Western Australian Current Regulations

PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   3A.     Excluded holiday period days not counted in time periods  
   4.      Authorised persons  
   5.      Provision of documents to the Commission  
   6.      Scheme in respect of Crown land  
   7.      Scheme by order of Minister

   PART 2 -- Elements of local planning schemes  

   8.      Contents of local planning scheme  
   9.      Defining area of local planning scheme  
   10.     Local planning scheme text  
   10A.    Review of Schedule 2 Part 10B

   PART 3 -- Local planning strategies  

   11.     Requirement for local planning strategy for local planning scheme  
   12.     Certification of draft local planning strategy  
   13.     Advertising and notifying local planning strategy  
   14.     Consideration of submissions  
   15.     Endorsement by Commission  
   16.     Publication of endorsed local planning strategy  
   17.     Amendment to local planning strategy  
   18.     Revocation of local planning strategy

   PART 4 -- Preparation or adoption of local planning scheme

           Division 1 -- Proposal to prepare or adopt local planning scheme  

   19.     Resolution to prepare or adopt scheme  
   20.     Notification of resolution

           Division 2 -- Process for advertisement and submission of local planning scheme  

   21.     Resolution to seek approval to advertise local planning scheme and provision of scheme to Commission  
   21A.    Submission of local planning scheme for advertising approval  
   21B.    Modifications to local planning scheme submitted for approval to advertise  
   22.     Advertisement of local planning scheme  
   23.     Land owner may be required to pay costs of publication  
   24.     Submissions on local planning scheme  
   25.     Consideration of submissions  
   26.     Local government may advertise proposed modifications to local planning scheme  
   27.     Incorporation of environmental conditions  
   28.     Provision of local planning scheme and documents to Commission  
   29.     Commission to submit local planning scheme and documents to Minister  
   30.     Minister or authorised person may direct modifications to local planning scheme be advertised

           Division 3 -- Giving effect to decision on local planning scheme  

   31.     Decision by Minister to refuse to approve local planning scheme  
   32.     Decision by Minister to require modification of local planning scheme  
   32A.    Decision by Minister to approve local planning scheme  
   32B.    Certified copy of local planning scheme  
   33.     Advertisement of approved local planning scheme

   PART 5 -- Amending local planning scheme

           Division 1 -- Preliminary  

   34.     Terms used  
   35.     Resolution to prepare or adopt amendment to local planning scheme  
   35A.    Amendment to local planning scheme affecting area to which structure plan relates  
   36.     Landowner may request Commission’s advice on type of amendment

           Division 2 -- Process for complex amendments to local planning scheme  

   37.     Resolution to seek approval to advertise complex amendment and provision of amendment to Commission  
   37A.    Submission of complex amendment for advertising approval with recommendation  
   37B.    Modifications to complex amendment submitted for approval to advertise  
   38.     Advertisement of complex amendment  
   39.     Land owner may be required to pay costs of publication  
   40.     Submissions on complex amendment  
   41.     Consideration of submissions on complex amendments  
   42.     Local government may advertise proposed modifications to complex amendment  
   43.     Incorporation of environmental conditions  
   44.     Provision of complex amendment and documents to Commission  
   45.     Commission to submit complex amendment and documents to Minister  
   46.     Minister or authorised person may direct modifications to complex amendment be advertised

           Division 3 -- Process for standard amendments to local planning scheme  

   46A.    Resolution to seek approval to advertise standard amendment and provision of amendment to Commission  
   46B.    Submission of standard amendment for advertising approval  
   46C.    Modifications to standard amendment submitted for approval to advertise  
   47.     Advertisement of standard amendment  
   48.     Land owner may be required to pay costs of publication  
   49.     Submissions on standard amendment  
   50.     Consideration of submissions on standard amendments  
   51.     Local government may advertise proposed modifications to standard amendment  
   52.     Incorporation of environmental conditions  
   53.     Provision of standard amendment and documents to Commission  
   55.     Commission to submit standard amendment and documents to Minister  
   56.     Minister or authorised person may direct modifications to standard amendment be advertised

           Division 4 -- Process for basic amendments to local planning scheme  

   57.     Basic amendment not required to be advertised  
   58.     Basic amendment to be provided to Commission  
   59.     Commission may direct amendment be treated as complex or standard amendment  
   60.     Commission to submit basic amendment to Minister  
   61.     Minister or authorised person may direct basic amendment be advertised

           Division 5 -- Giving effect to decision on amendment to local planning scheme  

   62.     Decision by Minister to refuse to approve amendment to local planning scheme  
   63.     Decision by Minister to require modification of amendment to local planning scheme  
   63A.    Decision by Minister to approve amendment to local planning scheme  
   63B.    Certified copy of amendment to local planning scheme  
   64.     Advertisement of approved amendment to local planning scheme

   PART 6 -- Review and consolidation of local planning schemes

           Division 1 -- Review of local planning scheme  

   65.     Review of local planning scheme  
   66.     Report of review  
   67.     Decision of Commission

           Division 2 -- Consolidation of local planning schemes  

   68.     Consolidation of local planning schemes  
   69.     Amendment of local planning scheme arising from consolidation

   PART 7 -- Development contribution plans  

   70.     Development contribution area  
   71.     Development contribution plan  
   72.     Development contribution area and plans are complex amendments  
   73.     Effect of development contribution plan

   PART 8 -- Miscellaneous  

   74.     Expenses of environmental review  
   75.     Compensation  
   76.     Transitional arrangements for replacement local planning schemes  
   76A.    Requirements for making documents available to public  
   76B.    Commission may approve varied requirements for publication of documents

   PART 9 -- Repeal and transitional provisions

           Division 1 -- Transitional provisions for Planning and Development (Local Planning Schemes) Regulations 2015  

   77.     Terms used  
   78.     Town Planning Regulations 1967 repealed  
   79.     Planning instruments continued  
   80.     Planning instruments in course of preparation  
   81.     Development applications

           Division 2 -- Transitional provisions for Planning Regulations Amendment Regulations 2020  
           82. Advertising processes in progress on commencement day

           Division 3 -- Transitional provisions for Planning and Development (Local Planning Schemes) Amendment Regulations 2024  

   83.     Term used: former Act  
   84.     Provision of local planning scheme that applies State planning policy of no effect
           SCHEDULE 1 -- Model provisions for local planning schemes
           SCHEDULE 2 -- Deemed provisions for local planning schemes
           SCHEDULE 3 -- Legends used in Scheme