Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

PLANNING AND DEVELOPMENT ACT 2005


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

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

   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     Statements of planning policy under repealed Act, effect of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     Schemes under repealed Act, effect of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.
            
   40.     Swan Valley Planning Committee, consultation with before public submissions

           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
            
   47.     Swan Valley Planning Committee, consultation with after public submissions
            
   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
            
   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
            
   78.     Proposed scheme for Swan Valley, consultation requirements for
            
   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 and local law to be consistent with region 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
            
   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 and application to land in Swan Valley

           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.
            
   139.    Leases and licences that do not need approval under s. 136
            
   140.    Saving of some agreements entered into without approval under s. 136
            
   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  

   148.    Development, conditions as to
            
   150.    Road access, conditions as to
            
   151.    Reconsidering conditions
            
   152.    Certain land to vest in Crown
            
   153.    Payment in lieu of giving land for open space, when permitted
            
   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.    Heritage place, application for development of
            
   164.    Development commenced or carried out, subsequent approval of

           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.    Land for planning scheme, responsible authority may purchase
            
   191.    Land in scheme area, compulsory acquisition of
            
   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.    Land in improvement plan, Commission’s powers to acquire
            
   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

   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.    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 10
            
   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. 214

   PART 15 -- Subsidiary legislation

           Division 1 -- Subsidiary legislation made by Minister  

   256.    Content of local planning schemes, regulations as to
            
   257A.   Model provisions, effect of
            
   257B.   Deemed provisions, effect of
            
   258.    Procedure and costs for local planning schemes, regulations as to
            
   259.    Environmental review expenses, regulations as to
            
   260.    Penalties in regulations

           Division 2 -- Subsidiary legislation made by Governor  

   261.    Local government fees for planning matters etc., regulations as to
            
   262.    Uniform general local laws
            
   263.    Regulations as to other matters

           Division 3 -- 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
            
   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
           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  
           Compilation table


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback