Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
Account means the account referred to in
section 203(2);
artificial waterway means an artificial channel,
lake, harbour or embayment, for navigational, ornamental and recreational
purposes, or for any of those purposes, and includes any addition to, or
alteration of, an artificial waterway as so defined;
associate member means an associate member of the
board appointed under section 11;
Authority means the Western Australian Land
Information Authority established by the
Land Information Authority Act 2006 section 5;
board means the board referred to in
section 9;
chairperson means the chairperson of the board;
chief executive officer means the chief executive
officer of the department principally assisting in the administration of this
Act;
Commission means the Western Australian Planning
Commission established by section 7;
Crown land has the meaning given to that term in
the Land Administration Act 1997 ;
deputy member means a person appointed under
Schedule 1 clause 7;
development means the development or use of any
land, including —
(a) any
demolition, erection, construction, alteration of or addition to any building
or structure on the land;
(b) the
carrying out on the land of any excavation or other works;
(c) in
the case of a place to which a Conservation Order made under section 59
of the Heritage of Western Australia Act 1990 applies, any act or thing
that —
(i)
is likely to change the character of that place or the
external appearance of any building; or
(ii)
would constitute an irreversible alteration of the fabric
of any building;
development application means an application under
a planning scheme, or under an interim development order, for approval of
development;
Development Assessment Panel or DAP means a JDAP
or LDAP;
district means an area that has been declared to
be a district under the Local Government Act 1995 ;
district planning committee means a committee
established under Schedule 2 clause 9;
environmental condition means a condition agreed
under section 48F, or decided under section 48J, of the EP Act;
EP Act means the Environmental Protection
Act 1986 ;
EPA means the Environmental Protection Authority
continued in existence under the EP Act;
Heritage Council means the Heritage Council of
Western Australia established under the Heritage of Western Australia
Act 1990 ;
improvement plan means an improvement plan
referred to in section 119;
improvement scheme means an improvement scheme
that has effect under Part 8 Division 2;
improvement scheme area has the meaning given in
section 122A(2);
interim development order means a regional interim
development order or a local interim development order;
JDAP means a Joint Development Assessment Panel
established under section 171C;
LAA Department means the department principally
assisting in the administration of the Land Administration Act 1997 ;
land includes —
(a)
land, tenements and hereditaments; and
(b) any
interest in land, tenements and hereditaments; and
(c)
houses, buildings, and other works and structures;
LDAP means a Local Development Assessment Panel
established under section 171C;
legal practitioner means an Australian legal
practitioner within the meaning of that term in the
Legal Profession Act 2008 section 3;
local interim development order means an interim
development order made under section 102;
local order area means an area affected by, and
specified in, a local interim development order;
local planning scheme means a planning scheme of
effect or continued under Part 5;
lot means a defined portion of land —
(a)
depicted on a plan or diagram available from, or deposited with, the Authority
and for which a separate Crown grant or certificate of title has been or can
be issued; or
(b)
depicted on a diagram or plan of survey of a subdivision approved by the
Commission; or
(c)
which is the whole of the land the subject of —
(i)
a Crown grant issued under the Land Act 1933
2 ; or
(ii)
a certificate of title registered under the
Transfer of Land Act 1893 ; or
(iii)
a survey into a location or lot under section 27(2)
of the Land Administration Act 1997 or a certificate of Crown land title
the subject of such a survey; or
(iv)
a part-lot shown on a diagram or plan of survey of a
subdivision deposited with the Authority; or
(v)
a conveyance registered under the Registration of Deeds
Act 1856 ,
but does not include a lot in relation to a strata
scheme, a lot in relation to a survey-strata scheme, or a lot shown as common
property on a survey-strata plan, as those terms are defined in the
Strata Titles Act 1985 ;
member means a member of the board;
metropolitan region means the region described in
Schedule 3;
Metropolitan Region Scheme means the planning
scheme continued under section 33(1), or any region planning scheme made
in substitution for that scheme;
Minister for the Environment means the Minister to
whom the Governor has for the time being committed the administration of the
EP Act;
MRI Account means the Metropolitan Region
Improvement Account established under section 198;
officer of the Commission means either of the
following —
(a) the
Secretary to the Commission appointed under section 21(1);
(b) a
public service officer referred to in section 22;
planning control area means a planning control
area declared and in force under section 112;
planning scheme means a local planning scheme,
region planning scheme or improvement scheme that has effect under this Act
and includes —
(a) the
provisions of the scheme being —
(i)
the provisions set out in the scheme; and
(ii)
any State planning policy that, with any modifications
set out in the scheme, has effect under section 77(2)(b) as part of the
scheme; and
(iii)
any provisions that have effect under
section 257B(2) as part of the scheme;
and
(b) all
maps, plans, specifications and other particulars contained in the scheme and
colourings, markings or legends on the scheme;
public authority means any of the
following —
(a) a
Minister of the Crown in right of the State;
(b) a
department of the Public Service, State trading concern, State instrumentality
or State public utility;
(c) any
other person or body, whether corporate or not, who or which, under the
authority of a written law, administers or carries on for the benefit of the
State, a social service or public utility;
public work includes any public work as defined in
the Public Works Act 1902 ;
region means the metropolitan region or a region
referred to in Schedule 4;
region planning scheme means either of the
following —
(a) the
Metropolitan Region Scheme;
(b) a
planning scheme continued under section 33(2) or of effect under
Part 4;
regional interim development order means an
interim development order made under section 98;
Regional Minister means the Minister to whom the
Governor has for the time being committed the administration of the Regional
Development Commissions Act 1993 ;
regional order area means an area affected by, and
specified in, a regional interim development order;
responsible authority , except as provided in
regulations made under section 171A(2)(a), means —
(a) in
relation to a local planning scheme or local interim development order, the
local government responsible for the enforcement of the observance of the
scheme or order, or the execution of any works which under the scheme or
order, or this Act, are to be executed by a local government; and
(b) in
relation to a region planning scheme, regional interim development order or
planning control area, the Commission or a local government exercising the
powers of the Commission; and
(c) in
relation to an improvement scheme, the Commission;
road means a public thoroughfare for vehicles (as
defined in the Road Traffic Act 1974 ) or pedestrians, and includes
structures or other things appurtenant to the road that are within its limits,
and a thoroughfare is not prevented from being a road only because it is not
open at each end;
State planning policy means a planning policy
approved under section 29;
subdivision includes amalgamation;
Swan Valley has the meaning given to that term in
the Swan Valley Planning Act 1995 ;
Swan Valley Planning Committee has the meaning
given to that term in the Swan Valley Planning Act 1995 ;
utility services means drainage, electricity,
sewerage or water supply services or such other services as are prescribed;
WALGA means the body constituted under
section 9.58 of the Local Government Act 1995 and known as the
Western Australian Local Government Association.
(2) In this Act,
unless the contrary intention appears, a reference to —
(a)
“the preparation of a local planning scheme” or “the
amendment of a local planning scheme” includes a reference to the
adoption of a local planning scheme or amendment;
(b)
“a local planning scheme prepared by a local government” or
“an amendment prepared by a local government” includes a reference
to a planning scheme or amendment adopted by it,
and other parts of
speech and grammatical forms of those phrases have corresponding meanings.
(3) A provision of
this Act relating to a region scheme is to be construed in conjunction with
the provisions of this Act relating to local planning schemes as if those
provisions related to region schemes but, if the provision relating to a
region scheme is in conflict with, or inconsistent with a provision relating
to a local planning scheme, for the purpose of construing the provision
relating to a region scheme the provision relating to the region scheme
prevails to the extent that it is in conflict or inconsistent.
[Section 4 amended by No. 60 of 2006
s. 147(2); No. 77 of 2006 Sch. 1 cl. 127(1); No. 21
of 2008 s. 690; No. 28 of 2010 s. 4, 41 and 52.]