Western Australian Current Acts

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           Long Title

   PART 1 -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Purposes and interpretation of this Act
   4.      Terms used
   5.      Crown bound
   6.      Act does not interfere with public works

   PART 2 -- The Western Australian Planning Commission

           Division 1 -- Establishment and management  

   7.      Commission established
   8.      Status
   9.      Board of management
   10.     Membership of board
   11.     Associate members of board, for regions
   12.     Board’s constitution and proceedings (Sch. 1)
   13.     Remuneration and allowances

           Division 2 -- Functions and powers  

   14.     Functions
   15.     Powers
   16.     Delegation by Commission
   17.     Minister may give Commission directions
   18.     Minister to have access to information
   19.     Committees (Sch. 2)
   20.     Fees for Commission’s services

           Division 3 -- Administration  

   21.     Secretary
   22.     Staff
   23.     Use of staff and facilities of public authorities

           Division 4 -- Miscellaneous  

   24.     Execution of documents

   PART 3 -- State planning policies  

   25.     Statements of planning policy under repealed Act, effect of
   26.     State planning policies, preparation and content of
   27.     Matters to be considered when preparing State planning policy
   28.     Consultation on and public notice of proposed State planning policy
   29.     Approval of Governor
   30.     Publicising approved State planning policy
   31.     Amending or repealing State planning policy
   32.     Environmental review

   PART 4 -- Region planning schemes

           Division 1 -- Continuation and formulation of region planning schemes  

   33.     Schemes under repealed Act, effect of
   34.     Region planning schemes, preparation and content of
   35.     Commission may resolve to prepare or amend region planning scheme
   36.     Restrictions on making or amending region planning scheme for metropolitan region
   37.     Region planning scheme may be amended or repealed

           Division 2 -- Prerequisites to region planning scheme or amendment  

   38.     Proposed schemes and amendments to be referred to EPA
   39.     Environmental review, when required etc.

           Division 3 -- Making of region planning scheme and amendments  

   41.     Procedure
   42.     Minister’s consent needed to seek public submissions on proposed scheme or amendment
   43.     Publicising proposed scheme or amendment
   44.     Submissions on proposed scheme or amendment
   45.     Commission’s duties if proposed scheme or amendment is to be assessed under EP Act
   46.     Person making submission may be heard
   48.     Proposed scheme or amendment etc. to be submitted to Minister
   49.     Minister may withdraw proposed scheme or amendment
   50.     When Minister may submit proposed scheme or amendment for Governor’s approval
   51.     Minister may direct proposed scheme or amendment to be republicised
   52.     Modifications to proposed scheme or amendment, procedure on
   53.     Approval of Governor
   54.     Publicising approved scheme or amendment
   55.     Revoking approval of scheme or amendment
   56.     Parliament may disallow scheme or amendment

           Division 4 -- Minor amendments to region planning scheme  

   57.     Minor amendment, procedure for approval of etc.
   58.     Publicising proposed minor amendment
   59.     Submissions on minor amendment to be considered
   60.     Commission’s duties if proposed minor amendment is to be assessed under EP Act
   61.     Minister not to approve proposed minor amendment in some cases
   62.     Minister may approve or decline to approve minor amendment

           Division 5 -- Consolidation of region planning scheme  

   63.     Minister may direct consolidation
   64.     Maps, plans, diagrams may be added or substituted
   65.     Certification and delivery of consolidation
   66.     Proof of consolidation
   67.     Consolidation of portion of region planning scheme

   PART 5 -- Local planning schemes

           Division 1 -- Continuation and formulation of local planning schemes  

   68.     Town planning schemes under repealed Act, effect of
   69.     General objects of schemes
   70.     Scheme may be made for land outside scheme or be concurrent with another scheme
   71.     Scheme not to apply to redevelopment area or Swan Valley
   72.     Local government may prepare or adopt scheme
   73.     Contents of scheme
   74.     Repealing scheme
   75.     Amending scheme

           Division 2 -- Minister’s powers in relation to local planning schemes  

   76.     Minister may order local government to prepare or adopt scheme or amendment
   77A.    Minister may order local government to amend scheme to be consistent with State planning policy

           Division 3 -- Relevant considerations in preparation or amendment of local planning scheme  

   77.     State planning policies, effect of on scheme
   79.     Heritage Council’s advice to be sought in some cases
   80.     Swan and Canning Rivers management programme, effect of
   81.     Proposed scheme or amendment to be referred to EPA
   82.     Environmental review, when required etc.
   83.     Consultation requirements

           Division 4 -- Advertisement and approval  

   84.     Advertising proposed scheme or amendment
   85.     Local government’s duties if proposed scheme or amendment to be assessed under EP Act
   86.     Minister not to approve proposed scheme or amendment in some cases
   87.     Approving and publicising scheme or amendment

           Division 5 -- Review of local planning schemes  

   88.     Consolidated scheme, when to be prepared
   89.     Consolidated scheme, public submissions to be sought on
   90.     Consolidated scheme, report on operation of required
   91.     Procedure if s. 90 report does not recommend change to scheme
   92.     Procedure if s. 90 report recommends change to scheme
   93.     Consolidated scheme, effect of publication of
   94.     Procedure if new scheme prepared following s. 90 report
   95.     Procedure if scheme repealed following s. 90 report
   96.     Consolidation of 2 or more schemes, when this Div. applies to

           Division 6 -- Crown land  

   97.     Schemes for Crown lands

   PART 6 -- Interim development orders

           Division 1 -- Regional interim development orders  

   98.     Making and purpose of order
   99.     Contents of order
   100.    Commission to consult local government on some development applications
   101.    Restrictions on power to grant development approval

           Division 2 -- Local interim development orders  

   102.    Making and purpose of order
   103.    Contents of order

           Division 3 -- Provisions applying to regional and local interim development orders  

   104.    Consultation requirements
   105.    Publicising interim development order
   106.    Administration of interim development order
   107.    Effect and duration of interim development order
   108.    Existing lawful development not affected
   109.    Amending interim development order
   110.    Revoking interim development order
   111.    Non-conforming development by local government or public authority, procedure for

   PART 7 -- Planning control areas  

   112.    Declaration of planning control areas
   113.    Amending or revoking s. 112 declaration
   114.    Duration of s. 112 declaration
   115.    Development in planning control area, applying for approval of
   116.    Commission may approve or refuse s. 115 application
   117.    Commission may revoke approval if development does not conform with it
   118.    Existing lawful development not affected

   PART 8 -- Improvement plans and schemes

           Division 1 -- Improvement plans  

   119.    Preparing and making improvement plan
   120.    Amending or revoking improvement plan
   121.    Commission’s powers as to land under improvement plan

           Division 2 -- Improvement schemes  

   122A.   Content of improvement scheme
   122B.   Preparing, approving and reviewing improvement scheme
   122C.   Existing lawful development not affected
   122D.   Effect of improvement scheme on other planning schemes
   122E.   Removal of land from improvement scheme area or repeal of improvement scheme, effect of
   122F.   Amended improvement scheme area, transitional provisions for
   122G.   Applications for development pending when land removed or improvement scheme repealed
   122H.   Permanently closing street in improvement scheme area
   122I.   Some planning schemes have no force while improvement scheme in force
   122J.   Minister may amend local planning scheme to conform with improvement scheme
   122K.   Region planning scheme may be amended to conform with improvement scheme
   122L.   Minister has s. 211 and 212 powers for improvement scheme
   122M.   Fees for planning matters under improvement scheme, Commission may impose

           Division 3 -- General  

   122.    This Part does not derogate from other powers

   PART 9 -- Relationship between planning schemes, planning control provisions and written laws  

   123.    Local planning scheme or local law to be consistent with region planning scheme or Swan Valley Planning Scheme
   124.    Effect of region planning scheme on local planning scheme
   125.    Minister may direct local government to amend local planning scheme to be consistent with region planning scheme etc.
   126.    Local planning scheme, amendment of due to region planning scheme
   127.    Minister may direct local government to modify proposed scheme or amendment to be consistent with region planning scheme
   128.    Breach of s. 124(2), 125 or 127(2), Minister’s powers in case of
   129.    Inconsistency between interim development order and local planning scheme or local law, effect of
   130.    Planning control area provisions (Part 7) prevail
   131.    Building standards etc. prevail
   131A.   Relationship between Swan Valley Planning Scheme and other planning schemes or policies
   132.    Governor may modify or suspend law to enable planning scheme to have effect

   PART 10 -- Subdivision and development control

           Division 1 -- Application  

   133.    Application of PART to Crown land
   134.    Relationship of Part to some other laws

           Division 2 -- Approval for subdivision and certain transactions  

   135.    No subdivision etc. without approval
   136.    Approval required for some dealings as to land not dealt with as lot or lots
   137.    Heritage land, subdivision etc. of
   138.    Commission’s functions when approving subdivision etc.
   138A.   Commission’s functions when approving subdivision etc. in Swan Valley
   139.    Leases and licences that do not need approval under s.
   140.     Saving of some agreements entered into without approval under s.
   141.     Refund where land transaction cannot be completed
   142.    Consultation requirements as to proposed subdivision
   143.    Commission’s duties when dealing with plan of subdivision
   144.    Reconsidering refusal to approve plan of subdivision
   145.    Diagram or plan of survey of approved plan of subdivision, approval of
   146.    No certificate of title for subdivided land without approved diagram or plan of survey
   147.    No registration etc. of some land dealings without Commission’s approval

           Division 3 -- Conditions of subdivision  

   150.    Road access, conditions as to
   151.    Reconsidering conditions
   152.    Certain land to vest in Crown
   153.    Setting aside land for open space or payment in lieu
   154.    Money paid in lieu of open space, application of
   155.    Value of land for s. 153, how determined
   156.    Valuation under s. 155, dispute as to
   157.    When approval of subdivision deemed to be approval under planning scheme

           Division 4 -- Subdivision costs  

   158.    Expenses of construction etc. of roads etc.
   159.    Subdivider may recover portion of road costs from later subdivider
   160.    Money payable under s. 159, recovery of
   161.    When subdivision occurs

           Division 5 -- Development controls  

   162.    No development except with approval
   163.    Application for development of heritage place
   164.    Development commenced or carried out, subsequent approval of

           Division 5A -- Integration of subdivision and development  

   164A.   Integration of subdivision and development

           Division 6 -- Miscellaneous  

   165.    Hazard etc. affecting land, notating titles as to
   166.    Encroachment that leads to approved subdivision
   167.    Easement, creation of etc. on subdivision etc.
   168.    Road, creation of etc. on subdivision etc.
   169.    Roads and waterways, minimum standards of construction for
   170.    Proposed road or waterway, drawings etc. of required

   PART 11A -- Development Assessment Panels and development control

           Division 1 -- Functions of DAPs  

   171A.   Prescribed development applications, DAP to determine and regulations for
   171B.   DAP to carry out delegated functions

           Division 2 -- Development Assessment Panels: establishment and administration  

   171C.   Establishment of DAPs
   171D.   Constitution, procedure and conduct of DAPs
   171E.   Administration and costs of DAPs
   171F.   Review of regulations

   PART 11 -- Compensation and acquisition

           Division 1 -- General matters in relation to compensation  

   171.    Entitlement to compensation, limits on

           Division 2 -- Compensation where land injuriously affected by planning scheme  

   172.    Terms used
   173.    Injurious affection, compensation for
   174.    When land is injuriously affected
   175.    No compensation if scheme’s provisions are, or could have been, in certain other laws
   176.    Questions as to injurious affection etc., how determined
   177.    When compensation payable if land reserved
   178.    Claim for compensation, time for making
   179.    Injurious affection due to land being reserved, amount of compensation for
   180.    Notating title to land after compensation paid
   181.    Recovering paid compensation if reservation revoked or reduced
   182.    Board of Valuers
   183.    Valuations by Board

           Division 3 -- Other compensation  

   184.    Betterment; compensation for expenses rendered abortive by amendment or repeal of scheme
   185.    Injurious affection due to interim development order
   186.    Injurious affection due to planning control area

           Division 4 -- Purchase or compulsory acquisition  

   187.    Acquiring land in lieu of paying compensation
   188.    Land to be acquired under s. 187, valuing
   189.    Land in proposed region planning scheme, Commission may purchase
   190.    Responsible authority may purchase land for planning scheme
   191.    Compulsory acquisition of land in scheme area
   192.    Land etc. to be acquired under s. 191, valuing
   193.    Responsible authority’s powers as to acquired land
   194.    Responsible authority may grant easement over acquired land
   195.    Commission’s powers to acquire land in improvement plan
   196.    Commission may sell etc. acquired land
   197.    Declaring land for public work to be instead held etc. for region planning scheme or improvement plan
   197A.   Planning control areas

   PART 12 -- Financial provisions

           Division 1 -- Metropolitan Region Improvement Fund  

   198.    Metropolitan Region Improvement Account
   199.    MRI Account, application of

           Division 2 -- Metropolitan Region Improvement Tax  

   200.    Owners’ liability to pay tax
   201.    MC Tax collections, how to be dealt with

           Division 3 -- Financial provisions relating to the Commission  

   202.    Saving
   203.    Funds of Commission
   204.    Minister’s approval needed for some contracts and expenditure
   205.    Borrowing powers
   206.    Borrowing from Treasurer
   207.    Guarantees by Treasurer
   208.    Financial Management Act 2006 and Auditor General Act 2006, application of
   209.    Commission’s land not subject to rates etc.

           Division 4 -- Financial provisions relating to local governments  

   210.    Apportioning expenses between local governments

   PART 13 -- Enforcement and legal proceedings

           Division 1 -- Enforcement  

   211.    Person aggrieved by local government’s omission may go to Minister; Minister’s powers
   212.    Breach of order etc. by local government, Minister’s powers as to
   213.    Minister’s action under s. 212, effect of
   214.    Illegal development, responsible authority’s powers as to
   215.    Illegal development, responsible authority’s powers to remove etc.
   216.    Breach of Act etc. or development approval, injunctions as to
   217.    Environmental conditions, Minister’s powers to enforce

           Division 2 -- Offences  

   218.    Planning scheme or condition on development, contravening etc.
   219.    Unauthorised subdivision works
   220.    Planning control area, unauthorised development in
   221.    Interim development order, contravening
   222.    Heritage place, unauthorised development in
   223.    General penalty
   224.    Other enforcement provisions not affected
   225.    Onus of proof in vehicle offence may be shifted

           Division 3 -- Infringement notices  

   226.    Terms used
   227.    Prescribed offences
   228.    Giving of infringement notice
   229.    Content of infringement notice
   230.    Extending time to pay modified penalty
   231.    Withdrawal of infringement notice
   232.    Benefit of paying modified penalty
   233.    Paid modified penalty, application of
   234.    Designated persons, appointment of
   235.    Notice placing onus on vehicle owner

   PART 14 -- Applications for review

           Division 1 -- Making and determination of applications for review  

   236.    When this Part applies
   237.    Terms used
   237A.   How SAT to be constituted
   238.    SAT members, qualifications of
   239.    Legal representation, some applicants may elect there will be none
   240.    SAT to invite Minister for the Environment to make submission before determining certain applications
   241.    SAT to have regard to certain matters
   242.    Persons who are not parties, submissions from
   243.    Exclusion of powers to join parties
   244.    SAT review of some SAT decisions
   245.    Submissions by Minister to SAT
   246.    Minister may call in application to SAT for review
   247.    Determination of application by Minister

           Division 2 -- Decisions which may be reviewed  

   249.    Decision as to development under interim development order
   250.    Decision as to development in planning control area
   251.    Some decisions made under Part
   252.    Decision made in exercise of discretionary power under planning scheme
   253.    Responsible authority not making decision, notice of default to and deemed refusal by

           Division 3 -- Other applications for review  

   254.    Decision made under EP Act s. 48I
   255.    Direction given under s.

   PART 15 -- Subsidiary legislation  

   256.    Regulations for content of local planning schemes
   257A.   Model provisions, effect of
   257B.   Deemed provisions, effect of
   258.    Regulations for procedure and costs for local planning schemes
   259.    Regulations for environmental review expenses
   261.    Local government fees for planning matters etc., regulations as to
   262.    Uniform general local laws
   263.    Regulations: general
   264.    Regulations may adopt codes and other texts

   PART 16 -- Miscellaneous  

   265.    Delegation by Minister
   266.    Duties and liabilities of persons performing functions under this Act or Swan Valley Planning Act 2020
   267A.   Crown and State land, who may sign documents as to
   267.    Protection from personal liability
   268A.   Laying documents before House of Parliament that is not sitting
   268.    Review of Act

   PART 17 -- Special provisions for COVID-19 pandemic relating to development applications

           Division 1 -- Preliminary  

   269.    Terms used
   270.    Effect of Part

           Division 2 -- Commission to determine certain development applications

              Subdivision 1 -- Applications and referrals  

   271.    Development applications that may be made directly to Commission during recovery period or extended recovery period
   272.    Development applications that may be referred to Commission by Premier during recovery period or extended recovery period
   273.    Supplementary provisions for applications and referrals

              Subdivision 2 -- Determinations  

   274.    Determination of development applications by Commission
   275.    Application of legal instruments and matters to which Commission must have due regard
   276.    Consultation, submissions and other input
   277.    Effect of Commission determination under s.
   278.    Substantial commencement of development approved by Commission under s.
   279.     Amendment or cancellation of approval granted by Commission under s.

           Division 3 -- Avoiding conflicts with approvals granted by Commission under section  

   280.     General provisions for Division
   281.    Decision-maker proposing to perform function in conflict with approval
   282.    Owner of land or other prescribed person may apply for direction if performance of function conflicts with approval

           Division 4 -- Oversight of Commission  

   283.    State Administrative Tribunal
   284.    Governor may amend or cancel approval granted by Commission under s.

           Division 5 -- Final matters  

   285.    Fees
   286.    Regulations

   PART 18 -- Extension of time for endorsement of diagram or plan of survey due to COVID-19 pandemic  

   287.    Term used: COVID-19 emergency start date
   288.    Extension of time for endorsement of diagram or plan of survey of approved subdivision

   PART 19 -- Transitional provisions

           Division 1 -- Provisions for Planning and Development Amendment Act 2020  

   289.    LDAP or JDAP continues as district DAP
   290.    Preparation and approval of planning schemes where process commenced before commencement day
   291.    R-Codes taken to be planning codes
   292.    Regulations made by Minister continue in force
   293.    Electronic planning maps prepared before commencement day
   294.    Transitional regulations

           Division 2 -- Provisions for Planning and Development Amendment Act 2022  

   295.    Amendments to development approvals
   296.    Fees
           SCHEDULE 1 -- Constitution and proceedings of the Board  
           SCHEDULE 2 -- Committees  
           SCHEDULE 3 -- Metropolitan region
           SCHEDULE 4 -- Other regions  
           SCHEDULE 5 -- Local governments -- metropolitan region  
           SCHEDULE 6 -- Planning control areas: purposes for which land may be required
           SCHEDULE 7 -- Matters which may be dealt with by planning scheme  
           SCHEDULE 8 -- Matters for which local laws may be made by Governor  
           SCHEDULE 9 -- Board of Valuers  

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