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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Planning Appeals (Transitional and
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 -- East Perth Redevelopment Act 1991
4. The Act amended 4
5. Section 45 replaced 4
6. Section 47 amended 4
Part 4 -- Government Employees
Superannuation Act 1987
7. Schedule 1 amended 5
Part 5 -- Metropolitan Region Town
Planning Scheme Act 1959
8. The Act amended 6
9. Section 33A amended 6
10 . Section 35F amended 6
11 . Section 43 amended 7
page i
103--1
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Contents
Part 6 -- Strata Titles Act 1985
12 . The Act amended 8
13 . Section 3 amended 8
14 . Section 25B amended 8
15 . Section 26 amended 9
16 . Section 27 amended 10
Part 7 -- Subiaco Redevelopment Act 1994
17 . The Act amended 12
18 . Section 52 replaced 12
19 . Section 54 amended 12
Part 8 -- Town Planning and Development
Act 1928
20 . The Act amended 13
21 . Section 7 amended 13
22 . Section 7B amended 13
23 . Section 8A amended 14
24 . Section 8B amended 14
25 . Section 10 amended 14
26 . Section 18 amended 15
27 . Section 18B amended 15
28 . Section 18D inserted 16
29 . Section 26 amended 16
30 . Part V repealed 16
31 . Schedule 1 amended 16
Part 9 -- Western Australian Planning
Commission Act 1985
32 . The Act amended 17
33 . Sections 25 and 37E amended 17
34 . Section 37J amended 17
Part 10 -- Transitional
35 . Current proceedings 19
36 . References to Tribunal or Committee 19
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Planning Appeals (Transitional and
Consequential Provisions) Bill 1999
A Bill for
An Act to --
· amend the Town Planning and Development Act 1928 and
various other Acts; and
· enact transitional provisions,
as a consequence of the enactment of the Planning Appeals Act 1999.
The Parliament of Western Australia enacts as follows:
page 1
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Planning Appeals (Transitional
and Consequential Provisions) Act 1999.
5 2. Commencement
(1) This Act, other than sections 21, 27, 29(1) to the extent that it
amends section 26(1)(ad) of the Town Planning and
Development Act 1928, 33 and 34, comes into operation on the
day on which the Planning Appeals Act 1999 comes into
10 operation.
(2) Sections 21, 27 and 29(1) to the extent that it amends
section 26(1)(ad) of the Town Planning and Development
Act 1928 come into operation on --
(a) the day on which Part 2 of the Planning Legislation
15 Amendment Act 1999 comes into operation; or
(b) if on that day the other provisions of this Act have not
yet come into operation, the day when they come into
operation.
(3) Sections 33 and 34 come into operation on --
20 (a) 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, the day when they come into
operation.
page 2
Planning Appeals (Transitional and 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 of the Constitution Acts Amendment Act 1899* is
amended as follows:
5 (a) by inserting the following item at the end of Division 1
of Part 1 --
"
The Director of Planning Appeals or any other Assessor
appointed under the Planning Appeals Act 1999.
10 ";
(b) in Part 3 by deleting the following items --
"
The Town Planning Appeal Committee constituted
under the Town Planning and Development
15 Act 1928.
The Town Planning Appeal Tribunal constituted
under the Town Planning and Development
Act 1928.
".
20 [* Reprinted as at 22 January 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 53.]
page 3
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 3 East Perth Redevelopment Act 1991
s. 4
Part 3 -- East Perth Redevelopment Act 1991
4. The Act amended
The amendments in this Part are to the East Perth
Redevelopment Act 1991*.
5 [* Act No. 62 of 1991.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 75.]
5. Section 45 replaced
Section 45 is repealed and the following section is inserted
10 instead --
"
45. Appeal
An applicant aggrieved by a decision of the Authority
under section 43 may appeal against that decision
15 under the Planning Appeals Act 1999.
".
6. Section 47 amended
(1) Section 47(2) is amended by deleting "to the Minister against
the direction, and on such an appeal the Minister may confirm,
20 vary or cancel the direction." and inserting instead --
"
against the direction under the Planning Appeals
Act 1999.
".
25 (2) Section 47(4) is repealed.
page 4
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Government Employees Superannuation Act 1987 Part 4
s. 7
Part 4 -- Government Employees Superannuation
Act 1987
7. Schedule 1 amended
Part B of Schedule 1 to the Government Employees
5 Superannuation Act 1987 * is amended by deleting "Town
Planning Appeal Committee (until 31 March 1990)".
[* Reprinted as at 22 January 1999.]
page 5
Planning Appeals (Transitional and 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 7 March 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 161.]
9. Section 33A amended
10 (1) Section 33A(5) and (6) are repealed and the following
subsection is inserted instead --
"
(5) If the Minister receives any submissions in relation to a
proposed amendment the Minister shall --
15 (a) give copies of the submissions to the
Commission; and
(b) refer the submissions to be dealt with under
section 29 of the Planning Appeals Act 1999.
".
20 (2) Section 33A(7) is amended by deleting "subsection (5)," and
inserting instead --
" the Planning Appeals Act 1999, ".
(3) Section 33A(9) is repealed.
10. Section 35F amended
25 (1) Section 35F(1) is amended by deleting "Part V of the Town
Planning Act." and inserting instead --
" the Planning Appeals Act 1999. ".
(2) Section 35F(2) is repealed.
page 6
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Metropolitan Region Town Planning Scheme Act 1959 Part 5
s. 11
11. Section 43 amended
(1) Section 43(3) is repealed and the following subsection is
inserted instead --
"
5 (3) An owner on whom a notice is served under this
section may, within 60 days of being served with the
notice, appeal under the Planning Appeals Act 1999
against any direction contained in the notice.
".
10 (2) Section 43(4) is amended by inserting after "giving the
direction" --
"
or such longer time as is determined by the Planning
Appeal Panel convened under the Planning Appeals
15 Act 1999 that determines the appeal
".
(3) Section 43(5)(b) is amended by deleting "specified by the
Minister in the notice given under subsection (3)," and inserting
instead --
20 " required under subsection (4), ".
page 7
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 6 Strata Titles Act 1985
s. 12
Part 6 -- Strata Titles Act 1985
12. The Act amended
The amendments in this Part are to the Strata Titles Act 1985*.
[* Reprinted as at 20 January 1997.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 242.]
13. Section 3 amended
Section 3(1) is amended by inserting the following definition in
the appropriate alphabetical position --
10 "
"Director of Planning Appeals" means the Director
of Planning Appeals appointed under the Planning
Appeals Act 1999;
".
15 14. Section 25B amended
Section 25B(3) is repealed and the following subsection is
inserted instead --
"
(3) Where an appeal under section 26 of the Town
20 Planning and Development Act 1928 against the refusal
or failure of the Commission to given an approval
referred to in subsection (2) is upheld --
(a) the Director of Planning Appeals shall issue to
the applicant a certificate certifying that the
25 appeal has been upheld; and
(b) the certificate of the Director of Planning
Appeals shall be deemed to be the approval of
the Commission.
".
page 8
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Strata Titles Act 1985 Part 6
s. 15
15. Section 26 amended
(1) Section 26(5) is amended by deleting "to the Minister to whom
the administration of the Town Planning and Development
Act 1928 is for the time being committed by the Governor or to
5 the Town Planning Appeal Tribunal constituted under that Act"
and inserting instead --
" under the Planning Appeals Act 1999 ".
(2) Section 26(6) is repealed.
(3) Section 26(7) is amended as follows:
10 (a) by deleting ", other than an appeal to the Town Planning
Appeal Tribunal,";
(b) by deleting ", in such manner and upon payment of such
fees as may be prescribed".
(4) Section 26(8) is repealed and the following subsection is
15 inserted instead --
"
(8) An appeal to the Minister under subsection (4) may be
commenced in such manner and on payment of such
fees as may be prescribed.
20 ".
(5) Section 26(9) is amended as follows:
(a) by deleting "The relevant Minister, or the Town
Planning Appeal Tribunal, as the case may be," and
inserting instead --
25 " On an appeal under subsection (4) the Minister ";
(b) by deleting "or the Tribunal" in the 3 places where it
occurs.
page 9
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 6 Strata Titles Act 1985
s. 16
(6) Section 26(10) is amended by deleting "decision of a Minister
or the Town Planning Appeal Tribunal upon any such appeal is"
and inserting instead --
"
5 determination of an appeal under this section is, subject
to any right of appeal under the Planning Appeals
Act 1999,
".
(7) Section 26(11) is amended as follows:
10 (a) by deleting "a Minister or the Town Planning Appeal
Tribunal upholds";
(b) after "this section" by inserting --
" is upheld ";
(c) by deleting "Tribunal" in both other places where it
15 occurs and inserting instead --
" Director of Planning Appeals ".
(8) Section 26(12)(a) is amended by deleting "Town Planning
Appeal Tribunal" and inserting instead --
" Director of Planning Appeals ".
20 16. Section 27 amended
(1) Section 27(3) is amended by deleting "to the Minister to whom
the administration of the Town Planning and Development
Act 1928 is for the time being committed by the Governor or to
the Town Planning Appeal Tribunal constituted under that Act"
25 and inserting instead --
" under the Planning Appeals Act 1999 ".
(2) Section 27(4) is repealed.
page 10
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Strata Titles Act 1985 Part 6
s. 16
(3) Section 27(5) is amended as follows:
(a) by deleting ", other than an appeal to the Town Planning
Appeal Tribunal,";
(b) by deleting ", in such manner and upon payment of such
5 fees as may be prescribed".
(4) Section 27(6) and (7) are repealed.
(5) Section 27(8) is amended by deleting "decision of the Minister
or the Town Planning Appeal Tribunal upon any such appeal is"
and inserting instead --
10 "
determination of an appeal under this section is, subject
to any right of appeal under the Planning Appeals
Act 1999,
".
15 (6) Section 27(9) is repealed and the following subsection is
inserted instead --
"
(9) Where an appeal under this section is upheld --
(a) the Director of Planning Appeals shall issue to
20 the applicant a certificate certifying that the
appeal has been upheld; and
(b) if the appeal is against the refusal of the
Commission to give its approval the certificate
of the Director of Planning Appeals shall be
25 deemed to be the approval of the Commission.
".
(7) Section 27(10)(a) is amended by deleting "Minister or the Town
Planning Appeal Tribunal" and inserting instead --
" Director of Planning Appeals ".
page 11
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 7 Subiaco Redevelopment Act 1994
s. 17
Part 7 -- Subiaco Redevelopment Act 1994
17. The Act amended
The amendments in this Part are to the Subiaco Redevelopment
Act 1994*.
5 [* Act No. 35 of 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 242-3.]
18. Section 52 replaced
Section 52 is repealed and the following section is inserted
10 instead --
"
52. Appeal
An applicant aggrieved by a decision of the Authority
under section 50 may appeal against that decision
15 under the Planning Appeals Act 1999.
".
19. Section 54 amended
(1) Section 54(2) is amended by deleting "to the Minister against
the direction, and on the appeal the Minister may confirm, vary
20 or cancel the direction." and inserting instead --
"
against that decision under the Planning Appeals
Act 1999.
".
25 (2) Section 54(4) is repealed.
page 12
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Town Planning and Development Act 1928 Part 8
s. 20
Part 8 -- Town Planning and Development Act 1928
20. The Act amended
The amendments in this Part are to the Town Planning and
Development Act 1928*.
5 [* Reprinted as at 19 March 1999.]
21. Section 7 amended
Section 7(1f) is amended by deleting "to the Town Planning
Appeal Tribunal constituted under section 42." and inserting
instead --
10 " under the Planning Appeals Act 1999. ".
22. Section 7B amended
(1) Section 7B(6)(a) is amended by deleting from "to the Minister
who may --" to the end of the paragraph and inserting
instead --
15 " under the Planning Appeals Act 1999. ".
(2) Section 7B(6)(b) is deleted.
(3) Section 7B(6)(d) is amended by deleting "to the Minister as
provided in paragraph (a)." and inserting instead --
" under the Planning Appeals Act 1999. ".
20 (4) Section 7B(8)(b) is amended by deleting from "to the Minister"
to the end of the paragraph and inserting instead --
"
against any direction contained in the notice
under the Planning Appeals Act 1999.
25 ".
page 13
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 8 Town Planning and Development Act 1928
s. 23
(5) Section 7B(12)(a)(ii) is deleted and the following subparagraph
is inserted instead --
"
(ii) on an appeal made by the claimant
5 under subsection (6), the decision has
been affirmed.
".
23. Section 8A amended
(1) Section 8A(1) is amended by deleting "to the Minister against
10 the authority's decision in accordance with Part V." and
inserting instead --
"
against the authority's decision under the Planning
Appeals Act 1999.
15 ".
(2) Section 8A(3) and (4) are repealed.
24. Section 8B amended
Section 8B is amended by deleting "to the Minister in
accordance with Part V." and inserting instead --
20 " under the Planning Appeals Act 1999. ".
25. Section 10 amended
Section 10(3) is repealed and the following subsection is
inserted instead --
"
25 (3) A person aggrieved by the decision of a responsible
authority to take action under subsection (1) may
appeal against that decision under the Planning
Appeals Act 1999.
".
page 14
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Town Planning and Development Act 1928 Part 8
s. 26
26. Section 18 amended
Section 18(2) is repealed and the following subsections are
inserted instead --
"
5 (2) A person aggrieved by the failure of a local
government to --
(a) enforce effectively the observance of a scheme,
which has been confirmed, or any provisions of
such a scheme; or
10 (b) execute any works which, under such a scheme
or this Act, the local government is required to
execute,
may refer the matter to be dealt with under section 30
of the Planning Appeals Act 1999.
15 (2a) On receiving a report and recommendation made to
him or her under the Planning Appeals Act 1999, the
Minister may order the local government to do all
things necessary for enforcing the observance of the
scheme, or for executing any works which, under the
20 scheme or this Act, the local government is required to
execute.
".
27. Section 18B amended
(1) Section 18B(1) is amended by deleting "by the Town Planning
25 Appeal Tribunal".
(2) Section 18B(2)(a) is deleted and the following paragraph is
inserted instead --
" (a) set out the determination made on the appeal; ".
page 15
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 8 Town Planning and Development Act 1928
s. 28
28. Section 18D inserted
After section 18C the following section is inserted in Part I --
"
18D. Appeals under town planning schemes
5 (1) Where a person is entitled under a town planning
scheme to appeal against the exercise by the
responsible authority of a discretionary power the
appeal is to be made under the Planning Appeals
Act 1999.
10 (2) Subsection (1) has effect despite any provision in the
town planning scheme that provides for the appeal to
be made to any other person or body.
".
29. Section 26 amended
15 (1) Section 26(1)(a), (ab) and (ad) are amended by deleting "to the
Minister" and inserting instead --
" under the Planning Appeals Act 1999 ".
(2) Section 26(1)(b), (c) and (d) are deleted.
30. Part V repealed
20 Part V is repealed.
31. Schedule 1 amended
Clause 27A of Schedule 1 is amended by deleting "to the
Minister" and inserting instead --
" under the Planning Appeals Act 1999 ".
page 16
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Western Australian Planning Commission Act 1985 Part 9
s. 32
Part 9 -- Western Australian Planning
Commission Act 1985
32. 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.]
33. Sections 25 and 37E amended
10 (1) Sections 25(1) and (2) and 37E(1) are amended by deleting
"Part V of the Town Planning and Development Act 1928." and
inserting instead --
" the Planning Appeals Act 1999. ".
(2) Section 37E(2) is repealed.
15 34. Section 37J amended
(1) Section 37J(4) and (5) are repealed and the following subsection
is inserted instead --
"
(4) An owner on whom a notice is served under this
20 section may, within 60 days of being served with the
notice, appeal under the Planning Appeals Act 1999
against any direction contained in the notice.
".
page 17
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 9 Western Australian Planning Commission Act 1985
s. 34
(2) Section 37J(6) is amended by inserting after "giving the
direction" --
"
or such longer time as is determined by the Planning
5 Appeal Panel convened under the Planning Appeals
Act 1999 that determines the appeal
".
(3) Section 37J(7)(b) is amended by deleting "specified by the
Minister in the notice given under subsection (5)," and inserting
10 instead --
" required under subsection (6) ".
page 18
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Transitional Part 10
s. 35
Part 10 -- Transitional
35. Current proceedings
(1) If a proceeding was commenced before the day on which this
Act came into operation but as at that day is not concluded, the
5 proceeding may be dealt with and determined under the
repealed provisions as if this Act and the Planning Appeals
Act 1999 were not in operation.
(2) In this section --
"proceeding" means an appeal, referral or application to the
10 Minister, Town Planning Appeal Tribunal or Town
Planning Appeal Committee made under a written law that,
after the commencement of this Act, provides for such
appeals, referrals or applications to be made to the Director
of Planning Appeals under the Planning Appeals Act 1999;
15 "repealed provisions", in relation to a proceeding, means the
provisions of the Act under which the proceeding was
commenced and, where relevant the Town Planning and
Development Act 1928, as in force immediately before this
Act came into operation.
20 36. References to Tribunal or Committee
(1) Unless the context otherwise requires, where in any written law
or in any document of any other kind there is a reference to an
appeal, referral or application to the Town Planning Appeal
Tribunal or the Town Planning Appeal Committee that
25 reference is to be read and construed as a reference to an appeal,
referral or application to the Director of Planning Appeals under
the Planning Appeals Act 1999.
(2) Unless the context otherwise requires, where in any written law
or in any document of any other kind there is a reference to a
decision, determination or order of the Town Planning Appeal
page 19
Planning Appeals (Transitional and Consequential Provisions) Bill 1999
Part 10 Transitional
s. 36
Tribunal or the Town Planning Appeal Committee that
reference is to be read and construed as a reference to a
decision, determination or order of a Planning Appeal Panel
convened under the Planning Appeals Act 1999.
page 20
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