[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Heritage (Consequential Provisions) Bill 1999 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Constitution Acts Amendment Act 1899 3. Schedule V amended 3 Part 3 -- Government Employees Superannuation Act 1987 4. Schedule 1 amended 4 Part 4 -- Local Government (Miscellaneous Provisions) Act 1960 5. The Act amended 5 6. Section 374 amended 5 7. Section 374A amended 5 page i 94--1 Heritage (Consequential Provisions) Bill 1999 Contents Part 5 -- Metropolitan Region Town Planning Scheme Act 1959 8. The Act amended 6 9. Section 6 amended 6 10 . Section 32A amended 6 11 . Section 35B amended 6 12 . Section 35C amended 6 Part 6 -- Strata Titles Act 1985 13 . Section 25 amended 7 Part 7 -- Swan Valley Planning Act 1995 14 . Section 3 amended 8 Part 8 -- Town Planning and Development Act 1928 15 . The Act amended 9 16 . Section 2 amended 9 17 . Section 7 amended 9 18 . Section 7B amended 9 19 . Section 12 amended 10 20 . Section 18C repealed 10 21 . Section 20 amended 10 Part 9 -- Western Australian Planning Commission Act 1985 22 . The Act amended 11 23 . Section 3 amended 11 24 . Section 18 amended 11 25 . Section 24 amended 11 page ii Heritage (Consequential Provisions) Bill 1999 Contents 26 . Section 25 amended 11 27 . Section 37A amended 12 28 . Section 37B amended 12 page iii Western Australia LEGISLATIVE ASSEMBLY Heritage (Consequential Provisions) Bill 1999 A Bill for An Act to amend various Acts as a consequence of the enactment of the Heritage Act 1999. The Parliament of Western Australia enacts as follows: page 1 Heritage (Consequential Provisions) Bill 1999 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Heritage (Consequential Provisions) Act 1999. 5 2. Commencement (1) This Act, other than sections 23, 25, 26, 27 and 28, comes into operation on the day on which the Heritage Act 1999 comes into operation. (2) Sections 23, 25, 26, 27 and 28 come into operation -- 10 (a) on the day on which Part 3 of the Planning Legislation Amendment Act 1999 comes into operation; or (b) if on that day the other provisions of this Act have not yet come into operation, on the day when they come into operation. page 2 Heritage (Consequential Provisions) Bill 1999 Constitution Acts Amendment Act 1899 Part 2 s. 3 Part 2 -- Constitution Acts Amendment Act 1899 3. Schedule V amended Schedule V to the Constitution Acts Amendment Act 1899* is amended in Part 3 in the item that begins "The Heritage Council 5 of Western Australia" by deleting " under the Heritage of Western Australia Act 1990" and inserting instead -- " by the Heritage Act 1999 ". [* Reprinted as at 22 January 1997. For subsequent amendments see 1998 Index to Legislation of 10 Western Australia, Table 1, p. 53.] page 3 Heritage (Consequential Provisions) Bill 1999 Part 3 Government Employees Superannuation Act 1987 s. 4 Part 3 -- Government Employees Superannuation Act 1987 4. Schedule 1 amended Schedule 1 to the Government Employees Superannuation 5 Act 1987* is amended in Part B by inserting in the appropriate alphabetical position -- " Heritage Council of Western Australia ". [* Reprinted as at 22 January 1999.] page 4 Heritage (Consequential Provisions) Bill 1999 Local Government (Miscellaneous Provisions) Act 1960 Part 4 s. 5 Part 4 -- Local Government (Miscellaneous Provisions) Act 1960 5. The Act amended The amendments in this Part are to the Local Government 5 (Miscellaneous Provisions) Act 1960*. [* Reprinted as at 18 September 1996. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 151-2.] 6. Section 374 amended 10 Section 374(6) is repealed. 7. Section 374A amended (1) Section 374A(2A) is repealed. (2) Section 374A(3) is amended by deleting "Except where the condition was by reason of the operation of section 78(4) of the 15 Heritage of Western Australia Act 1990 imposed so as to be consistent with conditions imposed under that Act in relation to a related or similar matter that affects all or part of the same land, any" and inserting instead -- " Any ". page 5 Heritage (Consequential Provisions) Bill 1999 Part 5 Metropolitan Region Town Planning Scheme Act 1959 s. 8 Part 5 -- Metropolitan Region Town Planning Scheme Act 1959 8. The Act amended The amendments in this Part are to the Metropolitan Region 5 Town Planning Scheme Act 1959*. [* Reprinted as at 17 March 1996. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 161.] 9. Section 6 amended 10 Section 6 is amended by deleting the definition of "Heritage Council". 10. Section 32A amended Section 32A(2) is repealed. 11. Section 35B amended 15 Section 35B(4) is repealed. 12. Section 35C amended Section 35C(4) is repealed. page 6 Heritage (Consequential Provisions) Bill 1999 Strata Titles Act 1985 Part 6 s. 13 Part 6 -- Strata Titles Act 1985 13. Section 25 amended (1) The amendments in this Part are to the Strata Titles Act 1985*. (2) Section 25(7) is repealed. 5 (3) Section 25(8) is repealed. [* Reprinted as at 20 January 1997. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 242.] page 7 Heritage (Consequential Provisions) Bill 1999 Part 7 Swan Valley Planning Act 1995 s. 14 Part 7 -- Swan Valley Planning Act 1995 14. Section 3 amended Section 3 of the Swan Valley Planning Act 1995* is amended by deleting the definition of "development" and inserting instead 5 the following definition -- " "development" means the development or use of any land, including any demolition, erection, construction, alteration of or addition to any 10 building or structure on the land and the carrying out on the land of any excavation or other works; ". [* Act No. 31 of 1995 . For subsequent amendments see Act No. 14 of 1996.] page 8 Heritage (Consequential Provisions) Bill 1999 Town Planning and Development Act 1928 Part 8 s. 15 Part 8 -- Town Planning and Development Act 1928 15. The Act amended The amendments in this Part are to the Town Planning and Development Act 1928*. 5 [* Reprinted as at 19 March 1999.] 16. Section 2 amended (1) Section 2(1) is amended in the definition of "development" by deleting all the words after "works". (2) Section 2(1) is amended by deleting the definition of "Heritage 10 Council". 17. Section 7 amended Section 7(6) is amended by deleting "or on any list maintained under section 46 or section 45 of the Heritage of Western Australia Act 1990" and inserting instead -- 15 " as defined in the Heritage Act 1999 ". 18. Section 7B amended (1) After section 7B(5)(a)(ii) the following is inserted -- " or ". (2) After section 7B(5)(a)(iii) "or" is deleted. 20 (3) Section 7B(5)(a)(iv) is deleted. (4) Section 7B(6)(c) is amended by deleting "or of any Order made under Part 6, or Order in Council made under section 80, of the Heritage of Western Australia Act 1990". page 9 Heritage (Consequential Provisions) Bill 1999 Part 8 Town Planning and Development Act 1928 s. 19 (5) Section 7B(6)(d) is amended by deleting ", or, in the case of land in relation to which the local government has referred the application to the Heritage Council and has so notified the applicant, where a period of 60 days has elapsed since that 5 notification and the local government has failed to make its decision known,". 19. Section 12 amended Section 12(2) is amended by deleting "land to which the Heritage of Western Australia Act 1990 applies " and inserting 10 instead -- " registered place or State heritage area as defined in the Heritage Act 1999 ". 20. Section 18C repealed Section 18C is repealed. 15 21. Section 20 amended Section 20(4) is repealed. page 10 Heritage (Consequential Provisions) Bill 1999 Western Australian Planning Commission Act 1985 Part 9 s. 22 Part 9 -- Western Australian Planning Commission Act 1985 22. The Act amended The amendments in this Part are to the Western Australian 5 Planning Commission Act 1985*. [* Act No. 91 of 1985. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 272.] 23. Section 3 amended 10 Section 3 is amended by deleting the definition of "Heritage Council". 24. Section 18 amended Section 18(1b)(a) is deleted. 25. Section 24 amended 15 Section 24(1)(d) is deleted. 26. Section 25 amended (1) Section 25(2) is repealed and the following subsection is inserted instead -- " 20 (2) Subject to subsection (3), if the Commission does not grant or refuse permission within a period of 60 days after the receipt by the Commission of an application to carry out any development referred to in this Part the Commission shall on the expiry of that period be 25 deemed to have refused that application and the applicant may within 60 days after that expiry appeal page 11 Heritage (Consequential Provisions) Bill 1999 Part 9 Western Australian Planning Commission Act 1985 s. 27 against that deemed refusal under Part V of the Town Planning and Development Act 1928. ". (2) After section 25(3)(a) "or" is inserted. 5 (3) After section 25(3)(b) "; or" is deleted and a full stop is inserted instead. (4) Section 25(3)(c) is deleted. 27. Section 37A amended Section 37A(3) is repealed. 10 28. Section 37B amended Section 37B(4) is repealed.
[Index] [Search] [Download] [Related Items] [Help]