PLANNING AND DEVELOPMENT ACT 2005

Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

PLANNING AND DEVELOPMENT ACT 2005

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Purposes of this Act
4. Terms used in this Act
5. Crown bound
6. Act does not interfere with public works

PART 2 -- The Western Australian Planning Commission

Division 1 -- Establishment and management

7. Commission established
8. Status
9. Management
10. Membership of board
11. Associate members
12. Constitution and proceedings
13. Remuneration and allowances

Division 2 -- Functions and powers

14. Functions of the Commission
15. Powers
16. Delegation by Commission
17. Directions by Minister
18. Minister to have access to information
19. Committees
20. Fees

Division 3 -- Administration

21. Secretary
22. Staff of Commission
23. Use of staff and facilities of public authorities

Division 4 -- Miscellaneous

24. Execution of documents

PART 3 -- State planning policies

25. Continuation of statements of planning policy
26. Preparation of State planning policy
27. Matters to which Commission is to have regard
28. Consultation
29. Approval of Governor
30. Publication of State planning policy
31. Amendment or repeal of State planning policy
32. Environmental review

PART 4 -- Region planning schemes

Division 1 -- Continuation and formulation of region planning schemes

33. Planning schemes continued
34. Region planning schemes
35. Preparation of region planning scheme or amendment
36. Restrictions on making or amendment of region planning scheme for metropolitan region
37. Region planning scheme may be amended or repealed

Division 2 -- Prerequisites to region planning scheme or amendment

38. All proposed region planning schemes and amendments to be referred to EPA
39. Environmental review and consent to public submissions
40. Referrals to Swan Valley Planning Committee before public submissions

Division 3 -- Making of region planning scheme and amendments

41. Procedure
42. Consent to public submissions
43. Deposit and notification of scheme or amendment
44. Submissions to Commission
45. Role of Commission in relation to environmental submissions on scheme or amendment
46. Person making submission may be heard
47. Referrals to Swan Valley Planning Committee after public submissions
48. Submissions to Minister
49. Minister may withdraw scheme or amendment
50. Prerequisite for final approval of Minister
51. Directions by Minister
52. Procedure on modifications
53. Approval of Governor
54. Publication of scheme or amendment
55. Approval of scheme or amendment may be revoked
56. Scheme or amendment may be disallowed

Division 4 -- Minor amendments to region planning scheme

57. Minor amendment
58. Notification of minor amendment
59. Consideration of submissions on minor amendment
60. Role of Commission in relation to environmental submissions on minor amendment
61. Prerequisite for final approval by Minister of proposed minor amendment
62. Minister may approve or decline to approve minor amendment

Division 5 -- Consolidation of region planning scheme

63. Minister may direct consolidation
64. Maps, plans, diagrams may be added or substituted
65. Certification and delivery of consolidation
66. Proof of consolidation
67. Consolidation of portion of region planning scheme

PART 5 -- Local planning schemes

Division 1 -- Continuation and formulation of local planning schemes

68. Town planning schemes continued as local planning schemes
69. General objects of local planning scheme
70. Scheme may be made for land outside scheme or be concurrent with another scheme
71. Prohibition on making local planning scheme in redevelopment area
72. Local government may prepare or adopt scheme
73. Provisions of local planning scheme
74. Local planning scheme may be repealed
75. Local planning scheme may be amended

Division 2 -- Minister’s powers in relation to local planning schemes

76. Minister may order local government to prepare or adopt local planning scheme

Division 3 -- Relevant considerations in preparation or amendment of local planning scheme

77. Effect of State planning policy
78. Schemes and amendments applicable to the Swan Valley
79. Advice from Heritage Council
80. Swan River management programme
81. Referral of scheme or amendment to EPA
82. Environmental review
83. Consultation of persons likely to be affected

Division 4 -- Advertisement and approval

84. Advertisement of scheme or amendment
85. Role of local governments in relation to environmental submissions
86. Prerequisite to final approval by Minister
87. Approval and publication of scheme or amendment

Division 5 -- Review of local planning schemes

88. Local government to prepare consolidation
89. Submissions on consolidated scheme
90. Report on scheme
91. Procedure where no change to scheme
92. Procedure where amendments proposed
93. Effect of publication of consolidation
94. Procedure where new scheme prepared following report
95. Procedure where scheme repealed following report
96. Consolidation of 2 or more local planning schemes

Division 6 -- Crown land

97. Planning of town and suburban lands

PART 6 -- Interim development orders

Division 1 -- Regional interim development orders

98. Regional interim development orders
99. Contents of regional interim development order
100. Consultation with local government on development approval
101. Restrictions on power to grant development approval

Division 2 -- Local interim development orders

102. Local interim development orders
103. Contents of local interim development orders

Division 3 -- Provisions applying to regional and local interim development orders

104. Consultation with public authorities and utility services providers
105. Publication of summary of interim development order
106. Administration of interim development order
107. Effect and duration of interim development order
108. Effect on continued use and permitted development
109. Amendment of interim development order
110. Revocation of interim development order
111. Non-conforming development by local government or public authority

PART 7 -- Planning control areas

112. Declaration of planning control areas
113. Declaration may be amended or revoked
114. Duration of declaration
115. Applications for approval of development in planning control areas
116. Commission may approve or refuse application
117. Commission may revoke approval
118. Effect of Part

PART 8 -- Improvement plans

119. Commission may recommend improvement plan
120. Improvement plan may be amended or revoked
121. Commission may develop land included in improvement plan
122. Nothing in this Part derogates from other powers

PART 9 -- Relationship between region planning schemes, local planning schemes, planning control provisions and written laws

123. Local planning schemes and local laws to be consistent with region planning scheme
124. Effect of region planning scheme on local planning scheme
125. Minister may direct local government to amend local planning scheme for consistency
126. Zoning amended by region planning scheme
127. Minister may direct local government to modify proposed scheme or amendment
128. Minister may direct local government to adopt scheme or amendment
129. Effect of interim development order on local planning scheme and local laws
130. Planning control area provisions prevail
131. Compliance with local government regulations
132. Governor may suspend operation of certain written laws

PART 10 -- Subdivision and development control

Division 1 -- Application

133. Application to Crown land
134. Application, and effect, of other written laws

Division 2 -- Approval for subdivision and certain transactions

135. Approval required for subdivision
136. Approval required for certain transactions where land not dealt with as a lot or lots
137. Applications in respect of heritage land
138. Approval of Commission
139. Approved classes of lease or licence
140. Saving of certain agreements
141. Refund where transaction cannot be completed
142. Objections and recommendations
143. How Commission is to deal with plan of subdivision
144. Reconsideration of refusal to approve plan of subdivision
145. Endorsement of approval upon diagram or plan of survey of subdivision
146. No certificate of title for subdivided land without endorsement of Commission approval
147. Approval required for certain transfers and other dealings

Division 3 -- Conditions of subdivision

148. Conditions as to development
150. Conditions on road access
151. Reconsideration of conditions
152. Certain land to vest in the Crown
153. When owner may pay money in lieu of land being set aside for open space
154. How money received in lieu of open space is to be dealt with
155. How value of portion is determined
156. Dispute as to valuation
157. When approval of subdivision is deemed to be approval under planning scheme

Division 4 -- Subdivision costs

158. Expenses of road or waterway construction and road drainage
159. Subdivider may recover portion of road costs from subsequent subdivider
160. How subdivision costs recovered
161. When land is subdivided

Division 5 -- Development controls

162. Development requires approval
163. Heritage places
164. Development may be approved after commencement

Division 6 -- Miscellaneous

165. Record of conditions on title
166. Encroachments
167. Easements
168. Roads
169. Commission may fix minimum standards of construction
170. Local government to be provided with specifications for roads and waterways

PART 11 -- Compensation and acquisition

Division 1 -- General matters in relation to compensation

171. Only one entitlement to compensation

Division 2 -- Compensation where land injuriously affected by planning scheme

172. Meaning of terms used in this Division
173. Entitlement to compensation where land injuriously affected by planning scheme
174. When land is injuriously affected
175. No entitlement to compensation where provisions are, or could have been, in certain other laws
176. How questions determined
177. When compensation is payable if land reserved for public purpose
178. When claim for compensation may be made
179. Amount of compensation for injurious affection arising out of reservation for public purposes
180. Notification may be lodged if compensation paid
181. Responsible authority may recover compensation if reservation revoked or reduced
182. Board of Valuers
183. Valuations by the Board

Division 3 -- Other compensation

184. Betterment, and compensation where scheme amended or repealed
185. Compensation in relation to interim development order
186. Compensation in relation to planning control areas

Division 4 -- Purchase or compulsory acquisition

187. Election to acquire instead of compensation
188. How value of land is to be determined
189. Commission may purchase land before scheme has force of law
190. Responsible authority may purchase land
191. Responsible authority may take land comprised in scheme
192. Valuation of land or improvements acquired by responsible authority
193. Responsible authority has powers of owner of land
194. Responsible authority may grant easements
195. Commission may acquire land included in improvement plan
196. Commission may dispose of land acquired by it
197. Governor may declare land to be held and used for region planning scheme

PART 12 -- Financial provisions

Division 1 -- Metropolitan Region Improvement Fund

198. Metropolitan Region Improvement Fund
199. Use of MRI Account

Division 2 -- Metropolitan Region Improvement Tax

200. Owners’ liability to pay Metropolitan Region Improvement Tax
201. How tax collections are dealt with

Division 3 -- Financial provisions relating to the Commission

202. Saving
203. Funds of the Commission
204. Approval of the Minister to certain expenditure
205. Borrowing restrictions
206. Borrowing from Treasurer
207. Guarantees of borrowing etc.
208. Application of Financial Management Act 2006 and Auditor General Act 2006
209. Land of Commission not subject to rates etc.

Division 4 -- Financial provisions relating to local governments

210. Apportionment of expenses between local governments

PART 13 -- Enforcement and legal proceedings

Division 1 -- Enforcement

211. Minister may give orders to local government
212. Minister may assume powers of local government or enforce review decision
213. Effect of amendment, scheme, consolidation or repeal prepared by Minister
214. Directions by responsible authority regarding unauthorised development
215. Responsible authority may remove or alter unauthorised development
216. Injunction
217. Powers of Minister to ensure that environmental conditions are met

Division 2 -- Offences

218. Contravention of planning scheme
219. Unauthorised subdivision works
220. Development in planning control area without prior approval
221. Contravention of interim development order
222. Development in heritage place without approval
223. Penalty for offence
224. Other enforcement provisions not affected
225. Onus of proof in vehicle offence may be shifted

Division 3 -- Infringement notices

226. Interpretation
227. Prescribed offences
228. Giving of infringement notice
229. Content of infringement notice
230. Extension of time
231. Withdrawal of infringement notice
232. Benefit of paying modified penalty
233. Application of penalties collected
234. Appointment of designated persons
235. Notice placing onus on vehicle owner

PART 14 -- Applications for review

Division 1 -- Making and determination of applications for review

236. When this Part applies
237. Terms used in this Part
237A. Constitution of State Administrative Tribunal
238. Qualifications of members
239. Representation
240. Tribunal to invite submissions from Minister for the Environment before determining certain applications
241. Tribunal to have regard to certain matters
242. Submissions from persons who are not parties
243. Exclusion of powers to join parties
244. Review by President
245. Minister may make submissions
246. Minister may call in application
247. Determination of application by Minister
248. Laying before House of Parliament that is not sitting

Division 2 -- Decisions which may be reviewed

249. Application for review of decision under interim development order
250. Application for review of decision in respect of development in planning control area
251. Application for review of certain decisions under Part 10
252. Application for review of exercise of discretionary power under a planning scheme
253. Notice of default for purposes of this Division

Division 3 -- Other applications for review

254. Application for review of decision under section 48I of EP Act
255. Application for review of section 214 direction

PART 15 -- Subsidiary legislation

Division 1 -- Subsidiary legislation made by Minister

256. General provisions of planning schemes
257. Court may order compensation in respect of certain breaches of general regulations
258. Procedure and costs for local planning schemes
259. Environmental review expenses
260. Penalties

Division 2 -- Subsidiary legislation made by Governor

261. Local government fees
262. Uniform general local laws
263. Governor may make regulations

Division 3 -- General

264. Regulations may adopt codes and other texts

PART 16 -- Miscellaneous

265. Delegation by Minister
266. Duties and liabilities of persons performing functions under this Act
267. Protection from liability for wrongdoing
268. Review of Act
SCHEDULE 1 -- Constitution and proceedings of the Board
SCHEDULE 2 -- Committees
SCHEDULE 3 -- Metropolitan region
SCHEDULE 4 -- Other regions
SCHEDULE 5 -- Local governments -- metropolitan region
SCHEDULE 6 -- Planning control areas: purposes for which land may be required
SCHEDULE 7 -- Matters which may be dealt with by planning scheme
SCHEDULE 8 -- Matters for which local laws may be made by Governor
SCHEDULE 9 -- Board of Valuers
Compilation table

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]