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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Port Kennedy Development Bill 2017 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Planning scheme amendments 3. Terms used 3 4. Metropolitan Region Scheme amended 4 5. Rockingham local planning scheme amended 4 6. Effect of amendments 4 Part 3 -- Repeal and amendment of Acts 7. Port Kennedy Development Agreement Act 1992 repealed 6 8. Aquatic Resources Management Act 2016 amended 6 Schedule 1 -- Port Kennedy Revised Development Plan (indicative only) Schedule 2 -- Rockingham development zone plan (indicative only) 17--1B page i Western Australia LEGISLATIVE ASSEMBLY Port Kennedy Development Bill 2017 A Bill for An Act -- • to repeal the Port Kennedy Development Agreement Act 1992; and • to provide for planning changes to allow a revised Port Kennedy project to proceed; and • for related purposes. The Parliament of Western Australia enacts as follows: page 1 Port Kennedy Development Bill 2017 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Port Kennedy Development Act 2017. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. page 2 Port Kennedy Development Bill 2017 Planning scheme amendments Part 2 s. 3 1 Part 2 -- Planning scheme amendments 2 3. Terms used 3 (1) In this Part -- 4 Area A means the area shown as Area A on the Port Kennedy 5 Revised Development Plan; 6 Area B means the area that is -- 7 (a) shown as Area B on the Port Kennedy Revised 8 Development Plan; and 9 (b) shown as the hachured area on the Rockingham 10 development zone plan; 11 Commission means the Western Australian Planning 12 Commission established by the Planning Act section 7; 13 Metropolitan Region Scheme has the meaning given in the 14 Planning Act section 4(1); 15 Planning Act means the Planning and Development Act 2005; 16 Port Kennedy Revised Development Plan means the plan 17 entitled Port Kennedy Revised Development Plan held at the 18 office of the Commission and certified by the Commission as 19 the plan prepared for the purposes of describing the areas in 20 which the reservation or zoning of land under the Metropolitan 21 Region Scheme is to be changed by this Act; 22 Rockingham development zone plan means the plan entitled 23 Rockingham development zone plan held at the office of the 24 Commission and certified by the Commission as the plan 25 prepared for the purposes of describing the area in which the 26 zoning of land under the Rockingham local planning scheme is 27 to be changed by this Act; 28 Rockingham local planning scheme means the local planning 29 scheme for the City of Rockingham under the Planning Act 30 known as the City of Rockingham Town Planning Scheme 31 No. 2 -- District Zoning Scheme. page 3 Port Kennedy Development Bill 2017 Part 2 Planning scheme amendments s. 4 1 (2) An indicative depiction of the Port Kennedy Revised 2 Development Plan is in Schedule 1. 3 (3) An indicative depiction of the Rockingham development zone 4 plan is in Schedule 2. 5 4. Metropolitan Region Scheme amended 6 (1) The Metropolitan Region Scheme is amended by changing the 7 reservation of the land in Area A to "Parks and Recreation". 8 (2) The Metropolitan Region Scheme is amended by changing the 9 zoning of any land in Area B that is not zoned as "Urban" to 10 "Urban". 11 (3) In any proceedings, a plan purporting to be a copy of the Port 12 Kennedy Revised Development Plan showing the boundaries of 13 the area affected by subsection (1) or (2), as the case may be, is 14 evidence of those boundaries. 15 5. Rockingham local planning scheme amended 16 (1) The Rockingham local planning scheme is amended by 17 rezoning any land in Area B that is not in the Development 18 Zone to the Development Zone. 19 (2) In any proceedings, a plan purporting to be a copy of the 20 Rockingham development zone plan showing the boundaries of 21 the area affected by subsection (1) is evidence of those 22 boundaries. 23 6. Effect of amendments 24 (1) The amendments effected by this Part have effect as though the 25 amendments were enacted under the Planning Act. 26 (2) Despite subsection (1) the Planning Act section 126(3) to (6) do 27 not apply to the amendment to the Metropolitan Region Scheme 28 effected by section 4(2). page 4 Port Kennedy Development Bill 2017 Planning scheme amendments Part 2 s. 6 1 (3) Nothing in this Part affects the operation of the Planning Act 2 with respect to amendments to the Metropolitan Region Scheme 3 or the Rockingham local planning scheme as amended by this 4 Part. page 5 Port Kennedy Development Bill 2017 Part 3 Repeal and amendment of Acts s. 7 1 Part 3 -- Repeal and amendment of Acts 2 7. Port Kennedy Development Agreement Act 1992 repealed 3 The Port Kennedy Development Agreement Act 1992 is 4 repealed. 5 8. Aquatic Resources Management Act 2016 amended 6 (1) This section amends the Aquatic Resources Management 7 Act 2016. 8 (2) In section 377 in the Table delete the item relating to the Port 9 Kennedy Development Agreement Act 1992. page 6 Port Kennedy Development Bill 2017 Port Kennedy Revised Development Plan (indicative only) Schedule 1 1 Schedule 1 -- Port Kennedy Revised Development Plan 2 (indicative only) 3 [s. 3(2)] 4 page 7 Port Kennedy Development Bill 2017 Schedule 2 Rockingham development zone plan (indicative only) 1 Schedule 2 -- Rockingham development zone plan 2 (indicative only) 3 [s. 3(3)] 4
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