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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Heritage (Consequential Provisions) Bill 2000 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 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 -- Planning Appeals Act 2000 13 . The Act amended 7 page i 19--1 Heritage (Consequential Provisions) Bill 2000 Contents 14 . Section 3 amended 7 15 . Section 4 amended 7 16 . Section 15 amended 7 17 . Section 18 amended 7 18 . Section 25 amended 7 19 . Section 32 replaced 8 20 . Section 33 replaced 9 21 . Section 34 replaced 10 22 . Section 35 repealed 10 23 . Section 36 repealed 10 24 . Section 37 amended 10 25 . Schedule 1 amended 11 Part 7 -- Public Sector Management Act 1994 26 . Schedule 2 amended 12 Part 8 -- Strata Titles Act 1985 27 . Section 25 amended 13 Part 9 -- Swan Valley Planning Act 1995 28 . Section 3 amended 14 Part 10 -- Town Planning and Development Act 1928 29 . The Act amended 15 30 . Section 2 amended 15 31 . Section 7 amended 15 32 . Section 7B amended 15 33 . Section 12 amended 16 34 . Section 18C repealed 16 35 . Section 20 amended 16 Part 11 -- Western Australian Planning Commission Act 1985 36 . The Act amended 17 37 . Section 3 amended 17 38 . Section 18 amended 17 39 . Section 24 amended 17 page ii Heritage (Consequential Provisions) Bill 2000 Contents 40 . Section 25 amended 17 41 . Section 37A amended 18 42 . Section 37B amended 18 page iii Western Australia LEGISLATIVE ASSEMBLY Heritage (Consequential Provisions) Bill 2000 A Bill for An Act to amend various Acts as a consequence of the enactment of the Heritage Act 2000. The Parliament of Western Australia enacts as follows: page 1 Heritage (Consequential Provisions) Bill 2000 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Heritage (Consequential Provisions) Act 2000. 5 2. Commencement (1) This Act, other than sections 37, 39, 40, 41 and 42, comes into operation on the day on which the Heritage Act 2000 comes into operation. (2) Sections 37, 39, 40, 41 and 42 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 2000 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 2000 ". [* Reprinted as at 19 May 2000. For subsequent amendments see 1999 Index to Legislation of 10 Western Australia, Table 1, pp.46-50 and Acts Nos. 2, 20, 24 and 25 of 2000.] page 3 Heritage (Consequential Provisions) Bill 2000 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 4 August 2000.] page 4 Heritage (Consequential Provisions) Bill 2000 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 28 July 1999. For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, pp.145-8 and Act No. 24 of 2000.] 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 2000 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 4 February 2000. For subsequent amendments see Act No. 24 of 2000.] 9. Section 6 amended Section 6 is amended by deleting the definition of "Heritage 10 Council". 10. Section 32A amended Section 32A(2) is repealed. 11. Section 35B amended Section 35B(4) is repealed. 15 12. Section 35C amended Section 35C(4) is repealed. page 6 Heritage (Consequential Provisions) Bill 2000 Planning Appeals Act 2000 Part 6 s. 13 Part 6 -- Planning Appeals Act 2000 13. The Act amended The amendments in this Part are to the Planning Appeals Act 2000. 5 14. Section 3 amended Section 3(1) is amended in the definition of "Heritage Council" by deleting "Heritage of Western Australia Act 1990" and inserting instead -- " Heritage Act 2000 ". 10 15. Section 4 amended Section 4(b) is amended by deleting "Heritage of Western Australia Act 1990" and inserting instead -- " Heritage Act 2000 ". 16. Section 15 amended 15 Section 15(4) is amended by deleting "Heritage of Western Australia Act 1990" and inserting instead -- " Heritage Act 2000 ". 17. Section 18 amended Section 18(1)(e) is amended by deleting "Heritage of Western 20 Australia Act 1990" and inserting instead -- " Heritage Act 2000 ". 18. Section 25 amended Section 25(2)(a) is amended by deleting "Heritage of Western Australia Act 1990" and inserting instead -- 25 " Heritage Act 2000 ". page 7 Heritage (Consequential Provisions) Bill 2000 Part 6 Planning Appeals Act 2000 s. 19 19. Section 32 replaced Section 32 is repealed and the following section is inserted instead -- " 5 32. Minister's request to extend periods of interim registration under Heritage Act 2000 (1) A request under section 41(1) of the Heritage Act 2000 to extend the time in which a place or precinct remains entered in the Register on an interim basis is to be dealt 10 with as if it were an appeal -- (a) by the Minister; (b) with each owner of each place or each owner of each place comprising the precinct as respondents; and 15 (c) that the Director has set down for investigation. (2) When dealing with a matter under subsection (1), instead of making a determination under section 22, the Planning Appeal Panel may determine that the time in which the place or precinct remains entered in the 20 Register on an interim basis be extended -- (a) in the case of a place, up to 2 years after the place was entered in the Register; and (b) in the case of a precinct, up to 4 years after the precinct was entered in the Register. 25 ". page 8 Heritage (Consequential Provisions) Bill 2000 Planning Appeals Act 2000 Part 6 s. 20 20. Section 33 replaced Section 33 is repealed and the following section is inserted instead -- " 5 33. Referrals under Heritage Act 2000 of orders for the payment of remitted taxes, rates or charges (1) A referral under section 90(4) of the Heritage Act 2000 is to be dealt with as if it were an appeal -- (a) by the person who is aggrieved by an order set 10 out in a notice under section 90(3)(b)(i) of that Act; and (b) that the Director has set down for investigation. (2) If a person refers a matter in accordance with section 90(4) of the Heritage Act 2000 the person must, 15 in addition to the requirements of section 5(1)(c), give the Heritage Council a copy of the notice of appeal and any submissions made under section 5(1)(b)(ii) within 7 days of lodgment of the notice. (3) When dealing with a matter under subsection (1), 20 instead of making a determination under section 22, the Planning Appeal Panel may -- (a) determine on the balance of probabilities whether a provision of the Heritage Act 2000 or a heritage agreement has been contravened; 25 (b) determine how liability should be apportioned where land has ceased to be held or occupied by the person in whose favour the tax, rate or charge was remitted; or (c) determine whether or not the making of the 30 proposed order would be just in the circumstances. ". page 9 Heritage (Consequential Provisions) Bill 2000 Part 6 Planning Appeals Act 2000 s. 21 21. Section 34 replaced Section 34 is repealed and the following section is inserted instead -- " 5 34. Minister's request to extend protection orders under the Heritage Act 2000 (1) A request under section 96(1) of the Heritage Act 2000 to extend the time in which a protection order under that Act has effect is to be dealt with as if it were an 10 appeal -- (a) by the Minister; (b) with the person who was served with the protection order as the respondent; and (c) that the Director has set down for investigation. 15 (2) When dealing with a matter under subsection (1), instead of making a determination under section 22, the Planning Appeals Panel may determine that the protection order continue to have effect -- (a) for a period of time specified by the Panel; or 20 (b) until an event specified by the Panel. ". 22. Section 35 repealed Section 35 is repealed. 23. Section 36 repealed 25 Section 36 is repealed. 24. Section 37 amended Section 37 is amended by deleting "36" and inserting instead -- " 34 ". page 10 Heritage (Consequential Provisions) Bill 2000 Planning Appeals Act 2000 Part 6 s. 25 25. Schedule 1 amended Schedule 1 is amended by deleting "Heritage of Western Australia Act 1990" and inserting instead -- " Heritage Act 2000 ". page 11 Heritage (Consequential Provisions) Bill 2000 Part 7 Public Sector Management Act 1994 s. 26 Part 7 -- Public Sector Management Act 1994 26. Schedule 2 amended Schedule 2 to the Public Sector Management Act 1994* is amended before item 19A by inserting the following item -- 5 " 19AA. Heritage Council of Western Australia ". [* Reprinted as at 9 June 2000. For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, pp.203-4 and Acts Nos. 24 and 25 of 2000 and Gazette 11 February, 9 May, 11 August and 10 15 September 2000.] page 12 Heritage (Consequential Provisions) Bill 2000 Strata Titles Act 1985 Part 8 s. 27 Part 8 -- Strata Titles Act 1985 27. 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 1 July 1999. For subsequent amendments see Act No. 24 of 2000.] page 13 Heritage (Consequential Provisions) Bill 2000 Part 9 Swan Valley Planning Act 1995 s. 28 Part 9 -- Swan Valley Planning Act 1995 28. 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 1999 Index to Legislation of 15 Western Australia, Table 1, p.247.] page 14 Heritage (Consequential Provisions) Bill 2000 Town Planning and Development Act 1928 Part 10 s. 29 Part 10 -- Town Planning and Development Act 1928 29. The Act amended The amendments in this Part are to the Town Planning and Development Act 1928*. 5 [* Reprinted as at 19 March 1999. For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, pp.252-4 and Act No. 24 of 2000.] 30. Section 2 amended (1) Section 2(1) is amended in the definition of "development" by 10 deleting all the words after "works". (2) Section 2(1) is amended by deleting the definition of "Heritage Council". 31. Section 7 amended (1) Section 7(6) is amended by deleting "or on any list maintained 15 under section 46 or section 45 of the Heritage of Western Australia Act 1990" and inserting instead -- " as defined in the Heritage Act 2000 ". (2) Section 7(6) is amended by inserting after "Council" the following -- 20 " of Western Australia ". 32. 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. 25 (3) Section 7B(5)(a)(iv) is deleted. page 15 Heritage (Consequential Provisions) Bill 2000 Part 10 Town Planning and Development Act 1928 s. 33 (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". (5) Section 7B(6)(d) is amended by deleting ", or, in the case of 5 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 notification and the local government has failed to make its decision known,". 10 33. Section 12 amended Section 12(2) is amended by deleting "land to which the Heritage of Western Australia Act 1990 applies" and inserting instead -- " 15 registered place or registered precinct as defined in the Heritage Act 2000 ". 34. Section 18C repealed Section 18C is repealed. 20 35. Section 20 amended Section 20(4) is repealed. page 16 Heritage (Consequential Provisions) Bill 2000 Western Australian Planning Commission Act 1985 Part 11 s. 36 Part 11 -- Western Australian Planning Commission Act 1985 36. The Act amended The amendments in this Part are to the Western Australian 5 Planning Commission Act 1985*. [* Reprinted as at 19 February 1999. For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 274.] 37. Section 3 amended 10 Section 3 is amended by deleting the definition of "Heritage Council". 38. Section 18 amended Section 18(1b)(a) is deleted. 39. Section 24 amended 15 Section 24(1)(d) is deleted. 40. 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 against that deemed refusal under Part V of the Town Planning and Development Act 1928. ". page 17 Heritage (Consequential Provisions) Bill 2000 Part 11 Western Australian Planning Commission Act 1985 s. 41 (2) After section 25(3)(a) "or" is inserted. (3) After section 25(3)(b) "; or" is deleted and a full stop is inserted instead. (4) Section 25(3)(c) is deleted. 5 41. Section 37A amended Section 37A(3) is repealed. 42. Section 37B amended Section 37B(4) is repealed.
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