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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Hope Valley-Wattleup Redevelopment Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Redevelopment area defined 3
Part 2 -- Functions
5. Functions of the Authority under this Act 4
6. Compulsory taking of land 4
7. Power of Governor to direct transfer to Authority 4
8. Temporary closure of streets 5
9. Permanent closure of streets 6
Part 3 -- Master plan
Division 1 -- General
10 . Authority to comply with master plan or FRIARS
Final Strategy document 7
Division 2 -- Preparation and approval of master
plan
11 . Contents of master plan 7
12 . Proposed master plan 7
13 . Proposed master plan to be publicly notified 8
14 . Public submissions 9
15 . Submission of plan to Commission and approval by
Minister 10
page i
114--2B
Hope Valley-Wattleup Redevelopment Bill 2000
Contents
16 . Notice of approval 11
Division 3 -- Amendment of master plan
17 . Amendment of master plan 11
Division 4 -- Role of Environmental Protection
Authority in respect of master plans, etc.
18 . Reference of proposed master plans, and proposed
amendments to master plans, to Environmental
Protection Authority 12
19 . Prerequisite to submission of proposed master plans,
and proposed amendments to master plans, to
Commission for approval before public notification 13
20 . Role of Authority in relation to environmental
submissions 14
21 . Prerequisite to final approval by Minister of proposed
master plan and proposed amendments to master plan 14
Part 4 -- Development control
22 . Crown bound 16
23 . Certain planning schemes cease to apply 16
24 . Saving 16
25 . Development to be approved 17
26 . Applications for approval 17
27 . Consultation with public authorities 18
28 . Commission's decision 18
29 . Appeal 19
30 . Liability of officers for offence committed by body
corporate 19
31 . Power to direct cessation or removal of unlawful
development 20
32 . Powers of Minister to ensure that environmental
conditions are met 21
33 . Compensation 23
Part 5 -- General
34 . Modification of other laws 25
35 . Regulations 26
36 . Review of Act 26
page ii
Hope Valley-Wattleup Redevelopment Bill 2000
Contents
Part 6 -- Amendment of various Acts
37 . Environmental Protection Act 1986 amended 27
38 . Metropolitan Region Town Planning Scheme Act 1959
amended 28
Schedule 1 -- Redevelopment area
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Hope Valley-Wattleup Redevelopment Bill 2000
A Bill for
An Act to provide for the development and redevelopment of certain
land in the local government districts of Cockburn and Kwinana, to
confer planning, development control and other functions in respect
of that land, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Hope Valley-Wattleup Redevelopment Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Hope Valley-Wattleup
Redevelopment Act 2000.
5 2. Commencement
(1) Subject to this section, this Act comes into operation on a day
fixed by proclamation.
(2) The day fixed under subsection (1) is to be after the day that the
Minister approves the FRIARS Final Strategy document under
10 section 3(2).
(3) Section 3(2) comes into operation on the day on which this Act
receives the Royal Assent.
3. Interpretation
(1) In this Act, unless the contrary intention appears --
15 "Authority" means the Western Australian Land Authority
established by section 5(1) of the Western Australian Land
Authority Act 1992;
"commencement of this Act" means the day fixed by
proclamation under section 2(1);
20 "Commission" means the Western Australian Planning
Commission established by section 4 of the Western
Australian Planning Commission Act 1985;
"development" has the same meaning as it has in the Town
Planning Act, but does not include any work, act or activity
25 declared by regulations made under section 35 not to
constitute development;
"EPA" means the Environmental Protection Authority
continued in existence under the EP Act;
"EP Act" means the Environmental Protection Act 1986;
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Hope Valley-Wattleup Redevelopment Bill 2000
Preliminary Part 1
s. 4
"FRIARS Final Strategy document" means the document
approved in writing by the Minister under subsection (2);
"master plan" means a master plan in force under Part 3;
"Metropolitan Region Scheme" has the same meaning as it
5 has in the Metropolitan Region Town Planning Scheme
Act 1959;
"Minister for the Environment" means the Minister to whom
the Governor has for the time being committed the
administration of the EP Act;
10 "public authority" means a Minister of the Crown in right of the
State, Government department, State trading concern, State
instrumentality, State public utility and 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
15 benefit of the State a social service or public utility;
"redevelopment area" means the area referred to in
section 4(1);
"Town Planning Act" means the Town Planning and
Development Act 1928.
20 (2) The Minister is to approve in writing a document as being the
Fremantle Rockingham Industrial Area Regional Strategy Final
Strategy document (the "FRIARS Final Strategy document")
for the purposes of this Act.
4. Redevelopment area defined
25 (1) The redevelopment area for the purposes of this Act is the area
referred to in Schedule 1.
(2) In any proceedings, a plan purporting to be a copy of a plan
referred to in Schedule 1 showing the boundaries or any
boundary of the redevelopment area is evidence of those
30 boundaries or that boundary.
page 3
Hope Valley-Wattleup Redevelopment Bill 2000
Part 2 Functions
s. 5
Part 2 -- Functions
5. Functions of the Authority under this Act
(1) The functions of the Authority under this Act are to plan,
undertake, promote and coordinate the development and
5 redevelopment of land in the redevelopment area.
(2) For the purpose set out in subsection (1), the Authority is to
prepare and keep under review the master plan for the
redevelopment area in accordance with Part 3.
(3) The Authority may exercise any of its powers under the Western
10 Australian Land Authority Act 1992 for the purpose of
performing a function conferred on it under this Act.
6. Compulsory taking of land
(1) Development or redevelopment of land under, and the carrying
out of, this Act and any incidental work is a public work for the
15 purposes of Parts 9 and 10 of the Land Administration Act 1997
and the Public Works Act 1902, and, if necessary for any of
those purposes, the Authority is to be taken to be a local
authority within the meaning of the Public Works Act 1902.
(2) In applying Parts 9 and 10 of the Land Administration Act 1997
20 and the Public Works Act 1902 for the purposes of this section,
sections 187, 188, 189, 190, and 191 of the Land Administration
Act 1997 do not apply to land in the redevelopment area taken
or acquired under the Public Works Act 1902 before the
commencement of this Act.
25 (3) If land referred to in subsection (2) is not required for the public
work for which it was taken or acquired, the land may be held
or used for some other purpose authorised by this Act.
7. Power of Governor to direct transfer to Authority
(1) The Governor may by order direct a public authority to transfer
30 to the Authority all of the estate and interest over which the
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Hope Valley-Wattleup Redevelopment Bill 2000
Functions Part 2
s. 8
public authority has power of disposal in a piece of land
specified in the order.
(2) The power in subsection (1) is only to be exercised in respect of
land in the redevelopment area and if the Governor is satisfied
5 that the land is required by the Authority for development or
redevelopment under, or otherwise for the purposes of, this Act.
(3) An order under subsection (1) is to specify the terms and
conditions subject to which the transfer is to be made.
(4) A public authority is to comply with a direction given to it
10 under subsection (1), despite any other written law.
8. Temporary closure of streets
(1) Despite any provision of the Local Government Act 1995, the
Commission may close, or restrict the thoroughfare in, a street
in the redevelopment area --
15 (a) by causing fences and barriers to be placed on or across
the street; or
(b) in any other manner,
if, and for the period that, the Commission considers that the
closure or restriction is necessary to facilitate development in
20 accordance with this Act.
(2) A street may be closed for more than 3 days under
subsection (1) only if the Commission has given at least
14 days' notice of the closure to the chief executive officers of
the City of Cockburn or the Town of Kwinana, or both, as is
25 relevant.
(3) For the avoidance of doubt, the Authority is an eligible body or
person within the meaning of section 20 of the Western
Australian Planning Commission Act 1985 in respect to the
delegation of a function conferred under this section.
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Hope Valley-Wattleup Redevelopment Bill 2000
Part 2 Functions
s. 9
(4) In this section and section 9 --
"street" means a thoroughfare as defined in the Local
Government Act 1995.
9. Permanent closure of streets
5 A street in the redevelopment area may be closed under
section 58 of the Land Administration Act 1997 and regulations
made under that Act, and for that purpose "local government"
in that section and in those regulations --
(a) includes the Commission; and
10 (b) does not include the City of Cockburn or the Town of
Kwinana, or both, as is relevant,
in relation to any such street.
page 6
Hope Valley-Wattleup Redevelopment Bill 2000
Master plan Part 3
General Division 1
s. 10
Part 3 -- Master plan
Division 1 -- General
10. Authority to comply with master plan or FRIARS Final
Strategy document
5 (1) The Authority is to perform its functions under this Act in
accordance with --
(a) any master plan;
(b) the FRIARS Final Strategy document in respect of any
part of the redevelopment area to which a master plan
10 does not apply.
(2) A copy of the master plan is to be kept in the offices of the
Authority and is to be available for inspection by the public
during office hours free of charge.
Division 2 -- Preparation and approval of master plan
15 11. Contents of master plan
A master plan to be prepared and submitted under this Division
may make any provision that the Authority considers will
promote the orderly and proper planning, development and
management of the redevelopment area, including any provision
20 that may be made by a town planning scheme under the Town
Planning Act.
12. Proposed master plan
(1) The Authority is to submit a proposed master plan to the
Commission as soon as is practicable after the commencement
25 of this Act, and in any case, not later than 4 years from that
commencement.
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Hope Valley-Wattleup Redevelopment Bill 2000
Part 3 Master plan
Division 2 Preparation and approval of master plan
s. 13
(2) The Authority may, under subsection (1), submit a proposed
master plan in 2 or more stages, each one being applicable to a
part of the redevelopment area, and if it does so --
(a) this Part applies to each stage separately; and
5 (b) a reference in this Act or another written law to a, or the,
master plan may be read as a reference to a master plan
for part of the redevelopment area as provided for by
this subsection.
(3) A proposed master plan is not to be submitted to the
10 Commission unless sections 18 and 19 have been complied with
in respect of that master plan and it was prepared --
(a) after consultation with the City of Cockburn and the
Town of Kwinana (whether that consultation occurred
before or after the commencement of this Act); and
15 (b) having regard to the views of those local governments.
(4) The Commission may --
(a) consent or refuse to consent to the public notification of
a proposed master plan submitted under this section; or
(b) consent to such public notification subject to
20 modifications being made to the plan, as directed by the
Commission.
(5) If the Commission refuses to consent to the public notification
of a proposed master plan submitted under this section, the
Commission is to give directions to the Authority as to the
25 preparation of a further plan to be submitted under this section.
(6) The Authority is to comply with any direction of the
Commission under subsection (4) or (5).
13. Proposed master plan to be publicly notified
(1) Public notification of a proposed master plan in respect of
30 which the Commission has given consent under section 12(4) is
to be given in accordance with subsection (2).
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Hope Valley-Wattleup Redevelopment Bill 2000
Master plan Part 3
Preparation and approval of master plan Division 2
s. 14
(2) The proposed master plan is to be publicly notified by the
Authority by the publication --
(a) in the Gazette; and
(b) in 2 issues of a daily newspaper circulating in the local
5 government districts of Cockburn and Kwinana,
of a notice --
(c) specifying the places at which --
(i) a copy of the proposed master plan may be
inspected; and
10 (ii) copies of the proposed master plan may be
obtained;
and
(d) stating the effect of section 14 and specifying the period
referred to in that section.
15 (3) The Authority may fix and charge a fee for supplying copies of
a proposed master plan.
(4) The Authority must, in addition to complying with
subsection (2), make reasonable endeavours to consult in
respect of the proposed master plan such public authorities and
20 persons as appear to the Authority to be likely to be affected by
that master plan.
14. Public submissions
(1) Written submissions on the proposed master plan may be made
by any person --
25 (a) within a period determined by the Authority that is not
less than 60 days after the day on which the notice is
published in the Gazette; and
(b) by delivering or posting them so that they are received
within that period at the offices of the Authority.
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Hope Valley-Wattleup Redevelopment Bill 2000
Part 3 Master plan
Division 2 Preparation and approval of master plan
s. 15
(2) The Authority may modify the proposed master plan as it thinks
fit to give effect to any submission so received by it.
15. Submission of plan to Commission and approval by
Minister
5 (1) After sections 20 and 21 have been complied with, the
Authority is to submit the proposed master plan, with any
modifications made under section 14(2), to the Commission.
(2) The plan as so submitted is to be accompanied by --
(a) a summary of all submissions made under section 14;
10 and
(b) a report by the Authority on the merits of those
submissions.
(3) The Commission is to consider the proposed master plan and
the summary and report accompanying it and make a
15 recommendation to the Minister that the Minister --
(a) approve or refuse to approve the proposed master plan;
or
(b) approve the plan subject to modifications being made to
the plan, as recommended by the Commission.
20 (4) The Minister, after taking into account the recommendations of
the Commission, is to --
(a) approve or refuse to approve the proposed master plan;
or
(b) approve the plan subject to modifications being made to
25 the plan, as directed by the Minister.
(5) If the Minister refuses to approve a proposed master plan
submitted under this section, the Minister is to give directions to
the Authority as to the preparation of a further plan to be
submitted under section 12 or under subsection (1), as the
30 Minister may specify.
page 10
Hope Valley-Wattleup Redevelopment Bill 2000
Master plan Part 3
Amendment of master plan Division 3
s. 16
(6) The Authority is to comply with any direction of the Minister
under subsection (4) or (5).
(7) The text of any direction given under subsection (4) or (5) is to
be --
5 (a) laid before each House of Parliament within 28 sitting
days of that House after the day on which the direction
is given; and
(b) included in the annual report submitted by the
accountable authority of the Authority under section 66
10 of the Financial Administration and Audit Act 1985.
16. Notice of approval
(1) Notice that a master plan has been approved by the Minister
under section 15 is to be published by the Authority in the
Gazette together with a note showing where a copy of the
15 master plan may be inspected or obtained.
(2) A master plan comes into operation on the day of publication in
the Gazette of a notice under subsection (1), or on any later day
that is specified in the plan.
(3) The Authority may fix and charge a fee for supplying copies of
20 a master plan.
Division 3 -- Amendment of master plan
17. Amendment of master plan
(1) A master plan may be amended in accordance with this section.
(2) The Authority is to submit any proposed amendment to the
25 Commission.
(3) The following provisions apply for the purposes of this section,
with all necessary changes --
(a) sections 12(3) and (4), 13 and 15, as if references in
those sections to a, or the, proposed master plan were
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Hope Valley-Wattleup Redevelopment Bill 2000
Part 3 Master plan
Division 4 Role of Environmental Protection Authority in respect of
master plans, etc.
s. 18
references to the proposed amendment to the master
plan;
(b) section 12(5) and (6), as if, in section 12(5) --
(i) the reference to a proposed master plan were a
5 reference to the proposed amendment to the
master plan; and
(ii) the reference to a further plan were a reference to
another amendment;
(c) section 14 as if a reference in that section --
10 (i) to the proposed master plan were a reference to a
proposed amendment to the master plan; and
(ii) to 60 days were a reference to 42 days;
(d) section 16, as if references in that section to a master
plan were references to the amendment to a master plan.
15 Division 4 -- Role of Environmental Protection Authority in
respect of master plans, etc.
18. Reference of proposed master plans, and proposed
amendments to master plans, to Environmental Protection
Authority
20 When the Authority resolves to prepare a master plan, or an
amendment to a master plan, the Authority must forthwith refer
the master plan or amendment to the EPA by giving to the
EPA--
(a) written notice of that resolution; and
25 (b) such written information about the master plan or
amendment as is sufficient to enable the EPA to comply
with section 48A of the EP Act in relation to the master
plan or amendment.
page 12
Hope Valley-Wattleup Redevelopment Bill 2000
Master plan Part 3
Role of Environmental Protection Authority in respect of Division 4
master plans, etc.
s. 19
19. Prerequisite to submission of proposed master plans, and
proposed amendments to master plans, to Commission for
approval before public notification
(1) When the EPA has acted under section 48C(1)(a) of the EP Act
5 in relation to a proposed master plan or a proposed amendment
to a master plan, the Authority must, if it wishes to proceed with
that master plan or amendment, undertake an environmental
review of that master plan or amendment in accordance with the
relevant instructions issued under that section and must not
10 submit that master plan or amendment to the Commission for
consent to public notification under section 12, or section 17 as
read with section 12, as the case requires, until --
(a) the Authority has forwarded that review to the EPA; and
(b) the EPA has advised that that review has been
15 undertaken in accordance with those instructions, or
30 days have elapsed since that forwarding without the
EPA having advised whether or not that review has been
undertaken in accordance with those instructions,
whichever first occurs.
20 (2) If the EPA has advised that the review has not been undertaken
in accordance with the relevant instructions issued under
section 48C(1)(a) of the EP Act, the Authority may --
(a) comply with subsection (1) in respect of the master plan
or amendment concerned; or
25 (b) request the Minister to consult the Minister for the
Environment and, if possible, agree with him or her on
whether or not that review has been undertaken in
accordance with those instructions.
(3) If the Minister, having complied with a request under
30 subsection (2), and the Minister for the Environment --
(a) agree on whether or not the review has been undertaken
in accordance with the relevant instructions, their
decision is to be final and without appeal; or
page 13
Hope Valley-Wattleup Redevelopment Bill 2000
Part 3 Master plan
Division 4 Role of Environmental Protection Authority in respect of
master plans, etc.
s. 20
(b) cannot so agree, section 48J of the EP Act applies.
20. Role of Authority in relation to environmental submissions
When the Authority has been informed under
section 48A(1)(b)(i) of the EP Act that the proposed master plan
5 or amendment should be assessed by the EPA under Part IV
Division 3 of the EP Act, the Authority must --
(a) as soon as practicable, but in any event within 7 days
after the expiry of the period referred to in
section 14(1)(a), or section 17 as read with
10 section 14(1)(a) as the case requires, transmit to the EPA
a copy of each submission --
(i) made under section 14, or under section 17 as
read with section 14 as the case requires; and
(ii) relating wholly or in part to environmental issues
15 raised by that master plan or amendment;
and
(b) within 42 days, or such longer period as the Minister
allows, after the expiry of the period referred to in
section 14(1)(a), or section 17 as read with
20 section 14(1)(a) as the case requires, inform the EPA of
its views on and response to the environmental issues
raised by submissions referred to in paragraph (a) and
received within that period.
21. Prerequisite to final approval by Minister of proposed
25 master plan and proposed amendments to master plan
The Minister is not to approve under section 15, or section 17 as
read with section 15, a proposed master plan or amendment
referred to the EPA under section 19 if he or she has reached
agreement with the Minister for the Environment under
30 section 48A(2)(b) of the EP Act, or until --
(a) he or she is informed under section 48A(1)(a) of the EP
Act that the EPA considers that that master plan or
page 14
Hope Valley-Wattleup Redevelopment Bill 2000
Master plan Part 3
Role of Environmental Protection Authority in respect of Division 4
master plans, etc.
s. 21
amendment should not be assessed by the EPA under
Part IV Division 3 of the EP Act;
(b) he or she has received a statement delivered under
section 48F(2), or a decision has been made under
5 section 48J, of the EP Act in respect of the conditions, if
any, to which that master plan or amendment is subject;
or
(c) the period of 28 days referred to in section 48A(1)(b)(i)
of the EP Act has expired without the EPA having
10 informed the Authority under that section,
whichever first occurs, and he or she is satisfied that the
conditions, if any, to which that master plan or amendment is
subject have been incorporated into that master plan or
amendment.
page 15
Hope Valley-Wattleup Redevelopment Bill 2000
Part 4 Development control
s. 22
Part 4 -- Development control
22. Crown bound
This Part binds the Crown.
23. Certain planning schemes cease to apply
5 (1) The planning schemes are repealed in relation to the
redevelopment area so that they do not apply to a development
that commences in that area under this Act.
(2) Section 37 of the Interpretation Act 1984 applies in respect of
the repeal effected by subsection (1) as if the planning schemes
10 were enactments within the meaning of that section.
(3) In this section --
"planning schemes" means --
(a) any town planning scheme under the Town Planning
Act that is in operation in the redevelopment area
15 immediately before the commencement of this Act;
and
(b) the Metropolitan Region Scheme.
(4) Subsection (2) has effect subject to any provision of the master
plan relating to non-conforming uses.
20 24. Saving
(1) This Part does not apply to a development that was lawfully
being carried out in the redevelopment area immediately before
the commencement of this Act.
(2) A development referred to in subsection (1), or in respect of
25 which all necessary approvals under the planning schemes
referred to in section 23(3) were in force immediately before the
commencement of this Act --
(a) may be lawfully carried out as if this Part had not been
passed; and
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Hope Valley-Wattleup Redevelopment Bill 2000
Development control Part 4
s. 25
(b) is to be governed by those schemes despite
section 23(1).
(3) A development in respect of which an approval under section 28
is in force immediately before --
5 (a) a master plan comes into force in respect of the land the
subject of the approval; or
(b) an amendment to a master plan comes into force under
section 17,
may be lawfully carried out as if the master plan or amendment
10 had not come into force.
25. Development to be approved
(1) A person must not undertake any development or cause any
development to be undertaken on land that is in, or partly in, the
redevelopment area without the approval of the Commission or
15 in contravention of a condition attached to an approval.
Penalty: $50 000, and a daily penalty of $5 000.
(2) The requirements of subsection (1) extend to the Authority.
(3) It is immaterial for the purposes of this Part that a development
is undertaken in the performance of a function vested in a
20 person by a written law.
26. Applications for approval
(1) An application for approval under section 25 is to be made in
the prescribed form with the prescribed fee (if any) to the City
of Cockburn or the Town of Kwinana, or both, as is relevant.
25 (2) An application is to be accompanied by plans and specifications
of the proposed development, and an applicant is also to provide
any information or documents relating to the proposed
development that the Commission may reasonably require.
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Hope Valley-Wattleup Redevelopment Bill 2000
Part 4 Development control
s. 27
(3) A local government which receives an application under
subsection (1) is to forward it to the Commission within 7 days
of receiving it.
(4) A local government may make recommendations to the
5 Commission regarding an application it has forwarded to the
Commission within 42 days, or such longer period as the
Commission allows, of the receipt of the application by the local
government.
27. Consultation with public authorities
10 The Commission may consult on a proposed development with
any public authority that has functions relevant to, or whose
operations are likely to be affected by, the proposed
development.
28. Commission's decision
15 (1) After the expiry of the period referred to in section 26(4) within
which the local government may make recommendations, the
Commission may grant or refuse to grant approval of the
proposed development having regard to --
(a) any master plan in force under Part 3;
20 (b) if a master plan is not in force in respect of the land the
subject of the application, the FRIARS Final Strategy
document;
(c) any relevant environmental protection policy approved
under Part III of the EP Act;
25 (d) recommendations under section 26(4);
(e) consultations under section 27; and
(f) the requirements of orderly and proper planning.
(2) The Commission may attach to an approval any condition that is
within the objects of this Act.
page 18
Hope Valley-Wattleup Redevelopment Bill 2000
Development control Part 4
s. 29
(3) The Commission may limit the time for which an approval
remains in force.
(4) An approval under this section is in addition to, and does not
derogate from, the requirements of any other written law.
5 (5) Subject to subsection (6), the Commission is to cause notice in
writing of its decision to be given to the applicant, the relevant
local government and any public authority consulted under
section 27.
(6) The Commission is to be taken to have made a decision to
10 refuse approval of a proposed development if the applicant has
not received notice in writing of the Commission's decision
under subsection (5) within 60 days of the application being
forwarded to the Commission, or such longer period as is agreed
in writing by the applicant and the Commission before the
15 expiry of the 60 day period.
29. Appeal
(1) An applicant may appeal, in accordance with Part V of the
Town Planning Act, from a decision of the Commission under
section 28 in respect of the applicant's application.
20 (2) An appeal may be allowed with or without conditions, or further
conditions may be attached, or the appeal may be rejected in
whole or in part.
30. Liability of officers for offence committed by body
corporate
25 (1) If a body corporate is guilty of an offence against section 25 and
it is proved that --
(a) the offence was committed with the consent or
connivance of an officer of the body corporate; or
(b) an officer of the body corporate failed to exercise all the
30 due diligence to prevent the commission of the offence
that ought to have been exercised having regard to the
page 19
Hope Valley-Wattleup Redevelopment Bill 2000
Part 4 Development control
s. 31
nature of the officer's functions and to all the
circumstances,
the officer commits the offence.
(2) In subsection (1) --
5 "officer", in relation to a body corporate, means --
(a) a director, secretary or executive officer of the body
corporate;
(b) a receiver, or receiver and manager, of property of
the body corporate, or any other authorised person
10 who enters into possession or assumes control of
property of the body corporate for the purpose of
enforcing any charge;
(c) an official manager or a deputy official manager of
the body corporate;
15 (d) a liquidator of the body corporate; and
(e) a trustee or other person administering a compromise
or arrangement made between the body corporate and
another person or other persons,
and any other person, by whatever name called and whether or
20 not a director of the body corporate, who is concerned, or takes
part, in the management of the body corporate.
31. Power to direct cessation or removal of unlawful
development
(1) The Commission may --
25 (a) by notice in writing served on a person who is
undertaking any development in contravention of
section 25, direct the person to stop doing so
immediately; or
(b) by notice in writing served on a person who has
30 undertaken any development in contravention of that
section, direct the person within a period not less than
page 20
Hope Valley-Wattleup Redevelopment Bill 2000
Development control Part 4
s. 32
21 days after the service of the notice, as is specified in
the notice, to remove, pull down, take up, or alter any
development undertaken in contravention of that section,
or may by one notice give both directions to a person.
5 (2) A person on whom a notice is served containing a direction
under subsection (1)(b) may, within the period specified in the
notice, appeal to the Minister against the direction, and on the
appeal the Minister may confirm, vary or cancel the direction.
(3) A notice containing a direction under subsection (1)(b) is
10 suspended as to that direction pending the determination of the
appeal.
(4) If the Minister confirms or varies the direction under
subsection (2), the Minister may, by notice in writing served on
the person, direct the person to comply with the direction as so
15 confirmed or varied, within a period not less than 21 days after
the service of the notice, as is specified in the notice.
(5) A person must comply with a notice given to the person under
this section.
Penalty: $50 000, and a daily penalty of $5 000.
20 (6) If a person fails to comply with a notice given to the person
under subsection (1)(b), the Commission, after the expiry of the
period within which an appeal may be brought under subsection
(2) and subject to the determination of any such appeal, may
itself remove, pull down, take up or alter the development and
25 may recover from the person in any court of competent
jurisdiction the costs incurred by it in so doing.
32. Powers of Minister to ensure that environmental conditions
are met
(1) In this section --
30 "assessed scheme" means a master plan, or an amendment to a
master plan, that is an assessed scheme within the meaning
of the EP Act;
page 21
Hope Valley-Wattleup Redevelopment Bill 2000
Part 4 Development control
s. 32
"environmental condition" means a condition agreed under
section 48F of the EP Act or decided under section 48J of
the EP Act.
(2) After receiving advice from the Minister for the Environment
5 under section 48H(4) of the EP Act the Minister may exercise
one or more of the powers set out in subsection (3) in relation to
a development implementing an assessed scheme.
(3) For the purposes of subsection (2) the Minister may --
(a) by order in writing served on the person who is
10 undertaking the development, direct the person to stop
doing so for such period, beginning immediately and
lasting not more than 24 hours, as is specified in the
order;
(b) cause the Commission to serve a notice on the person
15 who is undertaking the development directing the person
to take such steps as are specified in the notice, within
such period as is so specified, for the purpose of --
(i) complying with; or
(ii) preventing any non-compliance with,
20 the environmental condition to which the Minister for
the Environment's advice relates;
or
(c) advise the Commission to cause such steps to be taken
as are necessary for the purpose of --
25 (i) complying with; or
(ii) preventing any non-compliance with,
the environmental condition to which the Minister for
the Environment's advice relates.
(4) A person must comply with an order or notice served on the
30 person under subsection (3)(a) or (b).
Penalty: $50 000, and a daily penalty of $5 000.
page 22
Hope Valley-Wattleup Redevelopment Bill 2000
Development control Part 4
s. 33
(5) Nothing in this section prevents or otherwise affects the
application of Part V of the EP Act to --
(a) a development referred to in subsection (2); or
(b) pollution caused by any non-compliance with an
5 environmental condition referred to in subsection (3).
33. Compensation
(1) Sections 11(1) and (4) and 12 of the Town Planning Act apply
with all necessary changes to land in the redevelopment area as
if --
10 (a) the master plan were a town planning scheme under that
Act; and
(b) the Commission were a local government or a
responsible authority under that Act.
(2) If under the master plan any land is reserved, zoned or classified
15 for a public purpose, Part V (other than sections 36A, 37 and
37A) of the Metropolitan Region Town Planning Scheme
Act 1959 applies with all necessary changes as if --
(a) the land were reserved for a public purpose under the
Metropolitan Region Scheme;
20 (b) references in that Part to the Scheme were references to
the master plan; and
(c) in section 36(1)(b) of that Act, "amended" were
substituted for "varied, amplified or revoked by the
Commission".
25 (3) Compensation is not payable under an Act as applied by
subsection (1) or (2) if payment has been made for the same, or
substantially the same, injurious affection under that Act as in
operation otherwise than as applied by this section.
page 23
Hope Valley-Wattleup Redevelopment Bill 2000
Part 4 Development control
s. 33
(4) If a claim for compensation has been made but not disposed of
before the commencement of this Act, and is one that might
have been made under this section, the claim may be continued
after that commencement as if it had been made under this
5 section.
page 24
Hope Valley-Wattleup Redevelopment Bill 2000
General Part 5
s. 34
Part 5 -- General
34. Modification of other laws
(1) Section 33 of the Town Planning Act applies with all necessary
modifications for the purpose of carrying out a master plan as if
5 the reference in that section --
(a) to an approved scheme were a reference to that master
plan;
(b) to the responsible authority were a reference to the
Commission; and
10 (c) to an Act were a reference to a written law.
(2) Despite anything in the Local Government Act 1995 to the
contrary --
(a) the method of valuation of land to be used by a local
government as the basis for a rate on rateable land
15 within the redevelopment area is to be --
(i) the same method used in relation to that land
immediately before the commencement of this
Act, unless paragraph (b) applies; and
(ii) if a development has commenced in respect of
20 the land, the method of valuation to be used in
accordance with the use approved in respect of
the development;
and
(b) under section 6.32(1) of that Act, a local government
25 may not impose on rateable land in the redevelopment
area --
(i) a rate differentially;
(ii) a specified area rate;
(iii) a minimum payment; or
30 (iv) a service charge,
merely on the basis that the land is in the redevelopment
area.
page 25
Hope Valley-Wattleup Redevelopment Bill 2000
Part 5 General
s. 35
(3) Subsection (2) does not affect the operation of section 32 of the
Western Australian Land Authority Act 1992.
(4) In subsection (2) --
"rateable land" has the same meaning as it has for the purposes
5 of the Local Government Act 1995;
"development" means --
(a) a development approved under Part 4; or
(b) a development in respect of which all necessary
approvals under the planning schemes referred to in
10 section 23(3) were in force immediately before the
commencement of this Act.
35. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
15 necessary or convenient to be prescribed, for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may provide for --
(a) the procedure to be followed in applications for approval
under Part 4; and
20 (b) the imposition and payment of fees and charges in
connection with those applications.
36. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
25 expiration of 5 years from the commencement of this Act.
(2) In the course of the review the Minister is to consider and have
regard to --
(a) the need for the continuation of this Act; and
(b) any other matters that appear to the Minister to be
30 relevant to the operation and effectiveness of this Act.
page 26
Hope Valley-Wattleup Redevelopment Bill 2000
Amendment of various Acts Part 6
s. 37
Part 6 -- Amendment of various Acts
37. Environmental Protection Act 1986 amended
(1) This section amends the Environmental Protection Act 1986*.
(2) Section 3(1) is amended as follows:
5 (a) in the definition of "final approval", after paragraph (aa)
the following paragraph is inserted --
"
(ab) prepared under the Hope Valley-Wattleup
Redevelopment Act 2000, means approval
10 under section 15 of that Act, or under
section 17 of that Act as read with that section;
";
(b) in the definition of "period of public review", after
paragraph (aa) the following paragraph is inserted --
15 "
(ab) prepared under the Hope Valley-Wattleup
Redevelopment Act 2000, means period
referred to in section 14(1)(a) of that Act, or
in section 17 of that Act as read with that
20 section;
";
(c) in the definition of "responsible authority", after
subparagraph (a)(ia) the following subparagraph is
inserted --
25 "
(ib) prepared under the Hope
Valley-Wattleup Redevelopment
Act 2000, means the Western Australian
Land Authority established by
30 section 5(1) of the Western Australian
Land Authority Act 1992;
";
page 27
Hope Valley-Wattleup Redevelopment Bill 2000
Part 6 Amendment of various Acts
s. 38
(d) in the definition of "scheme", after paragraph (aa) the
following paragraph is inserted --
"
(ab) master plan within the meaning of the Hope
5 Valley-Wattleup Redevelopment Act 2000, or
amendment to such a master plan;
";
(e) the definition of "scheme Act" is amended by inserting
after "1991," --
10 " Hope Valley-Wattleup Redevelopment Act 2000, ".
(3) Section 48C(7) is amended, in the definition of "public review",
after paragraph (aa) by inserting the following paragraph --
"
(ab) prepared under the Hope Valley-Wattleup
15 Redevelopment Act 2000, means procedure
referred to in sections 13 and 14 of that Act,
or in section 17 of that Act as read with those
sections;
".
20 [* Reprinted as at 16 April 1999.
For subsequent amendments see Act No. 38 of 1999.]
38. Metropolitan Region Town Planning Scheme Act 1959
amended
(1) This section amends the Metropolitan Region Town Planning
25 Scheme Act 1959*.
(2) Section 32A(3) is amended as follows:
(a) after "1994" by deleting "or" and inserting a comma;
(b) after "1999" by inserting --
"
30 or section 23 of the Hope Valley-Wattleup
Redevelopment Act 2000
";
page 28
Hope Valley-Wattleup Redevelopment Bill 2000
Amendment of various Acts Part 6
s. 38
(c) by deleting "under Part 4 of any of those Acts" and
substituting instead --
"
or a master plan, within the meaning of the relevant
5 Act
".
(3) Section 38(4) is amended as follows:
(a) after "1994" by deleting "or" and inserting a comma;
(b) after "1999" by inserting --
10 "
or the Hope Valley-Wattleup Redevelopment Act 2000
".
[* Reprinted as at 4 February 2000.]
page 29
Hope Valley-Wattleup Redevelopment Bill 2000
Schedule 1 Redevelopment area
Schedule 1 -- Redevelopment area
[s. 4 ]
All of the land in the area described as the redevelopment area on
Plan No. 1 held at the office of the Western Australian Land
5 Authority, that plan being certified by the Minister as being the plan
prepared for the purpose of defining the redevelopment area.
For guidance, the redevelopment area is indicated in the following
representation of Plan No. 1 --
page 30
Hope Valley-Wattleup Redevelopment Bill 2000
Redevelopment area Schedule 1
page 31
Hope Valley-Wattleup Redevelopment Bill 2000
Defined Terms
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)
assessed scheme .........................................................................................33(1)
Authority..................................................................................................... 3(1)
commencement of this Act .......................................................................... 3(1)
Commission ................................................................................................ 3(1)
development...................................................................................... 3(1), 35(4)
environmental condition .............................................................................33(1)
EPA ............................................................................................................ 3(1)
EP Act ........................................................................................................ 3(1)
FRIARS Final Strategy document................................................................ 3(2)
local government............................................................................................ 10
master plan.................................................................................................. 3(1)
Metropolitan Region Scheme....................................................................... 3(1)
Minister for the Environment....................................................................... 3(1)
officer ........................................................................................................31(2)
planning schemes .......................................................................................24(3)
public authority ........................................................................................... 3(1)
rateable land...............................................................................................35(4)
redevelopment area ..................................................................................... 3(1)
street ........................................................................................................... 9(4)
Town Planning Act...................................................................................... 3(1)
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