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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 2005
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Division 1 -- Acts repealed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 Acts in Schedule 1 repealed 3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
026--2 page i
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Contents
Part 3 -- Transitional and saving
provisions
Division 1 -- Preliminary
17. Application of Interpretation Act 1984 8
18. Transitional regulations 8
19. Construction of references in written laws 9
Division 2 -- Continuation of various bodies,
memberships and appointments
20. WAPC continues 10
21. Membership of Commission 10
22. Staff 11
23. Committees 12
24. Board of Valuers 13
Division 3 -- Transitional provisions
25. Subsidiary legislation and fees 14
26. Planning schemes in course of preparation 14
27. Caveats 15
Division 4 -- Other savings
28. Section 9(4) and (5) TPD Act 15
29. Section 28A(5) TPD Act 15
30. Section 37A(4a) MRTPS Act 15
Part 4 -- Validation provision
31. Validation of certain endorsed approvals 16
Schedule 1 -- Acts repealed
Schedule 2 -- Consequential
amendments
1. Agricultural Practices (Disputes) Act 1995 18
2. Anzac Day Act 1960 18
3. Armadale Redevelopment Act 2001 18
4. Bail Act 1982 21
5. Betting Control Act 1954 22
6. Caravan Parks and Camping Grounds Act 1995 22
7. Carbon Rights Act 2003 22
8. Casino (Burswood Island) Agreement Act 1985 23
9. Civil Judgments Enforcement Act 2004 23
page ii
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Contents
10. Commercial Tenancy (Retail Shops) Agreements
Act 1985 24
11. Conservation and Land Management Act 1984 24
12. Constitution Acts Amendment Act 1899 24
13. Contaminated Sites Act 2003 24
14. Control of Vehicles (Off-road Areas) Act 1978 24
15. Country Housing Act 1998 25
16. Disability Services Act 1993 25
17. Dog Act 1976 25
18. East Perth Redevelopment Act 1991 26
19. Electricity Corporations Act 2005 28
20. Energy Operators (Powers) Act 1979 29
21. Environmental Protection Act 1986 29
22. Esperance Port Authority Lands Act 1979 35
23. Family Court Act 1997 35
24. Forest Products Act 2000 36
25. Forrest Place and City Station Development Act 1985 36
26. Gaming and Wagering Commission Act 1987 36
27. Gas Corporation (Business Disposal) Act 1999 36
28. Government Employees' Housing Act 1964 36
29. Heritage of Western Australia Act 1990 37
30. Hope Valley-Wattleup Redevelopment Act 2000 38
31. Housing Act 1980 40
32. Housing Loan Guarantee Act 1957 41
33. Interpretation Act 1984 41
34. Jetties Act 1926 41
35. Land Tax Assessment Act 2002 41
36. Liquor Licensing Act 1988 43
37. Local Government Act 1995 43
38. Marine and Harbours Act 1981 43
39. Metropolitan Region Scheme (Fremantle) Act 1994 44
40. Midland Redevelopment Act 1999 44
41. Mines Safety and Inspection Act 1994 47
42. Mining Act 1978 47
43. Motor Vehicle Dealers Act 1973 48
44. Motor Vehicle Repairers Act 2003 48
45. Occupational Safety and Health Act 1984 48
46. Perth Parking Management Act 1999 48
47. Petroleum Pipelines Act 1969 48
48. Pigment Factory (Australind) Agreement Act 1986 49
49. Port Authorities Act 1999 49
page iii
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Contents
50. Port Kennedy Development Agreement Act 1992 50
51. Property Law Act 1969 50
52. Racing and Wagering Western Australia Act 2003 50
53. Racing Restriction Act 2003 51
54. Rail Freight System Act 2000 51
55. Road Safety Council Act 2002 52
56. Sale of Land Act 1970 52
57. Settlement Agents Act 1981 52
58. Silicon (Kemerton) Agreement Act 1987 53
59. Small Business Development Corporation Act 1983 53
60. Small Claims Tribunals Act 1974 53
61. Soil and Land Conservation Act 1945 53
62. Stamp Act 1921 53
63. Strata Titles Act 1985 54
64. Subiaco Redevelopment Act 1994 57
65. Swan River Trust Act 1988 60
66. Swan Valley Planning Act 1995 61
67. Taxation Administration Act 2003 63
68. Transfer of Land Act 1893 63
69. Tree Plantation Agreements Act 2003 64
70. Water Agencies (Powers) Act 1984 64
71. Water Services Licensing Act 1995 65
72. Waterways Conservation Act 1976 66
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Planning and Development (Consequential and
Transitional Provisions) Bill 2005
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 2005.
The Parliament of Western Australia enacts as follows:
page 1
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Planning and Development (Consequential and
Transitional Provisions) Act 2005.
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 2005;
"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 2005
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 22 June 2001.
10 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 240-1.]
6. Section 3 amended
Section 3(1) is amended in the definition of "Planning
Commission" by deleting "by the Western Australian Planning
15 Commission Act 1985;" and inserting instead --
" under the Planning and Development Act 2005; ".
7. Section 23 amended
Section 23(1)(b) is amended by deleting "the Town Planning
and Development Act 1928," and inserting instead --
20 " the Planning and Development Act 2005, ".
8. Section 26 amended
Section 26(2) is amended by deleting "The Minister" and
inserting instead --
" Subject to section 26A, the Minister ".
page 3
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
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 2005
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 2005 ".
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 2005 ".
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 2005 ".
page 5
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
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 28 July 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 265.]
10 (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
where the subdivision of the land was approved before the
15 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 2005,
the minimum standards fixed under section 295(3a) of the Local
Government (Miscellaneous Provisions) Act 1960 apply for the
20 purposes of the Planning and Development Act 2005 as if they
had been fixed under that Act.
Division 4 -- Miscellaneous amendments
15. Acts in Schedule 2 amended
The Acts mentioned in Schedule 2 are amended as set out in
25 that Schedule.
16. Power to amend regulations
(1) The Governor, on the recommendation of the Minister, may
make subsidiary legislation amending subsidiary legislation
made under any Act.
page 6
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
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 2005
Part 3 Transitional and saving provisions
Division 1 Preliminary
s. 17
Part 3 -- Transitional and saving provisions
Division 1 -- Preliminary
17. 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).
18. 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.
page 8
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Transitional and saving provisions Part 3
Preliminary Division 1
s. 19
(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.
19. 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.
page 9
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Part 3 Transitional and saving provisions
Division 2 Continuation of various bodies, memberships and
appointments
s. 20
(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
to include or be a reference to a local planning scheme under the
PD Act.
5 (3) A reference in a written law to a regional planning scheme
under the WAPC Act may, where the context so requires, be
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
10 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
under the PD Act.
Division 2 -- Continuation of various bodies, memberships
and appointments
15 20. WAPC continues
(1) The Western Australian Planning Commission established
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
20 the existing Commission.
(2) If in a written law or other document or instrument there is --
(a) a reference to the existing Commission; or
(b) a reference that is read and construed as a reference to
the existing Commission,
25 the reference may, where the context so requires, be read as if it
had been amended to be a reference to the Commission
established under the PD Act.
21. Membership of Commission
(1) The persons who were members and deputy members of the
30 existing Commission (including the chairperson and deputy
page 10
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Transitional and saving provisions Part 3
Continuation of various bodies, memberships and Division 2
appointments
s. 22
chairperson) immediately before the commencement of the
PD Act continue in office, under and subject to that Act, as the
chairperson, deputy chairperson, members and deputy members
of the board of the Commission established under the PD Act.
5 (2) A person to whom subsection (1) applies is to be regarded as
having been appointed under the PD Act.
(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
10 (b) a reference that is read and construed as a reference to
the chairperson or a member of 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 chairperson or a
15 member of the board of the Commission established under the
PD Act.
22. Staff
(1) People who were engaged by the existing Commission
immediately before the commencement of the PD Act continue,
20 under and subject to that Act, as officers of the Commission.
(2) A person mentioned in subsection (1) is to be regarded as
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
25 superannuation scheme or continuity of service of an officer of
the existing Commission are not affected, prejudiced or
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
30 an officer of the existing Commission are not affected,
prejudiced or interrupted by the repeal of the WAPC Act.
page 11
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Part 3 Transitional and saving provisions
Division 2 Continuation of various bodies, memberships and
appointments
s. 23
23. 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.
page 12
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Transitional and saving provisions Part 3
Continuation of various bodies, memberships and Division 2
appointments
s. 24
(5) If in a written law or other document or instrument there is a
reference to the Transport Committee, the reference may, where
the context so requires, be read as if it had been amended to be a
reference to the Sustainable Transport Committee established
5 under the PD Act.
(6) The persons who were members of an existing committee
immediately before the commencement of the PD Act continue
in office, under and subject to that Act, as the members of the
committee of the same name established under the PD Act.
10 (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
Sustainable Transport Committee established under the PD Act.
24. Board of Valuers
15 (1) In this section --
"existing Board" means the Board of Valuers established under
the MRTPS Act.
(2) The Board of Valuers established under the PD Act is a
continuation of and the same legal entity as the existing Board
20 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
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.
25 (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
Board of Valuers established under the PD Act.
page 13
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Part 3 Transitional and saving provisions
Division 3 Transitional provisions
s. 25
Division 3 -- Transitional provisions
25. 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 256 of the PD Act;
(b) section 9(1) of the TPD Act continue in force as if they
were made under section 258 of the PD Act;
(c) section 9(2b) of the TPD Act continue in force as if they
10 were made under section 259 of the PD Act;
(d) section 33B of the TPD Act continue in force as if they
were made under section 261 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 263 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 262 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.
26. 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 14
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Transitional and saving provisions Part 3
Other savings Division 4
s. 27
27. 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
28. 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.
29. 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 30. 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 15
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Part 4 Validation provision
s. 31
Part 4 -- Validation provision
31. Validation of certain endorsed approvals
Any approval of the Commission endorsed on a diagram or plan
of survey of a stage of a subdivision under the Town Planning
5 and Development Act 1928 before the coming into operation of
this section is taken to be, and always to have been, as valid and
effective as it would have been if section 145 of the Planning
and Development Act 2005 had been in operation at the time of
the endorsement and the approval had been endorsed under that
10 section.
page 16
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Acts repealed Schedule 1
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 17
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 1
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 as that term is defined the
Planning and Development Act 2005
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 meaning given to that
20 term in the Planning and Development Act 2005
section 4.
".
3. Armadale Redevelopment Act 2001
(1) Section 3 is amended as follows:
25 (a) in the definition of "development" by deleting "Town
Planning Act" and inserting instead --
" Planning and Development Act 2005 ";
page 18
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 3
(b) by deleting the definition of "Metropolitan Region Scheme"
and inserting instead --
"
"Metropolitan Region Scheme" has the meaning
5 given to that term in the Planning and
Development Act 2005 section 4;
";
(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 2005
";
(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 2005
";
(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 2005
".
page 19
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 3
(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 2005.
".
(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 2005 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 2005 ".
(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 2005 ".
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 2005, 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 20
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 4
(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 2005 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 2005
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 as defined in the
Planning and Development Act 2005 and any
30 prescribed area that adjoins that region; and
".
page 21
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 5
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 meaning given to that
term in the Planning and Development Act 2005
section 4;
".
(2) Sections 18A(1) and 32(2)(a) are amended by deleting "metropolitan
10 area" in each place where it occurs and inserting instead --
" 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 --
15 " the Planning and Development Act 2005 ".
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 2005 ".
20 (2) Section 15(c) 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 2005
25 ".
page 22
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 8
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 2005 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 2005 ".
(3) Section 7(2)(b) is deleted and the following paragraph is inserted
instead --
"
(b) the Planning and Development Act 2005, 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 meaning
given to that term in the Planning and
25 Development Act 2005 section 4;
".
9. Civil Judgments Enforcement Act 2004
Section 106 is amended in the definition of "declared areas" by
deleting "the Metropolitan Region Town Planning Scheme Act 1959"
30 and inserting instead --
" the Planning and Development Act 2005 ".
page 23
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 10
10. 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
Planning Scheme Act 1959;" and inserting instead --
5 " the Planning and Development Act 2005; ".
11. 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 --
"
10 section 136 of the Planning and Development Act 2005
".
12. 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
15 Act 1959." and inserting instead --
" the Planning and Development Act 2005. ".
(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 --
20 " the Planning and Development Act 2005. ".
13. Contaminated Sites Act 2003
Section 58(6) is amended by deleting "section 20 of the Town
Planning and Development Act 1928" and inserting instead --
"
25 section 135 of the Planning and Development Act 2005
".
14. Control of Vehicles (Off-road Areas) Act 1978
(1) Section 16(5)(d) is amended by deleting "town" and inserting
instead --
30 " local ".
page 24
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 15
(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 2005
".
15. Country Housing Act 1998
Section 3 is amended by deleting the definition of "metropolitan
10 region" and inserting instead --
"
"metropolitan region" has the meaning given to that
term in the Planning and Development Act 2005
section 4;
15 ".
16. Disability Services Act 1993
Section 3 is amended by deleting the definition of "metropolitan
region" and inserting instead --
"
20 "metropolitan region" has the meaning given to that
term in the Planning and Development Act 2005
section 4;
".
17. Dog Act 1976
25 (1) Section 3(1) is amended by deleting the definition of "metropolitan
region" and inserting instead --
"
"metropolitan region" has the meaning given to that
term in the Planning and Development Act 2005
30 section 4;
".
(2) Section 52(1) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2005 ".
page 25
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 18
18. East Perth Redevelopment Act 1991
(1) Section 3 is amended as follows:
(a) by deleting the definition of "Metropolitan Region Scheme"
and inserting instead --
5 "
"Metropolitan Region Scheme" has the meaning
given to that term in the Planning and
Development Act 2005 section 4;
";
10 (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.
(2) Section 5(4)(a) is amended by deleting "town" and inserting
15 instead --
" local ".
(3) Section 19(8) is amended as follows:
(a) by deleting "section 20 of the Town Planning and
Development Act 1928" and inserting instead --
20 "
sections 135 and 136 of the Planning and Development
Act 2005
";
(b) in paragraph (c) by deleting "section 21 of the Town Planning
25 Act" and inserting instead --
"
section 147 of the Planning and Development
Act 2005
".
30 (4) Section 24(2)(c) is amended by deleting "the Town Planning Act" and
inserting instead --
" the Planning and Development Act 2005 ".
page 26
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 18
(5) Section 28 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 2005.
".
(6) Section 38(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 2005 that is in operation
in the redevelopment area immediately before
the appointed day; and
".
(7) Section 45(1) is amended by deleting "Part V of the Town Planning
20 Act" and inserting instead --
" Part 14 of the Planning and Development Act 2005 ".
(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 2005 ".
25 (9) Section 48(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 2005, 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 27
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 19
(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.
".
(10) Section 48(3) is amended by deleting "an Act as applied by
subsection (1) or (2)" and inserting instead --
10 "
the Planning and Development Act 2005 as applied by
subsection (1)
".
(11) Section 55 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 2005
20 ";
(b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
19. Electricity Corporations Act 2005
25 (1) Section 60(3) is amended as follows --
(a) by deleting "Town Planning and Development Act 1928
sections 7B(7) and 10AB(1)" and inserting instead --
"
Planning and Development Act 2005 sections 221
30 and 218
".
(b) in paragraph (b) by deleting "town" and inserting instead --
" local ".
page 28
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 20
(2) Section 60(5) is amended by deleting "Town Planning and
Development Act 1928" and inserting instead --
" Planning and Development Act 2005 ".
20. Energy Operators (Powers) Act 1979
5 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 2005
".
10 21. 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".
(2) Section 3(1) is amended by inserting in the appropriate alphabetical
15 positions the following definitions --
"
"local planning scheme" has the meaning given to
that term in the Planning and Development
Act 2005 section 4;
20 "region planning scheme" has the meaning given to
that term in the Planning and Development
Act 2005 section 4;
".
(3) Section 3(1) is amended in the definition of "assessed scheme" by
25 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,
30 126 or 128 of the Planning and
Development Act 2005 have been
complied with to the extent, if any,
necessary in relation to a region
page 29
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 21
planning scheme, or an amendment to a
region planning scheme, which
amendment or scheme is a scheme
referred to in paragraph (a) or
5 subparagraph (i) or (ii);
".
(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 --
10 "
(c) a region planning scheme, or an amendment
to a region planning scheme, means an
approval under section 53 or 62, as the case
requires, of the Planning and Development
15 Act 2005;
(d) a local planning scheme, or an amendment to
a local planning scheme, means an approval
under section 87(2) of the Planning and
Development Act 2005; or
20 (e) a State planning policy to which section 32
of the Planning and Development Act 2005
applies, or an amendment to such a policy,
means an approval under section 87(2), as
read with section 32, of that Act;
25 ".
(5) Section 3(1) is amended in the definition of "period of public review"
by deleting paragraphs (c), (d), (e) and (f) and "or" after paragraph (e)
and inserting instead --
"
30 (c) a region planning scheme, or an amendment
to a region planning scheme, means the
period referred to in section 44(1) or
58(1)(b), as the case requires, of the
Planning and Development Act 2005;
page 30
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 21
(d) a local planning scheme, or an amendment to
a local planning scheme, means the period of
advertisement for public inspection
prescribed for the purposes of section 84 of
5 the Planning and Development Act 2005; or
(e) a State planning policy to which section 32
of the Planning and Development Act 2005
applies, or an amendment to such a policy,
means the period of advertisement for public
10 inspection prescribed for the purposes of
section 84, as read with section 32, of that
Act;
".
(6) Section 3(1) is amended by deleting the definition of "responsible
15 authority" and inserting instead --
"
"responsible authority", in relation to --
(a) a scheme which is --
(i) prepared under the Armadale
20 Redevelopment Act 2001, means the
Armadale Redevelopment Authority
established under that Act;
(ii) prepared under the East Perth
Redevelopment Act 1991, means the
25 East Perth Redevelopment Authority
established by that Act;
(iii) prepared under the Hope
Valley-Wattleup Redevelopment
Act 2000, means the Western Australian
30 Land Authority established by
section 5(1) of the Western Australian
Land Authority Act 1992;
page 31
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 21
(iv) prepared under the Midland
Redevelopment Act 1999, means the
Midland Redevelopment Authority
established by that Act;
5 (v) prepared under the Subiaco
Redevelopment Act 1994, means the
Subiaco Redevelopment Authority
established by that Act;
(vi) a region planning scheme, or an
10 amendment to a region planning
scheme, means the Western Australian
Planning Commission;
(vii) a local planning scheme, or an
amendment to a local planning scheme,
15 means the local government which is
responsible for the local planning
scheme or amendment; or
(viii) a State planning policy to which
section 32 of the Planning and
20 Development Act 2005 applies, or an
amendment to such a policy, means the
Western Australian Planning
Commission;
or
25 (b) a subdivision which is --
(i) an activity requiring approval under
Part 10 Division 2 of the Planning and
Development Act 2005, means the
Western Australian Planning
30 Commission; or
(ii) a strata plan, strata plan of subdivision
or strata plan of consolidation required
to be accompanied by a certificate
issued under section 23 of the Strata
35 Titles Act 1985, means the local
page 32
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 21
government within the district of which
the subdivision is proposed;
".
(7) Section 3(1) is amended in the definition of "scheme" by deleting
5 paragraphs (f), (g), (h) and (i) and "or" after paragraph (h) and
inserting instead --
"
(f) a region planning scheme, or an amendment
to a region planning scheme;
10 (g) a local planning scheme, or an amendment to
a local planning scheme; or
(h) a State planning policy to which section 32
of the Planning and Development Act 2005
applies, or an amendment to such a policy;
15 ".
(8) Section 3(1) is amended by deleting the definition of "scheme Act"
and inserting instead --
"
"scheme Act" means Armadale Redevelopment
20 Act 2001, East Perth Redevelopment Act 1991,
Hope Valley-Wattleup Redevelopment Act 2000,
Midland Redevelopment Act 1999, Subiaco
Redevelopment Act 1994 or Planning and
Development Act 2005;
25 ".
(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 2005 ".
page 33
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 21
(10) Section 3(2a)(a) is amended by deleting "under Part III of the Town
Planning and Development Act 1928" and inserting instead --
"
under Part 10 Division 2 of the Planning and
5 Development Act 2005
".
(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 --
10 "
(c) a region planning scheme, or an amendment
to a region planning scheme, means
procedure referred to in sections 43, 44, 46
and 48, or section 58, as the case requires, of
15 the Planning and Development Act 2005;
(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 2005; or
20 (e) a State planning policy to which section 32
of the Planning and Development Act 2005
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
25 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 --
30 "
(b) a State planning policy approved under
section 29 of the Planning and Development
Act 2005 and published in the Gazette; or
page 34
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 22
(c) a local planning strategy made under the
Planning and Development Act 2005.
".
(13) Section 68 is amended by deleting "under section 20 of the Town
5 Planning and Development Act 1928" and inserting instead --
"
under section 135 of the Planning and Development
Act 2005
".
10 (14) Schedule 6 clause 9 is amended as follows:
(a) by deleting "Town Planning and Development Act 1928" and
inserting instead --
" Planning and Development Act 2005 ";
(b) in paragraph (a) by deleting "section 20D" and inserting
15 instead --
" section 157 ".
22. Esperance Port Authority Lands Act 1979
(1) Section 4(2) is amended by deleting "the Town Planning and
Development Act, 1928" and inserting instead --
20 " the Planning and Development Act 2005 ".
(2) Section 4(3)(c) is amended by deleting "the Town Planning and
Development Act, 1928" and inserting instead --
" the Planning and Development Act 2005 ".
23. Family Court Act 1997
25 Section 5 is amended by deleting the definition of "metropolitan
region" and inserting instead --
"
"metropolitan region" has the meaning given to that
term in the Planning and Development Act 2005
30 section 4;
".
page 35
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 24
24. 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 2005 ".
5 25. Forrest Place and City Station Development Act 1985
(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 2005 ".
(2) Section 16(4) is amended by deleting "Part III of the Town Planning
10 and Development Act 1928" and inserting instead --
" Section 135 of the Planning and Development Act 2005 ".
26. Gaming and Wagering Commission Act 1987
Section 55(3)(b) is amended as follows:
(a) by deleting "town planning matters" and inserting instead --
15 " local planning matters ";
(b) by deleting "to town planning" and inserting instead --
" to local planning ".
27. Gas Corporation (Business Disposal) Act 1999
Section 23(1) is amended by deleting "section 27A(1)(b)(v) of the
20 Town Planning and Development Act 1928" and inserting instead --
"
section 167(1)(b)(iv) of the Planning and Development
Act 2005
".
25 28. Government Employees' Housing Act 1964
Section 19(a) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2005 ".
page 36
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 29
29. Heritage of Western Australia Act 1990
(1) Section 36(2)(b) is deleted and the following paragraph is inserted
instead --
"
5 (b) on being satisfied that there has been
consultation by the Council with the Western
Australian Planning Commission established by
the Planning and Development Act 2005 --
remit the whole or any part of the Metropolitan
10 Region Improvement Tax payable by the owner
in respect of that place under section 200 of the
Planning and Development Act 2005;
".
(2) Section 60(1) is amended by deleting "Part V of the Town Planning
15 and Development Act 1928 shall apply to any such referral under this
Act, with any modification that may be necessary, as they apply to
other appeals" and inserting instead --
"
Part 14 of the Planning and Development Act 2005
20 apply to any such referral under this Act, with any
modification that may be necessary, as they apply to
applications for review
";
(3) Section 75(3)(a)(ii) and (iii) are deleted and the following
25 subparagraph is inserted instead --
"
(ii) the Planning and Development
Act 2005;
".
30 (4) Section 78(1)(a) and (b) are deleted and the following paragraphs are
inserted instead --
"
(a) applications for approval of development in a
planning control area made under Part 7 of the
35 Planning and Development Act 2005;
page 37
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 30
(b) applications for approval under section 135,
136 or 162, or approvals for the purposes of
section 147, of the Planning and Development
Act 2005;
5 ".
30. Hope Valley-Wattleup Redevelopment Act 2000
(1) Section 3(1) is amended as follows:
(a) by deleting the definition of "Commission" and inserting
instead --
10 "
"Commission" means the Western Australian
Planning Commission established under the
Planning and Development Act 2005;
";
15 (b) in the definition of "development" by deleting "Town
Planning Act" and inserting instead --
" Planning and Development Act 2005 ";
(c) by deleting the definition of "Metropolitan Region Scheme"
and inserting instead --
20 "
"Metropolitan Region Scheme" has the meaning
given to that term in the Planning and
Development Act 2005 section 4;
";
25 (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 --
30 "
(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 2005,
delegate a function conferred under this section.
35 ".
page 38
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 30
(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 2005.
".
(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 2005 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 2005 ".
(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 2005 ".
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 2005, 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 39
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 31
(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 2005 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 2005
20 ";
(b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
31. 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 as defined in the
30 Planning and Development Act 2005 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 consent of
page 40
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 32
the Minister, to secure the closing of any street
or the extinguishment of any easement or
restrictive covenant;
".
5 32. 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 2005;
".
33. 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 ".
34. Jetties Act 1926
Section 7(3) is amended by deleting "made under the Metropolitan
Region Town Planning Scheme Act 1959" and inserting instead --
"
20 as that term is defined in the Planning and
Development Act 2005
".
35. 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 41
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 35
(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 2005 ";
(b) after the definition of "land tax Act" by inserting the
following definition --
10 "
"local planning scheme" has the meaning given to that
term in the Planning and Development Act 2005
section 4;
";
15 (c) by deleting the definition of "town planning scheme".
(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 2005
";
(b) in paragraph (b) --
25 (i) by deleting "section 21(1)(a)" and inserting
instead --
" section 147(1) "; and
(ii) by deleting "section 21(2)" and inserting instead --
" section 147(2) ";
page 42
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 36
(c) by deleting paragraph (c) and inserting instead --
"
(c) on an application for review under section 251
of that Act, the State Administrative Tribunal
5 gives an approval referred to in paragraph (a) or
(b);
".
(6) The Glossary clause 4 is amended by deleting "town" and inserting
instead --
10 " local ".
36. Liquor Licensing Act 1988
(1) Section 40(1) is amended by deleting "town".
(2) Section 40(3) is amended by deleting "town".
37. Local Government Act 1995
15 (1) Section 1.4 is amended in the definition of "metropolitan area" by
deleting "section 6 of the Metropolitan Region Town Planning
Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2005 ".
(2) Section 6.33(1)(a) is deleted and the following paragraph is inserted
20 instead --
"
(a) the purpose for which the land is zoned under a
local planning scheme in force under the
Planning and Development Act 2005;
25 ".
38. Marine and Harbours Act 1981
Section 12(3) is amended by deleting "made under the Metropolitan
Region Town Planning Scheme Act 1959" and inserting instead --
"
30 as that term is defined in the Planning and
Development Act 2005
".
page 43
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 39
39. 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 2005 ".
5 (2) Section 5(2) is amended by deleting "the Metropolitan Region Town
Planning Scheme Act 1959 " and inserting instead --
" the Planning and Development Act 2005 ".
40. Midland Redevelopment Act 1999
(1) Section 3 is amended as follows:
10 (a) in the definition of "development" by deleting "Town
Planning Act" and inserting instead --
" Planning and Development Act 2005 ";
(b) in the definition of "Metropolitan Region Scheme" by
deleting "Metropolitan Scheme Act" and inserting instead --
15 " Planning and Development Act 2005 ";
(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
"temporary member" and inserting a full stop instead.
20 (2) Section 5(4)(a) is amended by deleting "town" and inserting
instead --
" local ".
(3) Section 20(7) is amended as follows:
(a) by deleting "section 20 of the Town Planning Act" and
25 inserting instead --
"
sections 135 and 136 of the Planning and Development
Act 2005
";
page 44
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 40
(b) in paragraph (c) by deleting "section 21 of the Town Planning
Act" and inserting instead --
"
section 147 of the Planning and Development
5 Act 2005
".
(4) Section 27(2)(b) is amended by deleting "Town Planning Act" and
inserting instead --
" Planning and Development Act 2005 ".
10 (5) Section 31 is amended by deleting "a town planning scheme under the
Town Planning Act." and inserting instead --
"
a local planning scheme under the Planning and
Development Act 2005.
15 ".
(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 ";
20 (b) by deleting "and" after paragraph (a);
(c) by inserting after paragraph (a) --
"
(aa) any local planning scheme under the Planning
and Development Act 2005 that is in operation
25 in the redevelopment area immediately before
the appointed day; and
".
(7) Section 52(1) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
30 " Part 14 of the Planning and Development Act 2005 ".
page 45
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 40
(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 2005 ".
(9) Section 56(1) and (2) are repealed and the following subsection is
5 inserted instead --
"
(1) Part 11 Divisions 1 and 2 of the Planning and
Development Act 2005, and sections 184(3) and (4),
187 and 188 of that Act, apply with all necessary
10 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
15 (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
purpose under a planning scheme.
".
20 (10) Section 56(3) is amended by deleting "an Act as applied by
subsection (1) or (2)" and inserting instead --
"
the Planning and Development Act 2005 as applied by
subsection (1)
25 ".
(11) Section 65 is amended as follows:
(a) by deleting "Section 33 of the Town Planning Act" and
inserting instead --
"
30 Section 132 of the Planning and Development
Act 2005
";
page 46
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 41
(b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
41. Mines Safety and Inspection Act 1994
5 Section 15D(1) is amended in paragraph (a)(ii) of the definition of
"residential premises" by deleting "section 6 of the Metropolitan
Region Town Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2005 ".
42. Mining Act 1978
10 (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
under the Local Government Act 1995" and inserting
instead --
15 "
planning scheme in force under the Planning and
Development Act 2005
";
(b) by deleting "or local laws" in the second place where it
20 occurs.
(2) Section 120(2) is amended as follows:
(a) by deleting "the Town Planning and Development Act 1928"
in both places where it occurs and inserting instead --
" the Planning and Development Act 2005 ";
25 (b) in paragraph (b) --
(i) by inserting after "local government" --
"
or the Western Australian Planning
Commission
30 "; and
(ii) by deleting "town planning scheme or local laws"
and inserting instead --
" planning scheme ".
page 47
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 43
43. Motor Vehicle Dealers Act 1973
(1) Section 20E(2) is amended by deleting "town".
(2) Section 21A(2) is amended by deleting "town".
44. Motor Vehicle Repairers Act 2003
5 (1) Section 58(2)(a) is amended by deleting "town".
(2) Section 60(2)(a) is amended by deleting "town".
45. Occupational Safety and Health Act 1984
Section 23G(1) is amended in paragraph (a)(ii) of the definition of
"residential premises" by deleting "section 6 of the Metropolitan
10 Region Town Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2005 ".
46. Perth Parking Management Act 1999
(1) Section 5(a) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
15 " the Planning and Development Act 2005 ".
(2) Section 9(4) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
" the Planning and Development Act 2005 ".
47. Petroleum Pipelines Act 1969
20 Section 10(2)(c) is amended by deleting "any town planning scheme
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 --
"
25 any planning scheme under the Planning and
Development Act 2005
".
page 48
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 48
48. Pigment Factory (Australind) Agreement Act 1986
Section 4B is repealed and the following section is inserted instead --
"
4B. Planning laws modified
5 Despite the Planning and Development Act 2005,
planning schemes as defined in that Act do not apply to
or in relation to the Kemerton works site.
".
49. Port Authorities Act 1999
10 (1) Section 38(1) is amended in the definition of "responsible Minister"
by deleting paragraph (a) and inserting instead --
"
(a) in relation to a planning matter, the Minister
administering the Planning and Development
15 Act 2005;
".
(2) Section 38(2)(a) and "and" after it are deleted and the following is
inserted instead --
"
20 (a) section 6 of the Planning and Development
Act 2005; and
".
(3) Section 38(3) is amended by deleting "for the purposes of section 32
of the Town Planning and Development Act 1928" and inserting
25 instead --
"
for the purposes of section 6 of the Planning and
Development Act 2005
".
30 (4) Section 38(6) is amended by deleting "town".
page 49
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 50
50. Port Kennedy Development Agreement Act 1992
Section 9(1) is amended in the definition of "Metropolitan Region
Scheme" by deleting "the Metropolitan Region Town Planning
Scheme Act 1959" and inserting instead --
5 " the Planning and Development Act 2005 ".
51. Property Law Act 1969
(1) Section 122(6) is amended by deleting "the Western Australian
Planning Commission Act 1985" and inserting instead --
" the Planning and Development Act 2005 ".
10 (2) Section 123(8) is amended by deleting "the Western Australian
Planning Commission Act 1985" and inserting instead --
" the Planning and Development Act 2005 ".
52. Racing and Wagering Western Australia Act 2003
(1) Section 3(1) is amended as follows:
15 (a) by deleting the definition of "country";
(b) by deleting the definition of "metropolitan area" and inserting
instead --
"
"metropolitan region" has the meaning given to that
20 term in the Planning and Development Act 2005
section 4;
".
(2) Section 68(2)(b)(ii) is amended by deleting "area" in both places
where it occurs and inserting instead --
25 " 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
30 instead --
" region ".
page 50
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 53
(5) Section 105(4)(a) is amended by deleting "area" and inserting
instead --
" region ".
53. Racing Restriction Act 2003
5 (1) Section 3(1) is amended by deleting the definition of "metropolitan
area" and inserting instead --
"
"metropolitan region" has the meaning given to that
term in the Planning and Development Act 2005
10 section 4;
".
(2) Section 13(1) is amended by deleting "area" in the 3 places where it
occurs and inserting instead --
" region ".
15 (3) Section 13(2) is amended by deleting "area" in the 3 places where it
occurs and inserting instead --
" region ".
(4) Section 14(1) is amended by deleting "area" in the 3 places where it
occurs and inserting instead --
20 " region ".
54. 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 2005 ".
25 (2) The heading to Part 5 Division 7 is amended by deleting "Town
Planning and Development Act 1928" and inserting instead --
" Planning and Development Act 2005 ".
page 51
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 55
(3) Section 105 is amended by deleting "Section 20(1) of the Town
Planning and Development Act 1928 does" and inserting instead --
"
Sections 135 and 136 of the Planning and
5 Development Act 2005 do
".
55. Road Safety Council Act 2002
(1) Section 6(1)(k) is amended by deleting "Western Australian Planning
Commission Act 1985" and inserting instead --
10 " Planning and Development Act 2005 ".
(2) Section 6(6) is amended by deleting "Western Australian Planning
Commission Act 1985" and inserting instead --
" Planning and Development Act 2005 ".
56. Sale of Land Act 1970
15 (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 2005 ".
(2) Section 16 is amended by deleting "town planning scheme, or any
20 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
25 Act 2005
".
57. Settlement Agents Act 1981
Section 46(2)(a) is amended by deleting "the Town Planning and
Development Act 1928" and inserting instead --
30 " the Planning and Development Act 2005 ".
page 52
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 58
58. Silicon (Kemerton) Agreement Act 1987
Section 4B is repealed and the following section is inserted instead --
"
4B. Planning laws modified
5 Despite anything in the Planning and Development
Act 2005, planning schemes prepared under that Act do
not apply to or in relation to the silicon plant site.
".
59. Small Business Development Corporation Act 1983
10 Section 5(1a) is amended in the definition of "metropolitan region" by
deleting "the Metropolitan Region Town Planning Scheme Act 1959 "
and inserting instead --
" the Planning and Development Act 2005 ".
60. Small Claims Tribunals Act 1974
15 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 --
" the Planning and Development Act 2005 ".
61. Soil and Land Conservation Act 1945
20 The Schedule is amended by deleting "Town Planning and
Development Act 1928" and inserting instead --
" Planning and Development Act 2005 ".
62. Stamp Act 1921
(1) The Second Schedule item 5(1) is amended by deleting "a town
25 planning scheme, including the Metropolitan Region Scheme" and
inserting instead --
" a planning scheme ".
page 53
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 63
(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 2005.
".
5 63. 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 --
" the Planning and Development Act 2005; ".
10 (2) Section 21U(3) is amended by deleting "town planning scheme in
force under the Town Planning and Development Act 1928" and
inserting instead --
"
local planning scheme in force under the Planning and
15 Development Act 2005
".
(3) Section 21U(5) is amended by deleting "town" and inserting
instead --
" local ".
20 (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 --
"
25 local planning scheme in force under the
Planning and Development Act 2005
";
page 54
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 63
(b) in paragraph (b) by deleting "town" and inserting instead --
" local ".
(5) Section 24(2) is amended by deleting "town" and inserting instead --
" local ".
5 (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
Development Act 2005
10 ".
(7) Section 25A(1) is amended as follows:
(a) by deleting "section 24 of the Town Planning and
Development Act 1928" and inserting instead --
"
15 sections 142, 143 and 144 of the Planning and
Development Act 2005, and section 151 of that Act
applies,
";
(b) by deleting "Part III of " .
20 (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 --
"
Divisions 1, 2 (other than section 141) and 3 of Part 10
25 of the Planning and Development Act 2005, and
section 166 of that Act,
".
(9) Section 25B(3) is amended by deleting "section 26 of the Town
Planning and Development Act 1928" and inserting instead --
30 " section 251 of the Planning and Development Act 2005 ".
page 55
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 63
(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
and Development Act 1928" and inserting instead --
5 "
local planning scheme in force under the
Planning and Development Act 2005
";
(b) in paragraph (f) by deleting "town" and inserting instead --
10 " local ".
(11) Section 26(5) 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 2005 ".
(12) Section 27(3) is amended by deleting "Part V of the Town Planning
15 and Development Act 1928" and inserting instead --
" Part 14 of the Planning and Development Act 2005 ".
(13) Section 31F(2)(e) is amended by deleting "town planning scheme in
force under the Town Planning and Development Act 1928" and
inserting instead --
20 "
local planning scheme in force under the
Planning and Development Act 2005
".
(14) Section 31F(4) is amended by deleting "town" and inserting
25 instead --
" local ".
(15) Section 65(1)(c) is amended by deleting "the Metropolitan Region
Town Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2005 ".
page 56
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 64
(16) Section 65(2) is amended by deleting "the Metropolitan Region Town
Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2005 ".
(17) Section 65A(1) is amended by deleting "the Metropolitan Region
5 Town Planning Scheme Act 1959" and inserting instead --
" the Planning and Development Act 2005 ".
64. Subiaco Redevelopment Act 1994
(1) Section 3 is amended as follows:
(a) in the definition of "development" by deleting "Town
10 Planning Act" and inserting instead --
" Planning and Development Act 2005 ";
(b) in the definition of "Metropolitan Region Scheme" by
deleting "Metropolitan Scheme Act" and inserting instead --
" Planning and Development Act 2005 ";
15 (c) by deleting the definitions of "Metropolitan Scheme Act" and
"Town Planning Act".
(2) Section 5(4)(a) is amended by deleting "town" and inserting
instead --
" local ".
20 (3) Section 21(7) is amended as follows:
(a) by deleting "section 20 of the Town Planning Act" and
inserting instead --
"
sections 135 and 136 of the Planning and Development
25 Act 2005
";
(b) in paragraphs (a) and (b) by deleting "State Planning
Commission" in both places where it occurs and inserting
instead --
30 " Western Australian Planning Commission ";
page 57
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 64
(c) in paragraph (c) by deleting "section 21 of the Town Planning
Act" and inserting instead --
"
section 147 of the Planning and Development
5 Act 2005
".
(4) Section 28(2)(c) is amended by deleting "Town Planning Act" and
inserting instead --
" Planning and Development Act 2005 ".
10 (5) Section 32 is amended by deleting "a town planning scheme under the
Town Planning Act" and inserting instead --
"
a local planning scheme under the Planning and
Development Act 2005
15 ".
(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:
20 (a) by deleting "and" after paragraph (a);
(b) by inserting after paragraph (a) --
"
(aa) any local planning scheme under the Planning
and Development Act 2005 that is in operation
25 in the redevelopment area immediately before
the appointed day; and
".
(8) Section 52(1) is amended by deleting "Part V of the Town Planning
Act" and inserting instead --
30 " Part 14 of the Planning and Development Act 2005 ".
page 58
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 64
(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 2005 ".
(10) Section 55(1) and (2) are repealed and the following subsection is
5 inserted instead --
"
(1) Part 11 Divisions 1 and 2 of the Planning and
Development Act 2005, and sections 184(3) and (4),
187 and 188 of that Act, apply with all necessary
10 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
15 (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
purpose under a planning scheme.
".
20 (11) Section 55(3) is amended by deleting "an Act as applied by
subsection (1) or (2)" and inserting instead --
"
the Planning and Development Act 2005 as applied by
subsection (1)
25 ".
(12) Section 63 is amended as follows:
(a) by deleting "Section 33 of the Town Planning Act" and
inserting instead --
"
30 Section 132 of the Planning and Development
Act 2005
";
page 59
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 65
(b) in paragraph (a) by deleting "an approved scheme" and
inserting instead --
" a planning scheme ".
65. Swan River Trust Act 1988
5 (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
"Minister for Planning" by deleting "Metropolitan Scheme
Act" and inserting instead --
10 " Planning and Development Act 2005 ";
(c) in the definition of "Western Australian Planning
Commission" by deleting "by section 4(1) of the Western
Australian Planning Commission Act 1985." and inserting
instead --
15 " under the Planning and Development Act 2005. ".
(2) Section 7(1)(f) is amended by deleting "statements of planning
policy" and inserting instead --
" State planning policies ".
(3) Section 12(1)(c) is deleted and the following paragraph is inserted
20 instead --
"
(c) the holder of such office in the Western
Australian Planning Commission as the
Minister for Planning may from time to time
25 nominate;
".
(4) Section 47 is amended by deleting the definition of "Minister for
Planning".
page 60
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 66
(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
5 Act 2005
".
(6) Section 63(4) is amended by deleting "section 36(3)(a) of the
Metropolitan Scheme Act" and inserting instead --
"
10 section 177(1)(a) of the Planning and Development
Act 2005
".
(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 --
15 "
Sections 180, 187 and 188 of the Planning and
Development Act 2005
".
66. Swan Valley Planning Act 1995
20 (1) Section 3 is amended as follows:
(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 2005; ";
25 (b) by deleting the definition of "Shire town planning scheme";
(c) after the definition of "land" by inserting --
"
"local planning scheme" means the local planning
scheme for the time being in force under the
30 Planning and Development Act 2005 for the local
government district of Swan;
".
page 61
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 66
(2) Section 13(1)(a) is deleted and the following paragraph is inserted
instead --
"
(a) to provide advice in accordance with --
5 (i) section 15(2);
(ii) sections 40, 47, 78 and 134 of the
Planning and Development Act 2005;
and
(iii) clause 30B of the Metropolitan Region
10 Scheme as defined in the Planning and
Development Act 2005;
".
(3) Section 15(1) is amended by deleting "Shire town planning scheme"
and inserting instead --
15 " 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
20 Development Act 1928" and inserting instead --
" Planning and Development Act 2005 ".
(6) Section 23(1) is amended by deleting "Shire town planning scheme"
and inserting instead --
" local planning scheme ".
page 62
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 67
(7) Section 23(2) is repealed and the following subsection is inserted
instead --
"
(2) For the purposes of ensuring that subsection (1) is
5 complied with the Minister may exercise the powers in
section 212 of the Planning and Development Act 2005
as if --
(a) subsection (1) of this section were the relevant
provision referred to in section 212(1) of that
10 Act; and
(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,
15 and section 213 of the Planning and Development
Act 2005 applies accordingly.
".
67. Taxation Administration Act 2003
After section 3(1)(g) the following paragraph is inserted --
20 "
(ga) section 200 of the Planning and Development
Act 2005;
".
68. Transfer of Land Act 1893
25 (1) Section 4(1) is amended by deleting the definition of "Metropolitan
region" and inserting instead --
"
"Metropolitan region" has the meaning given to that
term in the Planning and Development Act 2005
30 section 4;
".
(2) Section 166(3) is amended by deleting "section 295 of the Local
Government (Miscellaneous Provisions) Act 1960 and to section 20(2)
page 63
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 69
of the Town Planning and Development Act 1928" and inserting
instead --
"
section 146(1) of the Planning and Development
5 Act 2005
".
(3) Section 167A(2)(a) is amended by inserting after "Town Planning and
Development Act 1928" --
"
10 or section 152 of the Planning and
Development Act 2005
".
69. Tree Plantation Agreements Act 2003
(1) Section 6(5) is amended by deleting "section 20 of the Town Planning
15 and Development Act 1928" and inserting instead --
"
section 135 or 136 of the Planning and Development
Act 2005
".
20 (2) Section 10(2) is amended by deleting "section 20 of the Town
Planning and Development Act 1928" and inserting instead --
"
section 135 or 136 of the Planning and Development
Act 2005
25 ".
70. 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 --
30 "
local planning scheme is in force under the Planning
and Development Act 2005
".
page 64
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 2
cl. 71
(2) Section 65(a) is amended as follows:
(a) in the definition of "development" by deleting "Town
Planning and Development Act 1928" and inserting
instead --
5 " Planning and Development Act 2005 ";
(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 --
"
10 Part 10 of the Planning and Development
Act 2005
".
(3) Section 67(4) is amended by deleting "Part III of the Town Planning
and Development Act 1928" and inserting instead --
15 " Part 10 of the Planning and Development Act 2005 ".
(4) Section 67(7) is amended by deleting "Town Planning and
Development Act 1928" and inserting instead --
" Planning and Development Act 2005 ".
(5) Section 79 is amended by deleting "section 20 of the Town Planning
20 and Development Act 1928" and inserting instead --
"
section 135 of the Planning and Development Act 2005
".
71. Water Services Licensing Act 1995
25 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 2005
30 s. 157(1)(a)(ii)
s. 167(2)(b)(ii)
".
page 65
Planning and Development (Consequential and Transitional Provisions)
Bill 2005
Schedule 2 Consequential amendments
cl. 72
72. 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 2005;
";
(b) in paragraph (b) by deleting "the Western Australian
10 Planning Commission Act 1985;" and inserting instead --
" the Planning and Development Act 2005; ";
(c) in paragraph (d) by deleting "Town Planning and
Development Act 1928" and inserting instead --
" Planning and Development Act 2005 ";
15 (d) by deleting paragraph (f)(i) and inserting instead the
following subparagraph --
"
(i) a local planning scheme;
".
20
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