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WESTERN AUSTRALIA
LEGISLATIVE ASSEMBLY
(As amended in Committee)
PLANNING LEGISLATION
AMENDMENT BILL 1998
A BILL FOR
AN ACT to amend the Town Planning and Development
Act 1928 and the Western Australian Planning
Commission Act 1985.
The Parliament of Western Australia enacts as follows:
No. 119 -- 2B
Planning Legislation Amendment Bill 1998
cl. 1
PART 1 -- PRELIMINARY
Short title
1. This Act may be cited as the Planning Legislation
Amendment Act 1998.
5 Commencement
2. The provisions of this Act come into operation on such day as
is, or days as are respectively, fixed by proclamation.
2
Planning Legislation Amendment Bill 1998
cl. 3
PART 2 -- AMENDMENTS TO TOWN PLANNING AND
DEVELOPMENT ACT 1928
Principal Act
3. In this Part the Town Planning and Development Act 1928*
5 is referred to as the principal Act.
[* Reprinted as at 21 February 1996.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, pp. 230-1, and Act
No. 57 of 1997.]
10 Section 2 amended
4. Section 2 (1) of the principal Act is amended by inserting
after the definition of ``responsible authority'' the following
definition --
`` ``subdivision'' includes amalgamation; ''.
15 Section 7 amended
5. Section 7 of the principal Act is amended by inserting after
subsection (1) the following subsections --
``
(1a) The decision to prepare any amendment to a town
20 planning scheme may be made by a local government of its
own motion.
(1b) Without limiting subsection (1a), the decision to
prepare an amendment to a town planning scheme to
reclassify or re-zone land in the scheme area may be made
25 by a local government on the application of the owner of the
land.
3
Planning Legislation Amendment Bill 1998
cl. 5
(1c) An application is required to be --
(a) made in such manner and form; and
(b) accompanied by such fee,
if any, as may be prescribed.
5 (1d) A local government may, by notice in writing,
require an applicant for the amendment of a town planning
scheme to provide the local government with information or
draft documents of a kind, and in a form, specified in the
notice.
10 (1e) In preparing an amendment to a town planning
scheme, a local government may use or incorporate
information or documents provided to it under
subsection (1d).
(1f) If an applicant for the amendment of a town
15 planning scheme is aggrieved by the local government's
decision to --
(a) refuse to prepare the amendment sought;
(b) refuse to take a requisite step; or
(c) require an undertaking or impose any other
20 requirement in connection with the preparation
of the amendment or the taking of a requisite
step,
the applicant may within 60 days after being notified of the
decision, appeal against the decision to the Town Planning
25 Appeal Tribunal constituted under section 42.
(1g) If --
(a) a period of 90 days, or such greater period as the
local government and the applicant agree upon
4
Planning Legislation Amendment Bill 1998
cl. 6
in a particular case, has elapsed since the
application was made; and
(b) the local government has failed to notify the
applicant as to whether or not it has resolved to
5 prepare an amendment,
the applicant may regard the failure as a refusal to prepare
the amendment and may appeal under subsection (1f) (a).
(1h) If the local government has failed to take a
requisite step within the time prescribed for taking that
10 step or, if no time is prescribed, within a reasonable time,
the applicant may regard the failure as a refusal to take the
step and may appeal under subsection (1f) (b).
(1i) In subsections (1f) and (1h) --
``requisite step'' means a step that is necessary for
15 having the amendment prepared, approved, or
take effect.
''.
Section 18B inserted
6. After section 18A of the principal Act the following section is
20 inserted --
``
Minister may enforce certain Appeal Tribunal
determinations
18B. (1) If the Minister is satisfied that a local
25 government has failed to --
(a) prepare an amendment to a town planning
scheme; or
(b) take a requisite step as defined in section 7 (1i),
5
Planning Legislation Amendment Bill 1998
cl. 6
in accordance with a determination made by the Town
Planning Appeal Tribunal upon an appeal under
section 7 (1f), the Minister may serve notice in writing on
the local government under this section.
5 (2) The notice is to --
(a) specify the Town Planning Appeal Tribunal's
determination;
(b) specify a day (which is not to be less than
90 days after the notice is served) before which
10 the local government is required to have
prepared the amendment or taken the requisite
step; and
(c) advise the local government that the Minister
intends to exercise the powers conferred by
15 subsection (3) if the local government does not
comply with the requirement made under
paragraph (b).
(3) If the local government does not comply with the
requirement made under subsection (2) (b), the Minister
20 may take all such steps and prepare or cause to be prepared
all such documents as are necessary for compliance with the
requirement as if the Minister were the local government.
(4) For the purposes of subsection (3) the Minister may
by order direct the local government to provide the Minister
25 with such reports or other information specified in the order
as are necessary for the exercise of the Minister's powers
under this section.
(5) The Minister is to cause a copy of an order directed
to a local government under subsection (4) to be served on
30 the local government, and the local government is to comply
with the order.
6
Planning Legislation Amendment Bill 1998
cl. 7
(6) For the purposes of subsection (3) the provisions of
the regulations that would have applied to the local
government apply to the Minister with such modifications
as are necessary or are prescribed.
5 (7) Where an amendment that the Minister prepares or
causes to be prepared under this section is published in the
Gazette, that amendment has effect as if it were prepared
by the local government and approved by the Minister, and
the local government is to implement it accordingly.
10 (8) All costs, charges and expenses incurred by the
Minister in the exercise of any powers conferred by
subsection (3) may be recovered from the local government
as a debt due to the Crown or may be deducted from any
moneys payable by the Crown to the local government.
15 (9) A reference in this or any other Act to an
amendment prepared in accordance with section 7 is to be
read and construed as including a reference to an
amendment prepared or caused to be prepared by the
Minister in accordance with this section.
20 ''.
Section 20 amended
7. Section 20 (2) of the principal Act is repealed and the
following subsection is substituted --
``
25 (2) The Registrar of Titles shall not create or register a
certificate of title under the Transfer of Land Act 1893 for
land the subject of a plan of subdivision unless --
(a) in the case of a plan of subdivision to which this
Act applies, the diagram or plan of survey of the
30 subdivision of that land submitted to the
Commission under section 20AA; or
7
Planning Legislation Amendment Bill 1998
cl. 8
(b) in the case of a plan of subdivision to which this
Act does not apply, the application for title
concerned,
has been endorsed with the approval of the Commission.
5 ''.
Section 20AA inserted
8. After section 20 of the principal Act the following section is
inserted --
``
10 Endorsement of approval upon diagram or plan of
survey
20AA. (1) A person to whom approval of a plan of
subdivision has been given may, within 3 years of the date
on which the Commission approved the plan of
15 subdivision --
(a) submit to the Commission in the prescribed
manner and form a diagram or plan of survey of
the subdivision, accompanied by the prescribed
fee; and
20 (b) request the Commission to approve the diagram
or plan of survey of the subdivision.
(2) If the Commission is satisfied that --
(a) the diagram or plan of survey is in accordance
with the plan of subdivision approved under
25 section 20 (1) (a); and
(b) if that approval given was subject to conditions,
the conditions have been complied with,
8
Planning Legislation Amendment Bill 1998
cl. 9
the Commission shall endorse its approval on the diagram
or plan of survey.
(3) If, at the expiration of 3 years from the date on
which the Commission approved a plan of subdivision under
5 section 20 (1) (a), a diagram or plan of survey of the
subdivision has not been submitted to the Commission, the
approval of the plan of subdivision ceases to have effect.
''.
Section 26 amended
10 9. (1) Section 26 (1) of the principal Act is amended by
inserting after paragraph (ac) the following paragraph --
``
(ad) A person given approval of a plan of subdivision who
is aggrieved by the Commission's decision to refuse to
15 endorse its approval on a diagram or plan of survey of
the subdivision submitted to the Commission under
section 20AA may appeal to the Minister from the
decision of the Commission.
''.
20 (2) After section 26 (1) of the principal Act the following
subsection is inserted --
``
(2) If the Commission refuses to endorse a plan or
diagram of survey of a subdivision because a condition
25 affixed to the approval of the plan of subdivision under
section 20 (1) (a) has not been complied with, an appeal
under subsection (1) (ad) of this section may include an
appeal from that condition.
''.
9
Planning Legislation Amendment Bill 1998
cl. 10
Section 33B inserted
10. After section 33A of the principal Act the following section
is inserted --
``
5 Local government fees and charges
33B. (1) In this section --
``planning matter'' means any matter arising under
this Act in relation to --
(a) a town planning scheme;
10 (b) subdivision; or
(c) approval for development.
(2) The Governor may make regulations providing for,
or in respect of --
(a) the services in respect of planning matters for
15 which fees or charges may be imposed by a local
government;
(b) the fees or charges that may be imposed for the
provision of those services, and the recovery of
those fees and charges;
20 (c) any formula, index or other base to be used for
the purposes of calculating or ascertaining any
fee or charge for the provision of those services;
(d) the payment or recovery of costs and expenses
incurred by the local government in providing a
25 service in relation to a planning matter,
including costs and expenses incurred by the
local government in obtaining specialist or expert
advice where, in the opinion of the local
government, the advice was necessary for the
30 purpose of providing the service; and
10
Planning Legislation Amendment Bill 1998
cl. 11
(e) the liability of persons for payment to the local
government in respect of provision of services
and related costs and expenses.
(3) A local government shall not --
5 (a) impose any fee or charge for provision of a
service in relation to a planning matter; or
(b) require payment for costs and expenses incurred
by the local government in providing a service in
relation to a planning matter,
10 unless the service is prescribed under subsection (2) (a).
(4) A local government shall not impose a fee or charge
for a service in relation to a planning matter that is
inconsistent with a fee or charge prescribed under this
section.
15 ''.
Section 37 amended
11. Section 37 of the principal Act is amended in the definition
of ``appeal'' --
(a) by inserting after paragraph (a) the following
20 paragraph --
``
(aa) an appeal to the Appeal Tribunal under
section 7 (1f);
'';
25 (b) by deleting ``and'' after paragraph (d); and
11
Planning Legislation Amendment Bill 1998
cl. 12
(c) by inserting after paragraph (e) the following
paragraphs --
``
(f) an appeal under section 25 of the Western
5 Australian Planning Commission Act 1985;
and
(g) an appeal under section 37E of the Western
Australian Planning Commission Act 1985;
''.
10 Section 39 amended
12. Section 39 of the principal Act is amended by inserting
after subsection (1) the following subsection --
``
(1a) An appeal under section 7 (1f) can only be made to
15 the Appeal Tribunal and subsection (1) does not apply to an
appeal of that kind.
''.
12
Planning Legislation Amendment Bill 1998
cl. 13
PART 3 -- AMENDMENTS TO WESTERN AUSTRALIAN
PLANNING COMMISSION ACT 1985
Principal Act
13. In this Part the Western Australian Planning Commission
5 Act 1985* is referred to as the principal Act.
[* Act No. 91 of 1985.
For subsequent amendments, see 1996 Index to
Legislation of Western Australia, Table 1, p. 248 and
Act No. 57 of 1997.]
10 Section 3 amended
14. Section 3 of the principal Act is amended by inserting in
their appropriate alphabetical positions the following
definitions --
``
15 ``Heritage Council'' means the Heritage Council of
Western Australia established under the Heritage of
Western Australia Act 1990;
``regional improvement plan'' means regional
improvement plan referred to in section 37I;
20 ``regional order'' means regional interim development
order made under section 21 (1);
``regional order area'' means area affected by, and
specified in, a regional order;
``regional planning control area'' means regional
25 planning control area declared under section 37B;
''.
13
Planning Legislation Amendment Bill 1998
cl. 15
Division heading deleted
15. Part II of the principal Act is amended before section 4
by deleting ``Division 1 -- Western Australian Planning
Commission.''.
5 Section 18 amended
16. (1) Section 18 (1) of the principal Act is amended by
inserting after paragraph (d) the following paragraph --
``
(da) in relation to any part of the State to which a regional
10 planning scheme applies --
(i) to keep under review the strategic planning for
that part of the State and to make
recommendations to the Minister on strategic
planning;
15 (ii) to keep under review the regional planning
scheme and to review the scheme completely
whenever requested by the Minister to do so, and
to submit for approval in accordance with
subsection (1a) any amendment of the regional
20 planning scheme considered necessary as a
result of a review;
(iii) to develop, maintain and manage land held by it
that is reserved under the regional planning
scheme and to carry out such works, including
25 the provision of facilities on the land, as may be
incidental to the development, maintenance and
management or be conducive to the use of the
land for any purpose for which it is reserved; and
(iv) to do all things that are necessary for the
30 purpose of carrying out Parts IIA, IIB, IIC and
IID and the regional planning scheme;
''.
14
Planning Legislation Amendment Bill 1998
cl. 16
(2) Section 18 of the principal Act is amended by inserting
after subsection (1b) the following subsections --
``
(1ba) A regional planning scheme may be prepared for
5 all or any of the objects, purposes, provisions, powers or
works referred to in section 6 of the Town Planning and
Development Act 1928 and may provide for planning,
replanning or reconstructing the whole or any part of its
region.
10 (1bb) If a regional planning scheme has effect under
section 33 (5) of the Metropolitan Scheme Act as read with
subsections (1a) and (1b) --
(a) a town planning scheme made under the Town
Planning and Development Act 1928 by a local
15 government shall not be approved by the
Minister to whom the administration of that Act
is for the time being committed by the Governor;
and
(b) local laws which if made would affect or be likely
20 to affect the regional planning scheme shall not
be made by a local government,
unless the provisions of the town planning scheme or local
laws, as the case requires, are in accordance with and
consistent with the regional planning scheme.
25 ''.
15
Planning Legislation Amendment Bill 1998
cl. 17
Parts IIA, IIB, IIC and IID inserted
17. After section 20 of the principal Act the following Parts are
inserted --
``
5 PART IIA -- REGIONAL INTERIM DEVELOPMENT
Commission may make and administer regional
interim development orders
21. (1) Subject to this Part, the Commission may, if --
(a) the Commission is of the opinion that the
10 development of land within the part of the State
to which a regional planning scheme is to apply
might materially affect the preparation or
implementation of the regional planning scheme;
(b) the Commission has complied with subsection
15 (2); and
(c) the Minister approves,
make such regional interim development orders as are
necessary for regulating, restricting or prohibiting that
development.
20 (2) Before making a regional order the Commission
shall --
(a) inform each local government of a district which
lies within or partly within the area to which the
proposed regional order will apply of the
25 proposal;
(b) invite that local government to make
submissions on the proposal within 28 days; and
16
Planning Legislation Amendment Bill 1998
cl. 17
(c) provide the Minister with a copy of any
submission received under paragraph (b).
(3) A regional order --
(a) may be made by the Commission at any time --
5 (i) after resolving under section 18 (1a) to
prepare a regional planning scheme; and
(ii) before the relevant procedures set out in
the provisions of the Metropolitan Scheme
Act referred to in section 18 (1a), as read
10 with section 18 (1a) and (1b), have been
fully complied with in respect of the
regional planning scheme; and
(b) is to specify the land affected by the regional
order.
15 (4) On the making of a regional order, the Commission
shall cause to be published once in the Gazette and 3 times
in a daily newspaper circulating in the part of the State to
which the regional order applies a notice --
(a) containing a summary of the regional order; and
20 (b) stating that copies of the regional order will be
made available by the Commission for inspection
by any person free of charge at the offices of the
Commission and of the local government or local
governments within the area affected by the
25 regional order.
(5) The Commission shall, at the same time or before
acting under subsection (4), publish in the Gazette --
(a) a summary of the relevant resolution made
under section 18 (1a); and
17
Planning Legislation Amendment Bill 1998
cl. 17
(b) a description of the part of the State to which
the relevant proposed regional planning scheme
is to apply.
(6) The Commission shall administer each regional
5 order.
Duration of regional orders
22. (1) Subject to subsection (2), a regional order --
(a) comes into operation on the day of publication of
the relevant notice in the Gazette under
10 section 21 (4); and
(b) has effect as though its provisions were enacted
in this Act.
(2) A regional order ceases to have effect in its regional
order area --
15 (a) when the relevant regional planning scheme
comes into operation in respect of that regional
order area;
(b) when the regional order is revoked under
section 23; or
20 (c) on the expiry of 3 years from the day on which
the regional order first applied to that regional
order area,
whichever is the sooner, but the Commission may, by notice
published in the Gazette before the regional order ceases to
25 have effect, extend its operation for a further period not
exceeding 12 months and may, if the Commission thinks fit,
exercise that power of extension more than once.
18
Planning Legislation Amendment Bill 1998
cl. 17
Revocation and amendment of regional orders
23. (1) The Commission may, with the approval of the
Minister, at any time by order published --
(a) once in the Gazette; and
5 (b) 3 times in a daily newspaper circulating in the
part of the State to which the relevant regional
order applies,
revoke a regional order.
(2) An order made under subsection (1) comes into
10 operation on the day after the day on which it is published
in the Gazette.
(3) The Commission may, with the approval of the
Minister, at any time make an order amending a regional
order and sections 21 (4) and 22 (1) apply with any
15 necessary modifications to such an order as if that order
were a regional order.
Contents and effect of regional orders
24. (1) A regional order may --
(a) require a person, before commencing to carry out
20 any specified development within the regional
order area, to obtain the written permission of
the Commission;
(b) regulate, restrict or prohibit any specified class
of development within the regional order area;
25 (c) exempt from the operation of the regional order
any development of a specified class within the
regional order area;
19
Planning Legislation Amendment Bill 1998
cl. 17
(d) in the case of land which is in the regional order
area and to which the Heritage of Western
Australia Act 1990 applies, require the
Commission --
5 (i) before granting an application for
permission to carry out development
referred to in paragraph (a), to refer that
application to the Heritage Council for
advice and to notify the applicant of that
10 referral;
(ii) not to deal with that application unless the
advice of the Heritage Council has been
received; and
(iii) to have regard to that advice;
15 (e) provide that the permission of the Commission
for the carrying out of any development referred
to in the regional order may, if granted, be
granted subject to such conditions as the
Commission considers necessary to impose,
20 including, without limiting the generality of
those conditions --
(i) a condition limiting the period during
which that development may be carried
out; and
25 (ii) a condition requiring the cessation of the
development and removal of any structure
or building erected under that permission
at the expiry of the period so limited;
(f) provide that the Commission may refuse to grant
30 to an applicant its permission for carrying out
development of a specified class in a specified
part of the regional order area;
20
Planning Legislation Amendment Bill 1998
cl. 17
(g) subject to subsection (4), suspend, vary,
supplement or supersede any of the provisions of
the local laws in force under the Local
Government Act 1995 and the Local Government
5 (Miscellaneous Provisions) Act 1960 in the
regional order area.
(2) Before granting an application for permission to
carry out development referred to in paragraph (a), the
Commission shall --
10 (a) refer that application to the local government of
the district in which the relevant land lies;
(b) invite the local government to make submissions
on the application within 42 days; and
(c) have regard to any submission received under
15 paragraph (b).
(3) Despite section 28, nothing in a regional order in
force in respect of a regional order area empowers the
Commission to grant to an applicant permission to carry
out a development if that development contravenes a
20 provision of the town planning scheme operating in the
regional order area.
(4) Nothing in a regional order prevents --
(a) the continuance of the use of any land or
building for the purposes for which the land or
25 building was being used immediately prior to the
coming into operation of the regional order; or
(b) the carrying out of any development for which,
immediately prior to the coming into operation of
the regional order, a permit or permits, if any,
30 required under the Town Planning and
Development Act 1928 or any other Act
21
Planning Legislation Amendment Bill 1998
cl. 17
authorizing that development to be carried out
had been obtained and were current.
(5) In subsection (1) --
``specified'' means specified in the regional order
5 concerned.
Appeals against refusals of permission, etc.
25. (1) Subject to subsection (3), a person who is
aggrieved by --
(a) the refusal of permission; or
10 (b) a condition subject to which permission is
granted,
under a regional order as read with section 24 (1) may
within 60 days after the refusal is communicated, or
permission is granted, to that person appeal against that
15 refusal or condition under Part V of the Town Planning and
Development Act 1928.
(2) Subject to subsection (3), if the Commission does
not grant or refuse permission --
(a) within a period of 60 days after the receipt by
20 the Commission of an application to carry out
any development referred to in this Part; or
(b) in the case of land in relation to which the
Commission has referred such an application to
the Heritage Council under section 24 (1) (d) and
25 has notified the applicant for permission of that
referral, within a period of 60 days after that
notification,
22
Planning Legislation Amendment Bill 1998
cl. 17
the Commission shall on the expiry of that period be
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
5 Development Act 1928.
(3) An appeal shall not be made or heard under this
section in respect of any development that contravenes a
provision of --
(a) a town planning scheme;
10 (b) a local law that is not superseded or suspended
by the regional order; or
(c) an Order made under Part 6, or Order in Council
made under section 80, of the Heritage of
Western Australia Act 1990.
15 Contravention of regional orders
26. (1) A person shall not --
(a) contravene a regional order; or
(b) commence or continue to carry out any
development which is required to comply with a
20 regional order otherwise than in accordance
with --
(i) the regional order; or
(ii) any condition imposed in respect of that
development by the Commission under the
25 regional order as read with section 24 (1).
Penalty: $50 000, and a daily penalty of $5 000.
23
Planning Legislation Amendment Bill 1998
cl. 17
(2) This section does not prejudice or affect sections
37J or 37K.
Non-conforming work or development
27. (1) If --
5 (a) a local government or public authority wishes to
carry out within a regional order area any work
or undertaking that is not exempted from the
operation of the regional order and which, in the
opinion of the Commission, would not be in
10 conformity with the proposed regional planning
scheme for the part of the State in which the
regional order area is situated; and
(b) after consultation between the local government
or public authority and the Commission,
15 agreement is not reached concerning the co-
ordination of that work or undertaking with the
proposals to be included in that proposed
regional planning scheme,
the Commission may submit the matter to the Minister for
20 determination by the Governor.
(2) The Governor may, in respect of a matter submitted
under subsection (1) for determination --
(a) prohibit absolutely or for such period as the
Governor thinks fit; or
25 (b) restrict, regulate or permit,
the carrying out of the work or undertaking or any part of it
subject to such conditions as the Governor specifies.
24
Planning Legislation Amendment Bill 1998
cl. 17
Regional orders to prevail over inconsistent town
planning schemes and local laws
28. If there is an inconsistency between --
(a) a town planning scheme operating in a regional
5 order area, or a local law in force in a regional
order area under the Local Government Act 1995
and the Local Government (Miscellaneous
Provisions) Act 1960 or any Act for which the
latter Act is in substitution; and
10 (b) the regional order in force in respect of the
regional order area,
that regional order prevails over that town planning scheme
or local law to the extent of that inconsistency.
Limits on compensation payable for injurious
15 affection, etc. as result of operation of regional order
29. (1) Compensation for injurious affection to any land
within a regional order area or for loss arising from any
other cause is not payable under this Act as a result of the
operation of the relevant regional order unless --
20 (a) the Commission --
(i) refuses an application made under that
regional order for permission to carry out
development on that land; or
(ii) grants such an application subject to
25 conditions,
on the ground that the proposed regional
planning scheme for the regional order area is to
include that land within a reservation for public
purposes; and
25
Planning Legislation Amendment Bill 1998
cl. 17
(b) an appeal, if lawfully made by the claimant
under section 25, has been disallowed wholly or
in part.
(2) When compensation of the kind referred to in
5 subsection (1) is claimed --
(a) that compensation shall be determined by
arbitration under the Commercial Arbitration
Act 1985 or by some other method agreed by the
parties; or
10 (b) the Commission may, and shall if the claimant
so requests, purchase any land injuriously
affected at a price not exceeding the value of
that land at the time of --
(i) the refusal of permission; or
15 (ii) the grant of permission subject to
conditions,
without regard to any increase in value
attributable wholly or in part to the proposed
regional planning scheme for the regional order
20 area in which the land is situated.
PART IIB -- APPLICATION OF SECTIONS 11 AND 12
OF TOWN PLANNING AND DEVELOPMENT
ACT 1928 TO REGIONAL PLANNING SCHEMES
Construction of sections 11 and 12 of Town Planning
25 and Development Act 1928 in relation to regional
planning schemes
30. The provisions of sections 11 and 12 of the Town
Planning and Development Act 1928 apply, with such
modifications as are necessary, to the provisions of a
26
Planning Legislation Amendment Bill 1998
cl. 17
regional planning scheme and for that purpose the former
provisions shall be read and construed as if --
(a) the Commission were the ``responsible authority''
or ``local government'' wherever referred to in
5 those sections; and
(b) the passage, ``varied, amplified or revoked by the
Commission'' were substituted for the passage
``altered or revoked by an order of the Minister
under this Act'' in section 11 (3) of that Act; and
10 (c) those provisions included section 33 (1), (2), (3)
and (4) and section 34.
Claims for injurious affection
31. (1) A regional planning scheme may provide that
when compensation for injurious affection is claimed as a
15 result of the operation of the provisions of section 12 (2a) (b)
(i) or (ii) of the Town Planning and Development Act 1928
the Commission may at its option elect to acquire the land
so affected instead of paying compensation.
(2) The Commission shall, within 3 months of the claim
20 for injurious affection being made, by notice in writing
given to the claimant --
(a) elect to acquire the land; or
(b) advise that it does not intend to acquire the
land.
25 Price of land acquired by Commission in absence of
agreement
32. (1) When the Commission elects to acquire the land
as provided in section 31, if the Commission and the owner
27
Planning Legislation Amendment Bill 1998
cl. 17
of the land are unable to agree as to the price to be paid for
the land by the Commission, the price at which the land
may be acquired by the Commission shall be the value of
the land as determined in accordance with subsection (2).
5 (2) The value of the land referred to in subsection (1)
shall be the value of the land on the date the Commission
elects to acquire the land under that subsection, and that
value shall be determined --
(a) by arbitration in accordance with the
10 Commercial Arbitration Act 1985; or
(b) on the application of the owner of the land, made
in the prescribed manner --
(i) if the value of the land claimed by the
owner thereof is not more than the
15 prescribed amount, by a Local Court sitting
at a place nearest to where the land lies; or
(ii) if the value of the land claimed by the
owner thereof is more than the prescribed
amount, by the Supreme Court;
20 or
(c) by some other method agreed upon by the
Commission and the owner of the land,
and that value shall be determined without regard to any
increase or decrease, if any, in value attributable wholly or
25 in part to the regional planning scheme.
(3) For the purposes of subsection (2) (b), the
prescribed amount is $25 000 or, if a greater amount is
prescribed for the purposes of this paragraph, the greater
amount.
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Planning Legislation Amendment Bill 1998
cl. 17
Compensation for injurious affection to land reserved
for public purpose
33. (1) Subject to subsection (3), when under a regional
planning scheme any land has been reserved for a public
5 purpose, no compensation is payable by the Commission for
injurious affection to that land alleged to be due to or
arising out of such reservation until --
(a) the land is first sold following the date of the
reservation; or
10 (b) the Commission refuses an application made
under the regional planning scheme for
permission to carry out development on the land
or grants permission to carry out development on
the land subject to conditions that are
15 unacceptable to the applicant.
(2) Compensation for injurious affection to any land is
payable only once under subsection (1) and is so payable --
(a) under paragraph (a) of that subsection to the
person who was the owner of the land at the
20 date of reservation; or
(b) under paragraph (b) of that subsection to the
person who was the owner of the land at the
date of application,
referred to in that paragraph, unless after the payment of
25 that compensation further injurious affection to the land
results from --
(c) an alteration of the existing reservation thereof;
or
(d) the imposition of another reservation thereon.
29
Planning Legislation Amendment Bill 1998
cl. 17
(3) Before compensation is payable under
subsection (1) --
(a) when the land is sold, the person lawfully
appointed to determine the amount of the
5 compensation shall be satisfied --
(i) that the owner of the land has sold the
land at a lesser price than the owner might
reasonably have expected to receive had
there been no reservation of the land under
10 the regional planning scheme;
(ii) that the owner before selling the land gave
notice in writing to the Commission of the
owner's intention to sell the land; and
(iii) that the owner sold the land in good faith
15 and took reasonable steps to obtain a fair
and reasonable price for the land;
or
(b) when the Commission refuses an application
made under the regional planning scheme for
20 permission to carry out development on the land
or grants permission to carry out development on
the land subject to conditions that are
unacceptable to the applicant, the person
lawfully appointed to determine the amount of
25 compensation shall be satisfied that the
application was made in good faith.
(4) A claim for compensation under subsection (1) shall
be made at any time within 6 months after the land is sold
or the application for permission to carry out development
30 on the land is refused or the permission is granted subject
to conditions that are unacceptable to the applicant.
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Planning Legislation Amendment Bill 1998
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Amount of compensation
34. (1) Subject to this Part, the compensation payable
for injurious affection due to or arising out of the land being
reserved under a regional planning scheme for a public
5 purpose, where no part of the land is purchased or acquired
by the Commission, shall not exceed the difference
between --
(a) the value of the land as so affected by the
existence of such reservation; and
10 (b) the value of the land as not so affected.
(2) The values referred to in subsection (1) (a) and (b)
shall be assessed as at the date on which --
(a) the land is sold as referred to in
section 33 (1) (a);
15 (b) the application for permission to carry out
development on the land is refused; or
(c) the permission is granted subject to conditions
that are unacceptable to the applicant.
Caveat may be lodged if compensation paid
20 35. (1) When compensation for injurious affection to any
land has been paid under section 33 (1), the Commission
may lodge with the Registrar of Titles or the Registrar of
Deeds and Transfers, as the case requires, a caveat against
the land specifying --
25 (a) the date of payment of compensation;
(b) the amount of compensation so paid; and
31
Planning Legislation Amendment Bill 1998
cl. 17
(c) the proportion (expressed as a percentage),
which the compensation bears to the unaffected
value of the land as assessed under
section 34 (2).
5 (2) On receipt of the caveat from the Commission, the
Registrar of Titles or the Registrar of Deeds and Transfers,
as the case requires, shall register the caveat.
Commission may recover compensation if reservation
revoked or reduced
10 36. (1) When --
(a) compensation for injurious affection to land (the
``original compensation'') has been paid to an
owner of the land in the circumstances set out in
section 33 (1); and
15 (b) as a result of the regional planning scheme being
amended or revoked the reservation of the land
for a public purpose is revoked or the area of the
land the subject of the reservation is reduced,
the Commission is entitled to recover from the owner of the
20 land at the date of the revocation or reduction of the
reservation an amount (``the refund'') which is determined
by calculating the relevant proportion (as determined under
subsections (4) to (7)) of the value of the land as at the date
on which the refund becomes payable under subsection (2).
25 (2) The refund is not payable by the owner of the land
until the land is first sold or subdivided following the date
of the revocation or reduction referred to in
subsection (1) (b) unless otherwise agreed by the owner and
the Commission.
30 (3) If the land is owned by 2 or more people they are
jointly and severally liable to pay the refund.
32
Planning Legislation Amendment Bill 1998
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(4) When the reservation has been revoked the
relevant proportion for the purposes of subsection (1) is the
same as the proportion referred to in section 35 (1) (c) in
relation to the original compensation.
5 (5) When the area of the reservation has been reduced,
the relevant proportion for the purposes of subsection (1)
shall be determined as follows --
(a) a notional amount of compensation is determined
under sections 33 (1) and 34 as if --
10 (i) the reservation had never occurred;
(ii) a reservation of the reduced area had
occurred when the reduction occurred; and
(iii) the land were being sold;
(b) the proportion (expressed as a percentage) which
15 that notional amount of compensation bears to
the current value of the land (unaffected by the
existence of the reservation) is calculated; and
(c) the relevant proportion is then determined by
deducting the proportion calculated under
20 paragraph (b) from the proportion referred to in
section 35 (1) (c) in relation to the original
compensation.
Example: Original compensation
proportion 25%
25 less
Notional compensation
proportion 15%
Relevant proportion = 10%
33
Planning Legislation Amendment Bill 1998
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(6) Despite subsection (4), when the reservation is
revoked after an amount has been recovered under
subsection (2) in respect of a previous reduction of the
reservation, the relevant proportion is the same as the
5 notional compensation proportion calculated under
subsection (5) (a) and (b) in respect of the previous
reduction.
(7) Despite subsection (5), when the reservation is
reduced after an amount has been recovered under
10 subsection (2) in respect of a previous reduction of the
reservation, the relevant proportion shall be determined as
follows --
(a) a notional compensation proportion is calculated
under subsection (5) (a) and (b) in respect of the
15 subsequent reduction; and
(b) the relevant proportion is then determined by
deducting the proportion referred to in
paragraph (a) from the notional compensation
proportion calculated under subsection (5) (a)
20 and (b) in respect of the previous reduction.
Example: Notional compensation
proportion calculated under
subsection (5) (a) and (b)
on previous reduction 15%
25 less
Notional compensation
proportion calculated
under subsection (5)
(a) and (b) on
30 subsequent reduction
8%
Relevant proportion
on subsequent
reduction = 7%
34
Planning Legislation Amendment Bill 1998
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(8) For the purposes of subsections (1) and (5) (b) the
value of the land shall be determined by one of the methods
set out in section 34 (2) (a), (b) or (c), but that value is to be
determined without regard to any increase in value
5 attributable to factors unrelated to the reservation or to its
revocation or reduction.
(9) When the Commission has an entitlement to
recover an amount under subsection (1) it has an interest in
the land and may lodge with the Registrar of Titles or the
10 Registrar of Deeds and Transfers, as the case requires, a
caveat against the land giving notice of the existence of that
interest, and may withdraw any caveat so lodged.
(10) On receipt of the caveat from the Commission, the
Registrar of Titles or the Registrar of Deeds and Transfers,
15 as the case requires, shall register the caveat.
(11) Before selling or subdividing land against which a
caveat is lodged under subsection (9), the owner of the land
shall give notice in writing to the Commission of the
intention of the owner to sell or subdivide the land.
20 (12) When a caveat is lodged under subsection (9) the
Registrar of Titles or the Registrar of Deeds and Transfers,
as the case requires, shall not register a transfer of the land
without the consent of the Commission.
Valuation by Board of Valuers
25 37. (1) In this section --
``Board'' means the Board of Valuers established
under section 36B of the Metropolitan Scheme
Act.
(2) The owner of land that is subjected to injurious
30 affection due to, or arising out of, the land being reserved
under a regional planning scheme for a public purpose who
35
Planning Legislation Amendment Bill 1998
cl. 17
gives notice of his or her intention to sell the land and
claim compensation shall, unless the Commission waives
the requirement, apply to the Board for a valuation of the
land as not so affected and the Board shall make that
5 valuation.
(3) The provisions of section 36C of the Metropolitan
Scheme Act and the regulations made under that section
apply, with such modifications as are necessary, to an
application and valuation under subsection (2).
10 PART IIC -- REGIONAL PLANNING CONTROL
AREAS
Effect of Part IIC
37A. (1) This Part shall prevail over anything in --
(a) any other Part;
15 (b) any town planning scheme that has effect under
section 7 of the Town Planning and Development
Act 1928;
(c) a regional planning scheme; or
(d) the Town Planning and Development Act 1928,
20 to the extent of any inconsistency therewith.
(2) Nothing in this Part affects --
(a) the continued use of any land in a regional
planning control area for the purpose for which
it was lawfully being used; or
25 (b) the continuation and completion of the
development of any land in a regional planning
36
Planning Legislation Amendment Bill 1998
cl. 17
control area, including the erection, construction,
alteration or carrying out, as the case requires,
of any building, excavation or other works on
that land, which development was lawfully being
5 carried out,
immediately before the declaration of the regional planning
control area.
(3) This Part and the operation of any approval of
development granted under this Part shall have effect
10 subject to section 78 of the Heritage of Western Australia
Act 1990.
Declaration of regional planning control areas
37B. (1) If the Commission considers that any land
situated in a region to which a regional planning scheme
15 applies may be required for one or more of the purposes
specified in Schedule 2, the Commission may by notice
published in the Gazette and with the approval of the
Minister declare that land to be a regional planning control
area.
20 (2) The Commission may by notice published in the
Gazette and with the approval of the Minister amend or
revoke a declaration made under subsection (1).
(3) A declaration made under subsection (1) remains in
force until --
25 (a) the expiry of such period, not exceeding 5 years
from the date on which the notice by which that
declaration was so made was published in the
Gazette, as is specified in that notice; or
(b) revoked under subsection (2),
30 whichever is the sooner.
37
Planning Legislation Amendment Bill 1998
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(4) When any land is comprised within an area which
the Commission considers should become a regional
planning control area and is land to which the Heritage of
Western Australia Act 1990 applies, the Commission shall
5 satisfy the Minister before seeking approval to the
declaration of that land as a regional planning control area
that full disclosure has been made to, and consultations
concluded with, the Heritage Council as to the likely effect
of the declaration as regards places to which that Act
10 applies.
No development in regional planning control areas
without prior approval
37C. A person shall not commence and carry out
development in a regional planning control area except --
15 (a) with the prior approval of that development
obtained under section 37D; and
(b) in a manner which is in conformity with the
approval referred to in paragraph (a) and in
accordance with the conditions, if any, subject to
20 which that approval was given.
Penalty: $50 000 and, in the case of a continuing
offence, a further fine of $5 000 for each day during
which that offence continues.
Applications for approval of development in regional
25 planning control areas
37D. (1) A person who wishes to commence and carry
out development in a regional planning control area shall
apply in the prescribed form to the local government in the
district of which the regional planning control area is
30 situated for approval of that development and submit to
38
Planning Legislation Amendment Bill 1998
cl. 17
that local government such plans and other information as
that local government may reasonably require.
(2) A local government to which an application is made
under subsection (1) shall, within 30 days of receiving the
5 application, forward the application, together with its
recommendation on the application, to the Commission for
determination.
(3) After receiving an application and recommendation
forwarded to it under subsection (2), the Commission
10 may --
(a) consult with any authority that in the
circumstances it thinks appropriate; and
(b) having regard to --
(i) the purpose for which the land to which
15 that application relates is zoned or reserved
under the relevant regional planning
scheme;
(ii) any special considerations relating to the
nature of the regional planning control area
20 concerned and of the development to which
that application relates; and
(iii) the orderly and proper planning, and the
amenities, of the locality in which the land
to which that application relates is
25 situated,
approve, subject to such conditions as it thinks fit, or refuse
to approve that application.
(4) If the Commission approves an application
forwarded to it under subsection (2) and the development
30 concerned is carried out in a manner which is not in
conformity with that approval, or any conditions subject to
39
Planning Legislation Amendment Bill 1998
cl. 17
which that approval was given are not complied with, the
Commission may revoke that approval, but this subsection
does not prevent proceedings for an offence against section
37C in respect of that carrying out or non-compliance
5 alleged to have been committed during the subsistence of
that approval.
(5) The Commission shall issue in the prescribed form
to the applicant its decision on an application forwarded to
it under subsection (2).
10 (6) If the Commission has not within 60 days of
receiving an application forwarded to it under subsection (2)
issued its decision on that application to the applicant, that
application shall be deemed to have been refused.
Appeals
15 37E. (1) An applicant whose application has under
section 37D been --
(a) approved subject to conditions which are
unacceptable to the applicant; or
(b) refused,
20 may, except when that approval or refusal --
(c) is in accordance with any operative town
planning scheme or with the relevant regional
planning scheme, if any; or
(d) relates to land which is reserved under any such
25 regional planning scheme for a public purpose,
appeal against that approval or refusal under Part V of the
Town Planning and Development Act 1928.
40
Planning Legislation Amendment Bill 1998
cl. 17
(2) An appeal under subsection (1) in relation to any
condition which is imposed in consequence of advice
furnished by the Heritage Council or by the operation of
section 78 of the Heritage of Western Australia Act 1990
5 shall be referred to the Heritage Council for advice, and
section 53 (2) of the Town Planning and Development
Act 1928 applies in relation to the appeal referred.
PART IID -- MISCELLANEOUS POWERS OF
COMMISSION AND MINISTER
10 Commission has powers of responsible authority
37F. Subject to this Act, in relation to a regional planning
scheme the Commission has all the powers, rights, duties
and authority conferred or imposed on a responsible
authority under the Town Planning and Development
15 Act 1928 in relation to a Scheme within the meaning of that
Act.
Power of Commission to acquire land to which
proposed regional planning scheme or amendment is
to apply
20 37G. The Commission may, if it considers that any land
in the part of the State to which a proposed regional
planning scheme or amendment to a regional planning
scheme is to apply is likely to be reserved for public
purposes under that regional planning scheme or
25 amendment, acquire that land by agreement with its owner.
Power of Commission to dispose of land
37H. (1) The Commission shall hold for the purposes of
a regional planning scheme any land acquired by it under
41
Planning Legislation Amendment Bill 1998
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this Act and may, subject to subsections (2) and (3), dispose
of or alienate that land --
(a) for or in furtherance of the provisions or likely
provisions of the regional planning scheme; or
5 (b) if that land is no longer required by the
Commission.
(2) Subject to subsection (3), the Commission shall not,
except with the consent of the Governor, dispose of or
alienate any land compulsorily acquired by it other than for
10 or in furtherance of the provisions or likely provisions of the
relevant regional planning scheme.
(3) In exercising a power to dispose of or alienate land
conferred by this section, the Commission shall have regard
to the general principle that in such cases land acquired by
15 the Commission should, if in the opinion of the Minister it
is reasonable and practicable to do so, be first offered for
sale at a reasonable price determined by the Minister to the
person from whom that land was acquired.
Powers of Commission in relation to regional
20 improvement plans
37I. (1) When the Commission certifies in writing to the
Minister that for the purpose of advancing the planning,
development and use of any land within a part of the State
to which a regional planning scheme applies --
25 (a) the land should be dealt with in all or any of the
following ways, namely, planned, replanned,
designed, redesigned, consolidated, resubdivided,
cleared, developed, reconstructed or
rehabilitated; or
30 (b) provision should be made for the land to be used
for such residential, commercial, industrial,
42
Planning Legislation Amendment Bill 1998
cl. 17
public, recreational, institutional, religious,
charitable or other uses, buildings, works,
improvements or facilities, or spaces therefor, as
may be appropriate or necessary,
5 and recommends to the Minister that the land should be so
dealt with or used for that purpose and made the subject of
a regional improvement plan (a copy of which shall
accompany the recommendation together with such
supporting maps and texts as the Minister may require) the
10 Minister shall, if he accepts the recommendation of the
Commission, forward the recommendation as soon as
practicable after such acceptance to the Governor.
(2) If the Governor accepts the recommendation of the
Commission, the Commission may while the relevant
15 regional planning scheme has the force of law as provided
in this Act, purchase or otherwise acquire any land included
in the regional improvement plan by agreement with the
owner thereof or in default of such agreement, the
Commission may acquire the land compulsorily under the
20 Land Administration Act 1997, as modified by this section.
(3) The Commission may --
(a) amend a regional improvement plan by notice of
amendment; or
(b) revoke a regional improvement plan by a notice
25 of revocation,
and subsection (1) applies to a notice of amendment or
revocation under paragraph (a) or (b) as if it were a
regional improvement plan.
(4) Subject to this section, the provisions of Parts 9 and
30 10 of the Land Administration Act 1997 apply to the taking
of any land compulsorily under this section, with such
modifications as circumstances require, and in so applying
those provisions any reference to the Minister
43
Planning Legislation Amendment Bill 1998
cl. 17
administering that Act shall be read as a reference to the
Minister.
(5) For the purpose of advancing the development of
land in a region in accordance with a regional improvement
5 plan referred to in subsection (1) the Commission, with the
approval of the Governor, may --
(a) construct, repair, rehabilitate or improve
buildings, works, improvements or facilities on
land acquired or held by it under this Act;
10 (b) return, sell, lease, exchange or otherwise dispose
of any buildings, works, improvements or
facilities and the land appurtenant thereto and
any land acquired by the Commission under this
Act, to any person, or public authority upon such
15 terms and conditions as the Commission, with
the approval of the Governor, thinks fit; and
particulars of any return, sale, lease, exchange
or disposal to any person shall within one month
of the Governor's approval be notified by the
20 Commission in the Gazette;
(c) in respect of the land included in a regional
improvement plan but not acquired or held by it
under this Act, enter into an agreement with any
owner of the land relating to --
25 (i) the planning, replanning, design, redesign,
consolidation, resubdivision, clearing,
development, reconstruction or
rehabilitation of the land;
(ii) the construction, repair, rehabilitation or
30 improvement of any buildings, works,
services, improvements or facilities on the
land;
44
Planning Legislation Amendment Bill 1998
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(iii) the sale, purchase, exchange, surrender,
vesting, allocation or other disposal of the
land, the adjustment or alteration of the
boundaries of the land, the pooling of the
5 lands of several owners, the adjustment of
rights between owners of the land or other
persons interested in the land whether by
payments of money or transfers or
exchanges of land or otherwise, the
10 valuation of the land and the provision of
land for any public open space, public work
as defined by the Public Works Act 1902 or
any other public purpose;
(iv) the payment, satisfaction or recovery of
15 costs incurred in implementing the
agreement; and
(v) such other acts, matters or things as are or
may be necessary to give effect to the
regional improvement plan;
20 (d) do any act, matter or thing for the purpose of
carrying out any agreement entered into under
paragraph (c).
(6) Nothing in this section shall be construed as taking
away or in any way derogating from or diminishing any
25 power otherwise conferred by this or any other Act upon the
Commission or any other authority or body or person.
Power of Commission to direct removal, etc. of
development contrary to regional order or regional
planning scheme, etc.
30 37J. (1) The Commission or a local government
exercising the powers of the Commission may by notice in
writing served on the owner of any land situated in a
45
Planning Legislation Amendment Bill 1998
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regional order area or a part of the State to which a
regional planning scheme applies direct that owner --
(a) to cease any development begun, continued or
carried out; or
5 (b) to remove, pull down, take up or alter any
building or work erected,
on that land in contravention of the regional order or
regional planning scheme.
(2) The Commission may by notice in writing served on
10 the owner of any land situated in a regional planning
control area direct the owner to cease any development
carried out on that land in contravention of section 37C.
(3) The Commission or a local government exercising
the powers of the Commission may, in a notice served under
15 subsection (1) or (2) specify a time, being not less than
40 days after the service of that notice, within which the
directions in the notice are to be complied with.
(4) The owner on whom a notice is served under
subsection (1) or (2) may, within the period specified in the
20 notice, appeal in the manner prescribed to the Minister
against any direction in the notice.
(5) The Minister after considering an appeal under
subsection (4) may confirm, vary or cancel the direction and
the Minister may, where he confirms or varies the direction,
25 by written notice, direct that the owner shall comply with
the direction as so confirmed or varied, as the case requires,
within such period, being not less than 40 days after the
service of the notice, as is specified in the notice.
(6) When the direction appealed against is confirmed or
30 varied, the owner to whom the direction was given shall
comply with it to the extent to which it is so confirmed or
varied and within the time specified in the notice giving the
direction.
46
Planning Legislation Amendment Bill 1998
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(7) When --
(a) a notice is served under subsection (1) or (2) on
an owner of any land and the owner does not --
(i) carry out the directions; or
5 (ii) appeal against the direction under
subsection (4),
within the time specified in the notice; or
(b) on appeal by an owner of any land a direction
specified in a notice served on the owner under
10 subsection (1) or (2) is confirmed or varied under
subsection (5) and the owner fails to carry out
the direction as confirmed or varied under
subsection (5) within the time specified by the
Minister in the notice given under subsection (5),
15 the Commission or local government, as the case requires,
may itself cause --
(c) the relevant development to be stopped; or
(d) the relevant building or work to be removed,
pulled down, taken up or altered.
20 (8) Any expenses incurred by the Commission or a local
government under subsection (7) may be recovered from the
owner of the land on which --
(a) the relevant development was stopped; or
(b) the relevant building or work was removed,
25 pulled down, taken up or altered,
as a debt due in a court of competent jurisdiction.
47
Planning Legislation Amendment Bill 1998
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Injunctions
37K. (1) Without prejudice to any proceedings for an
offence against this Act, when --
(a) a person contravenes a provision of this Act, a
5 regional order or a regional planning scheme; or
(b) the Commission or a local government exercising
the powers delegated to it by the Commission
grants any application for approval to commence
or carry out development subject to conditions
10 and the development is commenced, continued or
completed contrary to or otherwise than in
accordance with any condition imposed with
respect to that development by the Commission
or the local government under this Act,
15 the Supreme Court may, on application by the Commission
or the local government, grant an injunction --
(c) if the application is with respect to a
contravention of this Act, a regional order or a
regional planning scheme, restraining the person
20 from engaging in any conduct, or doing any act,
that constitutes or is likely to constitute a
contravention of this Act, the regional order or
the regional planning scheme; or
(d) if the application is with respect to the
25 commencement, continuation or completion of a
development contrary to or otherwise than in
accordance with any condition imposed by the
Commission or the local government with respect
to the development --
30 (i) in the case in which the development is
commenced but not completed, restraining
the continuation or completion of the
development or any use thereof;
48
Planning Legislation Amendment Bill 1998
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(ii) in the case in which the development is
completed, restraining the use of the
development,
until the condition is complied with.
5 (2) An injunction granted under subsection (1) --
(a) shall have effect for such period as is specified
therein or until further order of the Court; and
(b) may be varied or rescinded by the Court.
Powers of Minister to ensure that environmental
10 conditions are met
37L. (1) In this section --
``assessed scheme'' means regional planning scheme
that is an assessed scheme within the meaning
of the EP Act;
15 ``environmental condition'' means condition agreed
under section 48F of the EP Act or decided under
section 48J of the EP Act;
``EP Act'' means Environmental Protection Act 1986;
``Minister for the Environment'' means Minister to
20 whom the Governor has for the time being
committed the administration of the EP Act;
``pollution'' has the same meaning as it has in the
EP Act.
(2) After receiving advice from the Minister for the
25 Environment under section 48H (4) of the EP Act the
49
Planning Legislation Amendment Bill 1998
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Minister may exercise one or more of the powers set out in
subsection (3) in relation to a development implementing an
assessed scheme.
(3) For the purposes of subsection (2) the Minister
5 may --
(a) by order in writing served on the person who is
undertaking the development, direct that person
to stop doing so for such period, beginning
immediately and lasting for not more than
10 24 hours, as is specified in that order;
(b) cause the Commission, or a local government
exercising the powers of the Commission, to
serve a notice on the person who is undertaking
the development directing that person to take
15 such steps as are specified in the notice, within
such period as is so specified, for the purpose
of --
(i) complying with; or
(ii) preventing any non-compliance with,
20 the environmental condition to which the advice
of the Minister for the Environment relates; or
(c) advise the Commission, or a local authority
exercising the powers of the Commission, to
cause such steps to be taken as are necessary for
25 the purpose of --
(i) complying with; or
(ii) preventing any non-compliance with,
the environmental condition to which the advice
of the Minister for the Environment relates.
50
Planning Legislation Amendment Bill 1998
cl. 18
(4) A person shall comply with an order or notice
served on the person under subsection (3) (a) or (b).
(5) Nothing in this section prevents or otherwise affects
the application of Part V of the EP Act to --
5 (a) a development referred to in subsection (2); or
(b) pollution caused by any non-compliance with an
environmental condition referred to in subsection
(3).
Crown bound
10 37M. A regional planning scheme binds the Crown.
''.
Section 58 amended
18. Section 58 of the principal Act is amended --
(a) by inserting after the section designation ``58.'' the
15 subsection designation ``(1)''; and
(b) by inserting the following subsection --
``
(2) A regulation may create an offence
punishable by a penalty not exceeding $50 000.
20 ''.
51
Planning Legislation Amendment Bill 1998
cl. 19
Schedule 2 inserted
19. The principal Act is amended by inserting after Schedule 1
the following Schedule --
``
SCHEDULE 2
[Section 37B (1)]
PURPOSES FOR WHICH LAND MAY BE REQUIRED
Item Purpose
1. Car parks.
2. Civic and cultural amenities.
3. Commonwealth Government.
4. Cultural heritage conservation.
5. Highways and important regional roads.
6. Hospitals.
7. Parks and recreation areas.
8. Port installations.
9. Prisons.
10. Public utilities.
11. Railways.
12. Schools.
13. Special uses.
14. State forests.
15. Universities.
16. Water catchments.
17. Waterways.
''.
52
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