under the Town Planning and Development
Act 1928" and inserting instead --
"
5 any local planning scheme has been or is made under
the Planning and Development Act 2004
".
14. Country Housing Act 1998
Section 3 is amended by deleting the definition of "metropolitan
10 region" and inserting instead --
"
"metropolitan region" has the same meaning as it has
in the Planning and Development Act 2004;
".
15 15. Dog Act 1976
(1) Section 3(1) is amended by deleting the definition of "metropolitan
region" and inserting instead --
"
"metropolitan region" has the same meaning as it has
20 in the Planning and Development Act 2004;
".
(2) Section 52(1) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2004 ".
25 16. East Perth Redevelopment Act 1991
(1) Section 3 is amended as follows:
(a) by deleting the definition of "Metropolitan Region Scheme"
and inserting instead --
"
30 "Metropolitan Region Scheme" has the same
meaning as it has in the Planning and
Development Act 2004;
";
page 42
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(b) by deleting the definitions of "Metropolitan Scheme Act" and
"Town Planning Act";
(c) by deleting the semicolon at the end of the definition of
"temporary member" and inserting a full stop.
5 (2) Section 5(4)(a) is amended by deleting "town" and inserting
instead --
" local ".
(3) Section 19(8) is amended as follows:
(a) by deleting "section 20 of the Town Planning and
10 Development Act 1928" and inserting instead --
"
sections 135 and 136 of the Planning and Development
Act 2004
";
15 (b) in paragraph (c) by deleting "section 21 of the Town Planning
Act" and inserting instead --
"
section 147 of the Planning and Development
Act 2004
20 ".
(4) Section 24(2)(c) is amended by deleting "the Town Planning Act" and
inserting instead --
" the Planning and Development Act 2004 ".
(5) Section 28 is amended by deleting "a town planning scheme under the
25 Town Planning Act." and inserting instead --
"
a local planning scheme under the Planning and
Development Act 2004.
".
page 43
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(6) Section 38(3) is amended as follows:
(a) in paragraph (a) by deleting "Town Planning Act" and
inserting instead --
" Town Planning and Development Act 1928 ";
5 (b) by deleting "and" after paragraph (a);
(c) by inserting after paragraph (a) --
"
(aa) any local planning scheme under the Planning
and Development Act 2004 that is in operation
10 in the redevelopment area immediately before
the appointed day; and
".
(7) Section 45(1) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
15 " Part 14 of the Planning and Development Act 2004 ".
(8) Section 47(2) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
(9) Section 48(1) and (2) are repealed and the following subsection is
20 inserted instead --
"
(1) Part 11 Divisions 1 and 2 of the Planning and
Development Act 2004, and sections 184(3) and (4),
187 and 188 of that Act, apply with all necessary
25 changes to land in the redevelopment area as if --
(a) the redevelopment scheme were a planning
scheme under that Act;
(b) the Authority were a responsible authority
under that Act; and
30 (c) in the case of land reserved, zoned or classified
under the redevelopment scheme for a public
page 44
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
purpose, the land were reserved for a public
purpose under a planning scheme.
".
(10) Section 48(3) is amended by deleting "an Act as applied by
5 subsection (1) or (2)" and inserting instead --
"
the Planning and Development Act 2004 as applied by
subsection (1)
".
10 (11) Section 55 is amended as follows:
(a) by deleting "Section 33 of the Town Planning Act" and
inserting instead --
"
Section 132 of the Planning and Development
15 Act 2004
";
(b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
20 17. Energy Operators (Powers) Act 1979
Section 41 is amended by deleting "section 20 of the Town Planning
and Development Act 1928" and inserting instead --
"
section 135 of the Planning and Development Act 2004
25 ".
18. Environmental Protection Act 1986
(1) Section 3(1) is amended by deleting the definitions of "Metropolitan
Region Scheme", "regional planning scheme" and "town planning
scheme".
page 45
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(2) Section 3(1) is amended by inserting in the appropriate alphabetical
positions the following definitions --
"
"local planning scheme" has the same meaning as it
5 has in the Planning and Development Act 2004;
"region planning scheme" has the same meaning as it
has in the Planning and Development Act 2004;
".
(3) Section 3(1) is amended in the definition of "assessed scheme" by
10 deleting paragraph (b)(iii) and inserting instead --
"
(iii) which is a local planning scheme, or an
amendment to a local planning scheme,
in respect of which sections 124, 125,
15 126 or 128 of the Planning and
Development Act 2004 have been
complied with to the extent, if any,
necessary in relation to a region
planning scheme, or an amendment to a
20 region planning scheme, which
amendment or scheme is a scheme
referred to in paragraph (a) or
subparagraph (i) or (ii);
".
25 (4) Section 3(1) is amended in the definition of "final approval" by
deleting paragraphs (c), (d), (e) and (f) and "or" after paragraph (e)
and inserting instead --
"
(c) a region planning scheme, or an amendment
30 to a region planning scheme, means an
approval under section 53 or 62, as the case
requires, of the Planning and Development
Act 2004;
(d) a local planning scheme, or an amendment to
35 a local planning scheme, means an approval
page 46
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
under section 87(2) of the Planning and
Development Act 2004; or
(e) a State planning policy to which section 32
of the Planning and Development Act 2004
5 applies, or an amendment to such a policy,
means an approval under section 87(2), as
read with section 32, of that Act;
".
(5) Section 3(1) is amended in the definition of "period of public review"
10 by deleting paragraphs (c), (d), (e) and (f) and "or" after paragraph (e)
and inserting instead --
"
(c) a region planning scheme, or an amendment
to a region planning scheme, means the
15 period referred to in section 44(1) or
58(1)(b), as the case requires, of the
Planning and Development Act 2004;
(d) a local planning scheme, or an amendment to
a local planning scheme, means the period of
20 advertisement for public inspection
prescribed for the purposes of section 84 of
the Planning and Development Act 2004; or
(e) a State planning policy to which section 32
of the Planning and Development Act 2004
25 applies, or an amendment to such a policy,
means the period of advertisement for public
inspection prescribed for the purposes of
section 84, as read with section 32, of that
Act;
30 ".
page 47
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(6) Section 3(1) is amended by deleting the definition of "responsible
authority" and inserting instead --
"
"responsible authority", in relation to --
5 (a) a scheme which is --
(i) prepared under the Armadale
Redevelopment Act 2001, means the
Armadale Redevelopment Authority
established under that Act;
10 (ii) prepared under the East Perth
Redevelopment Act 1991, means the
East Perth Redevelopment Authority
established by that Act;
(iii) prepared under the Hope
15 Valley-Wattleup Redevelopment
Act 2000, means the Western Australian
Land Authority established by
section 5(1) of the Western Australian
Land Authority Act 1992;
20 (iv) prepared under the Midland
Redevelopment Act 1999, means the
Midland Redevelopment Authority
established by that Act;
(v) prepared under the Subiaco
25 Redevelopment Act 1994, means the
Subiaco Redevelopment Authority
established by that Act;
(vi) a region planning scheme, or an
amendment to a region planning
30 scheme, means the Western Australian
Planning Commission;
page 48
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(vii) a local planning scheme, or an
amendment to a local planning scheme,
means the local government which is
responsible for the local planning
5 scheme or amendment; or
(viii) a State planning policy to which
section 32 of the Planning and
Development Act 2004 applies, or an
amendment to such a policy, means the
10 Western Australian Planning
Commission;
or
(b) a subdivision which is --
(i) an activity requiring approval under
15 Part 10 Division 2 of the Planning and
Development Act 2004, means the
Western Australian Planning
Commission; or
(ii) a strata plan, strata plan of subdivision
20 or strata plan of consolidation required
to be accompanied by a certificate
issued under section 23 of the Strata
Titles Act 1985, means the local
government within the district of which
25 the subdivision is proposed;
".
(7) Section 3(1) is amended in the definition of "scheme" by deleting
paragraphs (f), (g), (h) and (i) and "or" after paragraph (h) and
inserting instead --
30 "
(f) a region planning scheme, or an amendment
to a region planning scheme;
(g) a local planning scheme, or an amendment to
a local planning scheme; or
page 49
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(h) a State planning policy to which section 32
of the Planning and Development Act 2004
applies, or an amendment to such a policy;
".
5 (8) Section 3(1) is amended by deleting the definition of "scheme Act"
and inserting instead --
"
"scheme Act" means Armadale Redevelopment
Act 2001, East Perth Redevelopment Act 1991,
10 Hope Valley-Wattleup Redevelopment Act 2000,
Midland Redevelopment Act 1999, Subiaco
Redevelopment Act 1994 or Planning and
Development Act 2004;
".
15 (9) Section 3(1) is amended in the definition of "Western Australian
Planning Commission" by deleting "section 4 of the Western
Australian Planning Commission Act 1985" and inserting instead --
" the Planning and Development Act 2004 ".
(10) Section 3(2a)(a) is amended by deleting "under Part III of the Town
20 Planning and Development Act 1928" and inserting instead --
"
under Part 10 Division 2 of the Planning and
Development Act 2004
".
25 (11) Section 48C(7) is amended in the definition of "public review" by
deleting paragraphs (c), (d), (e) and (f) and "or" after paragraph (e)
and inserting instead --
"
(c) a region planning scheme, or an amendment
30 to a region planning scheme, means
procedure referred to in sections 43, 44, 46
and 48, or section 58, as the case requires, of
the Planning and Development Act 2004;
page 50
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(d) a local planning scheme, or an amendment to
a local planning scheme, means procedure
referred to in sections 84 and 87(1) of the
Planning and Development Act 2004; or
5 (e) a State planning policy to which section 32
of the Planning and Development Act 2004
applies, or an amendment to such a policy,
means procedure referred to in sections 84
and 87(1), as read with section 32, of that
10 Act.
".
(12) Section 51O(1) is amended in the definition of "planning instrument"
by deleting paragraphs (b) and (c) and "or" after paragraph (b) and
inserting instead --
15 "
(b) a State planning policy approved under
section 29 of the Planning and Development
Act 2004 and published in the Gazette; or
(c) a local planning strategy made under the
20 Planning and Development Act 2004.
".
(13) Section 68 is amended by deleting "under section 20 of the Town
Planning and Development Act 1928" and inserting instead --
"
25 under section 135 of the Planning and Development
Act 2004
".
(14) Schedule 6 clause 9 is amended as follows:
(a) by deleting "Town Planning and Development Act 1928" and
30 inserting instead --
" Planning and Development Act 2004 ";
(b) in paragraph (a) by deleting "section 20D" and inserting
instead --
" section 157 ".
page 51
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
19. Esperance Port Authority Lands Act 1979
(1) Section 4(2) is amended by deleting "the Town Planning and
Development Act, 1928" and inserting instead --
" the Planning and Development Act 2004 ".
5 (2) Section 4(3)(c) is amended by deleting "the Town Planning and
Development Act, 1928" and inserting instead --
" the Planning and Development Act 2004 ".
20. Family Court Act 1997
Section 5 is amended by deleting the definition of "metropolitan
10 region" and inserting instead --
"
"metropolitan region" has the same meaning as it has
in the Planning and Development Act 2004;
".
15 21. Forest Products Act 2000
Section 54(7) is amended by deleting "section 20 of the Town
Planning and Development Act 1928" and inserting instead --
" section 136 of the Planning and Development Act 2004 ".
22. Forrest Place and City Station Development Act 1985
20 (1) Section 12(5) is amended by deleting "Part III of the Town Planning
and Development Act 1928" and inserting instead --
" Section 135 of the Planning and Development Act 2004 ".
(2) Section 16(4) is amended by deleting "Part III of the Town Planning
and Development Act 1928" and inserting instead --
25 " Section 135 of the Planning and Development Act 2004 ".
page 52
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
23. Gaming and Wagering Commission Act 1987
Section 55(3)(b) is amended as follows:
(a) by deleting "town planning matters" and inserting instead --
" local planning matters ";
5 (b) by deleting "to town planning" and inserting instead --
" to local planning ".
24. Gas Corporation (Business Disposal) Act 1999
Section 23(1) is amended by deleting "section 27A(1)(b)(v) of the
Town Planning and Development Act 1928" and inserting instead --
10 "
section 167(2)(b)(iv) of the Planning and Development
Act 2004
".
25. Government Employees' Housing Act 1964
15 Section 19(a) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2004 ".
26. Heritage of Western Australia Act 1990
(1) Section 3(1) is amended in the definition of "Town Planning Appeal
20 Tribunal" by deleting "Part V of the Town Planning and Development
Act 1928" and inserting instead --
"
Part 14 of the Planning and Development Act 2004
".
25 (2) Section 36(2)(b) is deleted and the following paragraph is inserted
instead --
"
(b) on being satisfied that there has been
consultation by the Council with the Western
30 Australian Planning Commission established by
page 53
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
the Planning and Development Act 2004 --
remit the whole or any part of the Metropolitan
Region Improvement Tax payable by the owner
in respect of that place under section 200 of the
5 Planning and Development Act 2004;
".
(3) Section 60(1) is amended as follows:
(a) by deleting "Part V of the Town Planning and Development
Act 1928" and inserting instead --
10 "
Part 14 of the Planning and Development Act 2004
";
(b) by deleting "Part V of that Act" and inserting instead --
" Part 14 of that Act ".
15 (4) Section 75(3)(a)(ii) and (iii) are deleted and the following
subparagraph is inserted instead --
"
(ii) the Planning and Development
Act 2004;
20 ".
(5) Section 78(1)(a) and (b) are deleted and the following paragraphs are
inserted instead --
"
(a) applications for approval of development in a
25 planning control area made under Part 7 of the
Planning and Development Act 2004;
(b) applications for approval under section 135,
136 or 162, or approvals for the purposes of
section 147, of the Planning and Development
30 Act 2004;
".
page 54
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
27. Hope Valley-Wattleup Redevelopment Act 2000
(1) Section 3(1) is amended as follows:
(a) by deleting the definition of "Commission" and inserting
instead --
5 "
"Commission" means the Western Australian
Planning Commission established under the
Planning and Development Act 2004;
";
10 (b) in the definition of "development" by deleting "Town
Planning Act" and inserting instead --
" Planning and Development Act 2004 ";
(c) by deleting the definition of "Metropolitan Region Scheme"
and inserting instead --
15 "
"Metropolitan Region Scheme" has the same
meaning as it has in the Planning and
Development Act 2004;
";
20 (d) in the definition of "redevelopment area" by deleting the
semicolon and inserting a full stop;
(e) by deleting the definition of "Town Planning Act".
(2) Section 8(3) is repealed and the following subsection is inserted
instead --
25 "
(3) For the avoidance of doubt, the Authority is a public
authority to whom the Commission can, under
section 16 of the Planning and Development Act 2004,
delegate a function conferred under this section.
30 ".
page 55
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(3) Section 11 is amended by deleting "a town planning scheme under the
Town Planning Act." and inserting instead --
"
a local planning scheme under the Planning and
5 Development Act 2004.
".
(4) Section 23(3) is amended as follows:
(a) in paragraph (a) by deleting "Town Planning Act" and
inserting instead --
10 " Town Planning and Development Act 1928 ";
(b) by deleting "and" after paragraph (a);
(c) by inserting after paragraph (a) --
"
(aa) any local planning scheme under the Planning
15 and Development Act 2004 that is in operation
in the redevelopment area immediately before
the appointed day; and
".
(5) Section 29(1) is amended by deleting "Part V of the Town Planning
20 Act" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
(6) Section 31(2) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
25 (7) Section 33(1) and (2) are repealed and the following subsection is
inserted instead --
"
(1) Part 11 Divisions 1 and 2 of the Planning and
Development Act 2004, and sections 184(3) and (4),
30 187 and 188 of that Act, apply with all necessary
changes to land in the redevelopment area as if --
(a) the master plan were a planning scheme under
that Act;
page 56
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(b) the Commission were the responsible authority
under that Act; and
(c) in the case of land reserved, zoned or classified
under the master plan for a public purpose, the
5 land were reserved for a public purpose under a
planning scheme.
".
(8) Section 33(3) is amended by deleting "an Act as applied by
subsection (1) or (2)" and inserting instead --
10 "
the Planning and Development Act 2004 as applied by
subsection (1)
".
(9) Section 34(1) is amended as follows:
15 (a) by deleting "Section 33 of the Town Planning Act" and
inserting instead --
"
Section 132 of the Planning and Development
Act 2004
20 ";
(b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
28. Housing Act 1980
25 Section 22(1)(a) is deleted and the following paragraph is inserted
instead --
"
(a) with the consent of the Western Australian
Planning Commission within the meaning of
30 the Planning and Development Act 2004 and
any approval required under that Act, to re-plan
and re-subdivide any area in which land held by
the Commission is situated, and with the
page 57
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
consent of the Minister, to secure the closing of
any street or the extinguishment of any
easement or restrictive covenant;
".
5 29. Housing Loan Guarantee Act 1957
Section 7B(1a)(a) is deleted and the following paragraph is inserted
instead --
"
(a) within the metropolitan region as defined in the
10 Planning and Development Act 2004;
".
30. Interpretation Act 1984
Section 5 is amended in the definition of "subsidiary legislation" by
deleting "town planning scheme" and inserting instead --
15 " local or region planning scheme ".
31. Jetties Act 1926
Section 7(3) is amended by deleting "made under the Metropolitan
Region Town Planning Scheme Act 1959" and inserting instead --
"
20 within the meaning of the Planning and Development
Act 2004
".
32. Land Tax Assessment Act 2002
(1) Section 15(3)(b) is amended by deleting "town" and inserting
25 instead --
" local ".
(2) Section 28(2)(a) is amended by deleting "town" and inserting
instead --
" local ".
page 58
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(3) Section 28(7) is amended by deleting "town" and inserting instead --
" local ".
(4) The Glossary clause 1 is amended as follows:
(a) in the definition of "metropolitan region" by deleting
5 "Metropolitan Region Town Planning Scheme Act 1959 " and
inserting instead --
" Planning and Development Act 2004 ";
(b) after the definition of "land tax Act" by inserting the
following definition --
10 "
"local planning scheme" has the same meaning as it has in
the Planning and Development Act 2004;
";
(c) by deleting the definition of "town planning scheme".
15 (5) The Glossary clause 3(1) is amended as follows:
(a) in paragraph (a) by deleting "section 20(2) of the Town
Planning and Development Act 1928" and inserting
instead --
"
20 section 135 of the Planning and Development
Act 2004
";
(b) in paragraph (b) --
(i) by deleting "section 21(1)(a)" and inserting
25 instead --
" section 147(1) "; and
(ii) by deleting "section 21(2)" and inserting instead --
" section 147(2) ";
(c) by deleting paragraph (c) and inserting instead --
30 "
(c) on an application for review under section 278
of that Act, the State Administrative Tribunal
gives an approval referred to in paragraph (a) or
(b);
35 ".
page 59
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(6) The Glossary clause 4 is amended by deleting "town" and inserting
instead --
" local ".
33. Liquor Licensing Act 1988
5 (1) Section 40(1) is amended by deleting "town".
(2) Section 40(3) is amended by deleting "town".
34. Local Government Act 1995
(1) Section 1.4 is amended in the definition of "metropolitan area" by
deleting "section 6 of the Metropolitan Region Town Planning
10 Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2004 ".
(2) Section 6.33(1)(a) is deleted and the following paragraph is inserted
instead --
"
15 (a) the purpose for which the land is zoned under a
local planning scheme in force under the
Planning and Development Act 2004;
".
35. Marine and Harbours Act 1981
20 Section 12(3) is amended by deleting "made under the Metropolitan
Region Town Planning Scheme Act 1959" and inserting instead --
"
within the meaning of the Planning and Development
Act 2004
25 ".
36. Metropolitan Region Scheme (Fremantle) Act 1994
(1) Section 3 is amended by deleting "the Metropolitan Region Town
Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2004 ".
page 60
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(2) Section 5(2) is amended by deleting "the Metropolitan Region Town
Planning Scheme Act 1959 " and inserting instead --
" the Planning and Development Act 2004 ".
37. Midland Redevelopment Act 1999
5 (1) Section 3 is amended as follows:
(a) in the definition of "development" by deleting "Town
Planning Act" and inserting instead --
" Planning and Development Act 2004 ";
(b) in the definition of "Metropolitan Region Scheme" by
10 deleting "Metropolitan Scheme Act" and inserting instead --
" Planning and Development Act 2004 ";
(c) by deleting the definitions of "Metropolitan Scheme Act" and
"Town Planning Act";
(d) by deleting the semicolon at the end of the definition of
15 "temporary member" and inserting a full stop instead.
(2) Section 5(4)(a) is amended by deleting "town" and inserting
instead --
" local ".
(3) Section 20(7) is amended as follows:
20 (a) by deleting "section 20 of the Town Planning Act" and
inserting instead --
"
sections 135 and 136 of the Planning and Development
Act 2004
25 ";
(b) in paragraph (c) by deleting "section 21 of the Town Planning
Act" and inserting instead --
"
section 147 of the Planning and Development
30 Act 2004
".
page 61
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(4) Section 27(2)(b) is amended by deleting "Town Planning Act" and
inserting instead --
" Planning and Development Act 2004 ".
(5) Section 31 is amended by deleting "a town planning scheme under the
5 Town Planning Act." and inserting instead --
"
a local planning scheme under the Planning and
Development Act 2004.
".
10 (6) Section 45(3) is amended in the definition of "planning scheme" as
follows:
(a) by deleting "Town Planning Act" and inserting instead --
" Town Planning and Development Act 1928 ";
(b) by deleting "and" after paragraph (a);
15 (c) by inserting after paragraph (a) --
"
(aa) any local planning scheme under the Planning
and Development Act 2004 that is in operation
in the redevelopment area immediately before
20 the appointed day; and
".
(7) Section 52(1) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
25 (8) Section 54(2) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
(9) Section 56(1) and (2) are repealed and the following subsection is
inserted instead --
30 "
(1) Part 11 Divisions 1 and 2 of the Planning and
Development Act 2004, and sections 184(3) and (4),
page 62
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
187 and 188 of that Act, apply with all necessary
changes to land in the redevelopment area as if --
(a) the redevelopment scheme were a planning
scheme under that Act;
5 (b) the Authority were a responsible authority
under that Act; and
(c) in the case of land reserved, zoned or classified
under the redevelopment scheme for a public
purpose, the land were reserved for a public
10 purpose under a planning scheme.
".
(10) Section 56(3) is amended by deleting "an Act as applied by
subsection (1) or (2)" and inserting instead --
"
15 the Planning and Development Act 2004 as applied by
subsection (1)
".
(11) Section 65 is amended as follows:
(a) by deleting "Section 33 of the Town Planning Act" and
20 inserting instead --
"
Section 132 of the Planning and Development
Act 2004
";
25 (b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
page 63
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
38. Mining Act 1978
(1) Section 120(1) is amended as follows:
(a) by deleting "town planning scheme in force under the Town
Planning and Development Act 1928 or local laws in force
5 under the Local Government Act 1995" and inserting
instead --
"
planning scheme in force under the Planning and
Development Act 2004
10 ";
(b) by deleting "or local laws" in the second place where it
occurs.
(2) Section 120(2) is amended as follows:
(a) by deleting "the Town Planning and Development Act 1928"
15 in both places where it occurs and inserting instead --
" the Planning and Development Act 2004 ";
(b) in paragraph (b) --
(i) by inserting after "local government" --
"
20 or the Western Australian Planning
Commission
"; and
(ii) by deleting "town planning scheme or local laws"
and inserting instead --
25 " planning scheme ".
39. Motor Vehicle Dealers Act 1973
(1) Section 20E(2) is amended by deleting "town".
(2) Section 21A(2) is amended by deleting "town".
40. Motor Vehicle Repairers Act 2003
30 (1) Section 58(2)(a) is amended by deleting "town".
(2) Section 60(2)(a) is amended by deleting "town".
page 64
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
41. Perth Parking Management Act 1999
(1) Section 5(a) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2004 ".
5 (2) Section 9(4) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2004 ".
42. Petroleum Pipelines Act 1969
Section 10(2)(c) is amended by deleting "any town planning scheme
10 under the Town Planning and Development Act 1928 or the
Metropolitan Region Scheme under the Metropolitan Region Town
Planning Scheme Act 1959" and inserting instead --
"
any planning scheme under the Planning and
15 Development Act 2004
".
43. Pigment Factory (Australind) Agreement Act 1986
Section 4B is repealed and the following section is inserted instead --
"
20 4B. Planning laws modified
Despite the Planning and Development Act 2004,
planning schemes within the meaning of that Act do
not apply to or in relation to the Kemerton works site.
".
page 65
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
44. Port Authorities Act 1999
(1) Section 38(1) is amended in the definition of "responsible Minister"
by deleting paragraph (a) and inserting instead --
"
5 (a) in relation to a planning matter, the Minister
administering the Planning and Development
Act 2004;
".
(2) Section 38(2)(a) and "and" after it are deleted and the following is
10 inserted instead --
"
(a) section 6 of the Planning and Development
Act 2004; and
".
15 (3) Section 38(3) is amended by deleting "for the purposes of section 32
of the Town Planning and Development Act 1928" and inserting
instead --
"
for the purposes of section 6 of the Planning and
20 Development Act 2004
".
(4) Section 38(6) is amended by deleting "town".
45. Port Kennedy Development Agreement Act 1992
Section 9(1) is amended in the definition of "Metropolitan Region
25 Scheme" by deleting "the Metropolitan Region Town Planning
Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2004 ".
46. Property Law Act 1969
(1) Section 122(6) is amended by deleting "the Western Australian
30 Planning Commission Act 1985" and inserting instead --
" the Planning and Development Act 2004 ".
page 66
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(2) Section 123(8) is amended by deleting "the Western Australian
Planning Commission Act 1985" and inserting instead --
" the Planning and Development Act 2004 ".
47. Racing and Wagering Western Australia Act 2003
5 (1) Section 3(1) is amended as follows:
(a) by deleting the definition of "country";
(b) by deleting the definition of "metropolitan area" and inserting
instead --
"
10 "metropolitan region" has the same meaning as it has
in the Planning and Development Act 2004;
".
(2) Section 68(2)(b)(ii) is amended by deleting "area" in both places
where it occurs and inserting instead --
15 " region ".
(3) Section 77(2)(c)(ii) is amended by deleting "area" in both places
where it occurs and inserting instead --
" region ".
(4) Section 105(3)(a) is amended by deleting "area" and inserting
20 instead --
" region ".
(5) Section 105(4)(a) is amended by deleting "area" and inserting
instead --
" region ".
25 48. Racing Restriction Act 2003
(1) Section 3(1) is amended by deleting the definition of "metropolitan
area" and inserting instead --
"
"metropolitan region" has the same meaning as it has
30 in the Planning and Development Act 2004;
".
page 67
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(2) Section 13(1) is amended by deleting "area" in the 3 places where it
occurs and inserting instead --
" region ".
(3) Section 13(2) is amended by deleting "area" in the 3 places where it
5 occurs and inserting instead --
" region ".
(4) Section 14(1) is amended by deleting "area" in the 3 places where it
occurs and inserting instead --
" region ".
10 49. Rail Freight System Act 2000
(1) The long title is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2004 ".
(2) The heading to Part 5 Division 7 is amended by deleting "Town
15 Planning and Development Act 1928" and inserting instead --
" Planning and Development Act 2004 ".
(3) Section 105 is amended by deleting "Section 20(1) of the Town
Planning and Development Act 1928 does" and inserting instead --
"
20 Sections 135 and 136 of the Planning and
Development Act 2004 do
".
50. Road Safety Council Act 2002
(1) Section 6(1)(k) is amended by deleting "Western Australian Planning
25 Commission Act 1985" and inserting instead --
" Planning and Development Act 2004 ".
page 68
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(2) Section 6(6) is amended by deleting "Western Australian Planning
Commission Act 1985" and inserting instead --
" Planning and Development Act 2004 ".
51. Sale of Land Act 1970
5 (1) Section 11 is amended in the definition of "lot" by deleting "section 2
of the Town Planning and Development Act 1928 " and inserting
instead --
" the Planning and Development Act 2004 ".
(2) Section 16 is amended by deleting "town planning scheme, or any
10 by-law relating to town planning, in force under the Town Planning
and Development Act 1928" and inserting instead --
"
local planning scheme, or any local law relating to
planning, in force under the Planning and Development
15 Act 2004
".
52. Settlement Agents Act 1981
Section 46(2)(a) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
20 " the Planning and Development Act 2004 ".
53. Silicon (Kemerton) Agreement Act 1987
Section 4B is repealed and the following section is inserted instead --
"
4B. Planning laws modified
25 Despite anything in the Planning and Development
Act 2004, planning schemes prepared under that Act do
not apply to or in relation to the silicon plant site.
".
page 69
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
54. Small Business Development Corporation Act 1983
Section 5(1a) is amended in the definition of "metropolitan region" by
deleting "the Metropolitan Region Town Planning Scheme Act 1959 "
and inserting instead --
5 " the Planning and Development Act 2004 ".
55. Small Claims Tribunals Act 1974
Section 4(1) is amended in the definition of "metropolitan region" by
deleting "section 2 of the Town Planning and Development Act 1928"
and inserting instead --
10 " the Planning and Development Act 2004 ".
56. Soil and Land Conservation Act 1945
The Schedule is amended by deleting "Town Planning and
Development Act 1928" and inserting instead --
" Planning and Development Act 2004 ".
15 57. Stamp Act 1921
(1) The Second Schedule item 5(1) is amended by deleting "a town
planning scheme, including the Metropolitan Region Scheme" and
inserting instead --
" a planning scheme ".
20 (2) The Second Schedule item 5(2) is deleted and the following subitem
is inserted instead --
"
(2) Expressions used in this item have
the same meaning as they have in
the Planning and Development
Act 2004.
".
page 70
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
58. Strata Titles Act 1985
(1) Section 3(1) is amended in the definition of "Commission" by
deleting "the Western Australian Planning Commission Act 1985;"
and inserting instead --
5 " the Planning and Development Act 2004; ".
(2) Section 21U(3) is amended by deleting "town planning scheme in
force under the Town Planning and Development Act 1928" and
inserting instead --
"
10 local planning scheme in force under the Planning and
Development Act 2004
".
(3) Section 21U(5) is amended by deleting "town" and inserting
instead --
15 " local ".
(4) Section 23(2) is amended as follows:
(a) in paragraph (a) by deleting "town planning scheme prepared
or adopted by the local government under the Town Planning
and Development Act 1928" and inserting instead --
20 "
local planning scheme in force under the
Planning and Development Act 2004
";
(b) in paragraph (b) by deleting "town" and inserting instead --
25 " local ".
(5) Section 24(2) is amended by deleting "town" and inserting instead --
" local ".
page 71
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(6) Section 25(5) is amended by deleting "sections 20 and 21 of the Town
Planning and Development Act 1928" and inserting instead --
"
sections 135, 136, 146 and 147 of the Planning and
5 Development Act 2004
".
(7) Section 25A(1) is amended as follows:
(a) by deleting "section 24 of the Town Planning and
Development Act 1928" and inserting instead --
10 "
sections 142, 143 and 144 of the Planning and
Development Act 2004, and section 151 of that Act
applies,
";
15 (b) by deleting "Part III of " .
(8) Section 25B(1) is amended by deleting "Part III of the Town Planning
and Development Act 1928, other than section 20(1)(b)," and inserting
instead --
"
20 Divisions 1, 2 (other than section 141) and 3 of Part 10
of the Planning and Development Act 2004, and
section 166 of that Act,
".
(9) Section 25B(3) is amended by deleting "section 26 of the Town
25 Planning and Development Act 1928" and inserting instead --
" section 278 of the Planning and Development Act 2004 ".
(10) Section 26(1) is amended as follows:
(a) in paragraph (e) by deleting "town planning scheme prepared
or adopted by the local government under the Town Planning
30 and Development Act 1928" and inserting instead --
"
local planning scheme in force under the
Planning and Development Act 2004
";
page 72
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(b) in paragraph (f) by deleting "town" and inserting instead --
" local ".
(11) Section 26(5) is amended by deleting "Part V of the Town Planning
and Development Act 1928" and inserting instead --
5 " Part 14 of the Planning and Development Act 2004 ".
(12) Section 27(3) is amended by deleting "Part V of the Town Planning
and Development Act 1928" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
(13) Section 31F(2)(e) is amended by deleting "town planning scheme in
10 force under the Town Planning and Development Act 1928" and
inserting instead --
"
local planning scheme in force under the
Planning and Development Act 2004
15 ".
(14) Section 31F(4) is amended by deleting "town" and inserting
instead --
" local ".
(15) Section 65(1)(c) is amended by deleting "the Metropolitan Region
20 Town Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2004 ".
(16) Section 65(2) is amended by deleting "the Metropolitan Region Town
Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2004 ".
25 (17) Section 65A(1) is amended by deleting "the Metropolitan Region
Town Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2004 ".
page 73
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
59. Subiaco Redevelopment Act 1994
(1) Section 3 is amended as follows:
(a) in the definition of "development" by deleting "Town
Planning Act" and inserting instead --
5 " Planning and Development Act 2004 ";
(b) in the definition of "Metropolitan Region Scheme" by
deleting "Metropolitan Scheme Act" and inserting instead --
" Planning and Development Act 2004 ";
(c) by deleting the definitions of "Metropolitan Scheme Act" and
10 "Town Planning Act".
(2) Section 5(4)(a) is amended by deleting "town" and inserting
instead --
" local ".
(3) Section 21(7) is amended as follows:
15 (a) by deleting "section 20 of the Town Planning Act" and
inserting instead --
"
sections 135 and 136 of the Planning and Development
Act 2004
20 ";
(b) in paragraphs (a) and (b) by deleting "State Planning
Commission" in both places where it occurs and inserting
instead --
" Western Australian Planning Commission ";
25 (c) in paragraph (c) by deleting "section 21 of the Town Planning
Act" and inserting instead --
"
section 147 of the Planning and Development
Act 2004
30 ".
page 74
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(4) Section 28(2)(c) is amended by deleting "Town Planning Act" and
inserting instead --
" Planning and Development Act 2004 ".
(5) Section 32 is amended by deleting "a town planning scheme under the
5 Town Planning Act" and inserting instead --
"
a local planning scheme under the Planning and
Development Act 2004
".
10 (6) Section 33(3)(a) is amended by deleting "State Planning
Commission" and inserting instead --
" Western Australian Planning Commission ".
(7) Section 45(3)(a) is amended as follows:
(a) by deleting "and" after paragraph (a);
15 (b) by inserting after paragraph (a) --
"
(aa) any local planning scheme under the Planning
and Development Act 2004 that is in operation
in the redevelopment area immediately before
20 the appointed day; and
".
(8) Section 52(1) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
25 (9) Section 54(2) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
" Part 14 of the Planning and Development Act 2004 ".
page 75
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(10) Section 55(1) and (2) are repealed and the following subsection is
inserted instead --
"
(1) Part 11 Divisions 1 and 2 of the Planning and
5 Development Act 2004, and sections 184(3) and (4),
187 and 188 of that Act, apply with all necessary
changes to land in the redevelopment area as if --
(a) the redevelopment scheme were a planning
scheme under that Act;
10 (b) the Authority were a responsible authority
under that Act; and
(c) in the case of land reserved, zoned or classified
under the redevelopment scheme for a public
purpose, the land were reserved for a public
15 purpose under a planning scheme.
".
(11) Section 55(3) is amended by deleting "an Act as applied by
subsection (1) or (2)" and inserting instead --
"
20 the Planning and Development Act 2004 as applied by
subsection (1)
".
(12) Section 63 is amended as follows:
(a) by deleting "Section 33 of the Town Planning Act" and
25 inserting instead --
"
Section 132 of the Planning and Development
Act 2004
";
30 (b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
page 76
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
60. Swan River Trust Act 1988
(1) Section 3 is amended as follows:
(a) by deleting the definition of "Metropolitan Scheme Act";
(b) in the definitions of "Metropolitan Region Scheme" and
5 "Minister for Planning" by deleting "Metropolitan Scheme
Act" and inserting instead --
" Planning and Development Act 2004 ";
(c) in the definition of "Western Australian Planning
Commission" by deleting "by section 4(1) of the Western
10 Australian Planning Commission Act 1985." and inserting
instead --
" under the Planning and Development Act 2004. ".
(2) Section 7(1)(f) is amended by deleting "statements of planning
policy" and inserting instead --
15 " State planning policies ".
(3) Section 12(1)(c) is deleted and the following paragraph is inserted
instead --
"
(c) the holder of such office in the Western
20 Australian Planning Commission as the
Minister for Planning may from time to time
nominate;
".
(4) Section 47 is amended by deleting the definition of "Minister for
25 Planning".
(5) Section 63(2) is amended by deleting "section 36(3)(b) of the
Metropolitan Scheme Act" and inserting instead --
"
section 177(1)(b) of the Planning and Development
30 Act 2004
".
page 77
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(6) Section 63(4) is amended by deleting "section 36(3)(a) of the
Metropolitan Scheme Act" and inserting instead --
"
section 177(1)(a) of the Planning and Development
5 Act 2004
".
(7) Section 63(8) is amended by deleting "Section 36(2)(b), (2a), (2b), (7)
and (8) of the Metropolitan Scheme Act" and inserting instead --
"
10 Sections 180, 187 and 188 of the Planning and
Development Act 2004
".
61. Swan Valley Planning Act 1995
(1) Section 3 is amended as follows:
15 (a) in the definition of "Commission" by deleting "by
section 4(1) of the Western Australian Planning Commission
Act 1985;" and inserting instead --
" under the Planning and Development Act 2004; ";
(b) by deleting the definition of "Shire town planning scheme";
20 (c) after the definition of "land" by inserting --
"
"local planning scheme" means the local planning
scheme for the time being in force under the
Planning and Development Act 2004 for the local
25 government district of Swan;
".
(2) Section 13(1)(a) is deleted and the following paragraph is inserted
instead --
"
30 (a) to provide advice in accordance with --
(i) section 15(2);
page 78
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(ii) sections 40, 47, 78 and 134 of the
Planning and Development Act 2004;
and
(iii) clause 30B of the Metropolitan Region
5 Scheme within the meaning of the
Planning and Development Act 2004;
".
(3) Section 15(1) is amended by deleting "Shire town planning scheme"
and inserting instead --
10 " local planning scheme ".
(4) Section 15(6) is amended by deleting "Shire town planning scheme"
and inserting instead --
" local planning scheme ".
(5) Section 17(2) is amended by deleting "Town Planning and
15 Development Act 1928" and inserting instead --
" Planning and Development Act 2004 ".
(6) Section 23(1) is amended by deleting "Shire town planning scheme"
and inserting instead --
" local planning scheme ".
20 (7) Section 23(2) is repealed and the following subsection is inserted
instead --
"
(2) For the purposes of ensuring that subsection (1) is
complied with the Minister may exercise the powers in
25 section 212 of the Planning and Development Act 2004
as if --
(a) subsection (1) of this section were the relevant
provision referred to in section 212(1) of that
Act; and
page 79
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(b) references to a local planning scheme were
references to an amendment to the local
planning scheme referred to in subsection (1) of
this section,
5 and section 213 of the Planning and Development
Act 2004 applies accordingly.
".
62. Taxation Administration Act 2003
After section 3(1)(g) the following paragraph is inserted --
10 "
(ga) section 200 of the Planning and Development
Act 2004;
".
63. Transfer of Land Act 1893
15 (1) Section 4(1) is amended by deleting the definition of "Metropolitan
region" and inserting instead --
"
"Metropolitan region" has the same meaning as it has
in the Planning and Development Act 2004;
20 ".
(2) Section 166(3) is amended by deleting "section 295 of the Local
Government (Miscellaneous Provisions) Act 1960 and to section 20(2)
of the Town Planning and Development Act 1928" and inserting
instead --
25 "
section 146(1) of the Planning and Development
Act 2004
".
page 80
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
(3) Section 167A(2)(a) is amended by inserting after "Town Planning and
Development Act 1928" --
"
or section 152 of the Planning and
5 Development Act 2004
".
64. Tree Plantation Agreements Act 2003
(1) Section 6(5) is amended by deleting "section 20 of the Town Planning
and Development Act 1928" and inserting instead --
10 "
section 135 or 136 of the Planning and Development
Act 2004
".
(2) Section 10(2) is amended by deleting "section 20 of the Town
15 Planning and Development Act 1928" and inserting instead --
"
section 135 or 136 of the Planning and Development
Act 2004
".
20 65. Water Agencies (Powers) Act 1984
(1) Section 38(1) is amended by deleting "town planning scheme has
been or is made under the Town Planning and Development
Act 1928" and inserting instead --
"
25 local planning scheme is in force under the Planning
and Development Act 2004
".
(2) Section 65(a) is amended as follows:
(a) in the definition of "development" by deleting "Town
30 Planning and Development Act 1928" and inserting
instead --
" Planning and Development Act 2004 ";
page 81
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Schedule 2 Consequential amendments
(b) in paragraph (a) of the definition of "planning condition" by
deleting "Part III of the Town Planning and Development
Act 1928" and inserting instead --
"
5 Part 10 of the Planning and Development
Act 2004
".
(3) Section 67(4) is amended by deleting "Part III of the Town Planning
and Development Act 1928" and inserting instead --
10 " Part 10 of the Planning and Development Act 2004 ".
(4) Section 67(7) is amended by deleting "Town Planning and
Development Act 1928" and inserting instead --
" Planning and Development Act 2004 ".
(5) Section 79 is amended by deleting "section 20 of the Town Planning
15 and Development Act 1928" and inserting instead --
"
section 135 of the Planning and Development Act 2004
".
66. Water Services Licensing Act 1995
20 Schedule 2 Part 1 is amended by deleting "Town Planning and
Development Act 1928", "s. 20D(a)(ii)" and "s. 27A(1)(b)(ii)" and
inserting instead --
"
Planning and Development Act 2004
25 s. 157(1)(a)(ii)
s. 167(2)(b)(ii)
".
page 82
Planning and Development (Consequential and Transitional Provisions)
Bill 2004
Consequential amendments Schedule 2
67. Waterways Conservation Act 1976
Section 36(1) is amended as follows:
(a) by deleting paragraph (a) and inserting instead --
"
5 (a) the Minister to whom the Governor has for the
time being committed the administration of the
Planning and Development Act 2004;
";
(b) in paragraph (b) by deleting "the Western Australian
10 Planning Commission Act 1985;" and inserting instead --
" the Planning and Development Act 2004; ";
(c) in paragraph (d) by deleting "Town Planning and
Development Act 1928" and inserting instead --
" Planning and Development Act 2004 ";
15 (d) by deleting paragraph (f)(i) and inserting instead the
following subparagraph --
"
(i) a local planning scheme;
".
20
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