PLANNING AND DEVELOPMENT ACT 2005

Western Australian Consolidated Acts

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PLANNING AND DEVELOPMENT ACT 2005

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Purposes and interpretation of this Act
4. Terms used
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. Board of management
10. Membership of board
11. Associate members
12. Board’s constitution and proceedings (Sch. 1)
13. Remuneration and allowances

Division 2 -- Functions and powers

14. Functions
15. Powers
16. Delegation by Commission
17. Directions by Minister
18. Minister to have access to information
19. Committees (Sch. 2)
20. Fees for Commission’s services

Division 3 -- Administration

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

Division 4 -- Miscellaneous

24. Execution of documents

PART 3 -- State planning policies

25. Statements of planning policy under repealed Act, effect of
26. State planning policies, preparation and content of
27. Matters to which Commission is to have regard
28. Consultation
29. Approval of Governor
30. Publicising approved State planning policy
31. Amending or repealing State planning policy
32. Environmental review

PART 4 -- Region planning schemes

Division 1 -- Continuation and formulation of region planning schemes

33. Schemes under repealed Act, effect of
34. Region planning schemes, preparation and content of
35. Commission may resolve to prepare or amend region planning scheme
36. Restrictions on making or amending 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 Region planning scheme may be amended or repealed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. Proposed schemes and amendments to be referred to EPA
39. Environmental review and consent to public submissions
40. Swan Valley Planning Committee, consultation with before public submissions

Division 3 -- Making of region planning scheme and amendments

41. Procedure
42. Minister’s consent needed to seek public submissions on proposed scheme or amendment
43. Publicising proposed scheme or amendment
44. Submissions on proposed scheme or amendment
45. Commission’s duties if proposed scheme or amendment is to be assessed under EP Act
46. Person making submission may be heard
47. Swan Valley Planning Committee, consultation with after public submissions
48. Submitting proposed scheme or amendment to Minister
49. Minister may withdraw proposed scheme or amendment
50. When Minister may submit proposed scheme or amendment for Governor’s approval
51. Minister may direct proposed scheme or amendment to be republicised
52. Procedure on modifications
53. Approval of Governor
54. Publicising approved scheme or amendment
55. Revoking approval of scheme or amendment
56. Parliament may disallow scheme or amendment

Division 4 -- Minor amendments to region planning scheme

57. Minor amendments, procedure for approval of etc.
58. Publicising proposed minor amendment
59. Submissions on minor amendment to be considered
60. Commission’s duties if proposed minor amendment is to be assessed under EP Act
61. Minister not to approve proposed minor amendment in some cases
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 under repealed Act, effect of
69. General objects of schemes
70. Scheme may be made for land outside scheme or be concurrent with another scheme
71. Local planning schemes not to apply to redevelopment areas
72. Local government may prepare or adopt scheme
73. Contents of schemes
74. Repealing schemes
75. Amending schemes

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

76. Minister may order local government to prepare or adopt scheme or amendment
77A. Minister may order local government to amend scheme to be consistent with State planning policy

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

77. State planning policies, effect of on schemes
78. Proposed scheme for Swan Valley, consultation requirements for
79. Heritage Council’s advice to be sought in some cases
80. Swan and Canning Rivers management programme
81. Proposed scheme or amendment to be referred to EPA
82. Environmental review
83. Consulting people and bodies likely to be affected by proposed scheme

Division 4 -- Advertisement and approval

84. Advertising proposed scheme or amendment
85. Local government’s duties if proposed scheme or amendment to be assessed under EP Act
86. Minister not to approve proposed scheme or amendment in some cases
87. Approving and publicising scheme or amendment

Division 5 -- Review of local planning schemes

88. Local government to prepare consolidated scheme
89. Public submissions to be sought on consolidated scheme
90. Report on operation of consolidated scheme
91. Procedure if s. 90 report does not recommend change to scheme
92. Procedure if s. 90 report recommends scheme be amended
93. Effect of publication of consolidation
94. Procedure if new scheme prepared following s. 90 report
95. Procedure if scheme repealed following s. 90 report
96. Consolidation of 2 or more local planning schemes

Division 6 -- Crown land

97. Schemes for Crown lands

PART 6 -- Interim development orders

Division 1 -- Regional interim development orders

98. Making and purpose of regional interim development orders
99. Contents of regional interim development order
100. Commission to consult local government on some development applications
101. Restrictions on power to grant development approval

Division 2 -- Local interim development orders

102. Making and purpose of 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. Publicising interim development orders
106. Administration of interim development orders
107. Effect and duration of interim development orders
108. Existing lawful development not affected
109. Amending interim development orders
110. Revoking interim development orders
111. Non-conforming development by local government or public authority

PART 7 -- Planning control areas

112. Declaration of planning control areas
113. Amending or revoking s. 112 declarations
114. Duration of s. 112 declarations
115. Applying for development approval in planning control areas
116. Commission may approve or refuse application
117. Commission may revoke approval if development does not conform with it
118. Existing lawful development not affected

PART 8 -- Improvement plans and schemes

Division 1 -- Improvement plans

119. Preparing and making improvement plans
120. Amending or revoking improvement plans
121. Commission’s powers as to land subject to improvement plan

Division 2 -- Improvement schemes

122A. Content of improvement schemes
122B. Preparing, approving and reviewing improvement schemes
122C. Existing lawful development not affected
122D. Effect of improvement scheme on other planning schemes
122E. Removal of land from improvement scheme area or repeal of improvement scheme, effect of
122F. Amended improvement scheme area, transitional provisions for
122G. Applications for development pending when land removed or improvement scheme repealed
122H. Permanently closing streets in improvement scheme area
122I. Some planning schemes have no force while improvement scheme in force
122J. Minister may amend local planning scheme to conform with improvement scheme
122K. Region planning scheme may be amended to conform with improvement scheme
122L. Minister has s. 211 and 212 powers for improvement schemes
122M. Fees

Division 3 -- General

122. This Part does not derogate from other powers

PART 9 -- Relationship between 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 to be consistent with region planning scheme etc.
126. Local planning schemes, amendments to due to region planning scheme
127. Minister may direct local government to modify proposed scheme or amendment to be consistent with region planning scheme
128. Breach of s. 124(2), 125 or 127(2), Minister’s powers in case of
129. Inconsistency between interim development order and local planning scheme or local laws, effect of
130. Planning control area provisions prevail
131. Building standards etc. to prevail
132. Governor may modify or suspend laws to enable planning scheme to have effect

PART 10 -- Subdivision and development control

Division 1 -- Application

133. Application to Crown land
134. Relationship of Part to some other laws and application to land in Swan Valley

Division 2 -- Approval for subdivision and certain transactions

135. No subdivision etc. without approval
136. Approval required for some dealings as to land not dealt with as a lot or lots
137. Heritage land, subdivision etc. of
138. Commission’s functions when approving subdivision etc.
139. Leases and licences that do not need approval under s. 136
140. Saving of some agreements entered into without approval under s. 136
141. Refund where transaction cannot be completed
142. Consultation with local governments etc. as to proposed subdivision
143. Commission’s duties when dealing with plan of subdivision
144. Reconsidering refusal to approve plan of subdivision
145. Approving diagram or plan of survey of approved plan of subdivision
146. No certificate of title for subdivided land without approved diagram or plan of survey
147. No registration etc. of some land dealings without Commission’s approval

Division 3 -- Conditions of subdivision

148. Development, conditions as to
150. Road access, conditions as to
151. Reconsidering conditions
152. Certain land to vest in Crown
153. When owner may pay in lieu of setting aside land for open space
154. How money received in lieu of open space to be dealt with
155. How value of land is determined for s. 153
156. Dispute as to valuation made under s. 155
157. When approval of subdivision is deemed to be approval under planning scheme

Division 4 -- Subdivision costs

158. Expenses of construction etc. of roads etc.
159. Subdivider may recover portion of road costs from later subdivider
160. Money payable under s. 159, recovery of
161. When subdivision occurs

Division 5 -- Development controls

162. No development except with approval
163. Heritage places, application for development of
164. Development may be approved if it has commenced

Division 6 -- Miscellaneous

165. Hazards etc. affecting land, notating titles as to
166. Some encroachments to lead to approved subdivision
167. Easements, creation of etc. on subdivision etc.
168. Roads, creation of etc. on subdivision etc.
169. Commission may fix minimum standards of construction for roads and waterways
170. Proposed roads and waterways, specifications of

PART 11A -- Development Assessment Panels and development control

Division 1 -- Functions of DAPs

171A. Prescribed development applications to be determined by DAP
171B. DAP to carry out delegated functions

Division 2 -- Development Assessment Panels: establishment and administration

171C. Establishment of Development Assessment Panels
171D. Constitution, procedure and conduct of DAPs
171E. Administration and costs of DAPs
171F. Review of regulations

PART 11 -- Compensation and acquisition

Division 1 -- General matters in relation to compensation

171. Entitlements to compensation, limits on

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

172. Terms used
173. Injurious affection, compensation for
174. When land is injuriously affected
175. No compensation if scheme’s provisions are, or could have been, in certain other laws
176. How questions determined
177. When compensation payable if land reserved
178. Claim for compensation, time for making
179. Amount of compensation for injurious affection due to land being reserved
180. Notating title to land after compensation paid
181. Recovering paid compensation if reservation revoked or reduced
182. Board of Valuers
183. Valuations by Board

Division 3 -- Other compensation

184. Betterment; compensation for expenses rendered abortive by amendment or repeal of scheme
185. Injurious affection due to interim development orders
186. Injurious affection due to planning control areas

Division 4 -- Purchase or compulsory acquisition

187. Election to acquire instead of paying compensation
188. Valuing land to be acquired under s. 187
189. Commission may purchase land before region planning scheme has effect
190. Responsible authority may purchase land
191. Responsible authority may take compulsorily land in scheme area
192. Valuing land etc. to be acquired under s. 191
193. Responsible authority’s powers as to acquired land
194. Responsible authority may grant easements affecting acquired land
195. Commission’s powers to acquire land in improvement plan
196. Commission may sell etc. acquired land
197. Declaring land for public work to be instead held etc. for region planning scheme or improvement plan

PART 12 -- Financial provisions

Division 1 -- Metropolitan Region Improvement Fund

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

Division 2 -- Metropolitan Region Improvement Tax

200. Owners’ liability to pay tax
201. How tax collections are dealt with

Division 3 -- Financial provisions relating to the Commission

202. Saving
203. Funds of Commission
204. Minister’s approval needed for some contracts and expenditure
205. Borrowing powers
206. Borrowing from Treasurer
207. Guarantees by Treasurer
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. Apportioning expenses between local governments

PART 13 -- Enforcement and legal proceedings

Division 1 -- Enforcement

211. Persons aggrieved by local governments’ omissions may go to Minister; Minister’s powers
212. Breaches by local government of orders etc., Minister’s powers as to
213. Effect of exercise by Minister of powers in s. 212
214. Illegal development, responsible authority’s powers as to
215. Illegal development, responsible authority’s powers to remove etc.
216. Breach of Act etc. or development approval, injunctions as to
217. Environmental conditions, Minister’s powers to enforce

Division 2 -- Offences

218. Contravening planning scheme or conditions on development
219. Unauthorised subdivision works
220. Unauthorised development in planning control area
221. Contravening interim development order
222. Unauthorised development in heritage place
223. General penalty
224. Other enforcement provisions not affected
225. Onus of proof in vehicle offence may be shifted

Division 3 -- Infringement notices

226. Terms used
227. Prescribed offences
228. Giving of infringement notice
229. Content of infringement notice
230. Extending time to pay modified penalty
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
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 State Administrative Tribunal
245. Minister may make submissions
246. Minister may call in application for review
247. Determination of application by Minister

Division 2 -- Decisions which may be reviewed

249. Decision as to development under interim development order
250. Decision as to development in planning control area
251. Some decisions made under Part 10
252. Decision made in exercise of discretionary power under planning scheme
253. Responsible authority not making decision, notice of default to and deemed refusal by

Division 3 -- Other applications for review

254. Decision made under EP Act s. 48I
255. Direction given under s. 214

PART 15 -- Subsidiary legislation

Division 1 -- Subsidiary legislation made by Minister

256. Provisions in local planning schemes, regulations as to
257A. Model provisions, effect of
257B. Deemed provisions, effect of
258. Procedure and costs for local planning schemes, regulations as to
259. Environmental review expenses, regulations as to
260. Penalties in regulations

Division 2 -- Subsidiary legislation made by Governor

261. Regulations as to local government fees for planning matters etc.
262. Uniform general local laws
263. Regulations as to other matters

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
267A. Crown and State land, who may sign documents as to
267. Protection from personal liability
268A. Laying documents before House of Parliament that is not sitting
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
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