Western Australian Current Acts Western Australian Current Acts[s. 19]
1 . Committees, general provisions as to
(1) In addition to the
committees established under clauses 3 to 9 and the
Swan Valley Planning Act 2020 section 33, the Commission may from time to time
establish other committees.
(2) Subject to this
Schedule and the Swan Valley Planning Act 2020 , the Commission may —
(a)
prescribe the constitution of a committee;
(b)
authorise a committee to establish a subcommittee;
(c)
appoint —
(i)
members; or
(ii)
members and other persons; or
(iii)
persons other than members,
to be members or
deputy members of a committee;
(d)
discharge, alter or reconstitute a committee.
(3) The office of a
member who —
(a) is
appointed to a committee by the Commission to represent the interests of local
government; and
(b) at
the time of appointment holds office on the council of a local government,
becomes vacant if the
member ceases to hold office on the council of the local government.
(4) Despite subclause
(3), a member referred to in that subclause may continue in office until
—
(a) a
person is appointed to fill the vacancy; or
(b) a
period of 3 months elapses after the vacancy arises,
whichever is the
sooner.
(5) The Commission may
give directions to a committee with respect to the performance of its
functions, either generally or with respect to a particular matter, and the
committee is to give effect to those directions.
(6) Subject to the
directions of the Commission and to the terms of any delegation under
section 16 or the Swan Valley Planning Act 2020 section 34, a committee may
determine its own procedures.
[Clause 1 amended: No. 45 of 2020 s. 94.]
2 . Deputy members for local government
representatives
(1) The Commission,
with the approval of the Minister, may appoint a person to be a deputy of a
member of a committee appointed under clause 4(2)(f), 5(2)(f), 6(2)(j),
7(2)(h) or (i) or 8(2)(d) or under the Swan Valley Planning Act 2020
section 33(2)(c).
(2) If a member of a
committee referred to in subclause (1) is unable to act because of sickness,
absence or other cause, the deputy of the member may act in the place of that
member, and while so acting that deputy member is to be taken to be a member
of that committee.
(3) An act or omission
of a deputy member cannot be questioned on the ground that the occasion for
the deputy member’s acting had not arisen or had ceased.
(4) The Commission may
revoke the appointment of a deputy member.
[Clause 2 amended: No. 45 of 2020 s. 95.]
3 . Executive, Finance and Property Committee
(1) The Commission is
to establish a committee to be known as the Executive, Finance and Property
Committee.
(2) The Executive,
Finance and Property Committee is to consist of —
(a) the
chairperson, or a person nominated by that person and approved by the
Minister; and
(b) the
chief executive officer, or a person nominated by that person and approved by
the Minister; and
(c) one
other member of the board appointed by the Commission; and
(d) such
other person or persons as the Commission, after obtaining the approval of the
Minister, appoints from time to time.
(3) The Executive,
Finance and Property Committee is to perform such of the administrative,
financial and property functions of the Commission under this Act or any other
written law as are delegated to the Executive, Finance and Property Committee
under section 16 and such other functions as are delegated to it under that
section.
4 . Statutory Planning Committee
(1) The Commission is
to establish a committee to be known as the Statutory Planning Committee.
(2) Subject to
subclause (5), the Statutory Planning Committee is to consist of —
(a) the
chairperson, or a person nominated by that person and approved by the
Minister; and
(b) the
chief executive officer, or a person nominated by that person and approved by
the Minister; and
(c) the
member of the board referred to in section 10(1)(c)(viii) or a deputy
appointed under subclause (3); and
(d) a
person approved by the Minister and appointed by the Commission as having
practical knowledge of and experience in community affairs; and
(e) a
person approved by the Minister and appointed by the Commission as having
practical knowledge of and experience in one or more of the fields of urban
and regional planning, commerce and industry, engineering, surveying,
valuation, transport, housing, heritage, environmental conservation, natural
resource management, urban design, the planning and provision of community
services or infrastructure; and
(f) a
person approved by the Minister and appointed by the Commission to represent
the interests of local governments; and
(g) such
other person or persons as the Commission, after obtaining the approval of the
Minister, appoints from time to time.
(3) The Commission,
for the purpose of subclause (2)(c), is to appoint a person nominated by the
Regional Minister and approved by the Minister to be the deputy of the member
referred to in section 10(1)(c)(viii).
(4) The Statutory
Planning Committee is to perform such of the functions of the Commission under
this Act and Part 3 of the Strata Titles Act 1985 as are delegated to the
Statutory Planning Committee under section 16 and such other functions as are
delegated to it under that section.
(5) Should the
Commission delegate to the Statutory Planning Committee under section 16 not
only the functions of the Commission under this Act in relation to planning
schemes referred to in sections 33(2) and 34 and Part 3 of the
Strata Titles Act 1985 but also the functions of the Commission in relation to
the Metropolitan Region Scheme, the Statutory Planning Committee may perform
those latter functions only if the Statutory Planning Committee consists not
merely of the persons referred to in subclause (2) but also of —
(a) a
member of the council of the City of Perth who is nominated for appointment as
a member of the Statutory Planning Committee by that council and approved by
the Minister; and
(b) 5
persons, each of whom is the chairperson of a district planning committee
(other than the District Planning Committee for the City of Perth), or persons
nominated by those persons and approved by the Minister.
[Clause 4 amended: No. 30 of 2018 s. 170.]
5 . Sustainable Transport Committee
(1) The Commission is
to establish a committee to be known as the Sustainable Transport Committee.
(2) The Sustainable
Transport Committee is to consist of —
(a) the
chairperson, or a person nominated by that person and approved by the
Minister; and
(b) the
chief executive officer, or a person nominated by that person and approved by
the Minister; and
(c) the
member of the board referred to in section 10(1)(c)(viii) or a deputy
appointed under subclause (3); and
(d) the
member of the board referred to in section 10(1)(c)(iii), or a person
nominated by that person and approved by the Minister; and
(e) the
Commissioner as defined in the Main Roads Act 1930 , or a person nominated by
that person and approved by the Minister; and
(f) a
person approved by the Minister and appointed by the Commission to represent
the interests of local governments; and
(g) such
other person or persons as the Commission, after obtaining the approval of the
Minister, appoints from time to time.
(3) The Commission for
the purposes of subclause (2)(c), is to appoint a person nominated by the
Regional Minister and approved by the Minister to be the deputy of the member
referred to in section 10(1)(c)(viii).
(4) The Sustainable
Transport Committee is to advise the Commission on all matters relating to
transport planning throughout the State and to perform such of the functions
of the Commission under this Act or any other written law as are delegated to
the Sustainable Transport Committee under section 16.
[ 6. Deleted by No. 13 of 2019 s. 76(2).]
7 . Coastal Planning and Coordination Council
(1) The Commission is
to establish a committee to be known as the Coastal Planning and Coordination
Council.
(2) The Coastal
Planning and Coordination Council is to consist of —
(a) a
presiding member who is to be the member of the board referred to in
section 10(1)(b)(iii); and
(b) the
chief executive officer, or a person nominated by that person and approved by
the Minister; and
(c) the
member of the board referred to in section 10(1)(c)(iv), or a person nominated
by that member and approved by the Minister; and
(d) the
chief executive officer of the department principally assisting in the
administration of the Conservation and Land Management Act 1984 , or a person
nominated by that person and approved by the Minister; and
(e) the
chief executive officer of the department principally assisting in the
administration of the Fish Resources Management Act 1994 , or a person
nominated by that person and approved by the Minister; and
(f) the
chief executive officer of the department principally assisting in the
administration of the Mining Act 1978 , or a person nominated by that person
and approved by the Minister; and
(g) the
chief executive officer of the Western Australian Tourism Commission
established by the Western Australian Tourism Commission Act 1983 , or a
person nominated by that person and approved by the Minister; and
(h) a
person approved by the Minister and appointed by the Commission to represent
the interests of local governments within the metropolitan region; and
(i)
a person approved by the Minister and appointed by the
Commission to represent the interests of local governments outside the
metropolitan region; and
(j) at
least 2 persons approved by the Minister and appointed by the Commission as
having practical knowledge of and experience in one or more of the fields of
urban and regional planning, property development, engineering, heritage,
community affairs, environmental conservation, indigenous affairs, natural
resources management, tourism, coastal planning, urban design, commerce and
industry or the provision of coastal infrastructure; and
(k) such
other person or persons as the Commission, after obtaining the approval of the
Minister, appoints from time to time.
(3) The Coastal
Planning and Coordination Council is to advise the Commission on matters
relating to coastal planning and coordination throughout the State and to
perform such of the functions of the Commission under this Act or any other
written law as are delegated to the Coastal Planning and Coordination Council
under section 16.
[Clause 7 amended: No. 8 of 2009 s. 100(6).]
8 . Regional planning committees
(1) The Commission may
establish a regional planning committee for the whole or any part of a region
referred to in Schedule 4 if the Commission is satisfied that the need for the
regional planning committee exists.
(2) A regional
planning committee is to consist of —
(a) the
chairperson, or a person nominated by that person and approved by the
Minister; and
(b) the
chief executive officer, or a person nominated by that person and approved by
the Minister; and
(c) a
person approved by the Minister and appointed by the Commission as having
practical knowledge of and experience in community affairs; and
(d) not
less than 2 persons approved by the Minister and appointed by the Commission
from a list of the names of persons representing the interests of the local
governments within the whole or part of the regions for which the regional
planning committee is established submitted to the Commission by WALGA; and
(e) a
person nominated by the Regional Minister, approved by the Minister and
appointed by the Commission to represent the interests of the commission or
commissions as defined in the Regional Development Commissions Act 1993
within the whole or part of the region for which the regional planning
committee is established; and
(f) a
person approved by the Minister and appointed by the Commission as having
practical knowledge of and experience in one or more of the fields of urban
and regional planning, commerce and industry, engineering, surveying,
valuation, transport, housing, heritage, environmental conservation, natural
resource management, urban design, the planning and provision of community
services or infrastructure, or community affairs; and
(g) such
other person or persons as the Commission, after obtaining the approval of the
Minister, appoints from time to time.
(3) When the
submission of a list of names is required for the purposes of subclause
(2)(d), that submission is to be made to the Commission in writing signed on
behalf of WALGA within such reasonable time after the receipt by WALGA of a
notice from the Commission stating that submission is required as is specified
in the notice.
(4) If a submission is
not made under subclause (3) within the time specified under that subclause,
the Commission may appoint such persons as it thinks fit to be members of the
regional planning committee in place of the persons provided for in subclause
(2)(d).
(5) A regional
planning committee is to —
(a)
advise the Commission on planning for the region, or part of the region, for
which the regional planning committee is established; and
(b) make
recommendations to the Commission on the need for, and the extent and content
of, region planning schemes; and
(c)
perform such of the functions of the Commission under this Act, the
Strata Titles Act 1985 and any other written law as are delegated to the
committee under section 16.
9 . District planning committees
(1) The —
(a) City
of Perth; and
(b)
groups of local governments referred to in Schedule 5,
are each to establish
a district planning committee.
(2) A district
planning committee —
(a) in
the case of the City of Perth, is to consist of the City of Perth Planning
Committee for the time being; and
(b) in
the case of a district planning committee established by a group of local
governments, is to consist of one member appointed by each of the local
governments in the group to represent that local government.
(3) A member appointed
under subclause (2)(b) is to be the mayor or a councillor or member, as the
case requires, of the local government.
(4) If a local
government does not appoint a member under subclause (2)(b), the Governor may
appoint a person qualified under subclause (3) to be the member representing
the local government.
(5) A district
planning committee —
(a) is
to assist and advise the Commission; and
(b) may,
and at the direction of the Commission is to, make inquiries into and report
and formulate recommendations in relation to the Metropolitan Region Scheme so
far as it relates to the area or part of the area comprising the district
which the district planning committee represents; and
(c)
perform such of the functions of the Commission under this Act and any other
written law as are delegated to the committee under section 16.
(6) A district
planning committee —
(a) is
to present its reports and recommendations to the Commission; and
(b) if
directed under subclause (5)(b), is to present the report and recommendations
within the time stipulated in the direction or such extended time as the
Minister may authorise.