Western Australian Current Acts Western Australian Current Acts (1) In this Part
—
applicable legal instrument , in relation to a
development application, means a legal instrument under which the application
could, apart from this Part, be determined;
development , in relation to a development
application that is an application for approval under the
Swan and Canning Rivers Management Act 2006 section 72(1) or (4) or to a
determination of such an application, has the meaning given in section 3(1) of
that Act;
development application —
(a)
means a development application as defined in section 4(1); and
(b)
includes (to avoid doubt) a development application as defined in section 4(1)
that is to be determined, or could be determined, by a Development Assessment
Panel; and
(c)
includes an application under Part 7 for approval of development in a planning
control area; and
(d)
includes an application for approval under the Swan and Canning Rivers
Management Act 2006 section 72(1) or (4);
extended recovery period means the period that
—
(a)
begins when the Planning and Development Amendment Act 2022 section 4 comes
into operation; and
(b) ends
immediately before 5 pm on 29 December 2023;
legal instrument means any of the following
—
(a) this
Act, other than this Part, Part 11C, any Part 17 regulations and any orders
under section 284;
(b) any
of the following enactments —
(i)
the Contaminated Sites Act 2003 ;
(ii)
the Heritage Act 2018 ;
(iii)
the Swan and Canning Rivers Management Act 2006 ;
(iv)
the Swan Valley Planning Act 2020 ;
(v)
the Local Government Act 1995 ;
(c) any
enactment, other than the following —
(i)
this Act;
(ii)
an enactment covered by paragraph (b);
(iii)
the EP Act;
(d) a
planning scheme or an interim development order;
(e) any
other scheme, code, policy, plan, local law, by-law, rule, condition, notice
or other instrument made under any enactment covered by paragraph (a), (b) or
(c);
mining has the meaning given in the Mining Act
1978 section 8(1);
normal decision-maker , in relation to a
development application, means a person or body who could, apart from this
Part, determine the application under an applicable legal instrument;
Part 17 regulations means regulations under
section 286(1);
recovery period means the period of 18 months
beginning on the day on which the Planning and Development Amendment Act 2020
section 4 comes into operation;
significant development , subject to subsections
(2) and (3), means —
(a)
development that has an estimated cost of —
(i)
in the case of a development that is wholly or partly in
the metropolitan region — $20 million or more;
or
(ii)
in any other case — $5 million or more;
or
(b)
development that is of a class or kind prescribed by Part 17 regulations for
the purposes of this paragraph;
substantially commenced , subject to subsection
(4), has the meaning given in the
Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2
clause 1 as in force at the beginning of the recovery period;
warehouse means a building or outdoor facility, or
a part of a building or outdoor facility, used for 1 or both of the following
—
(a) the
storage of goods, equipment, plant or materials;
(b) the
display or sale by wholesale of goods.
(2) Development that
is of a class or kind prescribed by Part 17 regulations for the purposes of
this subsection —
(a) is
not to be regarded as significant development or as being part of any
significant development; and
(b) is
not to be taken into account in determining whether any larger development of
which the development forms part is significant development.
(3) Development of a
warehouse —
(a) is
not to be regarded as significant development or as being part of any
significant development; and
(b) is
not to be taken into account in determining whether any larger development of
which the development forms part is significant development.
(4) For the purposes
of the definition of substantially commenced in subsection (1), the definition
of that term in the
Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2
clause 1 applies as if the reference to a development approved under a
planning scheme or under an interim development order were a reference to a
development approved by the Commission under section 274.
[Section 269 inserted: No. 26 of 2020 s. 4;
amended: No. 45 of 2020 s. 93; No. 17 of 2022 s. 4; No. 34 of 2023 s. 13.]