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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Heritage (Consequential Provisions) Bill 2000
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
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 -- Planning Appeals Act 2000
13 . The Act amended 7
page i
19--1
Heritage (Consequential Provisions) Bill 2000
Contents
14 . Section 3 amended 7
15 . Section 4 amended 7
16 . Section 15 amended 7
17 . Section 18 amended 7
18 . Section 25 amended 7
19 . Section 32 replaced 8
20 . Section 33 replaced 9
21 . Section 34 replaced 10
22 . Section 35 repealed 10
23 . Section 36 repealed 10
24 . Section 37 amended 10
25 . Schedule 1 amended 11
Part 7 -- Public Sector Management Act
1994
26 . Schedule 2 amended 12
Part 8 -- Strata Titles Act 1985
27 . Section 25 amended 13
Part 9 -- Swan Valley Planning Act 1995
28 . Section 3 amended 14
Part 10 -- Town Planning and Development
Act 1928
29 . The Act amended 15
30 . Section 2 amended 15
31 . Section 7 amended 15
32 . Section 7B amended 15
33 . Section 12 amended 16
34 . Section 18C repealed 16
35 . Section 20 amended 16
Part 11 -- Western Australian Planning
Commission Act 1985
36 . The Act amended 17
37 . Section 3 amended 17
38 . Section 18 amended 17
39 . Section 24 amended 17
page ii
Heritage (Consequential Provisions) Bill 2000
Contents
40 . Section 25 amended 17
41 . Section 37A amended 18
42 . Section 37B amended 18
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Heritage (Consequential Provisions) Bill 2000
A Bill for
An Act to amend various Acts as a consequence of the enactment of
the Heritage Act 2000.
The Parliament of Western Australia enacts as follows:
page 1
Heritage (Consequential Provisions) Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Heritage (Consequential
Provisions) Act 2000.
5 2. Commencement
(1) This Act, other than sections 37, 39, 40, 41 and 42, comes into
operation on the day on which the Heritage Act 2000 comes into
operation.
(2) Sections 37, 39, 40, 41 and 42 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 2000
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 2000 ".
[* Reprinted as at 19 May 2000.
For subsequent amendments see 1999 Index to Legislation of
10 Western Australia, Table 1, pp.46-50 and Acts Nos. 2, 20, 24
and 25 of 2000.]
page 3
Heritage (Consequential Provisions) Bill 2000
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 4 August 2000.]
page 4
Heritage (Consequential Provisions) Bill 2000
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 28 July 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp.145-8 and Act No. 24 of 2000.]
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 2000
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 4 February 2000.
For subsequent amendments see Act No. 24 of 2000.]
9. Section 6 amended
Section 6 is amended by deleting the definition of "Heritage
10 Council".
10. Section 32A amended
Section 32A(2) is repealed.
11. Section 35B amended
Section 35B(4) is repealed.
15 12. Section 35C amended
Section 35C(4) is repealed.
page 6
Heritage (Consequential Provisions) Bill 2000
Planning Appeals Act 2000 Part 6
s. 13
Part 6 -- Planning Appeals Act 2000
13. The Act amended
The amendments in this Part are to the Planning Appeals
Act 2000.
5 14. Section 3 amended
Section 3(1) is amended in the definition of "Heritage Council"
by deleting "Heritage of Western Australia Act 1990" and
inserting instead --
" Heritage Act 2000 ".
10 15. Section 4 amended
Section 4(b) is amended by deleting "Heritage of Western
Australia Act 1990" and inserting instead --
" Heritage Act 2000 ".
16. Section 15 amended
15 Section 15(4) is amended by deleting "Heritage of Western
Australia Act 1990" and inserting instead --
" Heritage Act 2000 ".
17. Section 18 amended
Section 18(1)(e) is amended by deleting "Heritage of Western
20 Australia Act 1990" and inserting instead --
" Heritage Act 2000 ".
18. Section 25 amended
Section 25(2)(a) is amended by deleting "Heritage of Western
Australia Act 1990" and inserting instead --
25 " Heritage Act 2000 ".
page 7
Heritage (Consequential Provisions) Bill 2000
Part 6 Planning Appeals Act 2000
s. 19
19. Section 32 replaced
Section 32 is repealed and the following section is inserted
instead --
"
5 32. Minister's request to extend periods of interim
registration under Heritage Act 2000
(1) A request under section 41(1) of the Heritage Act 2000
to extend the time in which a place or precinct remains
entered in the Register on an interim basis is to be dealt
10 with as if it were an appeal --
(a) by the Minister;
(b) with each owner of each place or each owner of
each place comprising the precinct as
respondents; and
15 (c) that the Director has set down for investigation.
(2) When dealing with a matter under subsection (1),
instead of making a determination under section 22, the
Planning Appeal Panel may determine that the time in
which the place or precinct remains entered in the
20 Register on an interim basis be extended --
(a) in the case of a place, up to 2 years after the
place was entered in the Register; and
(b) in the case of a precinct, up to 4 years after the
precinct was entered in the Register.
25 ".
page 8
Heritage (Consequential Provisions) Bill 2000
Planning Appeals Act 2000 Part 6
s. 20
20. Section 33 replaced
Section 33 is repealed and the following section is inserted
instead --
"
5 33. Referrals under Heritage Act 2000 of orders for the
payment of remitted taxes, rates or charges
(1) A referral under section 90(4) of the Heritage Act 2000
is to be dealt with as if it were an appeal --
(a) by the person who is aggrieved by an order set
10 out in a notice under section 90(3)(b)(i) of that
Act; and
(b) that the Director has set down for investigation.
(2) If a person refers a matter in accordance with
section 90(4) of the Heritage Act 2000 the person must,
15 in addition to the requirements of section 5(1)(c), give
the Heritage Council a copy of the notice of appeal and
any submissions made under section 5(1)(b)(ii) within
7 days of lodgment of the notice.
(3) When dealing with a matter under subsection (1),
20 instead of making a determination under section 22, the
Planning Appeal Panel may --
(a) determine on the balance of probabilities
whether a provision of the Heritage Act 2000 or
a heritage agreement has been contravened;
25 (b) determine how liability should be apportioned
where land has ceased to be held or occupied
by the person in whose favour the tax, rate or
charge was remitted; or
(c) determine whether or not the making of the
30 proposed order would be just in the
circumstances.
".
page 9
Heritage (Consequential Provisions) Bill 2000
Part 6 Planning Appeals Act 2000
s. 21
21. Section 34 replaced
Section 34 is repealed and the following section is inserted
instead --
"
5 34. Minister's request to extend protection orders
under the Heritage Act 2000
(1) A request under section 96(1) of the Heritage Act 2000
to extend the time in which a protection order under
that Act has effect is to be dealt with as if it were an
10 appeal --
(a) by the Minister;
(b) with the person who was served with the
protection order as the respondent; and
(c) that the Director has set down for investigation.
15 (2) When dealing with a matter under subsection (1),
instead of making a determination under section 22, the
Planning Appeals Panel may determine that the
protection order continue to have effect --
(a) for a period of time specified by the Panel; or
20 (b) until an event specified by the Panel.
".
22. Section 35 repealed
Section 35 is repealed.
23. Section 36 repealed
25 Section 36 is repealed.
24. Section 37 amended
Section 37 is amended by deleting "36" and inserting instead --
" 34 ".
page 10
Heritage (Consequential Provisions) Bill 2000
Planning Appeals Act 2000 Part 6
s. 25
25. Schedule 1 amended
Schedule 1 is amended by deleting "Heritage of Western
Australia Act 1990" and inserting instead --
" Heritage Act 2000 ".
page 11
Heritage (Consequential Provisions) Bill 2000
Part 7 Public Sector Management Act 1994
s. 26
Part 7 -- Public Sector Management Act 1994
26. Schedule 2 amended
Schedule 2 to the Public Sector Management Act 1994* is
amended before item 19A by inserting the following item --
5 " 19AA. Heritage Council of Western Australia ".
[* Reprinted as at 9 June 2000.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp.203-4 and Acts Nos. 24 and
25 of 2000 and Gazette 11 February, 9 May, 11 August and
10 15 September 2000.]
page 12
Heritage (Consequential Provisions) Bill 2000
Strata Titles Act 1985 Part 8
s. 27
Part 8 -- Strata Titles Act 1985
27. 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 1 July 1999.
For subsequent amendments see Act No. 24 of 2000.]
page 13
Heritage (Consequential Provisions) Bill 2000
Part 9 Swan Valley Planning Act 1995
s. 28
Part 9 -- Swan Valley Planning Act 1995
28. 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 1999 Index to Legislation of
15 Western Australia, Table 1, p.247.]
page 14
Heritage (Consequential Provisions) Bill 2000
Town Planning and Development Act 1928 Part 10
s. 29
Part 10 -- Town Planning and Development Act 1928
29. The Act amended
The amendments in this Part are to the Town Planning and
Development Act 1928*.
5 [* Reprinted as at 19 March 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp.252-4 and Act No. 24 of 2000.]
30. Section 2 amended
(1) Section 2(1) is amended in the definition of "development" by
10 deleting all the words after "works".
(2) Section 2(1) is amended by deleting the definition of "Heritage
Council".
31. Section 7 amended
(1) Section 7(6) is amended by deleting "or on any list maintained
15 under section 46 or section 45 of the Heritage of Western
Australia Act 1990" and inserting instead --
" as defined in the Heritage Act 2000 ".
(2) Section 7(6) is amended by inserting after "Council" the
following --
20 " of Western Australia ".
32. 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.
25 (3) Section 7B(5)(a)(iv) is deleted.
page 15
Heritage (Consequential Provisions) Bill 2000
Part 10 Town Planning and Development Act 1928
s. 33
(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".
(5) Section 7B(6)(d) is amended by deleting ", or, in the case of
5 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
notification and the local government has failed to make its
decision known,".
10 33. Section 12 amended
Section 12(2) is amended by deleting "land to which the
Heritage of Western Australia Act 1990 applies" and inserting
instead --
"
15 registered place or registered precinct as defined in the
Heritage Act 2000
".
34. Section 18C repealed
Section 18C is repealed.
20 35. Section 20 amended
Section 20(4) is repealed.
page 16
Heritage (Consequential Provisions) Bill 2000
Western Australian Planning Commission Act 1985 Part 11
s. 36
Part 11 -- Western Australian Planning Commission
Act 1985
36. The Act amended
The amendments in this Part are to the Western Australian
5 Planning Commission Act 1985*.
[* Reprinted as at 19 February 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 274.]
37. Section 3 amended
10 Section 3 is amended by deleting the definition of "Heritage
Council".
38. Section 18 amended
Section 18(1b)(a) is deleted.
39. Section 24 amended
15 Section 24(1)(d) is deleted.
40. 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
against that deemed refusal under Part V of the Town
Planning and Development Act 1928.
".
page 17
Heritage (Consequential Provisions) Bill 2000
Part 11 Western Australian Planning Commission Act 1985
s. 41
(2) After section 25(3)(a) "or" is inserted.
(3) After section 25(3)(b) "; or" is deleted and a full stop is inserted
instead.
(4) Section 25(3)(c) is deleted.
5 41. Section 37A amended
Section 37A(3) is repealed.
42. Section 37B amended
Section 37B(4) is repealed.
page 18
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