Western Australian Current Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 153

153 .         Setting aside land for open space or payment in lieu

        (1)         The Commission may under section 143(1)(c) impose either of the following conditions on the approval of a plan of subdivision of land —

            (a)         a requirement that a specified portion of the land be set aside and vested in the Crown for parks, recreation grounds or open spaces generally;

            (b)         a requirement that the owner of the land make a payment to the local government in whose district the land is situated of a sum that represents the value of a specified portion of the land in lieu of a requirement to set aside and vest in the Crown that portion of the land for parks, recreation grounds or open spaces generally.

        (2)         The Commission must not impose a requirement referred to in subsection (1)(b) unless the local government in whose district the land is situated has been consulted.

        (3)         The Commission must not impose a requirement referred to in subsection (1)(b) in respect of a plan of subdivision that creates fewer than 3 lots.

        (4)         If the Commission has imposed a condition referred to in subsection (1)(a) on an approval of a plan of subdivision, the Commission may, with the agreement of the local government in whose district the land is situated, consent to the owner of the land making a payment to the local government of a sum that represents the value of a portion of the land in lieu of setting aside that portion.

        (5)         This section does not limit any other condition that the Commission may impose under section 143(1)(c).

        [Section 153 inserted: No. 26 of 2020 s. 85.]