Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Planning and Development Act
2005 and includes the amendments made by the other written laws referred to
in the following table 1a, 8, 9, 10. The table
also contains information about any reprint.
|
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)) |
|
Building Act 2011 s. 168 |
24 of 2011 |
11 Jul 2011 |
2 Apr 2012 (see s. 2(b) and Gazette
13 Mar 2012 p. 1033) |
|
Metropolitan Redevelopment Authority Act 2011
s. 141 14 |
45 of 2011 |
12 Oct 2011 |
31 Dec 2011 (see s. 2(b) and Gazette
30 Dec 2011 p. 5573) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
37 of 2005 |
12 Dec 2005 |
To be proclaimed (see s. 2) |
|
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 41 12 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 Repealed by the Land Administration Act 1997.
3 Repealed by the Water Resources Legislation Amendment
Act 2007.
4 Repealed by the Mining Act 1978.
5 On the date as at which this compilation was prepared, the
Planning and Development Act 2005 s. 149 had not come into
operation. It reads as follows:
149. Conditions on rural land (tied
lots)
(1) In this section —
rural land means land zoned for agricultural or rural use
under a local planning scheme.
(2) Without limiting section 143, the Commission may approve a plan
of subdivision in respect of rural land subject to conditions imposed under that
section that require —
(a) a restrictive covenant to be created and made binding under
section 129BA of the Transfer of Land Act 1893 so that no
dwelling may be constructed on a specified lot to be created by the subdivision;
and
(b) the lot to which the restrictive covenant is to apply (the tied
lot) to be —
(i) owned by a person who is the owner of another specified lot (the
principal lot); and
(ii) used for agricultural purposes together with the principal
lot.
(3) The applicant is to ensure that any diagram or plan of survey for a
subdivision referred to in subsection (2) includes a notation that the
approval of the Commission is subject to the conditions referred to in that
subsection.
(4) The Commission is to provide the Registrar of Titles with any further
information requested by the Registrar of Titles, in the form, if any, specified
in the request.
(5) When the Registrar of Titles creates or registers a certificate of
title under the Transfer of Land Act 1893 for a tied lot, the
Registrar of Titles is to endorse or note —
(a) the title of the tied lot to give a person searching the title to that
land notice that it is a tied lot; and
(b) the title of the principal lot to give a person searching the title to
the land notice that there is a tied lot in relation to the principal
lot.
(6) The Registrar of Titles is not to register a transfer, conveyance,
lease or mortgage of a tied lot or a principal lot unless —
(a) the transfer, conveyance, lease or mortgage is endorsed with the
approval of the Commission; or
(b) the principal lot is transferred, conveyed, leased or mortgaged
together with the tied lot in one and the same transaction.
(7) A person who —
(a) contravenes; or
(b) directly or indirectly, enters into a transaction relating to land for
the purpose of avoiding,
a condition referred to in subsection (2) commits an
offence.
(8) In any proceedings for an offence under subsection (7), a
certificate of the Minister certifying that the purpose of the transaction in
question is to avoid a condition referred to in subsection (2) and set out
in that certificate is prima facie evidence of that purpose.
(9) Subsection (7) does not apply to a transaction approved by the
Commission.
(10) Regulations made for the purposes of this section may provide
for —
(a) the rights, powers and privileges given to, and duties imposed on, a
specified person or authority where a condition referred to in
subsection (2) is imposed;
(b) the removal or modification of a restrictive covenant created pursuant
to a condition referred to in subsection (2);
(c) the circumstances in which the Commission will approve the
substitution of a principal lot or a transfer, conveyance, lease or mortgage of
a tied lot or a principal lot;
(d) the procedure for the approval;
(e) the certification of relevant facts in relation to the approval;
and
(f) any other matter necessary or convenient to be prescribed for giving
effect to the purposes of this section.
6 Now known as the Local Government (Miscellaneous
Provisions) Act 1960. Section 248 was repealed by the Local
Government Act 1995 s. 9.70.
7 Lands Titles Office diagrams are now being held by the Western
Australian Land Information Authority (see the Land Information Authority
Act 2006 s. 100).
8 The Planning and Development (Consequential and
Transitional Provisions) Act 2005 s. 3, s. 4 (which gives
effect to Sch. 1), Pt. 3 and 4 read as follows:
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.
Schedule 1 reads as follows:
[s. 4]
Metropolitan Region Town Planning Scheme
Act 1959
Town Planning and Development Act 1928
Western Australian Planning Commission Act 1985
Part 3
— Transitional and saving provisions
17. Application
of Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 (for
example, sections 16(1), 36 and 38) about the repeal of written laws and
the substitution of other written laws for those so repealed apply to the repeal
of an Act mentioned in Schedule 1 as if that Act were repealed and
re-enacted by the PD Act.
(2) The other provisions of this Act are additional to the provisions
applied by subsection (1) and except in the case of section 14(3)
and (4) do not affect the operation of the provisions applied by
subsection (1).
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, regulations under this Act may prescribe all matters that
are required or necessary or convenient to be prescribed for dealing with the
matter.
(2) In subsection (1) —
transitional matter means a matter that needs to be dealt
with for the purpose of —
(a) effecting the transition from the provisions of the Acts repealed by
this Act to the provisions of the PD Act; or
(b) effecting the transition from the provisions of an Act amended by a
provision of this Act (the amending provision) as in force before
this Act comes into operation to the provisions of that Act as in force after
the amending provision comes into operation.
(3) Regulations made under subsection (1) may provide that specified
provisions of the PD Act as in force on or after the commencement of that Act,
or of subsidiary legislation made under that Act, or of an Act amended by this
Act —
(a) do not apply; or
(b) apply with specified modifications,
to or in relation to any matter.
(4) If regulations under subsection (1) provide that a specified
state of affairs is to be taken to have existed, or not to have existed, on and
from a day that is earlier than the day on which the regulations are published
in the Gazette but not earlier than the commencement day, the regulations
have effect according to their terms.
(5) In subsections (3) and (4) —
specified means specified or described in the
regulations.
(6) If regulations contain a provision referred to in subsection (4),
the provision does not operate so as —
(a) to affect in a manner prejudicial to any person (other than the State,
an authority of the State or a local government), the rights of that person
existing before the day of publication of those regulations; or
(b) impose liabilities on any person (other than the State, an authority
of the State or a local government) in respect of anything done or omitted to be
done before the day of publication of those regulations.
19. Construction
of references in written laws
(1) Unless the context otherwise requires, a reference in a written law to
an enactment repealed by this Act includes a reference to the corresponding
provision, if any, of the PD Act.
(2) A reference in a written law to a town planning scheme may, where the
context so requires, be read as if it had been amended to include or be a
reference to a local planning scheme under the PD Act.
(3) A reference in a written law to a regional planning scheme under the
WAPC Act may, where the context so requires, be read as if it had been amended
to include or be a reference to a region planning scheme under the PD
Act.
(4) A reference in a written law to a statement of planning policy may,
where the context so requires, be read as if it had been amended to include or
be a reference to a State planning policy under the PD Act.
Division 2 — Continuation
of various bodies, memberships and appointments
(1) The Western Australian Planning Commission established under the PD
Act is a continuation of and the same legal entity as the Western Australian
Planning Commission established under the WAPC Act, with the same rights and
obligations as the existing Commission.
(2) If in a written law or other document or instrument there
is —
(a) a reference to the existing Commission; or
(b) a reference that is read and construed as a reference to the existing
Commission,
the reference may, where the context so requires, be read as if it had
been amended to be a reference to the Commission established under the PD
Act.
(1) The persons who were members and deputy members of the existing
Commission (including the chairperson and deputy chairperson) immediately before
the commencement of the PD Act continue in office, under and subject to
that Act, as the chairperson, deputy chairperson, members and deputy members of
the board of the Commission established under the PD Act.
(2) A person to whom subsection (1) applies is to be regarded as
having been appointed under the PD Act.
(3) If in a written law or other document or instrument there
is —
(a) a reference to the chairperson or a member of the existing Commission;
or
(b) a reference that is read and construed as a reference to the
chairperson or a member of the existing Commission,
the reference may, where the context so requires, be read as if it had
been amended to be a reference to the chairperson or a member of the board of
the Commission established under the PD Act.
(1) People who were engaged by the existing Commission immediately before
the commencement of the PD Act continue, under and subject to that Act, as
officers of the Commission.
(2) A person mentioned in subsection (1) is to be regarded as having
been engaged under the PD Act.
(3) Except as otherwise agreed by the officer of the Commission, the
remuneration, existing or accrued rights, rights under a superannuation scheme
or continuity of service of an officer of the existing Commission are not
affected, prejudiced or interrupted by the operation of subsection (1) or
the repeal of the WAPC Act.
(4) The rights under a superannuation scheme of a person who was an
officer of the existing Commission are not affected, prejudiced or interrupted
by the repeal of the WAPC Act.
(1) In this section —
existing committee means —
(a) the Executive, Finance and Property Committee established under the
WAPC Act;
(b) the Statutory Planning Committee established under the WAPC
Act;
(c) the Infrastructure Coordinating Committee established under the WAPC
Act;
(d) the Coastal Planning and Coordination Council established under the
WAPC Act;
(e) any regional planning committee established under the WAPC Act;
and
(f) any District Planning Committee established under the MRTPS
Act.
(2) A committee established under the PD Act is a continuation of and the
same legal entity as the existing committee of the same name established under
the WAPC or MRTPS Act with the same rights and obligations as the existing
committee.
(3) The Sustainable Transport Committee established under the PD Act
is a continuation of and the same legal entity as the Transport Committee
established under the WAPC Act with the same rights and obligations as the
existing committee.
(4) If in a written law or other document or instrument there is a
reference to an existing committee, the reference may, where the context so
requires, be read as if it had been amended to be a reference to the committee
of the same name established under the PD Act.
(5) If in a written law or other document or instrument there is a
reference to the Transport Committee, the reference may, where the context so
requires, be read as if it had been amended to be a reference to the Sustainable
Transport Committee established under the PD Act.
(6) The persons who were members of an existing committee immediately
before the commencement of the PD Act continue in office, under and subject to
that Act, as the members of the committee of the same name established under the
PD Act.
(7) The persons who were members of the Transport Committee immediately
before the commencement of the PD Act continue in office, under and subject to
that Act, as the members of the Sustainable Transport Committee established
under the PD Act.
(1) In this section —
existing Board means the Board of Valuers established under
the MRTPS Act.
(2) The Board of Valuers established under the PD Act is a continuation of
and the same legal entity as the existing Board with the same rights and
obligations as the existing Board.
(3) If in a written law or other document or instrument there is a
reference to the existing Board, the reference may, where the context so
requires, be read as if it had been amended to be a reference to the Board of
Valuers established under the PD Act.
(4) The persons who were members of the existing Board immediately before
the commencement of the PD Act continue in office, under and subject to that
Act, as the members of the Board of Valuers established under the PD
Act.
Division 3
— Transitional provisions
25. Subsidiary
legislation and fees
(1) Regulations made under —
(a) section 8 of the TPD Act or section 26 of the MRTPS Act
continue in force as if they were made under section 256 of the PD
Act;
(b) section 9(1) of the TPD Act continue in force as if they were
made under section 258 of the PD Act;
(c) section 9(2b) of the TPD Act continue in force as if they were
made under section 259 of the PD Act;
(d) section 33B of the TPD Act continue in force as if they were made
under section 261 of the PD Act;
(e) section 44 of the MRTPS Act, section 58 of the WAPC Act or
section 27A(5) or 34 of the TPD Act continue in force as if they were made
under section 263 of the PD Act,
and may be amended or repealed accordingly.
(2) Local laws made under section 31 of the TPD Act continue in force
as if they were made under section 262 of the PD Act and may be amended or
repealed accordingly.
(3) Fees prescribed under section 29 of the TPD Act continue, until
fees are set under section 20 of the PD Act, to be chargeable and payable
as if the fees were set under section 20 of the PD Act.
26. Planning
schemes in course of preparation
Any planning scheme that, on the commencement day, is being prepared
under the TPD Act or the WAPC Act may continue to be prepared as if the steps
taken under that Act were taken under the PD Act.
(1) A caveat lodged under section 36 of the MRTPS Act or
section 35 or 36 of the WAPC Act but not registered before the commencement
day may be registered under section 180 or 181 of the PD Act, as the case
requires, as if it were a notification under that section of the
PD Act.
(2) A caveat —
(a) registered under section 36 of the MRTPS Act or section 35
or 36 of the WAPC Act; and
(b) subsisting immediately before the commencement day,
is taken to be a notification registered under section 180 or 181 of
the PD Act, as the case requires.
28. Section 9(4)
and (5) TPD Act
The repeal of section 9(4) and (5) of the TPD Act does not affect
the validity of any town planning scheme, amendment to a town planning scheme,
act or thing referred to in section 9(4) of the TPD Act, and those
subsections continue to apply in relation to those schemes, amendments, acts and
things as if the subsections had not been repealed.
Section 28A(5) of the TPD Act continues to apply in relation to
liability and matters referred to in that subsection as if section 28A had
not been repealed.
The repeal of section 37A(4a) of the MRTPS Act does not affect the
validity of any agreement, act, matter or thing referred to in that subsection,
and that subsection continues to apply in relation to those agreements, acts,
matters and things as if the subsection had not been repealed.
31. Validation
of certain endorsed approvals
Any approval of the Commission endorsed on a diagram or plan of survey of
a stage of a subdivision under the Town Planning and Development
Act 1928 before the coming into operation of this section is taken to
be, and always to have been, as valid and effective as it would have been if
section 145 of the Planning and Development Act 2005 had been
in operation at the time of the endorsement and the approval had been endorsed
under that section.
9 Under the Commonwealth Places (Mirror
Taxes Administration) Act 1999 s. 7 this Act is to be read and
construed with any modifications referred to in subsection (1) of that
section and, in particular, with the modifications set out in the
Commonwealth Places (Mirror Taxes Administration) Regulations
2007.
10 Under the Commonwealth Places (Mirror Taxes)
Act 1998 s. 8(2) of the Commonwealth, this Act is to be read and
construed with any modifications referred to in subsection (1) of that
section and, in particular, with the modifications set out in the
Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice
2007.
11 The Approvals and Related Reforms (No. 4) (Planning) Act
2010 s. 56(4) is a transitional provision that is of no further
effect.
12 On the date as at which this compilation was prepared, the
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 41 had
not come into operation. It reads as follows:
Division
41 — Planning and Development Act 2005
amended
This Division amends the Planning and Development
Act 2005.
161. Section 4
amended
In section 4(1) in the definition of road delete
“Road Traffic Act 1974)” and insert:
Road Traffic (Administration) Act 2008
section 4)
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)
Account 4(1)
affected
local government 122B(3B)
alleged offender 226
amendment
day 122B(7)
applicant 253(1)
appointed member Sch. 1 cl. 1
artificial
waterway 4(1)
assessed scheme 217(1)
associate
member 4(1)
Authority 4(1)
board 4(1)
Board 172, Sch. 9 cl.
1
building line Sch. 8 cl. 8(2)
business
arrangement 15(5)
chairperson 4(1)
chief executive
officer 4(1)
Commission 4(1)
cost of providing a
road 159(3)
CPI 159(2)
Crown land 4(1)
decision period 253(1)
deemed
provision 257B(1)
deputy member 4(1)
designated
person 226
development 4(1)
development
application 4(1)
district 4(1)
district planning
committee 4(1)
document 18(4)
environmental condition 4(1),
217(1)
environmental harm 217(1)
EP
Act 4(1)
EPA 4(1)
fee 261(1)
first
owner 154(2)(d)
function 266(1)
Heritage Council 4(1)
improvement
plan 4(1)
improvement scheme 4(1)
improvement scheme area 4(1),
122A(2)
information 18(4)
instructions 39(1)
interim development
order 4(1)
issue 261(1)
judicial member 237
LAA
Department 4(1)
land 4(1), 136(3)
later subdivider 159(1)(a)
legal
practitioner 4(1)
licence 261(1)
licence to use or
occupy 136(3)
licensed valuer 155(1)
local interim development
order 4(1)
local order area 4(1)
local planning scheme 4(1)
lot 4(1),
136(3)
market value of land 155(1), 159(2)
meeting 266(1)
member 4(1),
266(1)
metropolitan improvement scheme 199(1A)
metropolitan
region 4(1)
Metropolitan Region Scheme 4(1)
Minister 245(5)(a) and
(b)
Minister for Lands 267A(1)(a)
Minister for the
Environment 4(1)
model provision 257A(1)
MRI
Account 4(1)
non-conforming use 172
officer of the
Commission 4(1)
original compensation 181(1)(a)
original
subdivider 159(1)(b)
other local
government 210(1)
participate 15(5)
party 237
planning control
area 4(1)
planning matter 261(1)
planning scheme 4(1),
236(1)
pollution 217(1)
prescribed offence 226
prescribed
period 145(2)
President 237
proposed amendment 45(1), 60(1)
public
authority 4(1)
public purpose 172
public
work 4(1)
refund 181(1)
region 4(1)
region planning
scheme 4(1)
regional interim development order 4(1)
regional
matter 11(1)
Regional Minister 4(1)
regional order
area 4(1)
register 181(17), 197(6)
Registrar 181(17), 197(6)
removed
land 122E(1), 122G(1)(a)
repeal day 122B(7)
responsible authority 4(1),
170(1A)
road 4(1), 135(3), 159(2), Sch. 8 cl. 7(2) and 8(2)
scheme or
amendment 41
second owner 154(2)(d)(i)
specified 99(3), 103(3)
start
day 122D(1)
State planning policy 4(1)
subdivision 4(1)
Swan
Valley 4(1)
Swan Valley Planning Committee 4(1)
title
application 146(2)
Tribunal member 237
utility services 4(1)
vehicle
offence 225(1)
WALGA 4(1)