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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sunset Hospital Site Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Governor may fix development completion day 3
5. Crown bound 3
Part 2 -- Reserve amendments
6. Terms used in this Part 4
7. Registrar of Titles to take certain measures 4
8. Class A reserve No. 1667: development area 4
9. Class A reserve No. 1667: Lot 304 4
10. Class A reserve No. 1667: Lot 305 4
11. Class A reserve No. 1667: change of purpose 5
12. Class A reserve No. 1667: management 5
13. Land Administration Act 1997 not affected 6
Part 3 -- Metropolitan Region
Scheme amendments
14. Effect of amendments 7
15. Metropolitan Region Scheme amended 7
Part 4 -- Development provisions
Division 1 -- General
16. Minister for Works may carry out development of
the development area 8
17. Compliance with written laws 8
137--1B page i
Sunset Hospital Site Bill 2006
Contents
Division 2 -- Operation of planning and other
laws affected
18. Certain planning schemes cease to apply 9
19. Certain planning schemes affecting development
area not to operate until development completion
day 9
20. Planning Minister may amend local planning
scheme 10
21. Certain local laws suspended 10
22. Operation of other laws may be suspended 11
Division 3 -- Development plan
23. Time for complying with sections 24 and 25 11
24. Development plan must be submitted to WAPC 11
25. Endorsement of development plan by WAPC and
publication 12
26. Development plan may be amended 13
Division 4 -- Development control
27. Planning and Development Act 2005 s. 135,
application of 13
28. Undertaking unauthorised developments an
offence 13
29. Application for development approval 14
30. WAPC to notify certain people of applications 14
31. WAPC's functions as to applications 15
32. Review of WAPC's decision by SAT 16
33. Building laws, operation of 17
Division 5 -- Unauthorised developments
34. Interpretation 18
35. Unauthorised developments, WAPC's powers as to 18
Part 5 -- Miscellaneous
36. Delegation 20
37. Body corporate's officers, liability of 20
38. Regulations 21
page ii
Sunset Hospital Site Bill 2006
Contents
Schedule 1 -- Sunset Hospital site
Schedule 2 -- Development plan --
building envelopes, height limits,
setbacks and public right of way
reserves
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Sunset Hospital Site Bill 2006
A Bill for
An Act to provide for the planning and development of the Sunset
Hospital Site, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Sunset Hospital Site Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Sunset Hospital Site Act 2006.
2. Commencement
5 (1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Sections 4, 8, 11, 14 and 15(1) and Parts 4 and 5 come into
operation immediately after the order under the Land
Administration Act 1997 section 46 pursuant to a request of the
10 Minister under section 12(1) becomes effective.
(3) Section 15(2) comes into operation on the development
completion day.
3. Interpretation
(1) In this Act, unless the contrary intention appears --
15 "development" has the meaning given to that term by the
Planning and Development Act 2005 section 4, but does
not include any work, act or activity declared by
regulations made under this Act not to constitute
development;
20 "development approval" means a development approval
issued by the WAPC under Part 4 Division 4;
"development area" means the land comprising lot 301;
"development commencement day" means the day on which
section 8 comes into operation;
25 "development completion day" means the day fixed under
section 4;
"development period" means the period beginning on the
development commencement day and ending immediately
before the development completion day;
page 2
Sunset Hospital Site Bill 2006
Preliminary Part 1
s. 4
"development plan" means the development plan in operation
under Part 4 Division 3;
"local planning scheme" has the meaning given to that term by
the Planning and Development Act 2005 section 4;
5 "Metropolitan Region Scheme" has the meaning given to that
term by the Planning and Development Act 2005 section 4;
"Minister for Lands" means the body corporate of that name
referred to in the Land Administration Act 1997
section 7(1);
10 "Minister for Works" means the body corporate created by the
Public Works Act 1902 section 5;
"Planning Minister" means the Minister of the Crown to
whom the Governor has for the time being committed the
administration of the Planning and Development Act 2005;
15 "WAPC" means the Western Australian Planning Commission
established by the Planning and Development Act 2005.
(2) A reference in this Act to a lot is a reference to the lot as shown
on deposited plan 49483.
(3) Deposited plan 49483 referred to in this Act is held by the
20 department of the Public Service that principally assists in the
administration of the Transfer of Land Act 1893.
(4) An indicative plan of deposited plan 49483 is in Schedule 1.
4. Governor may fix development completion day
On the recommendation of the Planning Minister, the Governor,
25 by a proclamation published in the Gazette, may fix a day as the
development completion day.
5. Crown bound
This Act binds the Crown.
page 3
Sunset Hospital Site Bill 2006
Part 2 Reserve amendments
s. 6
Part 2 -- Reserve amendments
6. Terms used in this Part
In this Part --
"class A reserve" has the meaning given to that term in the
5 Land Administration Act 1997 section 3(1).
7. Registrar of Titles to take certain measures
(1) The Registrar of Titles must take any necessary measures to
register the amendments to, reservations and classifications of,
and other changes to land, effected by sections 8, 9, 10 and 11,
10 and for that purpose those sections may be treated as if they
were orders under the Land Administration Act 1997.
(2) The Registrar of Titles must do all things necessary under the
Transfer of Land Act 1893 to record in the register kept under
that Act the matter effected by section 8(2).
15 8. Class A reserve No. 1667: development area
(1) Class A reserve No. 1667 is amended by excising the
development area.
(2) The development area is transferred to the Minister for Works
in fee simple.
20 9. Class A reserve No. 1667: Lot 304
(1) Class A reserve No. 1667 is amended by excising the land in
Lot 304.
(2) Class A reserve No. 17391 is amended by adding the land
excised under subsection (1).
25 10. Class A reserve No. 1667: Lot 305
(1) Class A reserve No. 1667 is amended by excising the land in
lot 305.
page 4
Sunset Hospital Site Bill 2006
Reserve amendments Part 2
s. 11
(2) Class A reserve No. 29174 is amended by adding the land
excised under subsection (1).
11. Class A reserve No. 1667: change of purpose
(1) The purpose for which Class A reserve No. 1667 is reserved
5 under the Land Administration Act 1997 Part 4 is changed to the
purposes of "Use and requirements of the University of Western
Australia".
(2) The purposes referred to in subsection (1) are to be taken to
include --
10 (a) arts, cultural and community purposes and ancillary
commercial or other purposes; and
(b) the purposes referred to in section 12(3)(a).
12. Class A reserve No. 1667: management
(1) The Minister for Lands must, on being requested by the
15 Minister for Works to do so, by order under the Land
Administration Act 1997 section 46 --
(a) subject to the conditions set out in subsection (3), place
the care, control and management of Class A reserve
No. 1667 with the University of Western Australia; and
20 (b) subject to the University of Western Australia Act 1911
section 15 as applied by subsection (4), confer on the
University of Western Australia power to grant a lease
or sublease or licence over the whole or any part of the
Crown land within Class A reserve No. 1667 for the
25 purposes referred to in section 11.
(2) An order may be made for the purposes of subsection (1) before
the coming into operation of section 11 as if that section were in
operation.
(3) Without limiting the Land Administration Act 1997 section 46,
30 the care, control and management of Class A reserve No. 1667
page 5
Sunset Hospital Site Bill 2006
Part 2 Reserve amendments
s. 13
pursuant to an order referred to in subsection (1) is subject to
the following conditions --
(a) the land in lot 303 is not to be developed or used
otherwise than for the purposes of a residential aged
5 care facility and ancillary purposes;
(b) the University of Western Australia is to enter into a
Heritage Agreement under the Heritage of Western
Australia Act 1990 section 29 in relation to lots 302 and
303.
10 (4) The University of Western Australia Act 1911 sections 14 and
15 apply to land in respect of which an order referred to in
subsection (1) is made as if that land were land vested in the
University of Western Australia.
(5) The Minister for Lands' approval under the Land
15 Administration Act 1997 section 18 is not required for the
exercise of a power referred to in subsection (1)(b).
(6) In subsection (3)(a) --
"residential aged care facility" does not include a retirement
village as defined in the Retirement Villages Act 1992.
20 13. Land Administration Act 1997 not affected
Except as expressly provided under this Part, nothing in this
Part affects the powers conferred under the Land Administration
Act 1997 on the Minister for Lands in relation to Class A
reserve No. 1667.
page 6
Sunset Hospital Site Bill 2006
Metropolitan Region Scheme amendments Part 3
s. 14
Part 3 -- Metropolitan Region Scheme amendments
14. Effect of amendments
(1) The amendments to the Metropolitan Region Scheme effected
by this Part have effect as though the provisions were enacted
5 under the Planning and Development Act 2005.
(2) Nothing in this Part affects the operation of the Planning and
Development Act 2005 with respect to amendments to the
Metropolitan Region Scheme as amended by this Act.
15. Metropolitan Region Scheme amended
10 (1) The Metropolitan Region Scheme is amended as follows:
(a) by changing the reservation of lot 302 from "Public
Purposes -- Hospitals" and "Parks and Recreation" to
"Public Purposes -- University";
(b) by changing the reservation of lot 303 from "Parks and
15 Recreation" to "Public Purposes -- Special Use";
(c) by changing the reservation of lot 305 from "Public
Purposes -- Hospitals" and "Parks and Recreation" to
"Parks and Recreation".
(2) The Metropolitan Region Scheme is amended by deleting the
20 reservation of the development area as "Public Purposes --
Hospital" and zoning that area as "Urban".
page 7
Sunset Hospital Site Bill 2006
Part 4 Development provisions
Division 1 General
s. 16
Part 4 -- Development provisions
Division 1 -- General
16. Minister for Works may carry out development of the
development area
5 (1) The Minister for Works may do all things necessary to plan,
undertake, promote and coordinate the development of the
development area.
(2) Without limiting subsection (1) the Minister for Works may do
any or all of the following --
10 (a) hold, deal with, and dispose of the development area;
(b) sign any document in connection with dealing with or
disposing of the development area;
(c) develop the development area;
(d) enter into any contract or arrangement with any person,
15 including a public authority or a local government, for
the performance by the person of any work or the supply
of equipment or services;
(e) apply for the grant of any licence or other authority
required for the purposes of this Act.
20 (3) The Minister for Works must perform functions under this
section in accordance with the development plan.
(4) The Minister for Works must not perform functions under this
section after the development completion day.
17. Compliance with written laws
25 Nothing in this Division is to be read as conferring on the
Minister for Works in the performance of functions under
section 16 any immunity from the operation of any written law.
page 8
Sunset Hospital Site Bill 2006
Development provisions Part 4
Operation of planning and other laws affected Division 2
s. 18
Division 2 -- Operation of planning and other laws affected
18. Certain planning schemes cease to apply
(1) In this section --
"planning scheme" means --
5 (a) the Metropolitan Region Scheme; or
(b) a local planning scheme.
(2) On the development commencement day, any planning scheme
that applies to the development area immediately before that
day ceases to apply to that area and to any development of that
10 area commenced on or after that day.
(3) The Interpretation Act 1984 section 37 applies in respect of
subsection (2) as if the planning scheme were an enactment and
the subsection repealed the scheme.
(4) Subsection (2) does not affect the operation of section 19.
15 (5) On the development completion day any planning scheme that,
but for subsection (2), would apply to the development area,
applies to the development area.
19. Certain planning schemes affecting development area not to
operate until development completion day
20 (1) A local planning scheme, or an amendment to such a scheme,
made during the development period, insofar as it applies to the
development area, has no effect until the development
completion day.
(2) Subject to subsection (1), this Act does not prevent a local
25 planning scheme or an amendment referred to in subsection (1),
being made during the development period so as to commence
on the development completion day.
page 9
Sunset Hospital Site Bill 2006
Part 4 Development provisions
Division 2 Operation of planning and other laws affected
s. 20
20. Planning Minister may amend local planning scheme
(1) The Planning Minister may --
(a) prepare an amendment to a specified local planning
scheme to ensure that the planning scheme does not --
5 (i) prevent any development that would be
permitted; or
(ii) allow any development that would not be
permitted,
in the development area immediately before the
10 development completion day under the development
plan; and
(b) cause the amendment to be published in the Gazette as if
it were an amendment made under the Planning and
Development Act 2005 Part 5.
15 (2) An amendment published in the Gazette under subsection (1)
takes effect on and from the date of publication and has effect as
if it were an amendment made under the Planning and
Development Act 2005 Part 5.
21. Certain local laws suspended
20 (1) In this section --
"building local laws" means local laws made under the Local
Government (Miscellaneous Provisions) Act 1960
section 433.
(2) On the development commencement day any building local
25 laws made by the City of Nedlands cease to apply to the
development area.
(3) The Interpretation Act 1984 section 37 applies in respect of
subsection (2) as if that subsection repealed the building local
laws.
30 (4) On the development completion day any building local laws
made by the City of Nedlands that, but for subsection (2), would
page 10
Sunset Hospital Site Bill 2006
Development provisions Part 4
Development plan Division 3
s. 22
apply to the development area, commence to apply to the
development area.
22. Operation of other laws may be suspended
The Planning and Development Act 2005 section 132, with any
5 necessary changes, applies for the purpose of carrying out the
development plan as if a reference in that section --
(a) to an Act were a reference to a written law; and
(b) to an approved scheme were a reference to that
development plan; and
10 (c) to the responsible authority were a reference to the
Minister for Works.
Division 3 -- Development plan
23. Time for complying with sections 24 and 25
The actions required under sections 24 and 25 must be done as
15 soon as practicable after the development commencement day.
24. Development plan must be submitted to WAPC
(1) The Minister for Works must submit a draft development plan
to the WAPC for its approval.
(2) The Minister for Works must include in the plan any provision
20 that the Minister considers will promote the orderly and proper
planning, development and management of the development
area.
(3) The draft development plan must include the following
requirements --
25 (a) that only residential units and associated works are to be
built on the development area;
(b) that there can be no staged development on the
development area and that the area is to be developed as
a single development;
page 11
Sunset Hospital Site Bill 2006
Part 4 Development provisions
Division 3 Development plan
s. 25
(c) that 3 building envelopes are to be established on the
development area as set out in the plan shown in
Schedule 2 and that no structures are to be constructed
outside of those envelopes;
5 (d) that the height limits and setbacks for each building
envelope are to be as set out in the plan shown in
Schedule 2;
(e) that not more than 57 residential units are to be built on
the development area and that at least 8 of the residential
10 units are to be not more than 90 m2 in area;
(f) that all car parking for the residential units is to be
located below ground level or within a building
envelope with access from Iris Avenue;
(g) that the design for the residential units is to incorporate
15 the retention of significant trees on the development
area;
(h) that public right of way reserves are to be provided
across the development area as set out in the plan shown
in Schedule 2.
20 (4) The draft development plan may include any other provision
that may be included in a local planning scheme under the
Planning and Development Act 2005.
25. Endorsement of development plan by WAPC and
publication
25 (1) If the WAPC approves the draft development plan and is
satisfied that it complies with section 24(3), the WAPC must
endorse on the plan a record of its approval.
(2) After the draft development plan is endorsed by the WAPC, the
Minister for Works must publish a notice in the Gazette of
30 where and when a copy of the plan can be inspected and where
and when a copy can be obtained.
page 12
Sunset Hospital Site Bill 2006
Development provisions Part 4
Development control Division 4
s. 26
(3) The development plan comes into operation on the day which
the notice is published under subsection (2), or on any later day
specified in the plan.
(4) Regulations made under this Act may prescribe a fee for
5 obtaining a copy of the development plan.
26. Development plan may be amended
(1) The Minister for Works may amend the development plan.
(2) Sections 24 and 25, with any necessary changes, apply to an
amendment as if any reference in those sections to a
10 development plan were a reference to the amendment.
Division 4 -- Development control
27. Planning and Development Act 2005 s. 135, application of
When exercising any power under the Planning and
Development Act 2005 section 135 in relation to a part of the
15 development area the WAPC must have regard to the
development plan.
28. Undertaking unauthorised developments an offence
(1) A person who, in the development period, undertakes any
development on any part of the development area, or causes any
20 such development to be undertaken, commits an offence unless
the development is authorised by a development approval.
(2) A person who, while a development approval is in force,
undertakes any development, or causes any such development to
be undertaken, that contravenes the approval, or any condition
25 to which the approval is subject, commits an offence.
(3) A person who commits an offence under subsection (1) or (2) is
liable to a fine of $50 000 and, for each separate and further
offence committed by the person under the Interpretation
Act 1984 section 71, a fine of $5 000.
page 13
Sunset Hospital Site Bill 2006
Part 4 Development provisions
Division 4 Development control
s. 29
(4) To avoid doubt, subsections (1) and (2) apply to the Minister for
Works.
(5) It is immaterial for the purposes of this Division that a
development is undertaken in the performance of a function
5 vested in a person by a written law.
29. Application for development approval
(1) An application for a development approval must be made to the
WAPC in the prescribed form with the fee (if any) prescribed by
the regulations.
10 (2) An application must be accompanied by plans and
specifications of the proposed development.
(3) The applicant must provide any information or documents
relating to the proposed development that the WAPC may
reasonably require.
15 (4) An application cannot be made under this section on or after the
development completion day.
30. WAPC to notify certain people of applications
(1) On receiving an application for a development approval made
under section 29, the WAPC must give written notice of its
20 particulars to --
(a) the chief executive officer of the department of the
Public Service principally assisting the Minister in the
administration of this Act; and
(b) the City of Nedlands; and
25 (c) the Heritage Council established under the Heritage of
Western Australia Act 1990 section 5; and
(d) the University of Western Australia; and
(e) any other public authority that appears to the WAPC to
have functions relevant to, or whose operations are
30 likely to be affected by, the proposed development.
page 14
Sunset Hospital Site Bill 2006
Development provisions Part 4
Development control Division 4
s. 31
(2) A person notified under subsection (1) may make submissions
to the WAPC about the proposed development.
31. WAPC's functions as to applications
(1) In considering an application for a development approval made
5 under section 29, the WAPC must have regard to --
(a) the development plan; and
(b) any submissions received from a person notified under
section 30(1); and
(c) the requirements of orderly and proper planning; and
10 (d) the preservation of the amenities of the area.
(2) After considering an application for a development approval
made under section 29, the WAPC may --
(a) refuse to issue a development approval for the proposed
development; or
15 (b) issue such an approval; or
(c) issue such an approval subject to any condition decided
by the WAPC.
(3) Without limiting subsection (2)(c), a development approval may
be issued subject to a condition limiting the time for which the
20 approval remains in force.
(4) The WAPC must not act under subsection (2) until --
(a) at least 42 days after the day on which section 30(1) is
complied with; or
(b) final submissions are made to it by each person notified
25 under section 30(1),
whichever occurs first.
(5) If on the development completion day the WAPC has not acted
under subsection (2) in respect of an application, the WAPC
must forward the application, and any submissions received
page 15
Sunset Hospital Site Bill 2006
Part 4 Development provisions
Division 4 Development control
s. 32
from a person notified under section 30(1), to the person or
persons to whom, under --
(a) the Metropolitan Region Scheme; or
(b) a local planning scheme that operates in respect of the
5 land to which the application relates,
an application for approval for development must be made.
(6) An application that is forwarded under subsection (5) is to be
taken to be an application for approval for development made
under --
10 (a) the Metropolitan Region Scheme; or
(b) a local planning scheme that operates in respect of the
land to which the application relates,
as the case requires.
(7) The WAPC must give written notice of any decision under
15 subsection (2), or any action taken under subsection (5), to the
applicant and each person notified under section 30(1).
(8) Subject to any condition limiting the time for which it remains
in force, a development approval remains in force on and after
the development completion day if the development to which it
20 applies has not been completed before the development
completion day.
32. Review of WAPC's decision by SAT
An applicant for a development approval may apply to the State
Administrative Tribunal for a review, in accordance with the
25 Planning and Development Act 2005 Part 14, of a decision
made under section 31 in respect of the applicant's application.
page 16
Sunset Hospital Site Bill 2006
Development provisions Part 4
Development control Division 4
s. 33
33. Building laws, operation of
(1) In this section --
"building laws" means --
(a) the Local Government (Miscellaneous Provisions)
5 Act 1960 Part XV, other than Part XV Division 20;
and
(b) regulations made under Part XV Division 20 of
that Act.
(2) Insofar as the building laws apply to or in respect of any
10 building that is or may be constructed, or to any activity that is
or may be carried out, on the development area, the building
laws apply until but not including the development completion
day as if --
(a) any reference in them to the local government were
15 instead a reference to the Minister for Works; and
(b) any reference in them to the chief executive officer of
the local government were instead a reference to the
Minister for Works.
(3) Until but not including the development completion day, the
20 Minister for Works has and may perform any function under the
building laws that the City of Nedlands has in respect of any
building that is or may be constructed, or of any activity that is
or may be carried out, on the development area.
(4) On the development completion day any decision made under
25 the building laws by the Minister for Works in respect of any
matter connected with the development area has effect as if it
had been made by the City of Nedlands.
(5) On or as soon as practicable after the development completion
day the Minister for Works must give the City of Nedlands --
30 (a) a copy of any approval, licence or other document
issued by the Minister for Works under the building
laws in respect of any matter connected with the
development area; and
page 17
Sunset Hospital Site Bill 2006
Part 4 Development provisions
Division 5 Unauthorised developments
s. 34
(b) any application that has been made under the building
laws to the Minister for Works in respect of any matter
connected with the development area and that has not
been decided by the Minister for Works; and
5 (c) any fee received by the Minister for Works in respect of
any such application; and
(d) any other document received by the Minister for Works
under the building laws in respect of any matter
connected with the development area.
10 (6) On receiving an application referred to in subsection (5)(b), the
City of Nedlands must deal with it as if it had been made to the
City of Nedlands.
Division 5 -- Unauthorised developments
34. Interpretation
15 In this Division --
"unauthorised development" means any development --
(a) that occurs in the development period and that is not
authorised by a development approval; or
(b) that contravenes a development approval or any
20 condition to which a development approval is subject.
35. Unauthorised developments, WAPC's powers as to
(1) The WAPC, by a written notice served on the person, may --
(a) direct a person who has undertaken an unauthorised
development to remove, pull down, take up, or alter the
25 development and to do so before a day specified in the
notice being a day not less than 21 days after the day on
which the notice is served; or
(b) direct a person who is undertaking an unauthorised
development to stop doing so immediately; or
30 (c) give both such directions to one person.
page 18
Sunset Hospital Site Bill 2006
Development provisions Part 4
Unauthorised developments Division 5
s. 35
(2) If under subsection (1) a person is given a direction, the person
may apply to the State Administrative Tribunal for a review, in
accordance with the Planning and Development Act 2005
Part 14, of the decision to give the direction.
5 (3) If an application is made under subsection (2) in respect of a
direction given under subsection (1)(a), the direction is
suspended pending the determination of the application.
(4) If the State Administrative Tribunal confirms or varies the
direction given under subsection (1)(a), it may, by written notice
10 served on the person, direct the person to comply with the
direction as so confirmed or varied, before a day specified in the
notice being a day not less than 21 days after the day on which
the notice is served.
(5) A person served with a notice under this section must obey it.
15 Penalty:
(a) a fine of $50 000; and
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
section 71, a fine of $5 000.
20 (6) If a person does not obey a notice served on the person under
subsection (1)(a) and --
(a) an application is not made under subsection (2) within
the time allowed for doing so; or
(b) such an application is made and is determined,
25 the WAPC, subject to the determination, may itself remove, pull
down, take up or alter the development.
(7) The WAPC may recover the costs incurred by the WAPC in
exercising the powers in subsection (6) from the person who did
not obey as a debt in a court of competent jurisdiction.
page 19
Sunset Hospital Site Bill 2006
Part 5 Miscellaneous
s. 36
Part 5 -- Miscellaneous
36. Delegation
(1) The Minister for Works may delegate to a person any function
of the Minister for Works under another provision of this Act.
5 (2) The delegation must be in writing signed by the Minister for
Works.
(3) A person performing a function delegated under subsection (1)
is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
10 (4) This section does not limit the Minister for Works' ability to act
through an officer or agent.
37. Body corporate's officers, liability of
(1) In this section --
"officer" of a body corporate has the meaning given to the term
15 in the Corporations Act 2001 of the Commonwealth but
does not include an employee of the body unless the
employee was concerned in the management of the body.
(2) If a body corporate is charged with an offence under this Act,
every person who was an officer of the body at the time of the
20 alleged offence may also be charged with the offence.
(3) If a body corporate and an officer are charged as permitted by
subsection (2) and the body corporate is convicted of the
offence, the officer is to be taken to have also committed the
offence, subject to subsection (6).
25 (4) If a body corporate commits an offence under this Act, then,
although the body is not charged with the offence, every person
who was an officer of the body at the time the offence was
committed may be charged with the offence.
(5) If an officer is charged as permitted by subsection (4) and it is
30 proved that the body corporate committed the offence, the
page 20
Sunset Hospital Site Bill 2006
Miscellaneous Part 5
s. 38
officer is to be taken to have also committed the offence, subject
to subsection (6).
(6) If under this section an officer is charged with an offence it is a
defence to prove --
5 (a) that the offence was committed without the officer's
consent or connivance; and
(b) that the officer took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
10 the officer's functions and to all the circumstances.
38. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed, for giving effect to the
15 purposes of this Act.
(2) Without limiting subsection (1), regulations may provide for --
(a) the procedure to be followed in applications for approval
under Part 4 Division 4; and
(b) the imposition and payment of fees and charges in
20 connection with those applications.
page 21
Sunset Hospital Site Bill 2006
Schedule 1 Sunset Hospital site
Schedule 1 -- Sunset Hospital site
[s. 3(4)]
page 22
Sunset Hospital Site Bill 2006
Development plan -- building envelopes, height limits, setbacks Schedule 2
and public right of way reserves
Schedule 2 -- Development plan -- building envelopes,
height limits, setbacks and public right of way reserves
[s. 24(3)]
page 23
Sunset Hospital Site Bill 2006
Schedule 2 Development plan -- building envelopes, height limits,
setbacks and public right of way reserves
page 24
Sunset Hospital Site Bill 2006
Development plan -- building envelopes, height limits, setbacks Schedule 2
and public right of way reserves
page 25
Sunset Hospital Site Bill 2006
Schedule 2 Development plan -- building envelopes, height limits,
setbacks and public right of way reserves
page 26
Sunset Hospital Site Bill 2006
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
building laws..............................................................................................33(1)
building local laws .....................................................................................21(1)
class A reserve ................................................................................................. 6
development................................................................................................ 3(1)
development approval.................................................................................. 3(1)
development area ........................................................................................ 3(1)
development commencement day ................................................................ 3(1)
development completion day ....................................................................... 3(1)
development period ..................................................................................... 3(1)
development plan ........................................................................................ 3(1)
local planning scheme ................................................................................. 3(1)
Metropolitan Region Scheme....................................................................... 3(1)
Minister for Lands....................................................................................... 3(1)
Minister for Works ...................................................................................... 3(1)
officer ........................................................................................................37(1)
Planning Minister ........................................................................................ 3(1)
planning scheme.........................................................................................18(1)
residential aged care facility .......................................................................12(6)
unauthorised development .............................................................................. 34
WAPC ........................................................................................................ 3(1)
page 27
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