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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Heritage (Consequential Provisions)
Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Constitution Acts Amendment Act 1899
3. Schedule V amended 3
Part 3 -- Government Employees
Superannuation Act 1987
4. Schedule 1 amended 4
Part 4 -- Local Government (Miscellaneous
Provisions) Act 1960
5. The Act amended 5
6. Section 374 amended 5
7. Section 374A amended 5
page i
94--1
Heritage (Consequential Provisions) Bill 1999
Contents
Part 5 -- Metropolitan Region Town Planning
Scheme Act 1959
8. The Act amended 6
9. Section 6 amended 6
10 . Section 32A amended 6
11 . Section 35B amended 6
12 . Section 35C amended 6
Part 6 -- Strata Titles Act 1985
13 . Section 25 amended 7
Part 7 -- Swan Valley Planning Act 1995
14 . Section 3 amended 8
Part 8 -- Town Planning and Development
Act 1928
15 . The Act amended 9
16 . Section 2 amended 9
17 . Section 7 amended 9
18 . Section 7B amended 9
19 . Section 12 amended 10
20 . Section 18C repealed 10
21 . Section 20 amended 10
Part 9 -- Western Australian Planning
Commission Act 1985
22 . The Act amended 11
23 . Section 3 amended 11
24 . Section 18 amended 11
25 . Section 24 amended 11
page ii
Heritage (Consequential Provisions) Bill 1999
Contents
26 . Section 25 amended 11
27 . Section 37A amended 12
28 . Section 37B amended 12
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Heritage (Consequential Provisions)
Bill 1999
A Bill for
An Act to amend various Acts as a consequence of the enactment of
the Heritage Act 1999.
The Parliament of Western Australia enacts as follows:
page 1
Heritage (Consequential Provisions) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Heritage (Consequential
Provisions) Act 1999.
5 2. Commencement
(1) This Act, other than sections 23, 25, 26, 27 and 28, comes into
operation on the day on which the Heritage Act 1999 comes into
operation.
(2) Sections 23, 25, 26, 27 and 28 come into operation --
10 (a) on the day on which Part 3 of the Planning Legislation
Amendment Act 1999 comes into operation; or
(b) if on that day the other provisions of this Act have not
yet come into operation, on the day when they come into
operation.
page 2
Heritage (Consequential Provisions) Bill 1999
Constitution Acts Amendment Act 1899 Part 2
s. 3
Part 2 -- Constitution Acts Amendment Act 1899
3. Schedule V amended
Schedule V to the Constitution Acts Amendment Act 1899* is
amended in Part 3 in the item that begins "The Heritage Council
5 of Western Australia" by deleting " under the Heritage of
Western Australia Act 1990" and inserting instead --
" by the Heritage Act 1999 ".
[* Reprinted as at 22 January 1997.
For subsequent amendments see 1998 Index to Legislation of
10 Western Australia, Table 1, p. 53.]
page 3
Heritage (Consequential Provisions) Bill 1999
Part 3 Government Employees Superannuation Act 1987
s. 4
Part 3 -- Government Employees Superannuation
Act 1987
4. Schedule 1 amended
Schedule 1 to the Government Employees Superannuation
5 Act 1987* is amended in Part B by inserting in the appropriate
alphabetical position --
" Heritage Council of Western Australia ".
[* Reprinted as at 22 January 1999.]
page 4
Heritage (Consequential Provisions) Bill 1999
Local Government (Miscellaneous Provisions) Act 1960 Part 4
s. 5
Part 4 -- Local Government (Miscellaneous Provisions)
Act 1960
5. The Act amended
The amendments in this Part are to the Local Government
5 (Miscellaneous Provisions) Act 1960*.
[* Reprinted as at 18 September 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 151-2.]
6. Section 374 amended
10 Section 374(6) is repealed.
7. Section 374A amended
(1) Section 374A(2A) is repealed.
(2) Section 374A(3) is amended by deleting "Except where the
condition was by reason of the operation of section 78(4) of the
15 Heritage of Western Australia Act 1990 imposed so as to be
consistent with conditions imposed under that Act in relation to
a related or similar matter that affects all or part of the same
land, any" and inserting instead --
" Any ".
page 5
Heritage (Consequential Provisions) Bill 1999
Part 5 Metropolitan Region Town Planning Scheme Act 1959
s. 8
Part 5 -- Metropolitan Region Town Planning Scheme
Act 1959
8. The Act amended
The amendments in this Part are to the Metropolitan Region
5 Town Planning Scheme Act 1959*.
[* Reprinted as at 17 March 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 161.]
9. Section 6 amended
10 Section 6 is amended by deleting the definition of "Heritage
Council".
10. Section 32A amended
Section 32A(2) is repealed.
11. Section 35B amended
15 Section 35B(4) is repealed.
12. Section 35C amended
Section 35C(4) is repealed.
page 6
Heritage (Consequential Provisions) Bill 1999
Strata Titles Act 1985 Part 6
s. 13
Part 6 -- Strata Titles Act 1985
13. Section 25 amended
(1) The amendments in this Part are to the Strata Titles Act 1985*.
(2) Section 25(7) is repealed.
5 (3) Section 25(8) is repealed.
[* Reprinted as at 20 January 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 242.]
page 7
Heritage (Consequential Provisions) Bill 1999
Part 7 Swan Valley Planning Act 1995
s. 14
Part 7 -- Swan Valley Planning Act 1995
14. Section 3 amended
Section 3 of the Swan Valley Planning Act 1995* is amended by
deleting the definition of "development" and inserting instead
5 the following definition --
"
"development" means the development or use of any
land, including any demolition, erection,
construction, alteration of or addition to any
10 building or structure on the land and the carrying
out on the land of any excavation or other works;
".
[* Act No. 31 of 1995 .
For subsequent amendments see Act No. 14 of 1996.]
page 8
Heritage (Consequential Provisions) Bill 1999
Town Planning and Development Act 1928 Part 8
s. 15
Part 8 -- Town Planning and Development Act 1928
15. The Act amended
The amendments in this Part are to the Town Planning and
Development Act 1928*.
5 [* Reprinted as at 19 March 1999.]
16. Section 2 amended
(1) Section 2(1) is amended in the definition of "development" by
deleting all the words after "works".
(2) Section 2(1) is amended by deleting the definition of "Heritage
10 Council".
17. Section 7 amended
Section 7(6) is amended by deleting "or on any list maintained
under section 46 or section 45 of the Heritage of Western
Australia Act 1990" and inserting instead --
15 " as defined in the Heritage Act 1999 ".
18. Section 7B amended
(1) After section 7B(5)(a)(ii) the following is inserted --
" or ".
(2) After section 7B(5)(a)(iii) "or" is deleted.
20 (3) Section 7B(5)(a)(iv) is deleted.
(4) Section 7B(6)(c) is amended by deleting "or of any Order made
under Part 6, or Order in Council made under section 80, of the
Heritage of Western Australia Act 1990".
page 9
Heritage (Consequential Provisions) Bill 1999
Part 8 Town Planning and Development Act 1928
s. 19
(5) Section 7B(6)(d) is amended by deleting ", or, in the case of
land in relation to which the local government has referred the
application to the Heritage Council and has so notified the
applicant, where a period of 60 days has elapsed since that
5 notification and the local government has failed to make its
decision known,".
19. Section 12 amended
Section 12(2) is amended by deleting "land to which the
Heritage of Western Australia Act 1990 applies " and inserting
10 instead --
" registered place or State heritage area as defined in the
Heritage Act 1999 ".
20. Section 18C repealed
Section 18C is repealed.
15 21. Section 20 amended
Section 20(4) is repealed.
page 10
Heritage (Consequential Provisions) Bill 1999
Western Australian Planning Commission Act 1985 Part 9
s. 22
Part 9 -- Western Australian Planning Commission
Act 1985
22. The Act amended
The amendments in this Part are to the Western Australian
5 Planning Commission Act 1985*.
[* Act No. 91 of 1985.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 272.]
23. Section 3 amended
10 Section 3 is amended by deleting the definition of "Heritage
Council".
24. Section 18 amended
Section 18(1b)(a) is deleted.
25. Section 24 amended
15 Section 24(1)(d) is deleted.
26. Section 25 amended
(1) Section 25(2) is repealed and the following subsection is
inserted instead --
"
20 (2) Subject to subsection (3), if the Commission does not
grant or refuse permission within a period of 60 days
after the receipt by the Commission of an application to
carry out any development referred to in this Part the
Commission shall on the expiry of that period be
25 deemed to have refused that application and the
applicant may within 60 days after that expiry appeal
page 11
Heritage (Consequential Provisions) Bill 1999
Part 9 Western Australian Planning Commission Act 1985
s. 27
against that deemed refusal under Part V of the Town
Planning and Development Act 1928.
".
(2) After section 25(3)(a) "or" is inserted.
5 (3) After section 25(3)(b) "; or" is deleted and a full stop is inserted
instead.
(4) Section 25(3)(c) is deleted.
27. Section 37A amended
Section 37A(3) is repealed.
10 28. Section 37B amended
Section 37B(4) is repealed.
page 12
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