PLANNING AND DEVELOPMENT ACT 2005 - SCHEDULE 9
PLANNING AND DEVELOPMENT ACT 2005 - SCHEDULE 9
[s. 182(5)]
In this Schedule
—
Board means the Board of Valuers established under
section 182.
Subject to clause 4 a
member of the Board holds office for a term of 2 years and is eligible for
reappointment.
The Board is
constituted by the chairperson of the Board and any 2 other members of the
Board and may meet despite there being a vacancy on the Board.
4 . Resignation or removal from office
(1) A member of the
Board may resign by written notice.
(2) The Governor may
remove a member of the Board from office if the member —
(a)
misbehaves or is incompetent; or
(b) is
suffering from a permanent physical or mental incapacity that impairs the
performance of the member’s functions.
(1) The members of the
Board are entitled to such fees and expenses, in respect of attendances at
meetings of, or while engaged in the business of, the Board, as the Minister
may from time to time determine.
(2) In determining
under subclause (1) fees to which members of the Board are entitled while
engaged in the business of the Board, the Minister may adopt —
(a)
wholly or in part; and
(b) with
or without alteration,
all or any of the
maximum amounts of remuneration fixed under section 25 of the
Land Valuers Licensing Act 1978 for the various kinds of services rendered by
licensed valuers and those maximum amounts of remuneration, if so adopted are
to be taken to be fees determined under subclause (1) as fees to which the
members of the Board are entitled while engaged in the business of the Board.
(3) An adoption made
under subclause (2) may be made by reference to the citation of the relevant
notice published in the Gazette under section 25 of the
Land Valuers Licensing Act 1978 and to any provisions of that notice, and it
is not necessary to set out in the relevant determination made under subclause
(1) the full text of that notice or of any provision of the notice.
This is a compilation of the Planning and Development Act 2005 and includes
amendments made by other written laws 7, 8, 9 . For provisions that have come
into operation, and for information about any reprints, see the compilation
table. For provisions that have not yet come into operation see the
uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
37 of 2005 |
12 Dec 2005 |
s. 1 and 2: 12 Dec 2005; | |
|
Swan Valley Planning Legislation Amendment Act 2006 s. 20(3) |
7 of 2006 |
19 Apr 2006 |
18 Jun 2006 (see s. 2 and Gazette 16 Jun 2006 p. 2109) |
|
Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006
s. 6 |
52 of 2006 |
6 Oct 2006 |
25 Sep 2007 (see s. 2 and Gazette 25 Sep 2007 p. 4835) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369) | |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 127 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Reprint 1: The Planning and Development Act 2005 as at 23 Nov 2007 | |||
|
Acts Amendment (Justice) Act 2008 Pt. 18 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253) |
|
Legal Profession Act 2008 s. 690 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 100 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Approvals and Related Reforms (No. 3) (Crown Land) Act 2010 Pt. 8 |
8 of 2010 |
3 Jun 2010 |
18 Sep 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757) |
|
Approvals and Related Reforms (No. 4) (Planning) Act 2010 |
28 of 2010 (as amended by No. 45 of 2011 s. 135) |
19 Aug 2010 |
Pt. 2 Div. 1, Pt. 4 and Pt. 5 Div. 1: 22 Nov 2010 (see s. 2(b) and Gazette 19
Nov 2010 p. 5709); |
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
Reprint 2: The Planning and Development Act 2005 as at 18 Feb 2011 | |||
|
Heritage and Planning Legislation Amendment Act 2011 Pt. 3 |
4 of 2011 |
2 Mar 2011 |
3 Mar 2011 (see s. 2(b)) |
|
24 of 2011 |
11 Jul 2011 |
2 Apr 2012 (see s. 2(b) and Gazette 13 Mar 2012 p. 1033) | |
|
45 of 2011 |
12 Oct 2011 |
31 Dec 2011 (see s. 2(b) and Gazette 30 Dec 2011 p. 5573) | |
|
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 41 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) |
|
23 of 2012 |
29 Aug 2012 |
7 Aug 2013 (see s. 1B(b) and Gazette 6 Aug 2013 p. 3677) | |
|
Water Services Legislation Amendment and Repeal Act 2012 s. 222 |
25 of 2012 |
3 Sep 2012 |
18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028) |
|
Reprint 3: The Planning and Development Act 2005 as at 1 Mar 2013 | |||
|
30 of 2015 |
2 Nov 2015 |
1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291-2) | |
|
Reprint 4: The Planning and Development Act 2005 as at 1 Apr 2016 (includes
amendments listed above except those in the
Associations Incorporation Act 2015 ) | |||
|
22 of 2018 |
18 Sep 2018 |
1 Jul 2019 (see s. 2(b) and Gazette 27 Jun 2019 p. 2375) | |
|
13 of 2019 |
24 Jun 2019 |
24 Jul 2019 (see s. 2(c)) | |
|
Strata Titles Amendment Act 2018 Pt. 3 Div. 14 |
30 of 2018 |
19 Nov 2018 |
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) |
|
Community Titles Act 2018 Pt. 14 Div. 14 (other than s. 224- 226) |
32 of 2018 |
19 Nov 2018 |
30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) |
|
Planning and Development Amendment Act 2020 Pt. 2-5, Pt. 6 Div. 1, Pt. 7 Div.
1, Pt. 8, 10 and 11, Pt. 12 Div. 1 and Pt. 13-17 |
26 of 2020 |
7 Jul 2020 |
Pt. 2 and 17: 8 Jul 2020 (see s. 2(1)(c)); |
|
45 of 2020 |
9 Dec 2020 |
Pt. 9 (other than s. 62): 1 Aug 2021 (see s. 2(1)(d)(i) and (e) and SL
2021/124 cl. 2); |
|
|
27 of 2021 |
22 Dec 2021 |
1 Jul 2023 (see s. 2(e) and SL 2023/40 cl. 2(b)) | |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
|
Planning and Development Amendment Act 2022 |
17 of 2022 |
24 Jun 2022 |
s. 1 and 2: 24 Jun 2022 (see s. 2(a)); |
|
Land and Public Works Legislation Amendment Act 2023 Pt. 4 Div. 11 |
4 of 2023 |
24 Mar 2023 |
10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) |
|
Aboriginal Heritage Legislation Amendment and Repeal Act 2023 s. 31 |
23 of 2023 |
24 Oct 2023 |
15 Nov 2023 (see s. 2(d) and SL 2023/161 cl. 2) |
|
Planning and Development Amendment Act 2023 Pt. 2-4, Pt. 5 Div. 1, Pt. 6 and
7, Pt. 10 Div. 1, Pt. 11 and 12 |
34 of 2023 |
11 Dec 2023 |
Pt. 4, 6 and 7, Pt. 10 Div. 1, Pt. 11 (other than s. 76) and Pt. 12: 12 Dec
2023 (see s. 2(c)); |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
37 of 2005 |
12 Dec 2005 |
To be proclaimed (see s. 2) | |
|
53 of 2016 |
29 Nov 2016 |
To be proclaimed (see s. 2(b)) | |
|
32 of 2018 |
19 Nov 2018 |
To be proclaimed (see s. 2(b)) | |
|
Planning and Development Amendment Act 2020 Pt. 9 |
26 of 2020 |
7 Jul 2020 |
To be proclaimed (see s. 2(1)(b)) |
|
Planning and Development Amendment Act 2023 Pt. 8 Div. 1 and Pt. 9 |
34 of 2023 |
11 Dec 2023 |
To be proclaimed (see s. 2(e)) |
1M Under the Commonwealth Places (Mirror Taxes
Administration) Act 1999 s. 7, modifications to State taxing laws may be
prescribed. Modifications are prescribed in the Commonwealth Places (Mirror
Taxes Administration) Regulations 2007 Pt. 4 Div. 2.
If a modification is to:
•
replace or insert a numbered provision, the new provision is
identified by the superscript 1M appearing after the provision number;
•
amend a numbered provision, the amended provision
is identified by the superscript 1M appearing after the provision number.
1MC Under the
Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8,
modifications to State taxing laws, in their application as Commonwealth laws
in Commonwealth places in Western Australia, may be prescribed. Modifications
are prescribed in the Commonwealth Places (Mirror Taxes) (Modifications of
Applied Laws (WA)) Notice 2007 (Commonwealth) Pt. 4 Div. 2.
If a modification is to:
•
replace or insert a numbered provision, the new provision is
identified by the superscript 1MC appearing after the provision number;
• amend a numbered provision, the amended
provision is identified by the superscript 1MC appearing after the provision
number.
1 Repealed by the Land Administration Act 1997.
2 Repealed by the Mining Act 1978.
3 Now known as the
Local Government (Miscellaneous Provisions) Act 1960 . Section 248 was
repealed by the Local Government Act 1995 s. 9.70.
4 Lands Titles Office diagrams are now being held
by the Western Australian Land Information Authority (see the
Land Information Authority Act 2006 s. 100).
5 Now district of Karratha.
6 Now City of Vincent.
7 The Planning and Development (Consequential and
Transitional Provisions) Act 2005 s. 3, s. 4, Sch. 1, Pt. 3 and 4 read as
follows:
3. Interpretation
In this Act —
commencement day means the day on which this
section comes into operation;
existing Commission means the Commission
established under the WAPC Act;
MRTPS Act means the
Metropolitan Region Town Planning Scheme Act 1959 ;
PD Act means the Planning and Development Act
2005 ;
TPD Act means the Town Planning and Development
Act 1928 ;
WAPC Act means the
Western Australian Planning Commission Act 1985 .
4. Acts in Schedule 1 repealed
The Acts mentioned in
Schedule 1 are repealed.