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This is a Bill, not an Act. For current law, see the Acts databases.


PLANNING AND DEVELOPMENT BILL 2004

                        Western Australia


      Planning and Development Bill 2004

                           CONTENTS


       Part 1 -- Preliminary
1.     Short title                                  2
2.     Commencement                                 2
3.     Purposes of this Act                         2
4.     Terms used in this Act                       3
5.     Crown bound                                  9
6.     Act does not interfere with public works    10
       Part 2 -- The Western Australian
            Planning Commission
       Division 1 -- Establishment and management
7.     Commission established                      11
8.     Status                                      11
9.     Management                                  11
10.    Membership of board                         11
11.    Associate members                           14
12.    Constitution and proceedings                14
13.    Remuneration and allowances                 14
       Division 2 -- Functions and powers
14.    Functions of the Commission                 15
15.    Powers                                      16
16.    Delegation by Commission                    18
17.    Directions by Minister                      19
18.    Minister to have access to information      20
19.    Committees                                  21
20.    Fees                                        21




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           Division 3 -- Administration
   21.     Secretary                                            22
   22.     Staff of Commission                                  22
   23.     Use of staff and facilities of public authorities    22
           Division 4 -- Miscellaneous
   24.     Execution of documents                               23
           Part 3 -- State planning policies
           Division 1 -- Making of State planning policies
   25.     Continuation of statements of planning policy        24
   26.     Preparation of State planning policy                 24
   27.     Matters to which Commission is to have regard        25
   28.     Consultation                                         25
   29.     Approval of Governor                                 26
   30.     Publication of State planning policy                 27
   31.     Amendment or repeal of State planning policy         27
   32.     Environmental review                                 27
           Part 4 -- Region planning schemes
           Division 1 -- Continuation and formulation of
                 region planning schemes
   33.     Planning schemes continued                           28
   34.     Region planning schemes                              28
   35.     Preparation of region planning scheme or amendment   29
   36.     Restrictions on making or amendment of region
           planning scheme for metropolitan region              29
   37.     Region planning scheme may be amended or repealed    30
           Division 2 -- Prerequisites to region planning
                 scheme or amendment
   38.     All proposed region planning schemes and
           amendments to be referred to EPA                     30
   39.     Environmental review and consent to public
           submissions                                          31
   40.     Referrals to Swan Valley Planning Committee before
           public submissions                                   32




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      Division 3 -- Making of region planning scheme
             and amendments
41.   Procedure                                              33
42.   Consent to public submissions                          33
43.   Deposit and notification of scheme or amendment        33
44.   Submissions to Commission                              35
45.   Role of Commission in relation to environmental
      submissions on scheme or amendment                     36
46.   Person making submission may be heard                  36
47.   Referrals to Swan Valley Planning Committee after
      public submissions                                     37
48.   Submissions to Minister                                37
49.   Minister may withdraw scheme or amendment              38
50.   Prerequisite for final approval of Minister            38
51.   Directions by Minister                                 39
52.   Procedure on modifications                             39
53.   Approval of Governor                                   39
54.   Publication of scheme or amendment                     40
55.   Approval of scheme or amendment may be revoked         40
56.   Scheme or amendment may be disallowed                  41
      Division 4 -- Minor amendments to region
             planning scheme
57.   Minor amendment                                        42
58.   Notification of minor amendment                        42
59.   Consideration of submissions on minor amendment        43
60.   Role of Commission in relation to environmental
      submissions on minor amendment                         43
61.   Prerequisite for final approval by Minister of
      proposed minor amendment                               44
62.   Minister may approve or decline to approve minor
      amendment                                              45
      Division 5 -- Consolidation of region planning
             scheme
63.   Minister may direct consolidation                      46
64.   Maps, plans, diagrams may be added or substituted      46
65.   Certification and delivery of consolidation            47
66.   Proof of consolidation                                 47
67.   Consolidation of portion of region planning scheme     47




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           Part 5 -- Local planning schemes
           Division 1 -- Continuation and formulation of
                  local planning schemes
   68.     Town planning schemes continued as local planning
           schemes                                               48
   69.     General objects of local planning scheme              48
   70.     Scheme may be made for land outside scheme or be
           concurrent with another scheme                        48
   71.     Prohibition on making local planning scheme in
           redevelopment area                                    49
   72.     Local government may prepare or adopt scheme          49
   73.     Provisions of local planning scheme                   50
   74.     Local planning scheme may be repealed                 51
   75.     Local planning scheme may be amended                  51
           Division 2 -- Minister's powers in relation to local
                  planning schemes
   76.     Minister may order local government to prepare or
           adopt local planning scheme                           51
           Division 3 -- Relevant considerations in
                  preparation or amendment of local planning
                  scheme
   77.     Effect of State planning policy                       52
   78.     Schemes and amendments applicable to the Swan
           Valley                                                53
   79.     Advice from Heritage Council                          54
   80.     Swan River management programme                       54
   81.     Referral of scheme or amendment to EPA                54
   82.     Environmental review                                  55
   83.     Consultation of persons likely to be affected         56
           Division 4 -- Advertisement and approval
   84.     Advertisement of scheme or amendment                  57
   85.     Role of local governments in relation to
           environmental submissions                             57
   86.     Prerequisite to final approval by Minister            58
   87.     Approval and publication of scheme or amendment       58
           Division 5 -- Review of local planning schemes
   88.     Local government to prepare consolidation             59
   89.     Submissions on consolidated scheme                    61


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90.    Report on scheme                                        61
91.    Procedure where no change to scheme                     61
92.    Procedure where amendments proposed                     62
93.    Effect of publication of consolidation                  63
94.    Procedure where new scheme prepared following
       report                                                  64
95.    Procedure where scheme repealed following report        64
96.    Consolidation of 2 or more local planning schemes       65
       Division 6 -- Crown land
97.    Planning of town and suburban lands                     65
       Part 6 -- Interim development orders
       Division 1 -- Regional interim development orders
98.    Regional interim development orders                     67
99.    Contents of regional interim development order          68
100.   Consultation with local government on development
       approval                                                69
101.   Restrictions on power to grant development approval     69
       Division 2 -- Local interim development orders
102.   Local interim development orders                        69
103.   Contents of local interim development orders            70
       Division 3 -- Provisions applying to regional and
              local interim development orders
104.   Consultation with public authorities and utility
       services providers                                      71
105.   Publication of summary of interim development order     72
106.   Administration of interim development order             72
107.   Effect and duration of interim development order        73
108.   Effect on continued use and permitted development       73
109.   Amendment of interim development order                  74
110.   Revocation of interim development order                 74
111.   Non-conforming development by local government or
       public authority                                        75
       Part 7 -- Planning control areas
112.   Declaration of planning control areas                   77
113.   Declaration may be amended or revoked                   78
114.   Duration of declaration                                 78



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   115.    Applications for approval of development in planning
           control areas                                           78
   116.    Commission may approve or refuse application            78
   117.    Commission may revoke approval                          79
   118.    Effect of Part                                          80
           Part 8 -- Improvement plans
   119.    Commission may recommend improvement plan               81
   120.    Improvement plan may be amended or revoked              82
   121.    Commission may develop land included in
           improvement plan                                        82
   122.    Nothing in this Part derogates from other powers        83
           Part 9 -- Relationship between region
                planning schemes, local planning
                schemes, planning control
                provisions and written laws
   123.    Local planning schemes and local laws to be
           consistent with region planning scheme                  84
   124.    Effect of region planning scheme on local planning
           scheme                                                  84
   125.    Minister may direct local government to amend local
           planning scheme for consistency                         85
   126.    Zoning amended by region planning scheme                86
   127.    Minister may direct local government to modify
           proposed scheme or amendment                            87
   128.    Minister may direct local government to adopt scheme
           or amendment                                            87
   129.    Effect of interim development order on local planning
           scheme and local laws                                   89
   130.    Planning control area provisions prevail                89
   131.    Compliance with local government regulations            90
   132.    Governor may suspend operation of certain written
           laws                                                    90




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       Part 10 -- Subdivision and development
            control
       Division 1 -- Application
133.   Application to Crown land                                 91
134.   Application, and effect, of other written laws            91
       Division 2 -- Approval for subdivision and certain
              transactions
135.   Approval required for subdivision                         92
136.   Approval required for certain transactions where land
       not dealt with as a lot or lots                           93
137.   Applications in respect of heritage land                  94
138.   Approval of Commission                                    95
139.   Approved classes of lease or licence                      96
140.   Saving of certain agreements                              98
141.   Refund where transaction cannot be completed              99
142.   Objections and recommendations                            99
143.   How Commission is to deal with plan of subdivision       100
144.   Reconsideration of refusal to approve plan of
       subdivision                                              101
145.   Endorsement of approval upon diagram or plan of
       survey of subdivision                                    101
146.   No certificate of title for subdivided land without
       endorsement of Commission approval                       102
147.   Approval required for certain transfers and other
       dealings                                                 103
       Division 3 -- Conditions of subdivision
148.   Conditions as to development                             104
149.   Conditions on rural land (tied lots)                     105
150.   Conditions on road access                                107
151.   Reconsideration of conditions                            108
152.   Certain land to vest in the Crown                        108
153.   When owner may pay money in lieu of land being set
       aside for open space                                     110
154.   How money received in lieu of open space is to be
       dealt with                                               110
155.   How value of portion is determined                       112
156.   Dispute as to valuation                                  113
157.   When approval of subdivision is deemed to be
       approval under planning scheme                           113

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            Division 4 -- Subdivision costs
   158.     Expenses of road or waterway construction and road
            drainage                                               114
   159.     Subdivider may recover portion of road costs from
            subsequent subdivider                                  115
   160.     How subdivision costs recovered                        117
   161.     When land is subdivided                                117
            Division 5 -- Development controls
   162.     Development requires approval                          117
   163.     Heritage places                                        118
   164.     Development may be approved after commencement         118
            Division 6 -- Miscellaneous
   165.     Record of conditions on title                          119
   166.     Encroachments                                          119
   167.     Easements                                              120
   168.     Roads                                                  122
   169.     Commission may fix minimum standards of
            construction                                           124
   170.     Local government to be provided with specifications
            for roads and waterways                                124
            Part 11 -- Compensation and
                 acquisition
            Division 1 -- General matters in relation to
                   compensation
   171.     Only one entitlement to compensation                   126
            Division 2 -- Compensation where land injuriously
                   affected by planning scheme
   172.     Meaning of terms used in this Division                 126
   173.     Entitlement to compensation where land injuriously
            affected by planning scheme                            127
   174.     When land is injuriously affected                      127
   175.     No entitlement to compensation where provisions are,
            or could have been, in certain other laws              129
   176.     How questions determined                               129
   177.     When compensation is payable if land reserved for
            public purpose                                         130
   178.     When claim for compensation may be made                131



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179.   Amount of compensation for injurious affection
       arising out of reservation for public purposes        132
180.   Notification may be lodged if compensation paid       133
181.   Responsible authority may recover compensation if
       reservation revoked or reduced                        133
182.   Board of Valuers                                      137
183.   Valuations by the Board                               138
       Division 3 -- Other compensation
184.   Betterment, and compensation where scheme
       amended or repealed                                   139
185.   Compensation in relation to interim development
       order                                                 140
186.   Compensation in relation to planning control areas    141
       Division 4 -- Purchase or compulsory acquisition
187.   Election to acquire instead of compensation           141
188.   How value of land is to be determined                 142
189.   Commission may purchase land before scheme has
       force of law                                          143
190.   Responsible authority may purchase land               144
191.   Responsible authority may take land comprised in
       scheme                                                144
192.   Valuation of land or improvements acquired by
       responsible authority                                 144
193.   Responsible authority has powers of owner of land     145
194.   Responsible authority may grant easements             146
195.   Commission may acquire land included in
       improvement plan                                      146
196.   Commission may dispose of land acquired by it         147
197.   Governor may declare land to be held and used for
       region planning scheme                                147
       Part 12 -- Financial provisions
       Division 1 -- Metropolitan Region Improvement
             Fund
198.   Metropolitan Region Improvement Fund                  149
199.   Use of Fund                                           149




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           Division 2 -- Metropolitan Region Improvement
                 Tax
  200.     Owners' liability to pay Metropolitan Region
           Improvement Tax                                        150
  201.     How tax collections are dealt with                     151
           Division 3 -- Financial provisions relating to the
                 Commission
  202.     Saving                                                 152
  203.     Funds of the Commission                                152
  204.     Approval of the Minister to certain expenditure        152
  205.     Borrowing restrictions                                 152
  206.     Borrowing from Treasurer                               153
  207.     Guarantees of borrowing etc.                           153
  208.     Application of Financial Administration and Audit
           Act 1985                                               154
  209.     Land of Commission not subject to rates etc.           154
           Division 4 -- Financial provisions relating to local
                 governments
  210.     Apportionment of expenses between local
           governments                                            154
           Part 13 -- Enforcement and legal
                proceedings
           Division 1 -- Enforcement
  211.     Minister may give orders to local government           156
  212.     Minister may assume powers of local government or
           enforce review decision                                157
  213.     Effect of amendment, scheme, consolidation or repeal
           prepared by Minister                                   159
  214.     Directions by responsible authority regarding
           unauthorised development                               159
  215.     Responsible authority may remove or alter
           unauthorised development                               161
  216.     Injunction                                             162
  217.     Powers of Minister to ensure that environmental
           conditions are met                                     163




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        Division 2 -- Offences
218.    Contravention of planning scheme                      165
219.    Unauthorised subdivision works                        165
220.    Development in planning control area without prior
        approval                                              166
221.    Contravention of interim development order            166
222.    Development in heritage place without approval        166
223.    Penalty for offence                                   167
224.    Other enforcement provisions not affected             167
225.    Onus of proof in vehicle offence may be shifted       167
        Division 3 -- Infringement notices
226.    Interpretation                                        168
227.    Prescribed offences                                   169
228.    Giving of infringement notice                         169
229.    Content of infringement notice                        169
230.    Extension of time                                     170
231.    Withdrawal of infringement notice                     170
232.    Benefit of paying modified penalty                    170
233.    Application of penalties collected                    171
234.    Appointment of designated persons                     171
235.    Notice placing onus on vehicle owner                  171
        Part 14 -- Appeals
        Division 1 -- Establishment of Tribunal
236.    Establishment of Town Planning Appeal Tribunal        173
237.    Members of Tribunal                                   173
238.    Qualifications of members                             173
239.    Further provisions concerning Tribunal members        174
        Division 2 -- How Tribunal is constituted
240.    President determines how Tribunal is constituted      174
241.    President responsible for administration              176
242.    Delegation by President                               176
        Division 3 -- The Principal Registrar and other
              officers
243.    Principal Registrar                                   176
244.    President may give Principal Registrar directions     177
245.    Other officers of the Tribunal                        177
 246.   Functions of the Registrar                            177



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Contents



           Division 4 -- Proceedings of the Tribunal
   247.    Appeals to the Tribunal                                 178
   248.    Commencement of appeal                                  178
   249.    Notice of hearings                                      178
   250.    Determination of appeals                                179
   251.    Procedure of the Tribunal                               179
   252.    Failure to comply with summons or requirement of
           Tribunal                                                181
   253.    False or misleading evidence                            182
   254.    Offences against Tribunal                               182
   255.    Protection of Tribunal members, practitioners,
           witnesses and others                                    182
   256.    Evidentiary provision                                   183
   257.    Who presides                                            183
   258.    Representation                                          183
   259.    Powers with respect to witnesses and evidence           184
   260.    Tribunal to invite submissions from Minister for the
           Environment before determining certain appeals          184
   261.    Tribunal to have regard to certain matters              185
   262.    Submissions from persons who are not parties            185
   263.    Questions of law                                        186
   264.    Written reasons for determination and publication of
           reasons                                                 186
   265.    Costs                                                   186
   266.    Review by President                                     187
   267.    Appeal to Supreme Court on question of law              187
   268.    Determination of Tribunal final                         188
           Division 5 -- Intervention by Minister
   269.    Minister may make submissions                           188
   270.    Minister may call in appeal                             189
   271.    Determination of appeal by Minister                     190
           Division 6 -- Miscellaneous
   272.    Laying before House of Parliament that is not sitting   191
   273.    Judicial notice of seal and signatures                  192
   274.    Immunity of Tribunal and officers                       192
   275.    Rules                                                   192




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       Division 7 -- Decisions which may be appealed
276.   Appeal against decision under interim development
       order                                                     193
277.   Appeal against decision in respect of development in
       planning control area                                     193
278.   Appeal against certain decisions under Part 10            194
279.   Appeal against exercise of discretionary power under
       a planning scheme                                         194
280.   Notice of default for purposes of this Division           195
       Division 8 -- Other appeals
281.   Appeal against decision under section 48I of EP Act       196
282.   Appeal against section 214 direction                      197
       Part 15 -- Subsidiary legislation
       Division 1 -- Subsidiary legislation made by
             Minister
283.   General provisions of planning schemes                    198
284.   Court may order compensation in respect of certain
       breaches of general regulations                           198
285.   Procedure and costs for local planning schemes            199
286.   Environmental review expenses                             200
287.   Penalties                                                 200
       Division 2 -- Subsidiary legislation made by
             Governor
288.   Local government fees                                     201
289.   Uniform general local laws                                202
290.   Governor may make regulations                             203
       Division 3 -- General
291.   Regulations may adopt codes and other texts               204
       Part 16 -- Miscellaneous
292.   Delegation by Minister                                    206
293.   Duties and liabilities of persons performing functions
       under this Act                                            206
294.   Protection from liability for wrongdoing                  208
295.   Review of Act                                             209




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Planning and Development Bill 2004



Contents



           Schedule 1 -- Constitution and
               proceedings of the board                        210
   1.      Terms used in this Schedule                         210
   2.      Term of office                                      210
   3.      Extent of duties                                    210
   4.      Resignation and removal                             210
   5.      Leave of absence                                    211
   6.      Deputy chairperson                                  211
   7.      Deputy members                                      212
   8.      Meetings                                            212
   9.      Resolution without meeting                          213
   10.     Telephone or similar meetings                       213
   11.     Minutes of meetings                                 213
   12.     Procedures                                          213
           Schedule 2 -- Committees                             214
   1.      Committees -- general                                214
   2.      Deputy members -- local government representatives   215
   3.      Executive, Finance and Property Committee           215
   4.      Statutory Planning Committee                        216
   5.      Sustainable Transport Committee                     217
   6.      Infrastructure Coordinating Committee               218
   7.      Coastal Planning and Coordination Council           219
   8.      Regional planning committees                        221
   9.      District planning committees                        222
           Schedule 3 -- Metropolitan region                    224

           Schedule 4 -- Other regions                          226
   1.      Gascoyne Region                                     226
   2.      Goldfields-Esperance Region                         226
   3.      Great Southern Region                               226
   4.      Kimberley Region                                    226
   5.      Mid West Region                                     226
   6.      Peel Region                                         226
   7.      Pilbara Region                                      226
   8.      South West Region                                   227
   9.      Wheatbelt Region                                    227




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      Schedule 5 -- Local governments --
          metropolitan region                                     228
1.    SOUTH-WEST GROUP                                            228
2.    WESTERN SUBURBS GROUP                                       228
3.    NORTH-WEST GROUP                                            228
4.    SOUTH-EAST GROUP                                            229
5.    EASTERN GROUP                                               229
      Schedule 6 -- Planning control areas:
          purposes for which land may be
          required                                                230

      Schedule 7 -- Matters which may be
          dealt with by planning scheme                           231
1.    Generality preserved                                        231
2.    Subdivision                                                 231
3.    Reconstruction                                              231
4.    Preservation and conservation                               231
5.    Roads, public works, undertakings, purposes and
      facilities                                                  232
6.    Zoning                                                      232
7.    Special controls                                            232
8.    Development standards                                       232
9.    Development controls                                        233
10.   Acquisition and purchase                                    233
11.   Powers                                                      233
12.   Agreements and cooperation                                  233
13.   Carrying out the scheme                                     233
14.   Appeal                                                      234
15.   General and ancillary matters                               234
      Schedule 8 -- Matters for which local
          laws may be made by Governor                            235
1.    Purchase and reservation of land                            235
2.    Limitation of building                                      235
3.    Classification and zoning                                   235
4.    Prohibition of use                                          235
5.    Prescribing characteristics of building                     236
6.    Prohibition of trade etc. or erection or use of building    236

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   7.      Requirements of new subdivisions                     236
   8.      Building lines                                       236
   9.      Open space etc.                                      237
   10.     Heights                                              237
   11.     Authority                                            237
           Schedule 9 -- Board of Valuers                        238
   1.      Interpretation                                       238
   2.      Term of office                                       238
   3.      Constitution of the Board                            238
   4.      Resignation or removal from office                   238
   5.      Fees and expenses                                    238
           Schedule 10 -- The Tribunal                           240
   1.      Term of office                                       240
   2.      Removal and resignation                              240
   3.      Leave of absence                                     240
   4.      Deputy President                                     241
   5.      Acting Tribunal members                              241
   6.      Remuneration, allowances and conditions of service   242
           Schedule 11 -- The Principal Registrar                243
   1.      Term of office                                       243
   2.      Removal and resignation                              243
   3.      Salary, entitlements and conditions of service       243
   4.      Acting Principal Registrar                           244
           Defined Terms




page xvi
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended by the Legislation Committee)



         Planning and Development Bill 2004


                               A Bill for


An Act to provide for a system of land use planning and development
in the State and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Planning and Development Bill 2004
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Planning and Development
                Act 2004.

5    2.         Commencement
          (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

     3.         Purposes of this Act
10        (1)   The purposes of this Act are to --
                 (a) consolidate the provisions of the Acts repealed by the
                       Planning and Development (Consequential and
                       Transitional Provisions) Act 2004 (the Metropolitan
                       Region Town Planning Scheme Act 1959, the Town
15                     Planning and Development Act 1928 and the Western
                       Australian Planning Commission Act 1985) in a
                       rewritten form;
                 (b) provide for an efficient and effective land use planning
                       system in the State; and
20               (c) promote the sustainable use and development of land in
                       the State.
          (2)   If --
                 (a)   the Metropolitan Region Town Planning Scheme
                       Act 1959, the Town Planning and Development
25                     Act 1928 or the Western Australian Planning
                       Commission Act 1985 expressed an idea in a particular
                       form of words; and
                 (b)   this Act appears to have expressed the same idea in a
                       different form of words in order to use a clearer or
30                     simpler style,


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                                              Planning and Development Bill 2004
                                                       Preliminary        Part 1

                                                                               s. 4



                the ideas are not to be taken to be different just because
                different forms of words were used.

     4.         Terms used in this Act
          (1)   In this Act, unless the contrary intention appears --
5               "Account" means the account referred to in section 203(2);
                "appeal" means an appeal made to the Tribunal under Part 14;
                "artificial waterway" means an artificial channel, lake, harbour
                     or embayment, for navigational, ornamental and
                     recreational purposes, or for any of those purposes, and
10                   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;
                "board" means the board referred to in section 9;
15              "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
20                   Commission established by section 7;
                "Crown land" has the same meaning as it has in the Land
                     Administration Act 1997;
                "deputy member" means a person appointed under Schedule 1
                     clause 7;
25              "deputy President" means deputy President of the Tribunal;
                "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;
30                   (b) the carrying out on the land of any excavation or
                           other works;


                                                                             page 3
     Planning and Development Bill 2004
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     s. 4



                   (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
5                                 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,
10                 for approval of development;
              "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;
15            "environmental condition" means a condition agreed under
                   section 48F, or decided under section 48J, of the EP Act;
              "EPA" means the Environmental Protection Authority
                   continued in existence under the EP Act;
              "EP Act" means the Environmental Protection Act 1986;
20            "Fund" means the Metropolitan Region Improvement Fund
                   established under section 198;
              "Heritage Council" means the Heritage Council of Western
                   Australia established under the Heritage of Western
                   Australia Act 1990;
25            "improvement plan" means an improvement plan referred to
                   in section 119;
              "interim development order" means a regional interim
                   development order or a local interim development order;
              "LAA Department" means the department principally assisting
30                 in the administration of the Land Administration Act 1997;




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                                           Preliminary        Part 1

                                                                   s. 4



     "land" includes --
          (a) land, tenements and hereditaments;
          (b) any interest in land, tenements and hereditaments;
                and
5         (c) houses, buildings, and other works and structures;
     "legal practitioner" has the same meaning as in the Legal
          Practice Act 2003;
     "local interim development order" means an interim
          development order made under section 102;
10   "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 --
15        (a) depicted on a plan or diagram --
                   (i) available from the TLA Department; or
                  (ii) deposited in the TLA Department or the
                         Registry of Deeds,
                and for which a separate Crown Grant or certificate
20              of title has been or can be issued;
          (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
25                       Act 1933;
                  (ii) a certificate of title registered under the
                         Transfer of Land Act 1893;
                 (iii) a survey into a location or lot under
                         section 27(2) of the Land Administration
30                       Act 1997 or a certificate of Crown land title
                         the subject of such a survey;



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     Planning and Development Bill 2004
     Part 1         Preliminary

     s. 4



                         (iv)     a part-lot shown on a diagram or plan of
                                  survey of a subdivision deposited in the TLA
                                  Department or the Registry of Deeds; or
                            (v) a conveyance registered under the
5                                 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;
10            "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
15                 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;
              "officer of the Commission" means either of the following --
20                 (a) the Secretary to the Commission appointed under
                          section 21(1);
                   (b) a public service officer referred to in section 22;
              "party", in relation to an appeal, means any of the following --
                   (a) the appellant;
25                 (b) the person who made the decision or direction
                          appealed against;
                   (c) any person joined as a party to the appeal by the
                          Tribunal;
              "planning control area" means a planning control area
30                 declared and in force under section 112;




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                                                                     s. 4



     "planning scheme" means a local or region planning scheme
         that has effect under this Act and includes --
         (a) the provisions of the scheme; and
         (b) all maps, plans, specifications and other particulars
5               contained in the scheme and colourings, markings or
                legends on the scheme;
     "President" means President of the Tribunal;
     "Principal Registrar" means the Principal Registrar of the
         Tribunal;
10   "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,
15              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 within the meaning of
         the Public Works Act 1902;
20   "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
25              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
30       administration of the Regional Development Commissions
         Act 1993;
     "regional order area" means an area affected by, and specified
         in, a regional interim development order;

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     s. 4



              "responsible authority" 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
5                        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,
10                       the Commission or a local government exercising the
                         powers of the Commission;
              "road" means a public thoroughfare for vehicles (within the
                  meaning of the Road Traffic Act 1974) or pedestrians, and
                  includes structures or other things appurtenant to the road
15                that are within its limits, and a thoroughfare is not
                  prevented from being a road only because it is not open at
                  each end;
              "rules" means rules of the Tribunal made under section 275;
              "State planning policy" means a planning policy approved
20                under section 29;
              "subdivision" includes amalgamation;
              "Swan Valley" has the same meaning as it has in the Swan
                  Valley Planning Act 1995;
              "Swan Valley Planning Committee" has the same meaning as
25                it has in the Swan Valley Planning Act 1995;
              "TLA Department" means the department principally assisting
                  in the administration of the Transfer of Land Act 1893;
              "Tribunal" means the Town Planning Appeal Tribunal
                  established by section 236;
30            "Tribunal member" means a member of the Tribunal and
                  includes the President, deputy President and a person
                  appointed under Schedule 10 clause 5;




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                                                                                s. 5



                "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
5                    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
10                      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
15                      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
20              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
25              provision relating to a region scheme the provision relating to
                the region scheme prevails to the extent that it is in conflict or
                inconsistent.

     5.         Crown bound
          (1)   Except as provided in section 6 this Act binds the Crown.
30        (2)   A region planning scheme binds the Crown.




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     s. 6



     6.         Act does not interfere with public works
          (1)   Subject to section 5(2) and subsections (2) and (3) of this
                section, nothing in this Act interferes with the right of the
                Crown, or the Governor, or the Government of the State, or a
5               local government --
                  (a) to undertake, construct or provide any public work; and
                  (b) to take land for the purposes of that public work.
          (2)   Rights referred to in subsection (1) are to be exercised having
                regard to --
10                (a) the purpose and intent of any planning scheme that has
                        effect in the locality where, and at the time when, the
                        right is exercised; and
                  (b) the orderly and proper planning, and the preservation of
                        the amenity, of that locality at that time.
15        (3)   The responsible authority is to be consulted at the time when a
                proposal for any public work, or for the taking of land for a
                public work, is being formulated to ensure that the undertaking,
                construction, or provision of, or the taking of land for, the
                public work will comply with subsection (2).




     page 10
                                              Planning and Development Bill 2004
                       The Western Australian Planning Commission         Part 2
                                   Establishment and management      Division 1
                                                                             s. 7



                      Part 2 -- The Western Australian
                            Planning Commission
                  Division 1 -- Establishment and management
     7.          Commission established
5          (1)   A body called the Western Australian Planning Commission is
                 established.
           (2)   The Commission is a body corporate with perpetual succession.
           (3)   Proceedings may be taken by or against the Commission in its
                 corporate name.

10   8.          Status
                 The Commission is an agent of the State and has the status,
                 immunities and privileges of the State.

     9.          Management
           (1)   The Commission is to have a board of management.
15         (2)   The board is the governing body of the Commission.
           (3)   The board, in the name of the Commission, is to perform the
                 functions of the Commission under this Act or any other written
                 law.

     10.         Membership of board
20         (1)   The board is to consist of the following members --
                  (a) a chairperson appointed by the Governor on the
                        nomination of the Minister;
                  (b) 6 members appointed by the Governor, of whom --
                          (i) one is to be a person nominated by the Minister
25                              from a list of the names of 4 persons representing
                                the interests of local governments within the
                                metropolitan region submitted to the Minister by
                                WALGA;

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     Planning and Development Bill 2004
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     Division 1     Establishment and management
     s. 10



                      (ii)    one is to be a person nominated by the Minister
                              from a list of the names of 4 persons representing
                              the interests of the local governments outside the
                              metropolitan region submitted to the Minister by
5                             WALGA;
                      (iii)   one is to be a person nominated by the Minister
                              as having experience of the field of coastal
                              planning and management;
                      (iv)    one is to be a person nominated by the Minister
10                            as having practical knowledge of and experience
                              in one or more of the fields of urban and regional
                              planning, property development, commerce and
                              industry, business management, financial
                              management, engineering, surveying, valuation,
15                            transport or urban design;
                      (v)     one is to be a person nominated by the Minister
                              as having practical knowledge of and experience
                              in one or more of the fields of environmental
                              conservation, natural resource management or
20                            heritage interests; and
                      (vi)    one is to be a person nominated by the Minister
                              as having practical knowledge of and experience
                              in one or more of the fields of planning and
                              provision of community services, community
25                            affairs or indigenous interests;
                     and
               (c)   the least number of other members who include --
                        (i) the chief executive officer of the department
                             principally assisting in the administration of this
30                           Act;
                       (ii) the chief executive officer of the Department
                             referred to in the Water Resources Management
                             (Administration) Act 2003;



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                                        Planning and Development Bill 2004
                 The Western Australian Planning Commission         Part 2
                             Establishment and management      Division 1
                                                                      s. 10



                    (iii)   the chief executive officer of the department
                            principally assisting in the administration of the
                            Transport Co-ordination Act 1966;
                    (iv)    the chief executive officer of the department
5                           principally assisting in the administration of the
                            Environmental Protection Act 1986;
                    (v)     the chief executive officer of the department
                            principally assisting in the administration of the
                            Government Agreements Act 1979;
10                  (vi)    the chief executive officer of the department
                            principally assisting in the administration of the
                            Housing Act 1980;
                   (vii)    a person, whether a member under another
                            subparagraph or another person nominated by the
15                          Minister, who has experience in the field of
                            urban and regional planning and is employed in
                            an agency, as defined in the Public Sector
                            Management Act 1994, for which the Minister is
                            responsible; and
20                (viii)    a person nominated by the Regional Minister.
     (2)   When the submission of a list of names is required for the
           purposes of subsection (1)(b)(i) or (ii), that submission is to be
           made to the Minister in writing signed on behalf of WALGA
           within such reasonable time after the receipt by WALGA of a
25         notice from the Minister stating that the submission is required
           as is specified in the notice.
     (3)   If a submission is not made under subsection (2) within the time
           specified under that subsection, the Minister may nominate a
           person the Minister thinks fit to be a member in place of the
30         person referred to in subsection (1)(b)(i) or (ii).




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     Planning and Development Bill 2004
     Part 2         The Western Australian Planning Commission
     Division 1     Establishment and management
     s. 11



     11.         Associate members
           (1)   In this section --
                 "regional matter" means a matter that, in the opinion of the
                     chairperson, affects more than one local government in a
5                    region referred to in Schedule 4.
           (2)   The Governor may, on the nomination of the Minister, appoint
                 an associate member for a region referred to in Schedule 4.
           (3)   Each nomination by the Minister for appointment as an
                 associate member under subsection (2) is to be made on the
10               recommendation of the Regional Minister.
           (4)   Where it appears to the chairperson that a regional matter is to
                 be considered at a meeting of the board the chairperson may, by
                 written notice specifying the time and place of the meeting,
                 request the associate member for that region to attend that
15               meeting for the consideration of that matter.

     12.         Constitution and proceedings
                 Schedule 1 has effect.

     13.         Remuneration and allowances
                 A member, a deputy member, an associate member or a member
20               of a committee established under Schedule 2 is to be paid such
                 remuneration and allowances as are determined by the Minister
                 on the recommendation of the Minister for Public Sector
                 Management.




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                                         Planning and Development Bill 2004
                  The Western Australian Planning Commission         Part 2
                                         Functions and powers   Division 2
                                                                       s. 14



                  Division 2 -- Functions and powers
     14.   Functions of the Commission
           The functions of the Commission are --
            (a)    to advise the Minister on --
5                     (i) the coordination and promotion of land use,
                           transport planning and land development in the
                           State in a sustainable manner;
                     (ii) the administration, revision and reform of
                           legislation relating to land use, transport
10                         planning and land development;
                    (iii) local planning schemes, and amendments to
                           those schemes, made or proposed to be made for
                           any part of the State;
            (b)    to prepare and keep under review --
15                    (i) a planning strategy for the State; and
                     (ii) planning policies,
                   as a basis for coordinating and promoting land use
                   planning, transport planning and land development in a
                   sustainable manner, and for the guidance of public
20                 authorities and local governments on those matters;
            (c)    to plan for the coordinated provision of transport and
                   infrastructure for land development;
            (d)    to provide advice and assistance to any body or person
                   on land use planning and land development and in
25                 particular to local governments in relation to local
                   planning schemes and their planning and development
                   functions;
            (e)    to undertake research and develop planning methods and
                   models relating to land use planning, land development
30                 and associated matters;




                                                                    page 15
     Planning and Development Bill 2004
     Part 2         The Western Australian Planning Commission
     Division 2     Functions and powers
     s. 15



                   (f)   to keep under review the strategic planning for the
                         metropolitan region and any other part of the State to
                         which a region planning scheme applies and to make
                         recommendations to the Minister on that strategic
5                        planning;
                  (g)    to prepare and amend State planning policies under
                         Part 3;
                  (h)    to prepare region planning schemes under Part 4;
                   (i)   to keep under review each region planning scheme, to
10                       review the scheme completely whenever requested by
                         the Minister to do so and to submit for approval under
                         Part 4 any amendment of a region planning scheme
                         considered necessary as a result of a review;
                   (j)   to develop, maintain and manage land held by it that is
15                       reserved under a region planning scheme and to carry
                         out such works, including the provision of facilities on
                         the land, as may be incidental to development,
                         maintenance or management or to be conducive to the
                         use of the land for any purpose for which it is reserved;
20                (k)    to establish, and exercise powers in relation to,
                         committees under Schedule 2;
                   (l)   to do all things that are necessary for the purpose of
                         carrying out this Act and region planning schemes; and
                  (m)    to do anything else that it is required or authorised to do
25                       by this or any other written law.

     15.         Powers
           (1)   The Commission may do all things necessary or convenient to
                 be done for or in connection with the performance of its
                 functions.
30         (2)   Without limiting subsection (1), the Commission may, for the
                 purpose of performing a function --
                   (a) subject to this Act, acquire, hold and dispose of real and
                        personal property;

     page 16
                                  Planning and Development Bill 2004
           The Western Australian Planning Commission         Part 2
                                  Functions and powers   Division 2
                                                                s. 15



     (b)    enter into an agreement with any person under which
            that person may acquire a lease of, a licence in respect
            of, or any other estate or interest in, any land mentioned
            in section 14(j);
5    (c)    develop and turn to account any technology, software or
            other intellectual property that relates to the function,
            and, for that purpose, apply for, hold, exploit and
            dispose of any patent, patent rights, copyright or similar
            rights;
10   (d)    enter into a contract or arrangement with a person or
            body (including a local government or a department of
            the Public Service, or other agency or instrumentality, in
            the State or elsewhere) --
               (i) for the supply of equipment by that person or
15                  body;
              (ii) to provide consultancy or advisory services to
                    that person or body; or
             (iii) for the commercial exploitation of the
                    knowledge, expertise and resources of the
20                  Commission and the rights referred to in
                    paragraph (c);
     (e)    subject to subsection (3), enter into a contract or
            arrangement with a person or body (including a local
            government or a department of the Public Service, or
25          other agency or instrumentality, in the State or
            elsewhere) for the performance by that person or body
            of any work or the supply of services;
     (f)    on terms and conditions approved by the Minister and
            the Treasurer, participate in any business arrangement
30          and acquire, hold and dispose of shares, units or other
            interests in, or relating to, a business arrangement; and
     (g)    act in conjunction with a person, a firm, a local
            government or a department of the Public Service, or
            other agency or instrumentality, of the State, another
35          State or Territory or the Commonwealth.

                                                              page 17
     Planning and Development Bill 2004
     Part 2         The Western Australian Planning Commission
     Division 2     Functions and powers
     s. 16



           (3)   The Commission is not to enter into a contract or arrangement
                 referred to in subsection (2)(e) unless --
                   (a) the Minister has approved; and
                   (b) the contract or arrangement is entered into in such
5                        circumstances and for such periods as the Minister may
                         from time to time specify by written notice given to the
                         Commission.
           (4)   For the purposes of subsection (2)(f) the Minister and the
                 Treasurer may approve terms and conditions in respect of a
10               specific business arrangement or class of business arrangement
                 or in respect of business arrangements generally.
           (5)   In this section --
                 "business arrangement" means a company, a partnership, a
                      trust, a joint venture, an arrangement for sharing profits or
15                    an arrangement for sponsorship;
                 "participate" includes form, promote, establish, enter into,
                      manage, dissolve, wind up, and do anything incidental to
                      the participating in a business arrangement.

     16.         Delegation by Commission
20         (1)   The Commission may, by resolution, delegate to a person or
                 body referred to in subsection (3) any function of the
                 Commission under this Act or any other written law, except this
                 power of delegation.
           (2)   A resolution referred to in subsection (1) takes effect when
25               notice of the resolution is published in the Gazette.
           (3)   A delegation under subsection (1) may be made to --
                  (a) a member or associate member;
                  (b) a committee established under Schedule 2, or a member
                        of such a committee;
30                (c) an officer of the Commission;



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                                                Planning and Development Bill 2004
                         The Western Australian Planning Commission         Part 2
                                                Functions and powers   Division 2
                                                                              s. 17



                  (d)     a public authority or a member or officer of a public
                          authority; or
                   (e)    a local government, a committee established under the
                          Local Government Act 1995 or an employee of a local
5                         government.
           (4)   The reference to functions in subsection (1) extends, without
                 limitation or restriction, to all of the powers, privileges,
                 authorities, discretions, duties and responsibilities vested in or
                 imposed on the Commission by this Act or any other written
10               law.
           (5)   Without limiting the generality of subsection (1), where the
                 Commission has delegated its functions under section 14(i)
                 and 14(l), the delegation includes, subject to the instrument of
                 delegation, a delegation of every function of the Commission
15               under Part 4.
           (6)   A delegate cannot subdelegate the exercise or performance of
                 any function.
           (7)   A delegate exercising or performing a function as authorised
                 under this section is to be taken to do so in accordance with the
20               terms of the delegation unless the contrary is shown.
           (8)   Nothing in this section limits the ability of the Commission to
                 act through an officer or agent.
           (9)   This section does not apply to the execution of documents but
                 authority to execute documents on behalf of the Commission
25               can be given under section 24.

     17.         Directions by Minister
           (1)   The Minister may give written directions to the Commission
                 with respect to the exercise or performance of its functions,
                 either generally or in relation to a particular matter, and the
30               Commission is to give effect to any such direction.




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     Planning and Development Bill 2004
     Part 2         The Western Australian Planning Commission
     Division 2     Functions and powers
     s. 18



           (2)   The Minister is to cause the text of any direction given under
                 subsection (1) to be laid before each House of Parliament, or
                 dealt with under subsection (3), within 14 days after the
                 direction is given.
5          (3)   If --
                   (a)   at the commencement of the period referred to in
                         subsection (2) a House of Parliament is not sitting; and
                  (b)    the Minister is of the opinion that that House will not sit
                         during that period,
10               the Minister is to transmit a copy of the direction to the Clerk of
                 that House.
           (4)   A copy of a direction transmitted to the Clerk of a House is to
                 be taken to have been laid before that House.
           (5)   The laying of a copy of a direction that is regarded as having
15               occurred under subsection (4) is to be recorded in the Minutes,
                 or Votes and Proceedings, of the House on the first sitting day
                 of the House after the Clerk received the copy.
           (6)   The text of any direction given under subsection (1) is to be
                 included in the annual report submitted by the accountable
20               authority of the Commission under section 66 of the Financial
                 Administration and Audit Act 1985.
           (7)   Nothing in this section applies to a direction of the Minister
                 given under section 26(1), 28(4)(b), 31(1), 31(2), 43(5)(b),
                 51(1), 51(2), 52(2), 63(1) or 67(1).

25   18.         Minister to have access to information
           (1)   The Minister is entitled --
                   (a)   to have information in the possession of the
                         Commission; and
                  (b)    if the information is in or on a document, to have, and
30                       make and retain copies of, that document.



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                                               Planning and Development Bill 2004
                        The Western Australian Planning Commission         Part 2
                                               Functions and powers   Division 2
                                                                             s. 19



           (2)   For the purposes of subsection (1) the Minister may --
                  (a) request the Commission to give information to the
                         Minister;
                  (b) request the Commission to give the Minister access to
5                        information; and
                  (c) for the purposes of paragraph (b) make use of the staff
                         of the Commission to obtain the information and give it
                         to the Minister.
           (3)   The Commission has to comply with a request under
10               subsection (2) and make its staff and facilities available to the
                 Minister for the purposes of paragraph (c) of that subsection.
           (4)   In this section --
                 "document" includes any tape, disc or other device or medium
                      on which information is recorded or stored mechanically,
15                    photographically, electronically or otherwise;
                 "information" means information specified, or of a description
                      specified, by the Minister that relates to the functions of the
                      Commission.

     19.         Committees
20               Schedule 2 has effect with respect to committees established by
                 the Commission under that Schedule.

     20.         Fees
           (1)   The Minister may by notice published in the Gazette set fees to
                 be charged in respect of anything done under this Act and
25               services provided by the Commission in connection with its
                 functions.
           (2)   Fees set under subsection (1) are payable by the person at whose
                 request or on whose application the act is done.




                                                                             page 21
     Planning and Development Bill 2004
     Part 2         The Western Australian Planning Commission
     Division 3     Administration
     s. 21



                             Division 3 -- Administration
     21.         Secretary
           (1)   The Commission may appoint a person to the office of
                 Secretary to the Commission.
5          (2)   The office of Secretary to the Commission may be held under a
                 contract entered into with the Commission or under Part 3 of the
                 Public Sector Management Act 1994.

     22.         Staff of Commission
                 Public service officers are to be appointed or made available
10               under Part 3 of the Public Sector Management Act 1994 to
                 enable the Commission and its committees to perform their
                 respective functions.

     23.         Use of staff and facilities of public authorities
           (1)   The Commission may, by arrangement made between it and the
15               relevant employer, make use, either full-time or part-time, of the
                 services of any officer or employee employed --
                   (a) in the Public Service;
                   (b) in a State agency; or
                   (c) otherwise in the service of the State.
20         (2)   The Commission may by arrangement with --
                  (a)   a department of the Public Service; or
                  (b)   a State agency,
                 make use of any facilities of the department or agency.
           (3)   An arrangement under subsection (1) or (2) is to be made on
25               terms agreed to by the parties.




     page 22
                                              Planning and Development Bill 2004
                       The Western Australian Planning Commission         Part 2
                                                     Miscellaneous   Division 4
                                                                            s. 24



                             Division 4 -- Miscellaneous
     24.         Execution of documents
           (1)   The Commission is to have a common seal.
           (2)   A document is duly executed by the Commission if --
5                 (a) the common seal of the Commission is affixed to it in
                       accordance with subsections (3) and (4); or
                  (b) it is signed on behalf of the Commission by a person or
                       persons authorised to do so under subsection (5).
           (3)   The common seal of the Commission is not to be affixed to any
10               document except as authorised by the Commission.
           (4)   The common seal of the Commission is to be affixed to a
                 document in the presence of the chairperson and another
                 member, or the chairperson and an officer of the Commission
                 authorised by the Commission either generally or in any
15               particular case to be so present, and each of them is to sign the
                 document to attest that the common seal was so affixed.
           (5)   The Commission may, by writing under its common seal,
                 authorise a member or members or an officer or officers of the
                 Commission to sign documents on behalf of the Commission,
20               either generally or subject to such conditions or restrictions as
                 are specified in the authorisation.
           (6)   A document purporting to be executed in accordance with this
                 section is to be presumed to be duly executed until the contrary
                 is shown.
25         (7)   A document executed by a person under this section without the
                 common seal of the Commission is not to be regarded as a deed
                 unless the person executes it as a deed and is authorised under
                 subsection (5) to do so.
           (8)   When a document is produced bearing a seal purporting to be
30               the common seal of the Commission, it is to be presumed that
                 the seal is the common seal of the Commission until the
                 contrary is shown.

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     Planning and Development Bill 2004
     Part 3         State planning policies
     Division 1     Making of State planning policies
     s. 25



                       Part 3 -- State planning policies
                 Division 1 -- Making of State planning policies
     25.         Continuation of statements of planning policy
                 Any statement of planning policy in force under the Town
5                Planning and Development Act 1928 immediately before this
                 section comes into operation --
                   (a) continues in force as a State planning policy under this
                         Act; and
                   (b) has effect accordingly.

10   26.         Preparation of State planning policy
           (1)   The Commission may, with the approval or on the direction of
                 the Minister, prepare State planning policies.
           (2)   A State planning policy is to be directed primarily towards
                 broad general planning and facilitating the coordination of
15               planning throughout the State by local governments.
           (3)   Despite subsection (2), a State planning policy may make
                 provision for any matter which may be the subject of a local
                 planning scheme.
           (4)   A State planning policy may be prepared so as to apply --
20                (a) generally or in a particular class of matter or in
                        particular classes of matter; and
                  (b) throughout the State or in a specified portion or
                        specified portions of the State, whether or not a local
                        planning scheme has been prepared or is being prepared
25                      in that portion or those portions of the State.




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                                               Planning and Development Bill 2004
                                              State planning policies      Part 3
                                    Making of State planning policies Division 1
                                                                             s. 27



     27.         Matters to which Commission is to have regard
                 In the preparation of a State planning policy the Commission is
                 to have regard to --
                   (a) demographic, social and economic factors and
5                        influences;
                   (b) conservation of natural or cultural resources for social,
                         economic, environmental, ecological and scientific
                         purposes;
                   (c) characteristics of land;
10                 (d) characteristics and disposition of land use;
                   (e) amenity, design and environment;
                    (f) communications; and
                   (g) developmental requirements of public authorities,
                 in respect of the State or the portion of the State, or portions of
15               the State, to which the State planning policy is to apply, as the
                 case requires.
     28.         Consultation
           (1)   When preparing a State planning policy, the Commission --
                   (a)   if the State planning policy is likely to affect a district or
20                       districts in particular, is to consult the local government
                         for that district or the local governments for those
                         districts; and
                  (b)    in any other case is to consult WALGA,
                 with respect to the proposed State planning policy.
25         (2)   The Commission is to deposit copies of the proposed State
                 planning policy for public inspection during ordinary business
                 hours free of charge --
                   (a) at the office of the Commission; and
                   (b) at not less than 3 other public places which the
30                       Commission considers to be convenient for public
                         inspection.

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     Planning and Development Bill 2004
     Part 3         State planning policies
     Division 1     Making of State planning policies
     s. 29



           (3)   As soon as practicable after the deposit of the copies of the
                 proposed State planning policy under subsection (2) the
                 Commission is to cause to be inserted in a daily newspaper and
                 a Sunday newspaper a notice stating --
5                  (a) in short, the purpose of the proposed State planning
                        policy;
                   (b) that the proposed policy has been deposited and the
                        places and times at which it may be inspected free of
                        charge; and
10                 (c) the period (being a period of not less than 60 days after
                        the day on which the notice is published) within which,
                        and the form in which, submissions may be made to the
                        Commission on any provision of the proposal.
           (4)   Without limiting subsections (1), (2) and (3), the
15               Commission --
                  (a) is to make reasonable endeavours to consult in respect
                       of the proposed State planning policy such public
                       authorities and persons as appear to the Commission to
                       be likely to be affected by the policy; and
20                (b) is to take such steps to make public the details of the
                       proposed State planning policy as the Minister may
                       direct,
                 and may take such other steps as it considers necessary to make
                 public the details of the proposed policy.
25         (5)   The Commission is to consider any submissions with respect to
                 the proposed State planning policy and may modify the
                 proposed policy as it thinks fit.

     29.         Approval of Governor
           (1)   The Governor may approve a State planning policy prepared by
30               the Commission with or without such modifications as the
                 Minister may recommend and the Governor thinks necessary to
                 make and which the Governor is by this subsection authorised
                 to make.

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                                               Planning and Development Bill 2004
                                              State planning policies      Part 3
                                    Making of State planning policies Division 1
                                                                             s. 30



           (2)   A State planning policy has no force or effect until it is
                 approved by the Governor and published in the Gazette.

     30.         Publication of State planning policy
                 The Commission is to cause a copy of any State planning policy
5                approved by the Governor --
                   (a) to be published in the Gazette; and
                   (b) to be forwarded to each local government, any portion
                        of the district of which is included in the area covered
                        by the policy.

10   31.         Amendment or repeal of State planning policy
           (1)   A State planning policy may be amended by amendments
                 prepared by the Commission with the approval of the Minister,
                 or on a direction of the Minister.
           (2)   A State planning policy may be repealed by --
15                (a) a subsequent State planning policy; or
                  (b) an instrument of repeal --
                           (i) made by the Commission with the approval of
                                the Minister, or on a direction of the Minister;
                                and
20                        (ii) approved by the Minister and published in the
                                Gazette.
           (3)   Sections 26, 27, 28, 29 and 30 apply, with such modifications as
                 are necessary, to and in relation to an amendment as if the
                 amendment were a State planning policy.

25   32.         Environmental review
                 The Commission may, in relation to a particular State planning
                 policy or an amendment to such a policy, act under
                 sections 81, 82, 84, 85 and 86 as if --
                   (a) the Commission were a local government; and
30                 (b) that policy or amendment were a local planning scheme,
                 but otherwise this Part applies to that policy or amendment.

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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 1     Continuation and formulation of region planning schemes
     s. 33



                       Part 4 -- Region planning schemes
                 Division 1 -- Continuation and formulation of region
                                 planning schemes
     33.           Planning schemes continued
5          (1)     The Metropolitan Region Scheme in force under the
                   Metropolitan Region Town Planning Scheme Act 1959
                   immediately before this section comes into operation --
                     (a) continues in force as a region planning scheme under
                         this Act; and
10                   (b) has effect as if it were enacted by this Act.
           (2)     Any regional planning scheme in force under the Western
                   Australian Planning Commission Act 1985 immediately before
                   this section comes into operation --
                     (a) continues in force as a region planning scheme under
15                         this Act; and
                     (b) has effect as if it were enacted by this Act.

     34.           Region planning schemes
           (1)     If, in the opinion of the Commission or the Minister, matters of
                   State or regional importance so require, the Commission is to
20                 prepare such region planning schemes, and amendments to
                   region planning schemes, as may be necessary for the purposes
                   of this Act.
           (2)     A region planning scheme may be prepared for all or any of the
                   objects, purposes, provisions, powers or works referred to in
25                 section 69(1) and may provide for planning, replanning or
                   reconstructing the whole or any part of a region.




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                                                 Planning and Development Bill 2004
                                            Region planning schemes          Part 4
             Continuation and formulation of region planning schemes    Division 1
                                                                               s. 35



     35.         Preparation of region planning scheme or amendment
           (1)   Subject to section 36, the Commission may resolve to prepare a
                 region planning scheme or an amendment to a region planning
                 scheme.
5          (2)   Immediately after resolving to prepare a region planning
                 scheme, the Commission is to ensure compliance with the
                 relevant procedures set out in Divisions 2 and 3.
           (3)   Immediately after resolving to prepare an amendment to a
                 region planning scheme, the Commission is to ensure
10               compliance in respect of that amendment with the relevant
                 procedures set out in Divisions 2, 3 and 4.

     36.         Restrictions on making or amendment of region planning
                 scheme for metropolitan region
                 The Metropolitan Region Scheme and any other region scheme
15               applicable to the metropolitan region are not to be made or
                 amended under this Act --
                   (a) in a manner that is contrary to or inconsistent with --
                           (i) a provision of Part 5 of the Swan River Trust
                                 Act 1988; or
20                        (ii) an amendment made to the Metropolitan Region
                                 Scheme by section 14, 15, 16 or 17 of the Acts
                                 Amendment (Swan River Trust) Act 1988;
                   (b) in a manner that is contrary to or inconsistent with any
                        Order made under section 59 of the Heritage of Western
25                      Australia Act 1990, except in so far as may be ordered
                        on an appeal or referral made under section 60 of that
                        Act to the Tribunal;
                   (c) without limiting section 38 of the East Perth
                        Redevelopment Act 1991, section 45 of the Subiaco
30                      Redevelopment Act 1994, section 45 of the Midland
                        Redevelopment Act 1999 or section 43 of the Armadale
                        Redevelopment Act 2001, to make any provision in
                        respect of land in the redevelopment area under any of

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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 2     Prerequisites to region planning scheme or amendment
     s. 37



                        those Acts so long as there is in operation in respect of
                        that land a redevelopment scheme under Part 4 of any of
                        those Acts; or
                  (d)   without limiting section 23 of the Hope Valley-Wattleup
5                       Redevelopment Act 2000, to make any provision in
                        respect of land in the redevelopment area within the
                        meaning of that Act.

     37.         Region planning scheme may be amended or repealed
           (1)   A region planning scheme may be amended under this Act.
10         (2)   A region planning scheme may be repealed by --
                  (a) a subsequent region planning scheme; or
                  (b) an instrument of repeal prepared by the Commission,
                        approved by the Minister and published in the Gazette.

             Division 2 -- Prerequisites to region planning scheme
15                             or amendment
     38.         All proposed region planning schemes and amendments to
                 be referred to EPA
           (1)   When the Commission resolves to prepare a region planning
                 scheme or an amendment to a region planning scheme, the
20               Commission is to forthwith refer that scheme or amendment to
                 the EPA by giving to the EPA --
                   (a) written notice of the resolution; and
                   (b) such written information about that scheme or
                        amendment as is sufficient to enable the EPA to comply
25                      with section 48A of the EP Act in relation to the scheme
                        or amendment.
           (2)   This section applies in respect of an amendment whether or not
                 the amendment constitutes a substantial alteration to a region
                 planning scheme.



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                                                   Planning and Development Bill 2004
                                               Region planning schemes         Part 4
                 Prerequisites to region planning scheme or amendment     Division 2
                                                                                 s. 39



     39.           Environmental review and consent to public submissions
           (1)     In this section --
                   "instructions" means instructions issued under
                        section 48C(1)(a) of the EP Act.
5          (2)     When the EPA has acted under section 48C(1)(a) of the EP Act
                   in relation to a proposed region planning scheme or amendment
                   to a region planning scheme, the Commission, if it wishes to
                   proceed with that scheme or amendment, is to undertake an
                   environmental review of that scheme or amendment in
10                 accordance with the relevant instructions.
           (3)     The Commission is not to submit a scheme or an amendment
                   referred to in subsection (2) to the Minister under section 42 for
                   consent to public submissions being sought, or act in relation to
                   that scheme under section 58, as the case requires, until --
15                   (a) the Commission has forwarded the environmental
                           review to the EPA; and
                     (b) the EPA has advised that that review has been
                           undertaken in accordance with the relevant instructions,
                           or 30 days have elapsed since the review was forwarded
20                         without the EPA having advised whether or not that
                           review has been undertaken in accordance with those
                           instructions, whichever first occurs.
           (4)     If the EPA has advised that the review has not been undertaken
                   in accordance with the relevant instructions, the Commission
25                 may --
                     (a) comply with subsection (2) in respect of the scheme or
                           amendment concerned; or
                     (b) request the Minister to consult the Minister for the
                           Environment and, if possible, agree with the Minister for
30                         the Environment on whether or not the review has been
                           undertaken in accordance with those instructions.




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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 2     Prerequisites to region planning scheme or amendment
     s. 40



           (5)   If the Minister, having complied with a request under
                 subsection (4), and the Minister for the Environment --
                   (a) agree on whether or not the review has been undertaken
                         in accordance with the relevant instructions, their
5                        decision is final and without appeal or review; or
                   (b) cannot so agree, section 48J of the EP Act applies.

     40.         Referrals to Swan Valley Planning Committee before public
                 submissions
           (1)   The Commission, before submitting to the Minister under
10               section 42 a scheme or amendment that would apply to land in
                 the Swan Valley, is to refer the scheme or amendment to the
                 Swan Valley Planning Committee.
           (2)   The Committee, within 42 days after the day on which it
                 receives the referral, or within such longer period as the
15               Commission allows, is to give to the Commission its written
                 advice on the scheme or amendment including any
                 modifications it thinks should be made.
           (3)   If the Committee fails to give its advice within the time allowed
                 under subsection (2), it is taken to have no advice to give on the
20               scheme or amendment.
           (4)   The Minister may, at the request of the Commission, approve of
                 the Commission disregarding the Committee's advice in whole
                 or in part in preparing the scheme or amendment.
           (5)   Subject to any approval under subsection (4), the Commission is
25               to prepare the scheme or amendment in accordance with any
                 advice given by the Committee under this section.




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                                               Planning and Development Bill 2004
                                           Region planning schemes         Part 4
                 Making of region planning scheme and amendments      Division 3
                                                                             s. 41



                 Division 3 -- Making of region planning scheme
                               and amendments
     41.         Procedure
                 Subject to Division 4, the Commission is to adopt the procedure
5                set out in this Division for submitting and obtaining approval of
                 any region planning scheme or amendment to a region planning
                 scheme (in this Division referred as the "scheme or
                 amendment") formulated by the Commission.

     42.         Consent to public submissions
10               Subject to Division 4, the scheme or amendment when prepared
                 by the Commission and after sections 38 and 39 have been
                 complied with, is to be submitted, together with such reports,
                 surveys and other material as the Commission considers
                 desirable, to the Minister for the Minister's consent to public
15               submissions being sought.

     43.         Deposit and notification of scheme or amendment
           (1)   If the Minister consents to public submissions being sought in
                 respect of the scheme or amendment the Commission is to
                 deposit copies of --
20                 (a) the scheme or amendment; and
                   (b) a statement setting out the purpose and planning
                         objectives of the scheme or amendment,
                 for public inspection during ordinary business hours free of
                 charge at the places listed in subsection (2).




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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 3     Making of region planning scheme and amendments
     s. 43



        (2)    For the purposes of subsection (1) the scheme or amendment
               and statement are to be deposited --
                 (a) in the case of a region planning scheme, or an
                       amendment to a region planning scheme other than the
5                      Metropolitan Region Scheme --
                          (i) at the offices of the local governments of the
                              districts which lie within or partly within the area
                              to which the region planning scheme applies; and
                         (ii) at not less than 3 other public places which the
10                            Commission considers to be most convenient for
                              public inspection;
                       and
                 (b) in the case of an amendment to the Metropolitan Region
                       Scheme --
15                        (i) at the offices of the Commission;
                         (ii) at the offices of the City of Perth and the City of
                              Fremantle; and
                        (iii) at not less than 3 other public places in the
                              metropolitan region which the Commission
20                            considers to be most convenient for public
                              inspection.
        (3)    As soon as practicable after the deposit of the copies under
               subsection (1) the Commission is to cause to be inserted at least
               3 times in each of the following publications --
25               (a) the Gazette;
                 (b) a daily newspaper circulating in the area to which the
                       region planning scheme applies;
                 (c) a Sunday newspaper circulating in the area to which the
                       region planning scheme applies,
30             a notice stating --
                 (d) in short, the purpose and planning objectives of the
                       scheme or amendment;


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                                               Planning and Development Bill 2004
                                           Region planning schemes         Part 4
                 Making of region planning scheme and amendments      Division 3
                                                                             s. 44



                  (e)    that the scheme or amendment has been deposited and
                         the places and times at which it may be inspected free of
                         charge; and
                   (f)   that submissions on any provision of the scheme or
5                        amendment may be made to the Commission in the form
                         specified in the notice within the period specified in the
                         notice (being a period not less than 3 months from the
                         date the notice is first published in the Gazette).
           (4)   If the scheme or amendment changes the zoning or reservation
10               of land, the Commission, within 7 days of the publication of the
                 notice in the Gazette, is to make reasonable endeavours to give
                 written notice of the scheme or amendment to the owners of
                 land of which the zoning or reservation is changed.
           (5)   The Commission is to --
15                (a) make reasonable endeavours to consult in respect of the
                       scheme or amendment such public authorities and
                       persons as appear to the Commission to be likely to be
                       affected by the scheme or amendment; and
                  (b) take such steps to make public the details of the scheme
20                     or amendment as the Minister may direct,
                 and may take such other steps as it considers necessary to make
                 public the details of the scheme or amendment.

     44.         Submissions to Commission
           (1)   Submissions on the scheme or amendment may be made at any
25               time within the period prescribed in the notice under
                 section 43(3)(f).
           (2)   The Commission is to consider all submissions that are duly
                 lodged.




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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 3     Making of region planning scheme and amendments
     s. 45



     45.         Role of Commission in relation to environmental
                 submissions on scheme or amendment
           (1)   In this section --
                 "proposed amendment" means proposed amendment to a
5                     region planning scheme under this Division.
           (2)   When the Commission has been informed under
                 section 48A(1)(b)(i) of the EP Act that the proposed scheme or
                 proposed amendment should be assessed by the EPA under
                 Part IV Division 3 of the EP Act, the Commission is to --
10                 (a) as soon as practicable, but in any event within 7 days
                         after the expiry of the period referred to in section 44(1),
                         transmit to the EPA a copy of each submission made to
                         the Commission under section 44(1) and relating wholly
                         or in part to environmental issues raised by the proposed
15                       scheme or proposed amendment; and
                   (b) within 42 days, or such longer period as the Minister
                         allows, after the expiry of the period referred to in
                         section 44(1), inform the EPA of its views on and
                         response to the environmental issues raised by the
20                       submissions referred to in paragraph (a) and received
                         within that period.

     46.         Person making submission may be heard
           (1)   The Commission is to give each person making a submission or
                 the person's agent the opportunity of being heard on the
25               submission by the Commission or by a committee established
                 under Schedule 2.
           (2)   Where a submission is made by a group of persons, the group is
                 to appoint one person to represent the group and only that
                 person may be heard under subsection (1).




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                                               Planning and Development Bill 2004
                                           Region planning schemes         Part 4
                 Making of region planning scheme and amendments      Division 3
                                                                             s. 47



     47.         Referrals to Swan Valley Planning Committee after public
                 submissions
           (1)   Where as required by section 40(5), a scheme or amendment has
                 been prepared in accordance with advice given by the Swan
5                Valley Planning Committee and after considering public
                 submissions on the scheme or amendment the Commission has
                 modified the scheme or amendment in a way which is not in
                 accordance with that advice, the Commission is to, before
                 submitting that scheme or amendment to the Minister under
10               section 48, refer the scheme or amendment, with the other
                 documents referred to in that section, back to the Committee for
                 its comments and advice.
           (2)   Where the Swan Valley Planning Committee has any comment
                 to make, or advice to give, on a scheme or amendment or the
15               other documents referred to it under subsection (1) it is to give a
                 written report to the Commission and that report is to be
                 submitted to the Minister along with the other documents
                 referred to in section 48.
           (3)   If the Swan Valley Planning Committee does not report to the
20               Commission within 42 days of the referral under subsection (2)
                 it is taken to have no comment to make or advice to give.

     48.         Submissions to Minister
           (1)   Subject to section 47, after --
                  (a) sections 38 and 39 have been complied with in relation
25                      to the scheme or amendment; and
                  (b) considering all submissions that have been duly lodged,
                 the Commission is to submit to the Minister --
                   (c) the scheme or amendment to which those submissions
                        relate, with the modifications, if any, it thinks fit to
30                      make;
                   (d) a copy of each of those submissions; and
                   (e) a report by the Commission on those submissions.

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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 3     Making of region planning scheme and amendments
     s. 49



           (2)   For the purposes of subsection (1) the Commission may adopt a
                 report by a committee referred to in section 46(1) and submit it
                 as, or include it in, the report of the Commission.

     49.         Minister may withdraw scheme or amendment
5                If --
                   (a)   the report of the Commission; or
                   (b)   in the case of a scheme or amendment that would apply
                         to land in the Swan Valley, a report of the Swan Valley
                         Planning Committee under section 47,
10               submitted with a scheme or amendment under section 48,
                 recommends that the scheme or amendment should not proceed,
                 the Minister may, instead of presenting the scheme or
                 amendment to the Governor for consideration, withdraw the
                 scheme or amendment.

15   50.         Prerequisite for final approval of Minister
                 The Minister is not to present to the Governor a proposed
                 scheme or amendment referred to the EPA under section 38 if
                 the Minister has reached agreement with the Minister for the
                 Environment under section 48A(2)(b) of the EP Act, or until --
20                 (a) the Minister is informed under section 48A(1)(a) of the
                        EP Act that the EPA considers that that scheme or
                        amendment should not be assessed by the EPA under
                        Part IV Division 3 of the EP Act;
                   (b) the Minister has received a statement under
25                      section 48F(2), or a decision has been made under
                        section 48J, of the EP Act in respect of the conditions, if
                        any, to which that scheme 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
30                      informed the Commission under that section,
                 whichever first occurs, and the Minister is satisfied that the
                 conditions, if any, to which that scheme or amendment is
                 subject have been incorporated into that scheme or amendment.

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                                               Planning and Development Bill 2004
                                           Region planning schemes         Part 4
                 Making of region planning scheme and amendments      Division 3
                                                                             s. 51



     51.         Directions by Minister
           (1)   Before presenting the scheme or amendment to the Governor for
                 consideration, if the Minister is of the opinion that any
                 modification made to the scheme or amendment by the
5                Commission is of such a substantial nature as to warrant such
                 action, the Minister may direct the Commission to again deposit
                 the scheme or amendment as so modified, or that portion of the
                 scheme or amendment which is so modified, for public
                 inspection at such time and at such places as the Minister
10               directs.
           (2)   The Minister may direct the Commission to publish such notices
                 in connection with the scheme or amendment as the Minister
                 thinks appropriate.
           (3)   The Commission is to comply with the directions.

15   52.         Procedure on modifications
           (1)   A person who desires to make a submission on modifications
                 made by the Commission may notify the Minister in writing in
                 the form approved by the Commission.
           (2)   The Minister is to direct the Commission to consider and report
20               on the submission to the Minister in accordance with the
                 procedure set out in sections 46 and 48.
           (3)   If a report submitted with a scheme or amendment under
                 section 48 as read with subsections (1) and (2) recommends that
                 the scheme or amendment should not be proceeded with, the
25               Minister may, instead of presenting the scheme or amendment
                 to the Governor for consideration, withdraw the scheme or
                 amendment.

     53.         Approval of Governor
           (1)   If the Minister has not withdrawn the scheme or amendment
30               under section 49 or 52(3), the Minister is to present the scheme
                 or amendment to the Governor.


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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 3     Making of region planning scheme and amendments
     s. 54



           (2)   The Governor may approve the scheme or amendment with or
                 without such modifications as the Minister may recommend and
                 the Governor thinks necessary to make and the Governor is by
                 this subsection authorised to make such modifications.

5    54.         Publication of scheme or amendment
                 When the Governor has approved the scheme or amendment,
                 whether with or without modifications --
                  (a) the scheme or amendment, or the scheme or amendment
                        as so modified, but not including any maps, plans or
10                      diagrams, is to be published in the Gazette; and
                  (b) the maps, plans and diagrams are to be open for public
                        inspection at such times and such places as the Minister
                        determines.

     55.         Approval of scheme or amendment may be revoked
15         (1)   The Governor may, on the recommendation of the Minister and
                 at any time before the scheme or amendment has effect, revoke
                 his or her approval of the scheme or amendment.
           (2)   The Governor may, on the recommendation of the Minister and
                 at any time before the scheme or amendment is published in the
20               Gazette, revoke his or her approval of part of the scheme or
                 amendment.
           (3)   If the approval is revoked under subsection (1) or (2) before the
                 scheme or amendment has been published in the Gazette,
                 section 54 does not apply in respect of the scheme or
25               amendment, or, if the approval is revoked in respect of part of
                 the scheme or amendment, the part of the scheme or amendment
                 in respect of which the approval is revoked, as the case requires.
           (4)   If the approval is revoked under subsection (1) after notice of
                 the scheme or amendment has been published in the Gazette and
30               before the scheme is laid before both Houses of Parliament --
                   (a) section 56(1) does not apply in respect of the scheme or
                          amendment; and

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                                               Planning and Development Bill 2004
                                           Region planning schemes         Part 4
                 Making of region planning scheme and amendments      Division 3
                                                                             s. 56



                  (b)   notice of the revocation is to be published in the
                        Gazette.
           (5)   If the approval of the scheme or amendment is revoked under
                 subsection (1) after the scheme or amendment is laid before
5                both Houses of Parliament --
                   (a) the scheme or amendment is to be withdrawn; and
                   (b) notice of the revocation is to be published in the
                          Gazette.

     56.         Scheme or amendment may be disallowed
10         (1)   A copy of the scheme or amendment and a copy of the report of
                 the Commission on the submissions referred to in sections 48
                 and 52 are to be laid before each House of Parliament within
                 6 sitting days of that House next following the date of the
                 publication of the scheme or amendment in the Gazette.
15         (2)   Either House of Parliament may, by resolution of which notice
                 has been given within 12 sitting days of that House after the
                 scheme or amendment has been laid before it under
                 subsection (1), pass a resolution disallowing the scheme or
                 amendment.
20         (3)   As soon as the scheme or amendment is no longer subject to
                 disallowance under subsection (2), the scheme or amendment
                 has effect as if it were enacted by this Act.
           (4)   If either House of Parliament passes a resolution disallowing the
                 scheme or amendment, notice of the disallowance is to be
25               published in the Gazette within 21 days of the passing of the
                 resolution.
           (5)   It does not matter whether or not the period of --
                    (a) 6 sitting days referred to in subsection (1) or some of
                         them; or
30                 (b) 12 sitting days referred to in subsection (2) or some of
                         them,


                                                                             page 41
     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 4     Minor amendments to region planning scheme
     s. 57



                 occur during the same session of Parliament, or the same
                 Parliament, as that in which the relevant scheme or amendment
                 is laid before the House of Parliament concerned.

       Division 4 -- Minor amendments to region planning scheme
5    57.         Minor amendment
           (1)   If a proposed amendment does not, in the opinion of the
                 Commission, constitute a substantial alteration to a region
                 planning scheme, that amendment --
                   (a) is not required to be submitted and approved in
10                       accordance with the procedure prescribed in Division 3;
                         and
                   (b) instead, may be submitted and approved in accordance
                         with the procedure prescribed in this Division.
           (2)   Despite subsection (1), an amendment cannot be made to the
15               Metropolitan Region Scheme under this Division to change the
                 zoning of any land in the Swan Valley.

     58.         Notification of minor amendment
           (1)   If under section 57 a proposed amendment is not required to be
                 submitted and approved in accordance with the procedure
20               prescribed in Division 3, the Commission, after sections 38
                 and 39 have been complied with in relation to that amendment,
                 is to --
                    (a) send a copy of the amendment to the Minister;
                   (b) publish in the Gazette and in a daily newspaper
25                       circulating in the area to which the region scheme
                         applies a notice --
                            (i) describing the amendment;
                           (ii) stating where and when the amendment will be
                                 available for inspection;




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                                              Planning and Development Bill 2004
                                          Region planning schemes         Part 4
                        Minor amendments to region planning scheme   Division 4
                                                                            s. 59



                          (iii)  stating that submissions on any provision of the
                                 amendment may be made to the Commission in
                                 the form set out in that notice within the period
                                 specified in the notice (being a period of not less
5                                than 60 days after publication of the notice); and
                          (iv) certifying that, in the opinion of the Commission,
                                 the amendment does not constitute a substantial
                                 alteration to the relevant region planning scheme;
                  (c)    if the amendment changes the zoning or reservation of
10                       land, within 7 days of the publication referred to in
                         paragraph (b), make reasonable endeavours to give
                         written notice of the amendment to the owner of land of
                         which the zoning or reservation is changed; and
                  (d)    make reasonable endeavours to consult in respect of that
15                       amendment such public authorities and persons as
                         appear to the Commission to be likely to be affected by
                         that amendment.
           (2)   When a submission is made by a group of persons, that group is
                 to appoint one person to represent that group for the purposes of
20               the submission.

     59.         Consideration of submissions on minor amendment
                 If the Commission receives any submissions in accordance with
                 the relevant notice published under section 58 the Commission
                 is to consider, and make a report and recommendation to the
25               Minister on, those submissions.

     60.         Role of Commission in relation to environmental
                 submissions on minor amendment
           (1)   In this section --
                 "proposed amendment" means proposed amendment to a
30                    region planning scheme under this Division.




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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 4     Minor amendments to region planning scheme
     s. 61



           (2)   When the Commission has been informed under
                 section 48A(1)(b)(i) of the EP Act that the proposed amendment
                 should be assessed by the EPA under Part IV Division 3 of the
                 EP Act, the Commission is to --
5                  (a) as soon as practicable, but in any event within 7 days
                         after the expiry of the period referred to in
                         section 58(1)(b)(iii), transmit to the EPA a copy of each
                         submission made to the Minister under
                         section 58(1)(b)(iii) and relating wholly or in part to
10                       environmental issues raised by the proposed
                         amendment; and
                   (b) within 42 days, or such longer period as the Minister
                         allows, after the expiry of the period referred to in
                         section 58(1)(b)(iii), inform the EPA of its views on and
15                       response to the environmental issues raised by the
                         submissions referred to in paragraph (a) and received
                         within that period.

     61.         Prerequisite for final approval by Minister of proposed
                 minor amendment
20               The Minister is not to approve under section 62(1) a proposed
                 amendment to a region planning scheme referred to the EPA
                 under section 60 if the Minister has reached agreement with the
                 Minister for the Environment under section 48A(2)(b) of the
                 EP Act, or until --
25                 (a) the Minister is informed under section 48A(1)(a) of the
                        EP Act that the EPA considers that that amendment
                        should not be assessed by the EPA under Part IV
                        Division 3 of the EP Act;
                   (b) the Minister has received a statement under
30                      section 48F(2), or a decision has been made under
                        section 48J, of the EP Act in respect of the conditions, if
                        any, to which that amendment is subject; or




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                                               Planning and Development Bill 2004
                                           Region planning schemes         Part 4
                         Minor amendments to region planning scheme   Division 4
                                                                             s. 62



                   (c)    the period of 28 days referred to in section 48A(1)(b)(i)
                          of the EP Act has expired without the EPA having
                          informed the Commission under that section,
                 whichever first occurs, and the Minister is satisfied that the
5                conditions, if any, to which that amendment is subject have
                 been incorporated into that amendment.

     62.         Minister may approve or decline to approve minor
                 amendment
           (1)   On receiving a report and recommendation made to the Minister
10               under section 59, the Minister may, after complying with
                 section 60 in relation to the amendment concerned --
                   (a) approve, with such modifications, if any, as the Minister
                         considers it necessary to make; or
                   (b) decline to approve,
15               the proposed amendment to which that report and
                 recommendation relate.
           (2)   When the Minister has approved a proposed amendment under
                 subsection (1) the Commission is to cause --
                   (a) that amendment or that amendment as modified under
20                       subsection (1), as the case requires, excluding any maps,
                         plans or diagrams forming part of that amendment, to be
                         published in the Gazette; and
                   (b) any maps, plans or diagrams forming part of that
                         amendment to be open for inspection at such times and
25                       places as the Commission determines.
           (3)   The amendment or the amendment as modified under
                 subsection (1), as the case requires, has effect on publication
                 under subsection (2) as if it were enacted by this Act.




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     Planning and Development Bill 2004
     Part 4         Region planning schemes
     Division 5     Consolidation of region planning scheme
     s. 63



             Division 5 -- Consolidation of region planning scheme
     63.         Minister may direct consolidation
           (1)   The Minister may direct the Commission to deliver to the
                 Minister a consolidation of a region planning scheme as in force
5                at the date specified in the direction.
           (2)   On receipt of a direction under subsection (1) the Commission
                 is to cause to be prepared a consolidation of the region planning
                 scheme incorporating all amendments to the scheme in force on
                 the date specified in the direction.

10   64.         Maps, plans, diagrams may be added or substituted
           (1)   In the preparation of the consolidation there may be included, in
                 addition to or in substitution for, any maps, plans and diagrams
                 forming part of the region planning scheme, such maps, plans or
                 diagrams, prepared on such scale or scales, as, in the opinion of
15               the Commission, are necessary to state and represent, in an
                 informative and convenient form, the scope, effect and details of
                 the region planning scheme as amended.
           (2)   Where an addition or substitution under subsection (1)
                 necessitates the making of a consequential amendment to the
20               text of the region planning scheme, that amendment is to be
                 made in the consolidation.
           (3)   Where an addition, substitution or other amendment is effected
                 under subsection (1) or (2) the region planning scheme is taken
                 to be amended accordingly on and from the publication of
25               notice of consolidation under section 66(1) but the provisions of
                 Divisions 3 and 4 and the Metric Conversion Act 1972 do not
                 apply to any such addition, substitution or other amendment.




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                                               Planning and Development Bill 2004
                                          Region planning schemes          Part 4
                            Consolidation of region planning scheme   Division 5
                                                                             s. 65



     65.         Certification and delivery of consolidation
                 After preparing the consolidation the Commission is to --
                  (a)   seal the consolidation and certify on the consolidation
                        that it is a correct statement and representation of the
5                       region planning scheme as in force at the date specified
                        in the direction given by the Minister; and
                  (b)   deliver the consolidation to the Minister.

     66.         Proof of consolidation
           (1)   If the Minister approves of the consolidation and signs the
10               consolidation, the Commission is to publish notice of the
                 consolidation in the Gazette.
           (2)   After publication of the notice --
                  (a) the consolidation is to be judicially noticed by all courts,
                        tribunals, bodies and persons; and
15                (b) the consolidation is to be taken, unless the contrary
                        intention is shown, to be a correct statement and
                        representation of the region planning scheme as in force
                        on the date specified in the Minister's direction.

     67.         Consolidation of portion of region planning scheme
20         (1)   The Minister may direct the Commission to deliver to the
                 Minister a consolidation of the portion of a region planning
                 scheme (whether by reference to a map of the scheme or any
                 other portion of the scheme) as is specified in the direction.
           (2)   The provisions of this Division apply to and in relation to the
25               consolidation of the portion of the scheme so specified in the
                 direction as though the portion of the scheme so specified were
                 the whole scheme.




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     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 1     Continuation and formulation of local planning schemes
     s. 68



                       Part 5 -- Local planning schemes
                 Division 1 -- Continuation and formulation of local
                                planning schemes
     68.          Town planning schemes continued as local planning schemes
5          (1)    Any town planning scheme in force under the Town Planning
                  and Development Act 1928 on the day on which this section
                  comes into operation --
                    (a) continues in force as a local planning scheme under this
                         Act; and
10                  (b) has effect as if it were enacted by this Act.
           (2)    Nothing in this Act affects the validity of a town planning
                  scheme continued under subsection (1).

     69.          General objects of local planning scheme
           (1)    A local planning scheme may be made under this Act with
15                respect to any land --
                    (a) with the general objects of making suitable provision for
                          the improvement, development and use of land in the
                          local planning scheme area; and
                    (b) making provision for all or any of the purposes,
20                        provisions, powers or works referred to in Schedule 7.
           (2)    With those objects a local planning scheme may provide for
                  planning, replanning, or reconstructing, the whole or any part of
                  the local planning scheme area.

     70.          Scheme may be made for land outside scheme or be
25                concurrent with another scheme
           (1)    Nothing in this Act prevents --
                   (a) a local planning scheme from being made with respect
                         to land comprised in another local planning scheme; or



     page 48
                                                   Planning and Development Bill 2004
                                                Local planning schemes         Part 5
                 Continuation and formulation of local planning schemes   Division 1
                                                                                 s. 71



                     (b)   subject to subsection (2), 2 or more local planning
                           schemes from having force and effect concurrently with
                           respect to any land.
           (2)     The zoning of land in an area to which a local planning scheme
5                  applies is not to be provided for in more than one local planning
                   scheme applicable to that area.
     71.           Prohibition on making local planning scheme in
                   redevelopment area
                   A local planning scheme is not to be made for any land that
10                 is --
                      (a) in the development area within the meaning of the East
                           Perth Redevelopment Act 1991, the Subiaco
                           Redevelopment Act 1994, the Midland Redevelopment
                           Act 1999 or the Armadale Redevelopment Act 2001, so
15                         long as there is in operation in respect of that land a
                           redevelopment scheme under Part 4 of any of those
                           Acts; or
                     (b) in the redevelopment area within the meaning of the
                           Hope Valley-Wattleup Redevelopment Act 2000.
20   72.           Local government may prepare or adopt scheme
           (1)     Subject to section 71, a local government may --
                    (a) prepare a local planning scheme with reference to any
                          land within its district, or with reference to land within
                          its district and other land within any adjacent district; or
25                  (b) adopt, with or without modifications, a local planning
                          scheme proposed by all or any of the owners of any land
                          with respect to which the local government might itself
                          have prepared a scheme.
           (2)     A local government and another local government may --
30                   (a)   jointly prepare a local planning scheme with respect to
                           land that is partly in the district of the first-mentioned
                           local government and partly in the district of the other
                           local government; or

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     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 1     Continuation and formulation of local planning schemes
     s. 73



                  (b)    jointly adopt, with or without modifications, a local
                         planning scheme proposed by all or any of the owners of
                         any land with respect to which the local governments
                         might themselves have prepared a scheme.
5          (3)   Where a local planning scheme is prepared or adopted under
                 subsection (2) a reference in this Act to the local government or
                 responsible authority that is preparing or has prepared the
                 scheme is to be read as a reference to the local governments that
                 join in the preparation or adoption of the scheme.

10   73.         Provisions of local planning scheme
           (1)   A local planning scheme is to --
                  (a) define in such manner as may be prescribed by the
                         regulations the area to which the scheme is to apply;
                  (b) specify the local government to be responsible for
15                       enforcing the observance of the scheme, and for the
                         execution of any works which, under the scheme or this
                         Act, are to be executed by a local government;
                  (c) provide for matters which may be dealt with by general
                         provisions prescribed under section 283;
20                (d) otherwise supplement, exclude or vary the general
                         provisions to the extent approved by the Minister; and
                  (e) deal with any special circumstances or contingencies for
                         which adequate provision is not made by the general
                         provisions.
25         (2)   Where land included in a local planning scheme is in the
                 districts of more than one local government, or is in the district
                 of a local government by which the scheme was not prepared,
                 the responsible authority in relation to the local planning
                 scheme may be one of those local governments, or for certain
30               purposes of the scheme one local government, and for other
                 purposes of the scheme another local government.




     page 50
                                                    Planning and Development Bill 2004
                                                 Local planning schemes         Part 5
                 Minister's powers in relation to local planning schemes   Division 2
                                                                                  s. 74



     74.          Local planning scheme may be repealed
                  A local planning scheme may be repealed by --
                    (a)   a subsequent local planning scheme; or
                    (b)   an instrument of repeal prepared by the local
5                         government, approved by the Minister and published in
                          the Gazette.

     75.          Local planning scheme may be amended
                  A local government may amend a local planning scheme with
                  reference to any land within its district, or with reference to land
10                within its district and other land within any adjacent district, by
                  an amendment --
                    (a) prepared by the local government, approved by the
                          Minister and published in the Gazette; or
                    (b) proposed by all or any of the owners of any land in the
15                        scheme area, adopted, with or without modifications, by
                          the local government, approved by the Minister and
                          published in the Gazette.

                 Division 2 -- Minister's powers in relation to local
                                planning schemes
20   76.          Minister may order local government to prepare or adopt
                  local planning scheme
           (1)    If the Minister is satisfied on any representation that a local
                  government --
                    (a) has failed to take the requisite steps for having a
25                        satisfactory local planning scheme prepared and
                          approved in a case where a local planning scheme ought
                          to be made;
                    (b) has failed to adopt any scheme proposed by owners of
                          any land, in a case where a local planning scheme ought
30                        to be adopted; or



                                                                              page 51
     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 3     Relevant considerations in preparation or amendment of local
                    planning scheme
     s. 77


                  (c)   has refused to consent to any modifications or
                        conditions imposed by the Minister,
                 the Minister may order the local government, within such time
                 as is specified in the order, to prepare and submit for the
5                approval of the Minister a local planning scheme, or to adopt a
                 local planning scheme, or to consent to the modifications or
                 conditions imposed.
           (2)   If the representation under subsection (1) is that a local
                 government has failed to adopt a scheme, the Minister, in lieu of
10               making an order to adopt the scheme, may approve of the
                 proposed scheme subject to such modifications and conditions,
                 if any, as the Minister thinks fit.
           (3)   A scheme approved under subsection (2) has effect as if it had
                 been adopted by the local government and approved by the
15               Minister under this Part.

            Division 3 -- Relevant considerations in preparation or
                     amendment of local planning scheme
     77.         Effect of State planning policy
           (1)   Every local government in preparing or amending a local
20               planning scheme --
                   (a) is to have due regard to any State planning policy which
                        affects its district; and
                   (b) may include in the scheme a provision that a specified
                        State planning policy, with such modifications as may
25                      be set out in the scheme, is to be read as part of the
                        scheme, or a provision however expressed to the same
                        effect.
           (2)   Where a scheme includes a provision referred to in
                 subsection (1)(b) --
30                 (a) the scheme is to have effect as if the State planning
                         policy, as from time to time amended, or any subsequent


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                                              Planning and Development Bill 2004
                                           Local planning schemes         Part 5
      Relevant considerations in preparation or amendment of local   Division 3
                                                  planning scheme
                                                                            s. 78


                        policy by which it is repealed under this Act, were set
                        out in full in the scheme; and
                  (b)   the State planning policy is to have effect as part of the
                        scheme subject to any modifications set out in the
5                       scheme.
           (3)   Modifications referred to in subsection (2)(b) prevail over any
                 later amendment of the State planning policy, or subsequent
                 policy referred to in subsection (2)(a), which is inconsistent
                 with the modifications.

10   78.         Schemes and amendments applicable to the Swan Valley
           (1)   If the City of Swan resolves to prepare or adopt a local planning
                 scheme, or an amendment to a local planning scheme, that
                 would apply to land in the Swan Valley, that City, before the
                 scheme or the amendment is advertised for public inspection
15               under the regulations, is to refer the proposed scheme or
                 amendment to the Swan Valley Planning Committee.
           (2)   The Swan Valley Planning Committee, within 42 days after the
                 day on which it receives the referral, or within such longer
                 period as the City of Swan allows, is to give to the City its
20               written advice on the proposed scheme or amendment, including
                 any modifications it thinks should be made.
           (3)   If the Swan Valley Planning Committee fails to give its advice
                 within the time allowed under subsection (2), it is taken to have
                 no advice to give on the proposed scheme or amendment.
25         (4)   The Commission may, at the request of the City of Swan,
                 approve of the City disregarding the Committee's advice in
                 whole or in part in preparing the scheme or amendment.
           (5)   Subject to any approval under subsection (4), the City of Swan
                 is to prepare the local planning scheme or the amendment in
30               accordance with any advice given by the Swan Valley Planning
                 Committee under this section.



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     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 3     Relevant considerations in preparation or amendment of local
                    planning scheme
     s. 79


     79.       Advice from Heritage Council
               If an entry in the Register or on any inventory maintained under
               section 45 or 46 of the Heritage of Western Australia Act 1990
               relates to land or waters that are within or abut a local
5              government district, the local government in preparing or
               amending a local planning scheme --
                 (a) is to refer the proposed scheme or amendment to the
                        Heritage Council for advice in so far as any proposal
                        under that scheme or amendment affects or may affect
10                      any such land or waters;
                 (b) is to have regard to any advice given; and
                 (c) is not to proceed, without the consent of the Minister,
                        with the proposal unless or until that advice has been
                        received.

15   80.       Swan River management programme
               If a management programme in force under Part 3 of the Swan
               River Trust Act 1988 relates to land or waters that are within or
               abut the district of a local government referred to in Schedule 2
               of that Act, the local government in preparing or amending a
20             local planning scheme is to have due regard to that management
               programme.

     81.       Referral of scheme or amendment to EPA
               When a local government resolves to prepare or adopt a local
               planning scheme, or an amendment to a local planning scheme,
25             the local government is to forthwith refer the proposed local
               planning scheme or amendment to the EPA by giving to the
               EPA --
                 (a) written notice of that resolution; and
                 (b) such written information about the local planning
30                     scheme or amendment as is sufficient to enable the EPA
                       to comply with section 48A of the EP Act in relation to
                       the local planning scheme or amendment.


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                                              Planning and Development Bill 2004
                                           Local planning schemes         Part 5
      Relevant considerations in preparation or amendment of local   Division 3
                                                  planning scheme
                                                                            s. 82


     82.         Environmental review
           (1)   When the EPA has acted under section 48C(1)(a) of the EP Act
                 in relation to a proposed local planning scheme or a proposed
                 amendment to a local planning scheme, the local government
5                concerned, if it wishes to proceed with that local planning
                 scheme or amendment, is to undertake, or cause under
                 subsection (5) to be undertaken, an environmental review of that
                 local planning scheme or amendment in accordance with the
                 relevant instructions issued under that section.
10         (2)   The local government is not to advertise that local planning
                 scheme or amendment under section 84 until --
                   (a) the local government has forwarded the environmental
                        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         (3)   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 local government may --
                   (a) comply with subsection (1) in respect of the local
                         planning scheme or amendment concerned; or
25                 (b) request the Minister to consult the Minister for the
                         Environment and, if possible, agree with that Minister
                         on whether or not the review has been undertaken in
                         accordance with those instructions.
           (4)   If the Minister, having complied with a request made under
30               subsection (3), 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 final and without appeal or review; or
                   (b) cannot so agree, section 48J of the EP Act applies.

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     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 3     Relevant considerations in preparation or amendment of local
                    planning scheme
     s. 83


           (5)   If --
                   (a)   the resolution to prepare or adopt a local planning
                         scheme, or an amendment to a local planning scheme,
                         referred to in subsection (1) was passed at the request of
5                        the owner of land to which that local planning scheme or
                         amendment relates;
                  (b)    the local government referred to in that subsection by
                         written notice served on that owner requests the owner
                         to undertake an environmental review of that local
10                       planning scheme or amendment in accordance with the
                         relevant instructions issued under section 48C(1)(a) of
                         the EP Act; and
                   (c)   that owner wishes that local planning scheme or
                         amendment to proceed,
15               the owner is to undertake the environmental review and forward
                 that review to that local government.
           (6)   The local government may, in accordance with regulations
                 made under section 286, recover the expenses incurred by the
                 local government in undertaking an environmental review in
20               accordance with instructions issued under section 48C(1)(a) of
                 the EP Act.

     83.         Consultation of persons likely to be affected
                 A local government, before submitting a local planning scheme
                 or amendment to the Minister under section 87, is to make
25               reasonable endeavours to consult in respect of the local planning
                 scheme or amendment such public authorities and persons as
                 appear to the local government to be likely to be affected by the
                 local planning scheme or amendment.




     page 56
                                              Planning and Development Bill 2004
                                           Local planning schemes         Part 5
                                        Advertisement and approval   Division 4
                                                                            s. 84



                    Division 4 -- Advertisement and approval
     84.         Advertisement of scheme or amendment
                 After compliance with sections 81 and 82, a local planning
                 scheme prepared or adopted, or an amendment to a local
5                planning scheme prepared or adopted, by a local government, is
                 to be advertised for public inspection in accordance with the
                 regulations.

     85.         Role of local governments in relation to environmental
                 submissions
10         (1)   When a local government has been informed under
                 section 48A(1)(b)(i) of the EP Act that a proposed local
                 planning scheme or amendment should be assessed by the EPA
                 under Part IV Division 3 of the EP Act, the local government is
                 to --
15                 (a) as soon as practicable, but in any event within 7 days
                         after the expiry of the period during which that local
                         planning scheme or amendment is advertised under
                         section 84, transmit to the EPA a copy of each
                         submission --
20                          (i) made during that period; and
                           (ii) relating wholly or in part to environmental issues
                                 raised by that local planning scheme or
                                 amendment;
                         and
25                 (b) within 42 days, or such longer period as the Minister
                         allows, after the expiry of the period referred to in
                         paragraph (a) inform the EPA of its views on and
                         response to the environmental issues referred to in
                         paragraph (a) and received within that period.




                                                                          page 57
     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 4     Advertisement and approval
     s. 86



     86.         Prerequisite to final approval by Minister
                 The Minister is not to approve under section 87(2) of a proposed
                 local planning scheme or amendment referred to the EPA under
                 section 81 if the Minister has reached agreement with the
5                Minister for the Environment under section 48A(2)(b) of the
                 EP Act, or until --
                   (a) the Minister is informed under section 48A(1)(a) of the
                         EP Act that the EPA considers that that local planning
                         scheme or amendment should not be assessed by the
10                       EPA under Part IV Division 3 of the EP Act;
                   (b) the Minister has received a statement under
                         section 48F(2), or a decision has been made under
                         section 48J, of the EP Act in respect of the conditions, if
                         any, to which that local planning scheme or amendment
15                       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
                         informed the local government under that section,
                 whichever first occurs, and the Minister is satisfied that the
20               conditions, if any, to which that amendment is subject have
                 been incorporated into that local planning scheme or
                 amendment.

     87.         Approval and publication of scheme or amendment
           (1)   Subject to section 83, after advertisement under section 84 and
25               compliance with sections 85 and 86, a local planning scheme
                 prepared or adopted, or an amendment to a local planning
                 scheme prepared or adopted, by a local government is to be
                 submitted to the Minister for the approval of the Minister.
           (2)   The Minister may, in relation to a local planning scheme or
30               amendment submitted to the Minister under subsection (1) --
                  (a) approve of that local planning scheme or amendment;
                  (b) require the local government concerned to modify that
                       local planning scheme or amendment in such manner as

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                                               Planning and Development Bill 2004
                                            Local planning schemes         Part 5
                                   Review of local planning schemes   Division 5
                                                                             s. 88



                         the Minister specifies before the local planning scheme
                         or amendment is resubmitted for the Minister's approval
                         under this subsection; or
                   (c)   refuse to approve of that local planning scheme or
5                        amendment.
           (3)   When the Minister has approved a local planning scheme or an
                 amendment to a local planning scheme, the local government is
                 to --
                   (a) cause the scheme or amendment to be published in the
10                     Gazette;
                   (b) advertise the scheme or amendment in accordance with
                       the regulations; and
                   (c) ensure that copies of the scheme or amendment are
                       available to the public.
15         (4)   A local planning scheme or amendment to a local planning
                 scheme, when approved by the Minister and published in the
                 Gazette, has full force and effect as if it were enacted by this
                 Act.
           (5)   It is sufficient compliance with subsection (3) if a local planning
20               scheme or amendment to a local planning scheme is published
                 in the Gazette without any maps, plans or diagrams which form
                 part of the local planning scheme or amendment.

                 Division 5 -- Review of local planning schemes
     88.         Local government to prepare consolidation
25         (1)   For the purposes of section 90, a local government by which a
                 local planning scheme was prepared is to prepare a
                 consolidation of the scheme incorporating all the amendments
                 that have been made to the scheme and are of effect on the day
                 on which the resolution to prepare the consolidation is made.




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     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 5     Review of local planning schemes
     s. 88



        (2)    The consolidation is to be prepared --
                (a) in the fifth year after approval was given to the scheme
                      by the Minister under section 87;
                (b) in the case of a scheme in respect of which a
5                     consolidation has been published in the Gazette under
                      this Part, in the fifth year after the consolidation of the
                      scheme was last so published; and
                (c) in the case of a scheme in respect of which an
                      exemption is granted under subsection (4)(b) or
10                    section 91(3), in the fifth year after the notice of
                      exemption was published in the Gazette.
        (3)    Despite subsections (1) and (2), a local government is not
               required to prepare a consolidation of the scheme if the local
               government resolves instead to prepare a new scheme in
15             substitution for that scheme.
        (4)    Despite subsections (1) and (2), the Minister may at any time,
               by notice in the Gazette --
                 (a) direct the local government by which a local planning
                       scheme was prepared to prepare, within the period
20                     specified in the notice, a consolidation of the scheme; or
                (b) exempt a local government from compliance with those
                       subsections if the scheme does not contain any provision
                       for the zoning or classification of land.
        (5)    If a consolidation is required under subsection (4)(a) before a
25             consolidation has been prepared under a paragraph of
               subsection (2), the consolidation is not required under that
               paragraph.
        (6)    The Minister is to consult the local government before giving a
               direction under subsection (4)(a).




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                                              Planning and Development Bill 2004
                                           Local planning schemes         Part 5
                                  Review of local planning schemes   Division 5
                                                                            s. 89



     89.         Submissions on consolidated scheme
           (1)   After preparing the consolidation the local government is to
                 ensure that the consolidation is approved by the Commission
                 and made available for inspection.
5          (2)   When the consolidation has been approved by the Commission,
                 the local government is to invite submissions from the public on
                 the effectiveness of the scheme, the need for amendment of the
                 scheme and the need for the making of a new scheme.

     90.         Report on scheme
10         (1)   Not later than 6 months after preparing a consolidation of a
                 local planning scheme, the local government is to make a report
                 to the Minister on the operation of the scheme.
           (2)   In its report the local government is to --
                   (a) include all submissions received under section 89;
15                 (b) report and make recommendations on the submissions;
                          and
                   (c) report and make recommendations as to whether or not
                          the scheme --
                             (i) is satisfactory in its existing form;
20                          (ii) should be amended;
                           (iii) should be repealed and a new scheme prepared in
                                  its place; or
                           (iv) should be repealed.

     91.         Procedure where no change to scheme
25         (1)   If --
                  (a)   a report of a local government under section 90
                        recommends that a local planning scheme is satisfactory
                        in its existing form and the Minister concurs; or




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     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 5     Review of local planning schemes
     s. 92



                  (b)    the Minister, after considering the report of the local
                         government, advises the local government that the local
                         planning scheme is satisfactory in its existing form,
                 the local government is to cause the consolidation of the local
5                planning scheme prepared under section 88 to be published in
                 the Gazette.
           (2)   It is sufficient compliance with subsection (1) if a consolidation
                 of a local planning scheme is published in the Gazette without
                 any maps, plans or diagrams which form part of the local
10               planning scheme.
           (3)   If the Minister considers that the publication of a consolidation
                 of a local planning scheme under subsection (1) is unnecessary
                 or inexpedient the Minister may by notice published in the
                 Gazette declare that the scheme is satisfactory in its existing
15               form and exempt the local government from the requirement to
                 publish the consolidation.

     92.         Procedure where amendments proposed
           (1)   If --
                   (a)   a report of a local government under section 90
20                       recommends amendment of a local planning scheme and
                         the Minister concurs; or
                  (b)    the Minister, after considering the report, advises the
                         local government that amendment is recommended,
                 the local government, within 3 months or such longer period as
25               the Minister may in writing agree from the date of the report or
                 the Minister's advice as the case may be, is to amend the local
                 planning scheme in accordance with this Part.




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                                              Planning and Development Bill 2004
                                           Local planning schemes         Part 5
                                  Review of local planning schemes   Division 5
                                                                            s. 93



           (2)   After the Minister has under section 87(2), approved the
                 amendments prepared for the purposes of subsection (1), the
                 local government is to --
                   (a) prepare a consolidation of the local planning scheme,
5                        incorporating --
                            (i) all the amendments that have been made to the
                                 scheme and are of effect on the day on which the
                                 resolution to prepare the consolidation is made;
                                 and
10                         (ii) the amendments prepared for the purposes of
                                 subsection (1) and approved by the Minister
                                 under section 87(2);
                         and
                   (b) publish the consolidation of the local planning scheme
15                       in the Gazette.
           (3)   It is sufficient compliance with subsection (2)(b) if a
                 consolidation of a local planning scheme is published in the
                 Gazette without any maps, plans or diagrams which form part of
                 the local planning scheme.

20   93.         Effect of publication of consolidation
           (1)   As from the publication of a consolidation of a local planning
                 scheme under section 91 or 92 the consolidation of the local
                 planning scheme --
                   (a) is to be judicially noticed by all tribunals, bodies and
25                      persons; and
                   (b) is taken to be a correct statement and representation of
                        the local planning scheme as of effect on the day on
                        which the resolution to prepare the consolidation was
                        made and, in the case of a consolidation published under
30                      section 92, including the amendments prepared for the
                        purposes of subsection (1) of that section and approved
                        by the Minister.



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     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 5     Review of local planning schemes
     s. 94



           (2)   A reference in this or any other Act to a local planning scheme
                 is to be read and construed as including a reference to a
                 consolidation of a local planning scheme published under
                 section 91 or 92.

5    94.         Procedure where new scheme prepared following report
                 If --
                   (a)   a report of a local government under section 90
                         recommends that a local planning scheme should be
                         repealed and a new scheme prepared in its place and the
10                       Minister concurs; or
                  (b)    the Minister, after considering the report, advises the
                         local government that the local planning scheme should
                         be repealed and a new scheme prepared in its place,
                 the new scheme is to be prepared by the local government and
15               made in accordance with this Part, within the period of
                 6 months or such longer period as the Minister may in writing
                 agree from the date of the report or the date of the Minister's
                 advice as the case may be.

     95.         Procedure where scheme repealed following report
20               If --
                   (a)   a report of a local government under section 90
                         recommends that a local planning scheme should be
                         repealed and not replaced and the Minister concurs; or
                  (b)    the Minister, after considering the report, advises the
25                       local government that the local planning scheme should
                         be repealed and not replaced,
                 the local government is to prepare an instrument of repeal, and
                 forward it to the Minister under section 74(b) within the period
                 of 42 days or such longer period as the Minister may in writing
30               agree from the date of the report or the date of the Minister's
                 advice as the case may be.



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                                             Planning and Development Bill 2004
                                           Local planning schemes        Part 5
                                                        Crown land  Division 6
                                                                           s. 96



     96.         Consolidation of 2 or more local planning schemes
                 Where 2 or more local planning schemes are consolidated, the
                 provisions of the Division apply to those schemes as so
                 consolidated with effect from the date on which they were last
5                published in the Gazette as a consolidation of a scheme with the
                 approval of the Minister.

                              Division 6 -- Crown land
     97.         Planning of town and suburban lands
           (1)   If Crown land is to be sold, leased or disposed of, the
10               Commission may prepare a scheme in respect of the land.
           (2)   The Commission may prepare a scheme in respect of the land
                 with the general objects and provisions set out in section 69.
           (3)   A scheme prepared under this section, if approved by the
                 Minister and published in the Gazette, has the same effect as a
15               local planning scheme made and approved under this Part.
           (4)   The provisions of this Act, other than Part 10, so far as
                 consistent and applicable, apply to and in respect of a scheme
                 prepared under this section, as if the Commission were the
                 responsible authority.
20         (5)   If --
                   (a)   a scheme is prepared, approved and published under this
                         section; and
                  (b)    Crown land the subject of the scheme is sold, leased or
                         disposed of,
25               the Commission, with the approval of the Minister, may --
                   (c) suspend, vary, supplement, or supersede any of the
                        provisions of the scheme;
                   (d) agree with a local government to be jointly responsible
                        with that local government, as the responsible authority
30                      under and for the purposes of the scheme either with
                        respect to all, or part, of the scheme; or

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     Planning and Development Bill 2004
     Part 5         Local planning schemes
     Division 6     Crown land
     s. 97



                (e)   agree with a local government that the local government
                      is to be substituted as the responsible authority under
                      and for the purposes of the scheme, either with respect
                      to all, or part, of the scheme.
5       (6)    After subsection (7) has been complied with in respect of a
               scheme to which subsection (5)(e) applies, the scheme is taken
               to be a local planning scheme prepared by the local government
               substituted as the responsible authority and this Act applies
               accordingly.
10      (7)    Where the Commission exercises a power under subsection (5)
               and as a result a scheme is amended, the Minister is to cause
               notice of the amendment to be published in the Gazette.




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                                                 Planning and Development Bill 2004
                                          Interim development orders         Part 6
                                 Regional interim development orders    Division 1
                                                                               s. 98



                    Part 6 -- Interim development orders
                 Division 1 -- Regional interim development orders
     98.          Regional interim development orders
           (1)    Subject to this Part, if --
5                   (a)   the Commission is of the opinion that the development
                          of land outside the metropolitan region and within a part
                          of the State in respect of which the Commission has
                          resolved under section 35 to prepare a region planning
                          scheme might materially affect the preparation or
10                        implementation of the region planning scheme; and
                   (b)    the Minister approves,
                  the Commission may make such regional interim development
                  orders as are necessary for regulating, restricting or prohibiting
                  that development.
15         (2)    A regional interim development order may be made by the
                  Commission at any time --
                   (a) before the relevant procedures set out in Part 4 have
                         been fully complied with in respect of the region
                         planning scheme; and
20                 (b) after the Commission has complied with subsection (3).
           (3)    Before making a regional interim development order the
                  Commission is to --
                   (a) inform each local government of a district which lies
                         within or partly within the area to which the proposed
25                       regional interim development order will apply of the
                         proposal;
                   (b) invite that local government to make submissions on the
                         proposal within 28 days; and
                   (c) provide the Minister with a copy of any submission
30                       received under paragraph (b).


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     Planning and Development Bill 2004
     Part 6         Interim development orders
     Division 1     Regional interim development orders
     s. 99



     99.         Contents of regional interim development order
           (1)   A regional interim development order is to specify the land
                 affected by the regional development order.
           (2)   A regional interim development order may --
5                 (a) require a person, before commencing to carry out any
                        specified development within the regional order area, to
                        obtain the written approval of the Commission;
                  (b) regulate, restrict or prohibit any specified class of
                        development within the regional order area;
10                (c) exempt from the operation of the order any development
                        of a specified class within the regional order area;
                  (d) provide that the approval of the Commission for the
                        carrying out of any development referred to in the order
                        may, if granted, be granted subject to such conditions as
15                      the Commission considers necessary to impose,
                        including, without limiting the generality of those
                        conditions --
                           (i) a condition limiting the period during which that
                                development may be carried out; and
20                        (ii) a condition requiring the cessation of the
                                development and removal of any structure or
                                building erected under that approval at the expiry
                                of the period so limited;
                  (e) provide that the Commission may refuse to grant to an
25                      applicant its approval of development of a specified
                        class in a specified part of the regional order area;
                   (f) subject to section 108, suspend, vary, supplement or
                        supersede any of the provisions of the local laws in force
                        under the Local Government Act 1995 and the Local
30                      Government (Miscellaneous Provisions) Act 1960 in the
                        regional order area.




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                                             Planning and Development Bill 2004
                                      Interim development orders         Part 6
                                Local interim development orders    Division 2
                                                                         s. 100



       (3)   In subsection (2) --
             "specified" means specified in the regional interim
                  development order concerned.
     100.    Consultation with local government on development
5            approval
             Before granting an application for approval of development
             referred to in section 99(2)(a), the Commission is to --
               (a) refer that application to the local government of the
                     district in which the relevant land lies;
10             (b) invite the local government to make submissions on the
                     application within 42 days; and
               (c) have regard to any submission received under
                     paragraph (b).
     101.    Restrictions on power to grant development approval
15           Despite section 129, nothing in a regional interim development
             order in force in respect of a regional order area empowers the
             Commission to grant an applicant approval of development if
             that development contravenes a provision of a local planning
             scheme in force in the regional order area.

20           Division 2 -- Local interim development orders
     102.    Local interim development orders
       (1)   Pending the consideration by the Minister of a proposed local
             planning scheme for a district or part of a district situated
             outside the metropolitan region, the Minister may make such
25           local interim development orders as are necessary and in the
             public interest for regulating, restricting or prohibiting the
             development of any land within the district or such part of the
             district.
       (2)   If a local planning scheme is already in effect in a district or part
30           of a district and it is proposed to make a further local planning
             scheme for that district or part of a district, the Minister is not to

                                                                          page 69
     Planning and Development Bill 2004
     Part 6         Interim development orders
     Division 2     Local interim development orders
     s. 103



               make a local interim development order that has effect in that
               district or part of a district unless, in the opinion of the Minister,
               it is in the public interest to do so.

     103.      Contents of local interim development orders
5       (1)    A local interim development order is to specify the land affected
               by the order.
        (2)    A local interim development order may --
                (a) require a person, before commencing to carry out any
                       specified development within the local order area, to
10                     obtain the written approval of the local government
                       administering the order;
                (b) regulate, restrict or prohibit any specified class of
                       development within the local order area;
                (c) exempt from the operation of the order any development
15                     of a specified class within the local order area;
                (d) in the case of land to which the Heritage of Western
                       Australia Act 1990 applies, require the local government
                       administering the order before approving a development
                       application --
20                        (i) to refer the application in question to the
                               Heritage Council;
                         (ii) not to proceed, without the consent of the
                               Minister, with the application unless or until the
                               advice of the Heritage Council has been
25                             received; and
                        (iii) to have regard to that advice;
                (e) provide that the approval of the local government for the
                       carrying out of any development referred to in the order
                       may, if granted, be granted subject to such conditions as
30                     the local government considers necessary to impose,
                       including, without limiting the generality of those
                       conditions --
                          (i) a condition limiting the period during which that
                               development may be carried out; and

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                                              Planning and Development Bill 2004
                                        Interim development orders        Part 6
      Provisions applying to regional and local interim development  Division 3
                                                              orders
                                                                          s. 104


                       (ii)   a condition requiring the cessation of the
                              development and removal of any structure or
                              building erected under that approval at the expiry
                              of the period so limited;
5               (f)   provide that the local government administering the
                      order may refuse to grant to an applicant its approval of
                      development of a specified class in a specified part of
                      the local order area;
               (g)    subject to section 108, suspend, vary, supplement or
10                    supersede any of the provisions of the local laws in force
                      under the Local Government Act 1995 and the Local
                      Government (Miscellaneous Provisions) Act 1960 in the
                      local order area.
       (3)   In subsection (2) --
15           "specified" means specified in the local interim development
                  order concerned.

     Division 3 -- Provisions applying to regional and local interim
                          development orders
     104.    Consultation with public authorities and utility services
20           providers
             Before making an interim development order that, in the
             opinion of the Commission or the local government, as the case
             requires, may affect the functions of a public authority or utility
             services provider, the Commission or the local government is
25           to --
               (a) inform the public authority or utility services provider of
                     the proposal;
               (b) invite that public authority or utility services provider to
                     make submissions on the proposal within 28 days; and
30             (c) provide the Minister with a copy of any submission
                     received under paragraph (b).



                                                                        page 71
     Planning and Development Bill 2004
     Part 6         Interim development orders
     Division 3     Provisions applying to regional and local interim development
                    orders
     s. 105


     105.      Publication of summary of interim development order
        (1)    On the making of a regional interim development order the
               Commission is to cause to be published once in the Gazette and
               3 times in a daily newspaper circulating in the part of the State
5              to which the order applies a notice --
                 (a) containing a summary of the order; and
                 (b) stating that copies of the order are available for
                       inspection by any person free of charge at the offices of
                       the Commission and of any local government within the
10                     area to which the order applies.
        (2)    At the same time or before acting under subsection (1), the
               Commission is to publish in the Gazette --
                (a) a summary of the relevant resolution made under
                       section 35(1); and
15              (b) a description of the part of the State to which the
                       relevant proposed region planning scheme is to apply.
        (3)    On the making of a local interim development order the local
               government in whose district the order applies is to cause to be
               published once in the Gazette and 3 times in a daily newspaper
20             circulating in that district a notice --
                 (a) containing a summary of the order; and
                 (b) stating that copies of the order are available for
                       inspection by any person free of charge at the offices of
                       the Commission and of any local government within the
25                     area to which the order applies.

     106.      Administration of interim development order
        (1)    The Commission is to administer each regional interim
               development order.
        (2)    The local government or local governments specified in a local
30             interim development order is or are to administer the local
               interim development order.


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                                              Planning and Development Bill 2004
                                        Interim development orders        Part 6
      Provisions applying to regional and local interim development  Division 3
                                                              orders
                                                                          s. 107


     107.    Effect and duration of interim development order
       (1)   Subject to subsection (2), an interim development order --
               (a)   comes into operation on the day of publication of the
                     relevant notice in the Gazette under section 105; and
5              (b)   has effect as if it were enacted by this Act.
       (2)   An interim development order ceases to have effect in the
             regional order area or local order area to which it applies --
               (a) when the relevant region planning scheme or local
                    planning scheme, as the case requires, comes into
10                  operation in respect of that area;
               (b) when the interim development order is revoked under
                    section 110; or
               (c) on the expiry of 3 years from the day on which the
                    interim development order first applied to that area,
15           whichever is the sooner.
       (3)   Despite subsection (2) --
              (a) the Commission may, by notice published in the Gazette
                    before a regional interim development order ceases to
                    have effect, extend its operation for a further period not
20                  exceeding 12 months and may, if the Commission thinks
                    fit, exercise that power of extension more than once; and
              (b) the Minister may, by notice published in the Gazette
                    before a local interim development order ceases to have
                    effect, extend its operation for a further period not
25                  exceeding 12 months and may, if the Minister thinks fit,
                    exercise that power of extension more than once.

     108.    Effect on continued use and permitted development
             Nothing in an interim development order prevents --
              (a) the continued use of any land for the purpose for which
30                  the land was lawfully being used; or



                                                                        page 73
     Planning and Development Bill 2004
     Part 6         Interim development orders
     Division 3     Provisions applying to regional and local interim development
                    orders
     s. 109


                (b)   the carrying out of any development for which an
                      approval or approvals, if any, required under this Act or
                      any other Act authorising that development to be carried
                      out, had been obtained and was or were current,
5              immediately before the coming into operation of the order.

     109.      Amendment of interim development order
        (1)    The Commission may, with the approval of the Minister, at any
               time make an order amending a regional interim development
               order.
10      (2)    The Minister may at any time make an order amending a local
               interim development order.
        (3)    Sections 105(1) or (3) and 107(1) apply with any necessary
               modifications to such an order as if the order were an interim
               development order.

15   110.      Revocation of interim development order
        (1)    The Commission may, with the approval of the Minister, at any
               time by order published --
                 (a) once in the Gazette; and
                 (b) 3 times in a daily newspaper circulating in the part of
20                    the State to which the relevant regional interim
                      development order applies,
               revoke a regional interim development order.
        (2)    The Minister may at any time by order published --
                (a) once in the Gazette; and
25              (b) 3 times in a daily newspaper circulating in the part of
                     the district to which the relevant local interim
                     development order applies,
               revoke a local interim development order.



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                                              Planning and Development Bill 2004
                                        Interim development orders        Part 6
      Provisions applying to regional and local interim development  Division 3
                                                              orders
                                                                          s. 111


     111.    Non-conforming development by local government or public
             authority
       (1)   If --
               (a)   a local government or public authority wishes to carry
5                    out within a regional order area any work or undertaking
                     that is not exempted from the operation of the relevant
                     regional interim development order and which, in the
                     opinion of the Commission, would not be in conformity
                     with the proposed region planning scheme for the part of
10                   the State in which the regional order area is situated; and
               (b)   after consultation between the local government or
                     public authority and the Commission, agreement is not
                     reached concerning the coordination of that work or
                     undertaking with the proposals to be included in that
15                   proposed region planning scheme,
             the Commission may submit the matter to the Minister for
             determination by the Governor.
       (2)   If --
               (a)   a local government or public authority wishes to carry
20                   out within a local order area any work or undertaking
                     that is not exempted from the operation of the relevant
                     local interim development order and which, in the
                     opinion of the local government administering the order,
                     would not be in conformity with the proposed local
25                   planning scheme for the district in which the local order
                     area is situated; and
               (b)   after consultation between the local government or
                     public authority wishing to carry out the work or
                     undertaking and the local government administering the
30                   order, agreement is not reached concerning the
                     coordination of that work or undertaking with the
                     proposals to be included in that proposed region scheme,
             the local government may submit the matter to the Minister for
             determination by the Governor.

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    Planning and Development Bill 2004
    Part 6         Interim development orders
    Division 3     Provisions applying to regional and local interim development
                   orders
    s. 111


       (3)    The Governor may, by order, in respect of a matter submitted
              under subsection (1) or (2) for determination --
                (a) prohibit absolutely or for such period as the Governor
                     thinks fit; or
5               (b) restrict, regulate or permit,
              the carrying out of the work or undertaking or any part of it
              subject to such conditions as the Governor specifies.
       (4)    An order under subsection (3) has effect subject to any written
              law with which it is inconsistent.




    page 76
                                           Planning and Development Bill 2004
                                          Planning control areas       Part 7

                                                                          s. 112



                   Part 7 -- Planning control areas
     112.    Declaration of planning control areas
       (1)   If the Commission considers that any land situated in a region to
             which a region planning scheme applies may be required for
5            one or more of the purposes specified in Schedule 6, the
             Commission may by notice published in the Gazette and with
             the approval of the Minister declare that land to be a planning
             control area.
       (2)   The power in subsection (1) is not to be exercised in respect of
10           any land or waters in the management area of the Swan River
             Trust within the meaning of the Swan River Trust Act 1988.
       (3)   If the Commission considers that this Part should apply to any
             land in the Swan Valley, before seeking approval of the
             declaration the Commission is to --
15             (a) inform the Swan Valley Planning Committee and invite
                     that Committee to make submissions on the matter
                     within 42 days; and
               (b) provide the Minister with a copy of any submissions
                     received from the Committee under paragraph (a).
20     (4)   This Part and the operation of any approval of development
             granted under this Part have effect subject to section 78 of the
             Heritage of Western Australia Act 1990.
       (5)   Where any land is comprised within an area to which the
             Commission considers that this section should apply and is land
25           to which the Heritage of Western Australia Act 1990 applies,
             the Commission is to satisfy the Minister before seeking
             approval to the declaration of that land as a planning control
             area that full disclosure has been made to, and consultations
             concluded with, the Heritage Council as to the likely effect of
30           the declaration as regards places to which that Act applies.




                                                                        page 77
     Planning and Development Bill 2004
     Part 7         Planning control areas

     s. 113



     113.      Declaration may be amended or revoked
               The Commission may by notice published in the Gazette and
               with the approval of the Minister amend or revoke a declaration
               made under section 112.

5    114.      Duration of declaration
               A declaration made under section 112 remains in force until --
                (a) the expiry of such period, not exceeding 5 years from
                      the date on which the notice by which that declaration
                      was so made was published in the Gazette, as is
10                    specified in that notice; or
                (b) it is revoked under section 113,
               whichever is the sooner.

     115.      Applications for approval of development in planning
               control areas
15      (1)    A person who wishes to commence and carry out development
               in a planning control area may apply to the local government in
               the district of which the planning control area is situated for
               approval of that development.
        (2)    An applicant is to submit to the local government such plans
20             and other information as the local government may reasonably
               require.
        (3)    The local government, within 30 days of receiving the
               application, is to forward the application, together with its
               recommendation, to the Commission for determination.

25   116.      Commission may approve or refuse application
        (1)    After receiving an application and recommendation forwarded
               to it under section 115(3), the Commission may --
                 (a) consult with any authority that in the circumstances it
                        thinks appropriate; and


     page 78
                                           Planning and Development Bill 2004
                                          Planning control areas       Part 7

                                                                          s. 117



              (b)    having regard to --
                        (i) any relevant State planning policy;
                       (ii) the purposes for which the land to which that
                             application relates is zoned or reserved under a
5                            region planning scheme;
                      (iii) any special considerations relating to the nature
                             of the planning control area concerned and of the
                             development to which that application relates;
                             and
10                    (iv) the orderly and proper planning, and the
                             preservation of the amenity, of the locality in
                             which the land to which that application relates is
                             situated,
                     approve, subject to such conditions as it thinks fit, or
15                   refuse to approve, that application.
       (2)   The Commission is to give written notice to the applicant of its
             decision on the application.

     117.    Commission may revoke approval
       (1)   If --
20             (a)   the Commission approves an application forwarded to it
                     under section 115(3); and
              (b)    the development concerned is carried out in a manner
                     which is not in conformity with that approval, or any
                     conditions subject to which that approval was given are
25                   not complied with,
             the Commission may revoke that approval.
       (2)   Subsection (1) does not affect the operation of a direction under
             section 214 or prevent proceedings for an offence against
             section 220 in respect of that carrying out or non-compliance
30           alleged to have been committed during the subsistence of that
             approval.


                                                                        page 79
     Planning and Development Bill 2004
     Part 7         Planning control areas

     s. 118



     118.      Effect of Part
               Nothing in this Part or section 220 affects --
                (a)   the continued use of any land in a planning control area
                      for the purpose for which it was lawfully being used; or
5               (b)   the continuation and completion of the development of
                      any land in a planning control area, including the
                      erection, construction, alteration or carrying out, as the
                      case requires, of any building, excavation or other works
                      on that land, which development was lawfully being
10                    carried out,
               immediately before the declaration of the planning control area.




     page 80
                                          Planning and Development Bill 2004
                                            Improvement plans         Part 8

                                                                        s. 119



                     Part 8 -- Improvement plans
     119.    Commission may recommend improvement plan
       (1)   The Commission may --
              (a) certify in writing to the Minister that for the purpose of
5                  advancing the planning, development and use of any
                   land within a part of the State to which a region
                   planning scheme applies --
                      (i) the land should be dealt with in all or any of the
                           following ways, namely, planned, replanned,
10                         designed, redesigned, consolidated,
                           resubdivided, cleared, developed, reconstructed
                           or rehabilitated; or
                     (ii) provision should be made for the land to be used
                           for such residential, commercial, industrial,
15                         public, recreational, institutional, religious,
                           charitable or other uses, buildings, works,
                           improvements or facilities, or spaces for those
                           purposes, as may be appropriate or necessary;
                   and
20            (b) recommend to the Minister that the land should be so
                   dealt with or used for that purpose and made the subject
                   of an improvement plan.
       (2)   The recommendation is to be accompanied by a copy of the
             improvement plan and such supporting maps and texts as the
25           Minister may require.
       (3)   If the Minister accepts the recommendation, the Minister is to
             forward the recommendation to the Governor for acceptance.
       (4)   An improvement plan comes into force on the day on which
             notice of the acceptance of the recommendation of the
30           Governor, and a summary of the improvement plan, is published
             in the Gazette.



                                                                      page 81
     Planning and Development Bill 2004
     Part 8         Improvement plans

     s. 120



        (5)    Section 195 applies in respect of the acquisition of land
               included in an improvement plan in force under this section.
     120.      Improvement plan may be amended or revoked
        (1)    The Commission may --
5               (a)   amend an improvement plan by notice of amendment; or
                (b)   revoke an improvement plan by notice of revocation.
        (2)    Section 119 applies to a notice of amendment or revocation
               under subsection (1) as if the notice were a recommendation
               under that section and the amendment or revocation were an
10             improvement plan.
     121.      Commission may develop land included in improvement
               plan
        (1)    For the purpose of advancing the development of land in
               accordance with an improvement plan the Commission with the
15             approval of the Governor may --
                 (a) construct, repair, rehabilitate or improve buildings,
                       works, improvements or facilities on land acquired or
                       held by it under this Act;
                 (b) return, sell, lease, exchange or otherwise dispose of --
20                        (i) any buildings, works, improvements or facilities
                              and the land appurtenant to the buildings, works,
                              improvements or facilities; and
                         (ii) any land acquired by the Commission under this
                              Act,
25                     to any person or public authority upon such terms and
                       conditions as the Commission with the approval of the
                       Governor thinks fit;
                 (c) in respect of land included in an improvement plan but
                       not acquired or held by it under this Act, enter into an
30                     agreement with any owner of the land relating to --
                          (i) the planning, replanning, design, redesign,
                              consolidation, resubdivision, clearing,

     page 82
                                           Planning and Development Bill 2004
                                             Improvement plans         Part 8

                                                                         s. 122



                             development, reconstruction or rehabilitation of
                             the land;
                      (ii)   the construction, repair, rehabilitation or
                             improvement of any buildings, works, services,
5                            improvements or facilities on the land;
                     (iii)   the sale, purchase, exchange, surrender, vesting,
                             allocation or other disposal of the land, the
                             adjustment or alteration of the boundaries of the
                             land, the pooling of the lands of several owners,
10                           the adjustment of rights between owners of the
                             land or other persons interested in the land
                             whether by payments of money or transfers or
                             exchanges of land or otherwise, the valuation of
                             the land and the provision of land for any public
15                           open space, public work or any other public
                             purpose;
                     (iv)    the payment, satisfaction or recovery of costs
                             incurred in implementing the agreement; and
                      (v)    such other acts, matters or things as are or may
20                           be necessary to give effect to the improvement
                             plan;
                    and
              (d)   do any act, matter or thing for the purpose of carrying
                    out any agreement entered into under paragraph (c).
25     (2)   The Commission is to notify in the Gazette particulars of any
             return, sale, lease, exchange or disposal to any person referred
             to in subsection (1)(b) within one month of the Governor's
             approval.

     122.    Nothing in this Part derogates from other powers
30           Nothing in this Part is to be construed as taking away or in any
             way derogating from or diminishing any power otherwise
             conferred by this or any other Act upon the Commission or any
             other authority, body or person.


                                                                       page 83
     Planning and Development Bill 2004
     Part 9         Relationship between region planning schemes, local planning
                    schemes, planning control provisions and written laws

     s. 123


         Part 9 -- Relationship between region planning
        schemes, local planning schemes, planning control
                   provisions and written laws
     123.      Local planning schemes and local laws to be consistent with
5              region planning scheme
        (1)    A local planning scheme is not to be approved by the Minister
               under this Act unless the provisions of the local planning
               scheme are in accordance with and consistent with each relevant
               region planning scheme.
10      (2)    Local laws which if made would affect or be likely to affect a
               region planning scheme are not to be made by a local
               government unless the provisions of the local laws are in
               accordance with and consistent with each relevant region
               planning scheme.

15   124.      Effect of region planning scheme on local planning scheme
        (1)    If a region planning scheme is inconsistent with a local planning
               scheme, the region planning scheme prevails over the local
               planning scheme to the extent of the inconsistency.
        (2)    If a region planning scheme is inconsistent with a local planning
20             scheme, the local government of the district in which the land
               directly affected is situated is to, not later than 90 days after the
               day on which the region planning scheme has effect, resolve to
               prepare --
                 (a) a local planning scheme which is consistent with the
25                      region planning scheme; or
                 (b) an amendment to the local planning scheme which
                        renders the local planning scheme consistent with the
                        region planning scheme,
               and which does not contain or removes, as the case requires, any
30             provision which would be likely to impede the implementation
               of the region planning scheme.


     page 84
                                            Planning and Development Bill 2004
     Relationship between region planning schemes, local planning       Part 9
             schemes, planning control provisions and written laws

                                                                         s. 125


       (3)   If a region planning scheme is amended and is inconsistent with
             a local planning scheme, the local government of the district in
             which the land directly affected is situated is to, not later than
             90 days after the day on which the amendment to the region
5            planning scheme has effect, resolve to prepare in relation to the
             land --
               (a) a local planning scheme which is consistent with the
                      region planning scheme; or
               (b) an amendment to the local planning scheme which
10                    renders the local planning scheme consistent with the
                      region planning scheme,
             and which does not contain or removes, as the case requires, any
             provision which would be likely to impede the implementation
             of the region planning scheme.
15     (4)   In preparing the local planning scheme or amendment the local
             government is to have due regard to the purpose and planning
             objectives of the region planning scheme or amendment to the
             region planning scheme as set out in the statement deposited
             under section 43(1).
20     (5)   The local government is to, within such reasonable time after
             the passing of the resolution as is directed in writing by the
             Minister, forward to the Minister for approval under section 87
             the local planning scheme or amendment it has prepared.

     125.    Minister may direct local government to amend local
25           planning scheme for consistency
       (1)   The Minister may, by written notice, direct a local government
             to prepare a local planning scheme or to amend a local planning
             scheme, in the time and manner set out in the notice, to ensure
             consistency with a region planning scheme, a proposed region
30           planning scheme or a proposed amendment to a region planning
             scheme.




                                                                       page 85
     Planning and Development Bill 2004
     Part 9         Relationship between region planning schemes, local planning
                    schemes, planning control provisions and written laws

     s. 126


        (2)    A local government to whom a notice is given under
               subsection (1) is to, within the time set out in the notice --
                 (a) resolve to prepare a local planning scheme, or an
                       amendment to a local planning scheme, in accordance
5                      with the notice;
                 (b) prepare and advertise the local planning scheme or
                       amendment in accordance with this Part; and
                 (c) forward to the Minister for approval under section 87
                       the local planning scheme or amendment prepared by it.
10      (3)    If the Minister so directs, the advertisement of the local
               planning scheme or amendment to the local planning scheme is
               to be published together with the notification of the relevant
               region planning scheme or amendment under section 43 or 58.

     126.      Zoning amended by region planning scheme
15      (1)    If a region planning scheme delineates land comprised in a local
               planning scheme as a reserve for any public purpose, then the
               local planning scheme, in so far as it operates in relation to that
               land, is, by force of this section and without any further action
               under this Act, amended to such extent (if any) as is necessary
20             to give effect to the reservation under the region planning
               scheme.
        (2)    Notice of any amendment effected under subsection (1) is to be
               published in the Gazette.
        (3)    If --
25               (a)   it is proposed that a region planning scheme delineate
                       land comprised in a local planning scheme as land in an
                       Urban zone;
                (b)    the local government of the district in which the land
                       directly affected by the proposed region planning
30                     scheme zoning is situated requests the Commission to
                       amend the local planning scheme under this subsection
                       to change the zoning of that land under the local
                       planning scheme, and the Commission agrees; and

     page 86
                                            Planning and Development Bill 2004
     Relationship between region planning schemes, local planning       Part 9
             schemes, planning control provisions and written laws

                                                                           s. 127


               (c)   notice of the amendment, as made by the Commission,
                     is published in the Gazette on or after the coming into
                     operation of the region planning scheme,
             then the local planning scheme, in so far as it operates in
5            relation to that land, is, by force of this section and without any
             further action under this Act, amended as set out in that notice
             on the date of publication of the notice.

     127.    Minister may direct local government to modify proposed
             scheme or amendment
10     (1)   The Minister may, before approving a proposed local planning
             scheme, or amendment to a scheme, prepared by a local
             government under section 124(2) or 125, direct the local
             government to --
               (a) modify the proposed local planning scheme or
15                 amendment in the manner specified in the direction to
                   ensure that the proposed local planning scheme or
                   amendment --
                      (i) is consistent with the region planning scheme;
                           and
20                   (ii) will not impede the implementation of the region
                           planning scheme;
                   and
               (b) to forward the proposed local planning scheme or
                   amendment as so modified to the Minister for approval
25                 under section 87.
       (2)   A local government is to comply with a direction under
             subsection (1).
     128.    Minister may direct local government to adopt scheme or
             amendment
30     (1)   If a local government does not comply with --
               (a)   section 124(2);
               (b)   section 125; or

                                                                         page 87
     Planning and Development Bill 2004
     Part 9         Relationship between region planning schemes, local planning
                    schemes, planning control provisions and written laws

     s. 128


                (c)   not later than 60 days after the giving of the direction
                      concerned, section 127(2),
               the Minister may --
                 (d) cause the relevant local planning scheme or amendment
5                     to be prepared or modified as the case requires and
                      forwarded to the local government; and
                 (e) direct the local government to adopt that local planning
                      scheme or amendment as if it were a local planning
                      scheme proposed by owners of land with respect to
10                    which the local government might itself have prepared a
                      scheme.
        (2)    A local government is to comply with a direction under
               subsection (1)(e).
        (3)    If a local government to which a direction has been given under
15             subsection (1)(e) does not comply with the direction within
               60 days after the relevant local planning scheme or amendment
               was forwarded to it, the Minister may approve of the local
               planning scheme or amendment and cause it to be published in
               the Gazette in accordance with Part 5.
20      (4)    A local planning scheme, or an amendment to an existing local
               planning scheme, as the case requires, published in the Gazette
               under subsection (3) takes effect from the date of publication
               and has effect as if it were made under Part 5.
        (5)    All costs, charges and expenses incurred by the Minister in the
25             exercise of any powers conferred on the Minister by this section
               may be recovered by the Minister from the local government
               concerned as a debt due to the Crown or may be deducted from
               any moneys payable by the Crown to the local government.




     page 88
                                            Planning and Development Bill 2004
     Relationship between region planning schemes, local planning       Part 9
             schemes, planning control provisions and written laws

                                                                          s. 129


     129.    Effect of interim development order on local planning
             scheme and local laws
       (1)   If there is an inconsistency between --
               (a) a local planning scheme in force in a regional order area,
5                     or a local law in force in a regional order area under the
                      Local Government Act 1995 and the Local Government
                      (Miscellaneous Provisions) Act 1960 or any written law
                      for which the latter Act is in substitution; and
               (b) a regional interim development order in force in respect
10                    of the regional order area,
             the regional interim development order prevails over that local
             planning scheme or local law to the extent of the inconsistency.
       (2)   If there is an inconsistency between --
               (a) a local planning scheme in force in a local order area, or
15                    a local law in force in a local order area under the Local
                      Government Act 1995 and the Local Government
                      (Miscellaneous Provisions) Act 1960 or any written law
                      for which the latter Act is in substitution; and
               (b) a local interim development order in force in respect of
20                    the local order area,
             the local interim development order prevails over that local
             planning scheme or local law to the extent of the inconsistency.

     130.    Planning control area provisions prevail
             The provisions of Part 7 prevail over --
25            (a) every other provision of this Act;
              (b) any region planning scheme; and
              (c) any local planning scheme,
             to the extent of any inconsistency with those provisions and
             schemes.



                                                                        page 89
     Planning and Development Bill 2004
     Part 9         Relationship between region planning schemes, local planning
                    schemes, planning control provisions and written laws

     s. 131


     131.      Compliance with local government regulations
        (1)    If there is any inconsistency between a local planning scheme
               and a regulation made under section 433A of the Local
               Government (Miscellaneous Provisions) Act 1960, the local
5              planning scheme prevails to the extent of the inconsistency.
        (2)    In the exercise of any power conferred on it by a local planning
               scheme a local government is not obliged to have regard to any
               regulations made under section 433A of the Local Government
               (Miscellaneous Provisions) Act 1960.

10   132.      Governor may suspend operation of certain written laws
        (1)    If the carrying out of any provision of a planning scheme would
               conflict with any provisions, limitations, or conditions of or
               prescribed by any Act, the responsible authority may apply to
               the Governor for an order modifying or suspending the
15             provisions of that Act, so far as may be necessary to enable
               effect to be given to the planning scheme.
        (2)    Upon application under subsection (1) the Governor may, in
               respect of that planning scheme but not otherwise, make an
               order accordingly for the suspension or modification of the
20             provisions or any of them, subject to such conditions and
               limitations as the Governor thinks fit.
        (3)    An order under subsection (2) does not take effect unless and
               until it has been approved by a resolution of both Houses of
               Parliament.




     page 90
                                             Planning and Development Bill 2004
                              Subdivision and development control      Part 10
                                                      Application   Division 1
                                                                         s. 133



            Part 10 -- Subdivision and development control
                            Division 1 -- Application
     133.      Application to Crown land
       (1)     Except as provided in subsection (2) and section 168, this Part
5              does not apply to Crown land.
       (2)     If the Minister to whom the Governor has for the time being
               committed the administration of the Land Administration
               Act 1997 intends to subdivide and develop any Crown land
               under section 27(1) of that Act for the purpose of selling the
10             Crown land under section 74 of that Act, section 134, Division 2
               (except section 136), sections 150, 151, 152 and 157, Division 4
               and section 167 apply to that Crown land for the purposes of
               section 27 of the Land Administration Act 1997 as if that Crown
               land were held in freehold.

15   134.      Application, and effect, of other written laws
       (1)     Sections 135 and 136 are subject to section 68 of the
               Environmental Protection Act 1986 and to section 58(6) of the
               Contaminated Sites Act 2003.
       (2)     Sections 135 and 136 do not apply to --
20              (a) the grant of, or to the transfer of or other dealing with or
                      in, a mining tenement within the meaning of the Mining
                      Act 1904 or the Mining Act 1978 or a portion of such a
                      mining tenement or any shares in the mining tenement
                      or portion;
25              (b) the conferral of rights under section 34 of the Dampier
                      to Bunbury Pipeline Act 1997; or
                (c) the issue of a distribution licence under Part 2A of the
                      Energy Coordination Act 1994.
       (3)     Where an application is made to the Commission for approval
30             under section 135 or 136 in relation to land in the Swan Valley,
               unless subsection (8) applies, the Commission is to give full

                                                                         page 91
     Planning and Development Bill 2004
     Part 10        Subdivision and development control
     Division 2     Approval for subdivision and certain transactions
     s. 135



               particulars of the application to the Swan Valley Planning
               Committee.
        (4)    The Swan Valley Planning Committee, within 42 days after the
               day on which it receives particulars of an application or within
5              such longer period as the Commission allows, is to give to the
               Commission its advice in writing on how the application should
               be determined, including any conditions to which any approval
               should be made subject.
        (5)    If the Swan Valley Planning Committee fails to give its advice
10             within the time allowed under subsection (4), it is taken to have
               no advice to give on the application.
        (6)    The Minister may, at the request of the Commission, approve of
               the Commission disregarding the Committee's advice in whole
               or in part in determining the application.
15      (7)    Subject to any approval under subsection (6) the Commission is
               to determine the application in accordance with the advice of
               the Swan Valley Planning Committee.
        (8)    The Swan Valley Planning Committee may determine that any
               particular class or description of applications under section 135
20             or 136 need not be referred to the Committee for advice under
               this section and is to notify the Commission of any such
               determination.

     Division 2 -- Approval for subdivision and certain transactions
     135.      Approval required for subdivision
25      (1)    A person is not to --
                (a) subdivide any lot;
                (b) amalgamate any lot with any other lot, whether within
                      the same district or otherwise; or
                (c) lay out, grant or convey a road,
30             without the approval of the Commission.


     page 92
                                            Planning and Development Bill 2004
                            Subdivision and development control       Part 10
                 Approval for subdivision and certain transactions Division 2
                                                                        s. 136



       (2)   A person who contravenes subsection (1) commits an offence.
       (3)   In this section --
             "road" has the meaning given by section 4(1) and includes a
                 private road created under Part IVA of the Transfer of Land
5                Act 1893 or within the meaning of the Land Administration
                 Act 1997 section 3(1).

     136.    Approval required for certain transactions where land not
             dealt with as a lot or lots
       (1)   Subject to sections 139 and 140 a person is not to --
10            (a) lease or grant a licence to use or occupy land for any
                    term exceeding 20 years, including any option to extend
                    or renew the term or period;
              (b) lease and grant a licence to use or occupy land for terms
                    in the aggregate exceeding 20 years, including any
15                  option to renew or extend the terms or periods;
              (c) sell or agree to sell land; or
              (d) grant any option of purchase of land,
             without the approval of the Commission unless the land is dealt
             with by way of such lease, licence, agreement or option of
20           purchase as a lot or lots.
       (2)   A person who contravenes subsection (1) commits an offence.
       (3)   In this section --
             "land", in relation to the leasing or the granting of a licence to
                  use or occupy or, where applicable, the leasing and the
25                granting of such a licence, does not include the whole or a
                  portion of a building if --
                  (a) the building was constructed in accordance with a
                      building licence granted by a local government under
                      section 374 of the Local Government (Miscellaneous
30                    Provisions) Act 1960 or under an Act repealed by that
                      Act, or a building licence to construct the building is in
                      force under that section; and

                                                                         page 93
     Planning and Development Bill 2004
     Part 10        Subdivision and development control
     Division 2     Approval for subdivision and certain transactions
     s. 137



                    (b)   subject to subsection (4), the leasing or the granting
                          of a licence does not relate to any land other than that
                          building or portion;
               "licence to use or occupy" does not include an easement.
5       (4)    A reference in the definition of "land" in subsection (3) to the
               whole or a portion of a building includes a reference to any area
               outside that whole or portion, which area is --
                 (a) the subject of the same lease or licence to use or occupy
                       as that whole or portion or of a lease or licence to use or
10                     occupy entered into or granted by the lessor of, or
                       grantor of a licence to use or occupy, that whole or
                       portion; and
                (b) used for the purpose of ingress to or egress from that
                       whole or portion, advertising, parking vehicles, storing
15                     goods, loading or unloading goods or passengers or for
                       any other purpose necessary or desirable for the
                       convenient occupation of that whole or portion.

     137.      Applications in respect of heritage land
        (1)    This section applies to land to which section 78 of the Heritage
20             of Western Australia Act 1990 applies.
        (2)    The Commission is not to grant an application for its approval
               under section 135 or 136 in respect of land to which this section
               applies unless --
                 (a) the requirements of section 78(1) and (4) of the Heritage
25                     of Western Australia Act 1990 have been observed; and
                 (b) regard has been had to any advice received from the
                       Heritage Council.




     page 94
                                            Planning and Development Bill 2004
                            Subdivision and development control       Part 10
                 Approval for subdivision and certain transactions Division 2
                                                                        s. 138



       (3)   If section 78(2)(a) of the Heritage of Western Australia
             Act 1990 applies, the holder of an approval given by the
             Commission under section 135 or 136 in respect of land to
             which this section applies is not to give effect to that
5            approval --
               (a) during such time as the operation of the approval is
                      suspended under section 78 of the Heritage of Western
                      Australia Act 1990; or
               (b) otherwise than in accordance with section 78(2)(b) and
10                    (c) of the Heritage of Western Australia Act 1990.
       (4)   In relation to any place which is entered in the Register
             maintained by the Heritage Council under the Heritage of
             Western Australia Act 1990, any approval given by the
             Commission under section 135 or 136 in respect of land to
15           which this section applies is taken to be revoked under
             section 78(3) of the Heritage of Western Australia Act 1990.

     138.    Approval of Commission
       (1)   The Commission may give its approval under section 135
             or 136 subject to conditions which are to be carried out before
20           the approval becomes effective.
       (2)   Subject to subsection (3), in giving its approval under
             section 135 or 136 the Commission is to have due regard to the
             provisions of any local planning scheme that applies to the land
             under consideration and is not to give an approval that conflicts
25           with the provisions of a local planning scheme.
       (3)   The Commission may give an approval under section 135
             or 136 that conflicts with the provisions of a local planning
             scheme if --
               (a) the local planning scheme was not first published, or a
30                   consolidation of the local planning scheme has not been
                     published, in the preceding 5 years and the approval is
                     consistent with a State planning policy that deals with
                     substantially the same matter;


                                                                       page 95
     Planning and Development Bill 2004
     Part 10        Subdivision and development control
     Division 2     Approval for subdivision and certain transactions
     s. 139



                (b)    the approval is consistent with a region planning scheme
                       that deals with substantially the same matter;
                (c)    in the opinion of the Commission --
                          (i) the conflict is of a minor nature; or
5                        (ii) the approval is consistent with the general intent
                               of the local planning scheme;
                (d)    the local planning scheme includes provisions
                       permitting a variation of the local planning scheme that
                       would remove the conflict;
10              (e)    in the case of an application under section 135, the local
                       government responsible for the enforcement of the
                       observance of the scheme has been given the plan of
                       subdivision, or a copy, under section 142 and has not
                       made any objection or recommendation under that
15                     section; or
                 (f)   the approval is given in circumstances set out in the
                       regulations.
        (4)    Despite subsection (3), the Commission is to ensure that an
               approval under section 135 or 136 complies with the provisions
20             of a local planning scheme to the extent necessary for
               compliance with an environmental condition relevant to the land
               under consideration.

     139.      Approved classes of lease or licence
        (1)    A person may without the approval of the Commission lease or
25             grant a licence to use or occupy land for a term of any duration
               and otherwise than as a lot or lots if that lease or licence --
                 (a) belongs to a class of lease or licence for the time being
                       approved under subsection (3) in respect of the person;
                       and
30               (b) complies with such conditions as are imposed under
                       subsection (3) in respect of that person.



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     (2)   A person may apply to the Commission in writing for a class of
           lease or licence to use or occupy land to be approved under
           subsection (3) in respect of that person.
     (3)   On receiving an application made under subsection (2) the
5          Commission may, having regard to --
            (a) the nature of the interest proposed to be granted under
                  leases or licences of the class concerned;
            (b) the classification or zoning of the land to which leases or
                  licences of the class concerned will relate;
10          (c) the proposed terms of leases or licences of the class
                  concerned, whether for the lives of the proposed lessees
                  or licensees or for fixed periods;
            (d) the anticipated number or frequency of leases or licences
                  of the class concerned; and
15          (e) such matters other than those referred to in
                  paragraphs (a), (b), (c) and (d) as the Commission
                  considers relevant,
           approve the class of lease or licence concerned in respect of the
           applicant for the purposes of subsection (1), subject to such
20         conditions as the Commission thinks fit to impose in respect of
           that approval, or refuse to approve that class.
     (4)   The Commission may at any time revoke or amend an approval
           given under subsection (3) by notice in writing of that
           revocation or amendment served on the person in respect of
25         whom or which that approval was given.




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     140.      Saving of certain agreements
        (1)    Where an agreement to sell or grant an option to purchase, or to
               lease or grant or lease and grant a licence to use or occupy any
               portion of a lot has been entered into without the approval of the
5              Commission having been first obtained as required under this
               Division, that agreement is taken not to have been entered into
               in contravention of this Division if --
                 (a) the agreement is entered into subject to the approval of
                       the Commission being obtained; and
10               (b) an application for the approval of the Commission is
                       made within a period of 3 months after the date of the
                       agreement.
        (2)    Nothing in this Division renders the agreement illegal or void
               by reason only that the agreement was entered into before the
15             approval of the Commission was obtained.
        (3)    Without prejudice to the operation of section 141, the agreement
               referred to in subsection (1) has no effect, unless and until the
               Commission gives its approval --
                 (a) within a period of 6 months after the date of the
20                     agreement or within such further period as is stipulated
                       in that agreement; or
                 (b) within such further period as is stipulated in a
                       subsequent agreement in writing made --
                          (i) by all the parties to the first-mentioned
25                             agreement; or
                         (ii) when the subsequent agreement is made after the
                               death of any of those parties, by the surviving
                               party or parties and the legal personal
                               representative of any deceased party.




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     141.    Refund where transaction cannot be completed
             Where, after payment of consideration for any transaction
             relating to any land, it is found that the transaction cannot be
             completed --
5              (a) within a period of 6 months after the date of entering
                     into the transaction or within such further period as is
                     stipulated in the transaction; or
               (b) within such further period as is stipulated in a
                     subsequent agreement in writing made --
10                      (i) by all the parties to the transaction; or
                       (ii) when the subsequent agreement is made after the
                             death of any of those parties, by the surviving
                             party or parties and the legal personal
                             representative of any deceased party,
15           because the land cannot be dealt with as a lot or lots, the person
             who paid the consideration is entitled to a refund of the
             consideration from the person to whom it was paid.

     142.    Objections and recommendations
       (1)   When, in the opinion of the Commission, a plan of subdivision
20           may affect the functions of a local government, a public
             authority, or a utility services provider, the Commission is to
             forward the plan or a copy of the plan to that local government,
             public authority or utility services provider for objections and
             recommendations.
25     (2)   A local government, public body or utility services provider
             receiving such a plan or copy is to, within 42 days of receipt of
             the plan or copy or within such longer period as the
             Commission allows, forward it to the Commission with --
               (a) a memorandum in writing containing any objections to,
30                   or recommendations in respect of, the whole or part of
                     that plan; and



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                 (b)   in the case of a local government receiving a plan or
                       copy relating to land within the area to which an
                       assessed scheme (within the meaning of the EP Act)
                       applies, advice of any relevant environmental condition
5                      to which the assessed scheme is subject.
        (3)     If a local government, public authority or utility services
                provider does not forward a memorandum within the time
                allowed under subsection (2), the Commission may determine
                that it is taken to have no objections or recommendations to
10              make or advice to give.

     143.       How Commission is to deal with plan of subdivision
        (1)     After considering any objections or recommendations contained
                in a memorandum forwarded to the Commission under
                section 142, and any advice of a relevant environmental
15              condition forwarded to it under that section, the Commission is
                to --
                  (a) approve the plan of subdivision;
                  (b) refuse to approve the plan of subdivision; or
                  (c) approve the plan of subdivision and require the applicant
20                      for approval to comply with such conditions as the
                        Commission thinks fit before the diagram or plan of
                        survey will be endorsed with the approval of the
                        Commission.
        (2)     The Commission is to try to deal with the plan of subdivision in
25              one of the ways mentioned in subsection (1) within the period of
                90 days after the day on which the plan was submitted to the
                Commission for approval or within such longer period after that
                day as may be agreed in writing between the Commission and
                the applicant for approval.




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     144.    Reconsideration of refusal to approve plan of subdivision
       (1)   If the Commission under section 143 refuses to approve a plan
             of subdivision and the applicant for approval concerned is
             dissatisfied with the refusal, that applicant may within 28 days
5            of being notified of the refusal request in writing the
             Commission to reconsider the refusal.
       (2)   On receiving a request under subsection (1), the Commission,
             by notice in writing served on the person who made that
             request, may --
10             (a) approve the plan of subdivision;
               (b) again refuse to approve the plan of subdivision; or
               (c) approve the plan of subdivision and require the applicant
                     for approval to comply with such conditions as the
                     Commission thinks fit before the diagram or plan of
15                   survey will be endorsed with the approval of the
                     Commission.

     145.    Endorsement of approval upon diagram or plan of survey of
             subdivision
       (1)   A person to whom approval of a plan of subdivision has been
20           given may, within the prescribed period --
               (a) submit to the Commission in the prescribed manner and
                    form a diagram or plan of survey of the subdivision,
                    accompanied by the prescribed fee; and
               (b) request the Commission to approve the diagram or plan
25                  of survey of the subdivision.
       (2)   In subsection (1) --
             "prescribed period" means --
                 (a) in relation to a plan of subdivision creating more than
                      5 lots, the period of 4 years after the Commission
30                    approved the plan of subdivision; and
                 (b) in any other case, the period of 3 years after the
                       Commission approved the plan of subdivision.

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        (3)     If the Commission is satisfied that --
                  (a) the diagram or plan of survey is in accordance with the
                        plan of subdivision approved by the Commission; and
                  (b) if that approval was given subject to conditions, the
5                       conditions have been complied with or will be complied
                        with at the time a certificate of title is created or
                        registered,
                the Commission is to endorse its approval on the diagram or
                plan of survey.
10      (4)     The Commission is to try to deal with the request under
                subsection (1)(b) within the period of 30 days after the day on
                which the request is made to the Commission or within such
                longer period after that day as may be agreed in writing between
                the Commission and the person making the request.
15      (5)     If, at the expiration of the period referred to in subsection (1), a
                diagram or plan of survey of the subdivision has not been
                submitted to the Commission, the approval of the plan of
                subdivision ceases to have effect and the diagram or plan of
                survey cannot be submitted to the Commission under this
20              section.

     146.       No certificate of title for subdivided land without
                endorsement of Commission approval
        (1)     The Registrar of Titles is not to create or register a certificate of
                title under the Transfer of Land Act 1893 for land the subject of
25              a plan of subdivision unless a diagram or plan of survey of the
                subdivision of that land has been endorsed with the approval of
                the Commission and --
                   (a) in the case of a diagram or plan of survey endorsed with
                         the approval of the Commission before the coming into
30                       operation of this section, the title application was lodged
                         with the Registrar of Titles before, or is lodged with the
                         Registrar of Titles within 5 years after, the coming into
                         operation of this section;


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              (b)    in the case of a diagram or plan of survey endorsed with
                     the approval of the Commission on or after the coming
                     into operation of this section, the diagram or plan of
                     survey has been endorsed with the approval of the
5                    Commission within the 24 months preceding the lodging
                     of a title application with the Registrar of Titles; and
               (c)   any conditions as to the registration or recording or
                     continued registration or recording of an encumbrance
                     or other document on or before the creation or
10                   registration of a certificate of title that are noted on the
                     diagram or plan of survey have been complied with, or
                     will be complied with at the time the certificate of title is
                     created or registered.
       (2)   In subsection (1)(a) and (b) --
15           "title application", in relation to a diagram or plan of survey,
                  means an application for new titles to be created and
                  registered for land the subject of the diagram or plan of
                  survey.
       (3)   A plan containing one lot only is deemed a diagram or plan of
20           survey of a subdivision provided that it is a portion of land
             comprised in --
               (a) a certificate of title;
               (b) a registered conveyance;
               (c) a Crown grant; or
25             (d) a lot on a plan deposited with the TLA Department.

     147.    Approval required for certain transfers and other dealings
       (1)   The Registrar of Titles is not to register a transfer, conveyance,
             lease or mortgage of any land unless --
               (a) it has first been approved in writing by the Commission;
30             (b) the land comprises the whole of one or more lots, or the
                     land comprises part of a lot included in a diagram or
                     plan of survey of subdivision that has been approved by
                     the Commission; or

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                  (c)     in the case of a lease, the lease does not contain or
                          purport to contain an option to purchase land other than
                          the whole of one or more lots and --
                             (i) the term is not more than 20 years, including any
5                                 option to extend or renew the term;
                            (ii) section 136(1) does not apply to the lease by
                                  virtue of the definition of "land" in section 136;
                                  or
                           (iii) the lease is a lease which may be entered into
10                                without the approval of the Commission by
                                  virtue of section 139(1).
        (2)     The Registrar of Titles is not to create and register in the name
                of a registered proprietor a certificate of title for a portion of
                land, not being the whole of one or more lots, unless the
15              application from the registered proprietor for the certificate of
                title has been endorsed with the approval of the Commission.

                        Division 3 -- Conditions of subdivision
     148.       Conditions as to development
                Without limiting section 143, the Commission may impose a
20              condition under that section that requires --
                  (a) development to be integrated with the subdivision of the
                        lot as specified by the Commission where, in the opinion
                        of the Commission, such integration is necessary
                        because of the size of the lots and potential impact on
25                      the amenity of the locality; and
                  (b) development approval for building on the lot to be
                        granted before the diagram or plan of survey of the
                        subdivision will be endorsed with the approval of the
                        Commission.




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     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.
5      (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
10                   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
15                           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
20           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.
25     (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
30              (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.


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        (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
5                 (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
10               (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
15              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.
20    (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;
25                (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,
30                     conveyance, lease or mortgage of a tied lot or a principal
                       lot;
                  (d) the procedure for the approval;

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               (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
5                    section.

     150.    Conditions on road access
       (1)   Without limiting section 143, the Commission may impose a
             condition under that section that access to and from a portion of
             land shown on a plan or diagram of survey relating to the
10           subdivision to a road abutting the portion of land is to be
             restricted or prohibited as set out in the condition and in
             accordance with the regulations.
       (2)   A condition referred to in subsection (1) is to specify a
             covenantee.
15     (3)   Where --
              (a) a diagram or plan of survey of a subdivision or a plan
                   lodged for registration under the Strata Titles Act 1985
                   is received at the TLA Department; and
              (b) it is shown on the plan or diagram that access to and
20                 from any portion of land shown on the plan or diagram
                   to and from a road abutting the portion of land is subject
                   to or intended to be subject to a restriction or prohibition
                   as set out in a condition imposed by the Commission,
             the land becomes subject to a covenant so restricting or
25           prohibiting that access --
               (c) in the case of a plan lodged for registration under the
                     Strata Titles Act 1985, at the time the Registrar of Titles
                     registers the plan under that Act; and
               (d) in any other case, at the time the new certificate, or if
30                   more than one, all the new certificates, for the land the
                     subject of the diagram or plan have been registered
                     under the Transfer of Land Act 1893.


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        (4)     It is sufficient description for the purposes of subsection (3)(b)
                if reference is made on the plan or diagram to this section and
                regulations made for the purposes of this section.

     151.       Reconsideration of conditions
5       (1)     If the Commission under section 143 imposes conditions and
                the applicant concerned is dissatisfied with any such condition,
                that applicant may within 28 days of being notified of that
                condition request in writing the Commission to reconsider that
                condition.
10      (2)     On receiving a request under subsection (1), the Commission
                may by notice in writing served on the person who made that
                request --
                  (a) alter or revoke the condition to which that request
                        relates; or
15                (b) confirm the condition.

     152.       Certain land to vest in the Crown
        (1)     If the Commission has approved a subdivision of land subject to
                a condition that one or more portions of land shown on a
                diagram or plan of survey relating to the subdivision or a plan
20              under the Strata Titles Act 1985 are to vest in the Crown for any
                one or more of the following purposes --
                  (a) conservation or protection of the environment;
                  (b) an artificial waterway;
                  (c) a pedestrian accessway;
25                (d) a right-of-way;
                  (e) a reserve for water supply, sewerage, drainage,
                        foreshore management, waterway management or
                        recreation;
                   (f) a public purpose specified in the condition and related to
30                      the subdivision,



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           then, subject to the encumbrances referred to in subsection (5),
           the land subject to the condition vests in the Crown by force of
           this section without any conveyance, transfer or assignment or
           the payment of any fee.
5    (2)   Land vested under subsection (1) is vested --
            (a) in the case of a plan lodged for registration under the
                  Strata Titles Act 1985, at the time the Registrar of Titles
                  registers the plan under that Act; and
            (b) in any other case, at the time the new certificate, or if
10                more than one, all the new certificates, for the land the
                  subject of the diagram or plan of survey, has or have
                  been registered under the Transfer of Land Act 1893.
     (3)   Land vested under subsection (1) --
            (a)    is Crown land;
15          (b)    does not form part of a parcel comprised in a plan that is
                   registered under the Strata Titles Act 1985;
             (c)   is taken to be reserved under section 41 of the Land
                   Administration Act 1997 for the purpose set out in the
                   condition; and
20          (d)    may be dealt with in accordance with that Act.
     (4)   The Registrar of Titles is to do all things necessary to give
           effect to this section.
     (5)   Land vested under this section is to be vested subject to --
            (a) any easement on that land created for the purposes of the
25                subdivision, shown on the diagram or plan of survey and
                  referred to in section 167;
            (b) any easement on that land created under Part IVA of the
                  Transfer of Land Act 1893 for the purposes of the
                  subdivision and shown on the diagram or plan of survey;
30          (c) any existing encumbrance specified in a direction of the
                  Minister responsible for the administration of the Land
                  Administration Act 1997, or a person authorised in


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                        writing by that Minister for the purposes of this section,
                        lodged with the Registrar of Titles on or before the
                        vesting; and
                 (d)    any encumbrance prescribed, or of a class prescribed, by
5                       the regulations.

     153.       When owner may pay money in lieu of land being set aside
                for open space
        (1)     If the Commission has approved a plan of subdivision of land
                on condition that a portion of the land be set aside and vested in
10              the Crown for parks, recreation grounds or open spaces
                generally and --
                  (a) the Commission, after consulation with the local
                        government in whose district the portion is situated, so
                        requires; or
15                (b) the Commission, the local government in whose district
                        the portion is situated and the owner of the land so
                        agree,
                the owner of that land is to, in lieu of setting aside the portion,
                pay to that local government a sum that represents the value of
20              the portion.
        (2)     The Commission is not to impose a requirement referred to in
                subsection (1)(a) in respect of a plan of subdivision that creates
                less than 3 lots.

     154.       How money received in lieu of open space is to be dealt with
25      (1)     All money received by a local government under section 153 is
                to be paid into a separate account of the trust fund of the local
                government established under section 6.9 of the Local
                Government Act 1995.




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     (2)   The money is to be applied --
            (a) for the purchase of land by the local government for
                 parks, recreation grounds or open spaces generally, in
                 the locality in which the land included in the plan of
5                subdivision referred to in section 153 is situated;
            (b) in repaying any loans raised by the local government for
                 the purchase of any such land;
            (c) with the approval of the Minister, for the improvement
                 or development as parks, recreation grounds or open
10               spaces generally of any land in that locality vested in or
                 administered by the local government for any of those
                 purposes; or
            (d) with the approval of the Commission, in reimbursing an
                 owner (the "first owner") of land included in a joint
15               subdivision agreement for land that has been set aside
                 and vested for parks, recreation grounds or open space
                 where --
                    (i) the first owner set aside a greater proportion of
                         land than another owner (the "second owner");
20                       and
                   (ii) as a consequence, the local government and the
                         Commission approved of the second owner
                         paying to the local government a sum in lieu of
                         land being set aside for that purpose and that
25                       sum, or the relevant proportion of that sum,
                         being reimbursed to the first owner for the excess
                         proportion of land set aside by the first owner.
     (3)   If interest is earned from the investment of moneys held under
           subsection (1), that money is to be applied for a purpose set out
30         in subsection (2).




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     155.       How value of portion is determined
        (1)     In this section --
                "licensed valuer" means --
                     (a) a licensed valuer within the meaning of the Land
5                          Valuers Licensing Act 1978; or
                     (b) the Valuer-General,
                     but nothing in subsection (3)(a) or in this definition is to be
                     construed as obliging the Valuer-General to undertake a
                     valuation for the purposes of this section;
10              "market value of land" means the capital sum which an
                     unencumbered estate in fee simple in the land might
                     reasonably be expected to realise if offered for sale on such
                     reasonable terms and conditions as a bona fide seller would
                     require.
15      (2)     For the purposes of section 153, the value of the portion is to be
                such percentage of the market value of the land of which the
                portion forms part as the area of the portion bears to the area of
                that land.
        (3)     For the purposes of subsection (2), the market value of land --
20               (a) is to be determined, at the cost of the owner of the land,
                        by a licensed valuer agreed upon by the parties or,
                        failing agreement, appointed by the local government;
                        and
                 (b) is to be so determined --
25                         (i) as at the date on which the valuation is made;
                          (ii) on the basis that there are no buildings, fences or
                                other improvements of a like nature on the land;
                         (iii) on the assumption that any rezoning necessary
                                for the purpose of the subdivision has come into
30                              force; and
                         (iv) taking into account the added value of all other
                                improvements on or appurtenant to the land.


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       (4)   The licensed valuer is to give the valuation to the owner of the
             land and the local government.
       (5)   If within 90 days, or such longer time as is agreed in writing by
             the local government, of the date on which the valuation is
5            made the owner of the land has not --
               (a) paid the amount of the valuation; or
               (b) disputed the valuation under section 156,
             the local government may, by written notice to the owner of the
             land, determine that the valuation is no longer current and that a
10           fresh valuation is required.

     156.    Dispute as to valuation
       (1)   If either the owner of the land or the local government disputes
             a valuation made under section 155, the valuation may be varied
             by agreement between the parties or the dispute may be settled
15           by such method as they may agree upon.
       (2)   If after 28 days from the date when both parties have received
             the valuation the dispute has not been settled or an agreement
             made as to the method of settlement, either the owner of the
             land or the local government may refer the dispute for
20           determination by an arbitrator under the Commercial
             Arbitration Act 1985.

     157.    When approval of subdivision is deemed to be approval
             under planning scheme
       (1)   Subject to subsection (2), when the Commission has approved a
25           plan of subdivision of any land to which a planning scheme
             relates, that approval is taken to be approval by the responsible
             authority under the planning scheme of the carrying out of
             works necessary to enable the subdivision of the land that are --
               (a) shown on the plan of subdivision; or
30             (b) required by the Commission to be carried out as a
                      condition of approval of the plan of subdivision.


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        (2)     When approving a plan of subdivision the Commission may
                determine that the approval is not to be taken under
                subsection (1) to be approval by the responsible authority under
                the planning scheme of the carrying out of works specified in
5               the determination, and the determination has effect accordingly.

                          Division 4 -- Subdivision costs
     158.       Expenses of road or waterway construction and road
                drainage
        (1)     Where a person who is subdividing land is required under this
10              Part to construct and drain roads or construct artificial
                waterways shown on the plan of subdivision that person may --
                  (a) carry out or cause to be carried out the construction and
                        drainage at his or her own expense; or
                 (b) arrange for the local government to carry out the work
15                      on behalf, and at the cost and expense, of that person.
        (2)     Where the person does not make the arrangement with the local
                government, that person is to pay to the local government, on
                demand, an amount (calculated under subsection (3)) to cover
                the reasonable costs of the local government in supervising the
20              construction and drainage.
        (3)     For the purposes of subsection (2) the amount is to be calculated
                as follows --
                  (a) where the person has not engaged a consulting engineer
                        and clerk of works to design and supervise the
25                      construction and drainage, the amount is to be 3% of the
                        cost of the construction and drainage as estimated by the
                        local government;
                  (b) where the person has engaged a consulting engineer and
                        clerk of works to design and supervise the construction
30                      and drainage, the amount is to be 1½% of the cost of the
                        construction and drainage as estimated by the local
                        government.


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       (4)   The local government may require the person to employ a
             consulting engineer and clerk of works to design and supervise
             the construction and drainage and that person, when required to
             do so by the local government, is to carry out the requirement.

5    159.    Subdivider may recover portion of road costs from
             subsequent subdivider
       (1)   Where --
              (a) a person (in this section called the "later subdivider")
                   has subdivided land in which --
10                   (i) a lot or lots has or have a common boundary
                           with; or
                    (ii) a road joins,
                   an existing road to which there is access from the
                   subdivided land;
15            (b) a person (in this section called the "original
                   subdivider") who previously subdivided land that also
                   has a common boundary with that existing road, in
                   connection with that subdivision, contributed to or bore
                   solely the cost of providing or upgrading the existing
20                 road; and
              (c) the later subdivider did not contribute to that cost,
             the original subdivider may, in accordance with this Division,
             recover from the later subdivider a sum representing one-half of
             so much of the reasonable cost as was borne by the original
25           subdivider of providing or upgrading the part of the existing
             road which has a common boundary with the lot or lots, or is
             joined by a subdivisional road, as referred to in paragraph (a).
       (2)   In this section --
             "CPI" means the Table described as the Consumer Price Index
30                (All Groups Index) for Perth published by the
                  Commonwealth Statistician under the Census and Statistics
                  Act 1905 of the Commonwealth, or if the same is not
                  published, such other similar index as the Minister may
                  reasonably determine;

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                "market value of land" means the capital sum, determined in
                    accordance with section 155(3)(b)(ii), (iii) and (iv), which
                    an unencumbered estate in fee simple in the land might
                    reasonably be expected to realise if offered for sale on such
5                   reasonable terms and conditions as a bona fide seller would
                    require;
                "road" has the meaning given by section 4(1) and includes a
                    private road created under Part IVA of the Transfer of Land
                    Act 1893 or within the meaning of the Land Administration
10                  Act 1997 section 3(1).
        (3)     In this section a reference to the "cost of providing a road" is a
                reference to the aggregate of --
                  (a) the value, as at the date of the subdivision referred to in
                         subsection (1)(b), of the portion of the land provided as
15                       a road, being such percentage of the market value of the
                         total area of land comprised in that subdivision as the
                         area of the road bears to that total area as at the date of
                         that subdivision; and
                  (b) the reasonable cost of designing and carrying out the
20                       following works --
                            (i) the survey of the land provided as a road;
                           (ii) the formation, preparation, priming and sealing
                                 of the road; and
                          (iii) the provision of kerbing, drainage and service
25                               ducts in connection with the road,
                escalated by the percentage by which the CPI last published
                prior to the date of the subsequent subdivision has increased
                over the CPI last published prior to the original subdivider
                subdividing the land referred to in subsection (1)(b).




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                                          Development controls    Division 5
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     160.    How subdivision costs recovered
             An amount payable under section 159 may be recovered by the
             original subdivider in a court of competent jurisdiction as a debt
             due to the original subdivider by the later subdivider; but no
5            proceedings for recovery of the debt are to be commenced after
             the expiration of 6 years from the date of the later subdivision.

     161.    When land is subdivided
             For the purposes of this Division land is subdivided on the date
             on which the approval of the Commission is endorsed on the
10           diagram or plan of survey relating to the subdivision of the land.

                    Division 5 -- Development controls
     162.    Development requires approval
       (1)   Subject to this Act, where a planning scheme or interim
             development order provides that development referred to in the
15           planning scheme or interim development order is not to be
             commenced or carried out without approval being obtained
             upon the making of a development application, a person must
             not commence or carry out that development on land to which
             the planning scheme or interim development order applies
20           unless --
               (a) the approval has been obtained and is in force under the
                     planning scheme or interim development order; and
               (b) the development is carried out in accordance with the
                     conditions subject to which the approval was granted.
25     (2)   Nothing in this section limits or otherwise affects a right or
             entitlement under any other written law.




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     Division 5     Development controls
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     163.       Heritage places
                Where any land comprised within a place entered in the
                Register maintained by the Heritage Council under the Heritage
                of Western Australia Act 1990, or of which such a place forms
5               part, is to be the subject of development, an application for
                approval of the development is to be made --
                  (a) in the case of an application under a local planning
                         scheme or local interim development order, to the
                         responsible authority; and
10                (b) in any other case, to the Commission.

     164.       Development may be approved after commencement
        (1)     A responsible authority may grant its approval under a planning
                scheme or interim development order for development already
                commenced or carried out.
15      (2)     The Commission may grant its approval under section 116 for
                development already commenced or carried out in a planning
                control area.
        (3)     Subsections (1) and (2) do not affect the operation of the
                provisions of Part 13 in respect of development commenced or
20              carried out before approval has been granted.
        (4)     Development which was unlawfully commenced or carried out
                is not rendered lawful by the occurrence of any subsequent
                event except the approval by the relevant responsible authority
                of that development.
25      (5)     The continuation of development unlawfully commenced is
                taken to be lawful upon the grant of approval for the
                development.




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                                                  Miscellaneous   Division 6
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                         Division 6 -- Miscellaneous
     165.    Record of conditions on title
       (1)   This section applies when the Commission considers it desirable
             that owners or prospective owners of land comprised in --
5              (a) a plan of subdivision or proposed plan of subdivision; or
               (b) a strata/survey-strata plan or proposed
                     strata/survey-strata plan under the Strata Titles
                     Act 1985,
             be made aware of hazards or other factors seriously affecting
10           the use or enjoyment of that land and determines that the title
             and land register in respect of that land should be noted
             accordingly.
       (2)   When this section applies, the Commission may cause a
             notification of the hazard or other factor affecting the use or
15           enjoyment of the land to be prepared in a form acceptable to the
             Registrar of Titles and deposited at the TLA Department.
       (3)   Where a notification is deposited under subsection (2), the
             Registrar of Titles is to endorse or note the title and land register
             in respect of the land with that notification.
20     (4)   The Commission may, at any time after the notification has
             been deposited under subsection (2), lodge a withdrawal of that
             notification at the TLA Department.
       (5)   A withdrawal of a notification under subsection (4) is to be in a
             form acceptable to the Registrar of Titles.

25   166.    Encroachments
             If, after the erection of a building on land the property of one
             owner --
                (a) it is found that the building encroaches upon land the
                      property of another owner to the extent of not more than
30                    one metre;


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                 (b)   the encroaching owner desires to purchase the land upon
                       which the encroachment stands;
                 (c)   an application for approval of the necessary subdivision
                       is made by the owner of the land encroached upon; and
5                (d)   the Commission is satisfied that there has not been
                       collusion and that everything has been done in good
                       faith without intention to evade the law,
                the Commission is to approve of the necessary subdivision.

     167.       Easements
10      (1)     Where --
                 (a) a diagram or plan of survey of a subdivision or a plan
                      lodged for registration under the Strata Titles Act 1985
                      is received at the TLA Department; and
                 (b) it is shown on the plan or diagram that any land
15                    comprised in the diagram or plan is subject to or
                      intended to be subject to an easement in favour of --
                         (i) the local government in whose district the land is
                              situated, for the purposes of sewerage or
                              drainage or access to sewerage or drainage
20                            works;
                        (ii) a licensee within the meaning of the Water
                              Services Licensing Act 1995, for the purpose of
                              water supply, sewerage, irrigation or drainage
                              works or access to water supply, sewerage,
25                            irrigation or drainage works;
                       (iii) the holder of a licence under the Electricity
                              Industry Act 2004 for the purpose of the supply
                              of electricity or access to electricity supply
                              works;
30                     (iv) the holder of a distribution licence under the
                              Energy Coordination Act 1994 for the purpose of
                              the supply of gas, or access to gas supply works,
                              under the authority of that licence; or

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                                                Miscellaneous   Division 6
                                                                     s. 167



                    (v)   any holder of a licence under a written law for
                          the purpose of the supply of a utility service or
                          access to a utility service, under the authority of
                          that licence,
5          the land becomes subject to an easement in favour of the person
           or authority mentioned on the plan or diagram for the purpose
           mentioned on the diagram or plan --
             (c) in the case of a plan lodged for registration under the
                   Strata Titles Act 1985, at the time the Registrar of Titles
10                 registers the plan under that Act; and
             (d) in any other case, at the time the new certificate, or if
                   more than one, all the new certificates, for the land the
                   subject of the diagram or plan have been registered
                   under the Transfer of Land Act 1893.
15   (2)   An easement in favour of a person or authority for any purpose,
           to which any land is subject by virtue of this section, gives that
           person or authority such rights, powers and privileges as are
           prescribed in respect of an easement in favour of that person or
           authority for that purpose.
20   (3)   If, by virtue of this section, any land is subject to an easement,
           the Registrar of Titles is to make all such entries or
           endorsements, or register any such memorial, as may be
           necessary or proper to evidence that the land is so subject, and,
           for the purpose of making any such entry or endorsement or
25         registering any such memorial, it is sufficient description of the
           easement if reference is made to this section.
     (4)   Where, by virtue of this section, any land is subject to an
           easement in favour of a person or authority for any purpose, the
           Registrar of Titles may, by order made --
30           (a) upon application in writing by the person or authority;
                  and
             (b) with the consent in writing of all persons having a
                  registered interest in the land,


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                vary or extinguish the easement and upon such variation or
                extinction, the Registrar of Titles is to make all such entries or
                endorsements, or register any such memorial, as may be
                necessary or proper to evidence the variation or extinction.
5       (5)     The purpose of an easement in favour of a person or authority is
                to be taken to be varied if --
                  (a) the prescribed circumstances set out in the regulations
                        occur; and
                  (b) the person or authority gives written consent to that
10                      variation,
                and the Registrar of Titles is to make all such entries or
                endorsements, or register any such memorial, as may be
                necessary or proper to evidence the variation.

     168.       Roads
15      (1)     All land on a diagram or plan of survey of a subdivision or a
                plan lodged for registration under the Strata Titles Act 1985
                deposited in the TLA Department that is shown as a new road is
                dedicated as a road.
        (2)     The local government within the district in which the dedicated
20              road is situated has the care, control and management of the
                road.
        (3)     All land on a diagram or plan of survey of a subdivision or a
                plan lodged for registration under the Strata Titles Act 1985
                deposited at the TLA Department that is shown as a road
25              widening or is for the purpose of extending or adding to a road
                forms part of the road and is dedicated to the public use.
        (4)     Subsections (1) and (3) operate --
                 (a) in the case of a plan lodged for registration under the
                       Strata Titles Act 1985, at the time the Registrar of Titles
30                     registers the plan under that Act; and




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                                                Miscellaneous   Division 6
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            (b)    in any other case, at the time the new certificate, or if
                   more than one, all the new certificates, for the land the
                   subject of the diagram or plan have been registered
                   under the Transfer of Land Act 1893.
5    (5)   When a portion of land is transferred to the Crown or a local
           government for the purpose of extending or adding to a road,
           the transferred portion is taken --
             (a) to be dedicated to the public use; and
             (b) to form part of the road,
10         as and from the date of registration of the transfer in the TLA
           Department.
     (6)   When a road corner shown on a plan deposited in the TLA
           Department or in the LAA Department is subsequently rounded
           off or truncated, the portion of land so excised forms part of the
15         road and is dedicated to the public use.
     (7)   The local government within the district in which the land
           referred to in subsection (6) is situated has the care, control and
           management of the land.
     (8)   Subsection (6) operates --
20          (a) in the case of a plan lodged for registration under the
                  Strata Titles Act 1985, at the time the Registrar of Titles
                  registers the plan under that Act;
            (b) in the case of a plan lodged with an application for a
                  new certificate or certificates, at the time the new
25                certificate, or if more than one, all the new certificates,
                  for the land the subject of the plan have been registered;
            (c) in the case of a plan lodged with an application for
                  registration of a document giving effect to the rounding
                  off or truncation, at the time of the registration of that
30                document.
     (9)   Land referred to in subsection (1), (3) or (6) does not form part
           of a parcel comprised in a plan that is registered under the
           Strata Titles Act 1985.

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     169.       Commission may fix minimum standards of construction
        (1)     The Commission may by notice published in the Gazette fix
                minimum standards of construction with respect to roads and
                artificial waterways to be constructed on a proposed
5               subdivision.
        (2)     A notice published under subsection (1) may set out particulars
                relating to the width, kerbing, thickness, surfacing and
                foundations of roads, and the materials to be used in the
                construction of roads and artificial waterways.
10      (3)     A notice published under subsection (1) is subsidiary legislation
                for the purposes of sections 43 and 44 of the Interpretation
                Act 1984.
        (4)     A person who without the approval of the Commission
                constructs a road or artificial waterway on a subdivision that
15              does not comply with the standards set out in a notice published
                under subsection (1) commits an offence.

     170.       Local government to be provided with specifications for
                roads and waterways
        (1)     Before a person who is subdividing land commences to
20              construct and drain roads or construct artificial waterways
                shown in the diagram or plan of survey, that person is to give to
                the local government --
                  (a) drawings showing longitudinal and cross sections of the
                        proposed road or artificial waterway;
25                (b) specifications of the proposed road or artificial
                        waterway; and
                  (c) such other information including information relating to
                        levels, drainage, nature of soil, and physical features as
                        the local government requires.
30      (2)     A person who does not comply with subsection (1) commits an
                offence.


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     (3)   The local government may by written notice require the person
           subdividing the land --
             (a) to amend the drawings or specifications or both; and
             (b) to comply with such further conditions as the local
5                 government thinks fit to impose in respect of the
                  proposed road or waterway,
           for the purpose of ensuring that the construction and drainage of
           the road or construction of the artificial waterway is consistent
           with the approval of the Commission.
10   (4)   Without limiting the powers conferred on a local government by
           subsection (3), where --
             (a) a person delivers drawings and specifications of a
                  proposed road or artificial waterway to a local
                  government under subsection (1); and
15           (b) the proposed road or artificial waterway, if constructed
                  in accordance with those plans and specifications, would
                  not satisfy the minimum standards fixed under
                  section 169 applicable to the proposed road or artificial
                  waterway,
20         the local government is to by written notice require the person
           to so amend the drawing or specifications, or both, as to cause
           the proposed road or artificial waterway to satisfy those
           minimum standards.
     (5)   A person who is aggrieved by a requirement of the local
25         government made under subsection (3) may appeal to the
           Tribunal, in accordance with Part 14, against the responsible
           authority's decision.
     (6)   A person who does not comply with a requirement of a local
           government made by written notice given to that person under
30         subsection (3) commits an offence.




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     Planning and Development Bill 2004
     Part 11        Compensation and acquisition
     Division 1     General matters in relation to compensation
     s. 171



                Part 11 -- Compensation and acquisition
        Division 1 -- General matters in relation to compensation
     171.       Only one entitlement to compensation
        (1)     If compensation has been paid under a provision of this Part in
5               relation to a matter or thing no further compensation is payable
                under any other provision of this Act as a result of the same
                matter or thing.
        (2)     When a person is entitled to compensation under this Act in
                respect of any matter or thing, and is also entitled to
10              compensation in respect of the same matter or thing under any
                other written law, that person is not entitled to compensation in
                respect of that matter or thing both under this Act and that other
                written law, and is not entitled to any greater compensation
                under this Act than that person would be under the other written
15              law.

     Division 2 -- Compensation where land injuriously affected by
                         planning scheme
     172.       Meaning of terms used in this Division
                In this Division --
20              "Board" means the Board of Valuers established under
                     section 182;
                "non-conforming use" means a use of land which, though
                     lawful immediately before the coming into operation of a
                     planning scheme or amendment to a planning scheme, is
25                   not in conformity with a provision of that scheme which
                     deals with a matter specified in Schedule 7 clause 6 or 7;
                "public purpose" means a purpose which serves or is intended
                     to serve the interests of the public or a section of the public
                     and includes a public work.



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                                                                          s. 173


     173.       Entitlement to compensation where land injuriously affected
                by planning scheme
       (1)      Subject to this Part any person whose land is injuriously
                affected by the making or amendment of a planning scheme is
5               entitled to obtain compensation in respect of the injurious
                affection from the responsible authority.
       (2)      Despite subsection (1) a person is not entitled to obtain
                compensation under this section on account of any building
                erected, or any contract made, or other thing done with respect
10              to land included in a planning scheme after the date of the
                approval of a planning scheme or amendment, or after such
                other date as the Minister may fix for the purpose, being not
                earlier than the date of the approval of the scheme or
                amendment.
15     (3)      A responsible authority may make agreements with owners for
                the development of their land during the time that the planning
                scheme or amendment is being prepared.

     174.       When land is injuriously affected
       (1)      Subject to subsection (2), land is injuriously affected by reason
20              of the making or amendment of a planning scheme if, and only
                if --
                   (a) that land is reserved (whether before or after the coming
                        into operation of this section) under the planning scheme
                        for a public purpose;
25                 (b) the scheme permits development on that land for no
                        purpose other than a public purpose; or
                   (c) the scheme prohibits wholly or partially --
                           (i) the continuance of any non-conforming use of
                                that land; or
30                        (ii) the erection, alteration or extension on the land
                                of any building in connection with or in
                                furtherance of, any non-conforming use of the
                                land, which, but for that prohibition, would not

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     Division 2     Compensation where land injuriously affected by planning
                    scheme
     s. 174


                               have been an unlawful erection, alteration or
                               extension under the laws of the State or the local
                               laws of the local government within whose
                               district the land is situated.
5       (2)     Despite subsection (1)(c)(ii), a planning scheme which
                prescribes any requirement to be complied with in respect of a
                class or kind of building is not taken to have the effect of so
                prohibiting the erection, alteration or extension of a building of
                that class or kind in connection with, or in furtherance of that
10              class or kind in connection with, or in furtherance of,
                non-conforming use.
        (3)     Where a planning scheme wholly or partially prohibits the
                continuance of any non-conforming use of any land or the
                erection, alteration or extension of any building in connection
15              with or in furtherance of a non-conforming use of any land, no
                compensation for injurious affection is payable in respect of any
                part of the land which immediately prior to the coming into
                operation of the scheme or amendment does not comprise --
                  (a) the lot or lots on which the non-conforming use is in fact
20                       being carried on;
                  (b) if the prohibition relates to a building or buildings
                         standing on one lot, the lot on which the building stands
                         or the buildings stand; or
                  (c) if the prohibition relates to a building or buildings
25                       standing on more than one lot, the land on which the
                         building stands or the buildings stand and such land,
                         which is adjacent to the building or buildings, and not
                         being used for any other purpose authorised by the
                         scheme, as is reasonably required for the purpose for
30                       which the building or buildings is or are being used.
        (4)     If any question arises under subsection (3) as to whether at any
                particular date, any land --
                  (a) does or does not comprise the lot or lots on which a
                        non-conforming use is being carried on;


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            Compensation where land injuriously affected by planning Division 2
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                                                                          s. 175


                  (b)   is or is not being used for any purpose authorised by a
                        scheme; or
                  (c)   is or is not reasonably required for the purpose for which
                        any building is being used,
5               the claimant or responsible authority may apply to the Tribunal
                for determination of that question.

     175.       No entitlement to compensation where provisions are, or
                could have been, in certain other laws
                When land is alleged to be injuriously affected by reason of the
10              making or amendment of a planning scheme, no compensation
                is payable in respect of the injurious affection if or so far as the
                relevant provisions of the planning scheme are --
                   (a) also contained in any Act, or in any order having the
                        force of an Act of Parliament, in operation in the area; or
15                (b) such as would have been enforceable without
                        compensation if they had been contained in local laws.

     176.       How questions determined
       (1)      A claimant or responsible authority may apply to the Tribunal
                for determination of any question as to whether land is
20              injuriously affected.
       (2)      Any question as to the amount and manner of payment (whether
                by instalments or otherwise) of the sum which is to be paid as
                compensation under this Division is to be determined by
                arbitration under and in accordance with the Commercial
25              Arbitration Act 1985, unless the parties agree on some other
                method of determination.




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                    scheme
     s. 177


     177.       When compensation is payable if land reserved for public
                purpose
        (1)     Subject to subsection (3), when under a planning scheme any
                land has been reserved for a public purpose, no compensation is
5               payable by the responsible authority for injurious affection to
                that land alleged to be due to or arising out of such reservation
                until --
                  (a) the land is first sold following the date of the
                        reservation; or
10                (b) the responsible authority --
                           (i) refuses an application made under the planning
                                scheme for approval of development on the land;
                                or
                          (ii) grants approval of development on the land
15                              subject to conditions that are unacceptable to the
                                applicant.
        (2)     Compensation for injurious affection to any land is payable only
                once under subsection (1) and is so payable --
                  (a) under subsection (1)(a) to the person who was the owner
20                     of the land at the date of reservation referred to in
                       subsection (1)(a); or
                 (b) under subsection (1)(b) to the person who was the owner
                       of the land at the date of application referred to in
                       subsection (1)(b),
25              unless after the payment of that compensation further injurious
                affection to the land results from --
                  (c) an alteration of the existing reservation of the land; or
                  (d) the imposition of another reservation of the land.




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       (3)      Before compensation is payable under subsection (1) --
                 (a) when the land is sold, the person lawfully appointed
                       under section 176 to determine the amount of the
                       compensation is to be satisfied that --
5                         (i) the owner of the land has sold the land at a lesser
                              price than the owner might reasonably have
                              expected to receive had there been no reservation
                              of the land under the planning scheme;
                         (ii) the owner before selling the land gave written
10                            notice to the responsible authority of the owner's
                              intention to sell the land; and
                        (iii) the owner sold the land in good faith and took
                              reasonable steps to obtain a fair and reasonable
                              price for the land;
15                     or
                 (b) when the responsible authority refuses an application
                       made under the planning scheme for approval of
                       development on the land or grants approval of
                       development on the land subject to conditions that are
20                     unacceptable to the applicant, the person lawfully
                       appointed under section 176 to determine the amount of
                       the compensation is to be satisfied that the application
                       was made in good faith.

     178.       When claim for compensation may be made
25     (1)      A claim for compensation for injurious affection to land by the
                making or amendment of a planning scheme is to be made --
                 (a) in the case of a claim in respect of injurious affection
                       referred to in section 174(1)(a) or 174(1)(b), at any time
                       within 6 months after --
30                        (i) the land is sold;
                         (ii) the application for approval of development on
                               the land is refused; or



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                        (iii)   the approval is granted subject to conditions that
                                are unacceptable to the applicant;
                       or
                 (b)   in the case of a claim in respect of injurious affection
5                      referred to in section 174(1)(c), within the time, if any,
                       limited by the planning scheme.
        (2)     The time limited by a planning scheme under subsection (1)(b)
                is to be not less than 6 months after the date when notice of the
                approval of the scheme is published in the manner prescribed by
10              the regulations.

     179.       Amount of compensation for injurious affection arising out
                of reservation for public purposes
        (1)     Subject to this Division, the compensation payable for injurious
                affection due to or arising out of the land being reserved under a
15              planning scheme, where no part of the land is purchased or
                acquired by the responsible authority, is not to exceed the
                difference between --
                  (a) the value of the land as so affected by the existence of
                        such reservation; and
20                (b) the value of the land as not so affected.
        (2)     The values referred to in subsection (1)(a) and (b) are to be
                assessed as at the date on which --
                  (a) the land is sold as referred to in section 178(1)(a);
                  (b) the application for approval of development on the land
25                     is refused; or
                  (c) the approval is granted subject to conditions that are
                       unacceptable to the applicant.




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                                                                          s. 180


     180.       Notification may be lodged if compensation paid
       (1)      When compensation for injurious affection to any land has been
                paid under section 177, the responsible authority may lodge
                with the Registrar of Titles or the Registrar of Deeds and
5               Transfers, as the case requires, a notification in a form
                acceptable to the Registrar of Titles or the Registrar of Deeds
                and Transfers, as the case requires, specifying --
                  (a) the date of payment of compensation;
                  (b) the amount of compensation so paid; and
10                (c) the proportion (expressed as a percentage), which the
                        compensation bears to the unaffected value of the land
                        as assessed under section 179(2).
       (2)      On receipt of the notification from the responsible authority, the
                Registrar of Titles or the Registrar of Deeds and Transfers, as
15              the case requires, is to register the notification.

     181.       Responsible authority may recover compensation if
                reservation revoked or reduced
       (1)      Where --
                 (a) compensation for injurious affection to land (the
20                    "original compensation") has been paid to an owner of
                      land in the circumstances set out in section 177; and
                 (b) as a result of the planning scheme being amended or
                      revoked the reservation of the land for a public purpose
                      is revoked or the area of the land the subject of the
25                    reservation is reduced,
                the responsible authority is entitled to recover from the owner of
                the land at the date of the revocation or reduction of the
                reservation an amount (the "refund") which is determined by
                calculating the relevant proportion (as determined under
30              subsections (4) to (7)) of the value of the land as at the date on
                which the refund becomes payable under subsection (2).



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        (2)     The refund is not payable by the owner of the land until the land
                is first sold or subdivided following the date of the revocation or
                reduction referred to in subsection (1)(b) unless otherwise
                agreed by the owner and the responsible authority.
5       (3)     If the land is owned by 2 or more people they are jointly and
                severally liable to pay the refund.
        (4)     When the reservation has been revoked the relevant proportion
                for the purposes of subsection (1) is the same as the proportion
                referred to in section 180(1)(c) in relation to the original
10              compensation.
        (5)     Where the area of the reservation has been reduced the relevant
                proportion for the purposes of subsection (1) is to be determined
                as follows --
                  (a) a notional amount of compensation is determined under
15                      sections 177 and 179 as if --
                           (i) the reservation had never occurred;
                          (ii) a reservation of the reduced area had occurred
                                when the reduction occurred; and
                         (iii) the land were being sold;
20                (b) the proportion (expressed as a percentage) which that
                        notional amount of compensation bears to the current
                        value of the land (unaffected by the existence of the
                        reservation) is calculated; and
                  (c) the relevant proportion is then determined by deducting
25                      the proportion calculated under paragraph (b) from the
                        proportion referred to in section 180(1)(c) in relation to
                        the original compensation.
                          Example:    Original compensation
                                      proportion                        25%
                                         Less
                                      Notional compensation
                                      proportion                        15%
                                      Relevant proportion =             10%


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     (6)   Despite subsection (4), where the reservation is revoked after an
           amount has been recovered under subsection (2) in respect of a
           previous reduction of the reservation, the relevant proportion is
           the same as the notional compensation proportion calculated
5          under subsection (5)(a) and (b) in respect of the previous
           reduction.
     (7)   Despite subsection (5), where the reservation is reduced after an
           amount has been recovered under subsection (2) in respect of a
           previous reduction of the reservation, the relevant proportion is
10         to be determined as follows --
             (a) a notional compensation proportion is calculated under
                   subsection (5)(a) and (b) in respect of the subsequent
                   reduction; and
             (b) the relevant proportion is then determined by deducting
15                 the proportion referred to in paragraph (a) from the
                   notional compensation proportion calculated under
                   subsection (5)(a) and (b) in respect of the previous
                   reduction.
                     Example:     Notional compensation
                                  proportion calculated
                                  under subsection (5)(a)
                                  and (b) on previous
                                  reduction                         15%
                                               Less
                                  Notional compensation
                                  proportion calculated
                                  under subsection (5)(a)
                                  and (b) on
                                  subsequent reduction              8%
                                  Relevant proportion
                                  on subsequent
                                  reduction =                       7%
     (8)   For the purposes of subsections (1) and (5)(b) the value of the
20         land is to be determined by one of the methods set out in
           section 188(2)(a), (b) or (c), but that value is to be determined


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                without regard to any increase in value attributable to factors
                unrelated to the reservation or to its revocation or reduction.
        (9)     When the responsible authority has an entitlement to recover an
                amount under subsection (1) it has an interest in the land and
5               may lodge with the Registrar a notification in a form acceptable
                to the Registrar of the existence of that interest, and may
                withdraw, in a form acceptable to the Registrar, any notification
                so lodged.
       (10)     On receipt of the notification or a withdrawal of notification
10              from the responsible authority, the Registrar is to register the
                notification or withdrawal of notification.
       (11)     Before selling or subdividing land in respect of which a
                notification is lodged under subsection (9), the owner of the
                land is to give written notice to the responsible authority, in
15              accordance with the regulations, of the owner's intention to sell
                or subdivide the land.
       (12)     Where a notification is lodged under subsection (9) the
                Registrar of Titles is not to register a transfer of the land without
                the consent of the responsible authority.
20     (13)     Where a notification as to the land is lodged under
                subsection (9) with the Registrar of Deeds and Transfers
                without the consent of the responsible authority, registration of
                the document the subject of the notification is null and void.
       (14)     Subject to subsection (15), in the case of land reserved under a
25              region planning scheme, subsection (1) has effect whether the
                reservation of the land occurred before the commencement of
                this section or occurs after that commencement.
       (15)     In the case of land reserved under the Metropolitan Region
                Scheme, where the reservation occurred before the
30              commencement of this Act, subsection (1) does not have effect
                if --
                   (a) the revocation or reduction of the reservation occurred
                        before 1 July 1998; or

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                  (b)   the sale or subdivision referred to in subsection (2)
                        occurred before 1 March 1995,
                but otherwise has effect whether the revocation or reduction
                occurred before the commencement of this section or occurs
5               after that commencement.
      (16)      In any other case subsection (1) has effect if the revocation or
                reduction occurs after the commencement of this section.
      (17)      In this section --
                "register" means to register under the Registration of Deeds
10                   Act 1856 or Transfer of Land Act 1893, as the case
                     requires;
                "Registrar" means the Registrar of Titles or the Registrar of
                     Deeds and Transfers, as the case requires.

     182.       Board of Valuers
15     (1)      A Board of Valuers is established.
       (2)      The Board consists of the following members appointed by the
                Governor --
                 (a) a chairperson nominated by the Commission; and
                 (b) 3 other members nominated by the body known as The
20                    Real Estate Institute of Western Australia and
                      incorporated under the Associations Incorporation
                      Act 1987.
       (3)      Each of the persons appointed to the Board is to be an Associate
                or a Fellow of the Australian Property Institute, an association
25              incorporated under the laws of South Australia.
       (4)      Judicial notice is to be taken of the signature of the chairperson
                on any finding of the Board.
       (5)      Schedule 9 has effect.




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     183.       Valuations by the Board
        (1)     The owner of land that is subjected to injurious affection due to,
                or arising out of, the land being reserved under a planning
                scheme for a public purpose who gives notice of intention to sell
5               the land and claim compensation is to, unless the responsible
                authority waives the requirement, apply to the Board of Valuers
                in the prescribed manner for a valuation of the land as not so
                affected and the Board is to make the valuation.
        (2)     Subject to subsection (4), a valuation made by the Board under
10              subsection (1) is to be communicated to the applicant and to the
                responsible authority and, for the purposes of this Division, a
                valuation so made is final.
        (3)     Upon receipt of a valuation made by the Board under this
                section, the responsible authority is to advise the owner of the
15              subject land of the minimum price at which the land may be
                sold without affecting the amount of compensation (if any)
                payable to him or her under this Division.
        (4)     Where any land with respect to which a valuation has been
                made under this section is not sold within a period of 6 months
20              from the making of the valuation, the Board may, at the request
                of the owner of the land, if in the circumstances of the case it
                thinks it just to do so, review the valuation and either confirm
                the valuation or vary it.
        (5)     Where the Board reviews a valuation under subsection (4), it is
25              to notify the owner of the land and the responsible authority
                accordingly and upon that notification subsection (3), with such
                modification as circumstances require, applies to the valuation
                as reviewed by the Board.




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                     Division 3 -- Other compensation
     184.    Betterment, and compensation where scheme amended or
             repealed
       (1)   If, by the expenditure of money by the responsible authority in
5            the making and carrying out of a planning scheme, any land or
             property is within 12 months of the completion of the work, or
             of the section of the work affecting the land, as the case may be,
             increased in value, the responsible authority may recover from
             any person whose land or property is so increased in value, one
10           half of the amount of that increase.
       (2)   A claim by a responsible authority for the purposes of
             subsection (1) is to be made within the time, if any, limited by
             the planning scheme, not being less than 3 months after the date
             when notice of the approval of the scheme is first published.
15     (3)   If a planning scheme is amended or repealed by an order of the
             Minister under this Act any person who has incurred
             expenditure for the purpose of complying with the planning
             scheme is entitled to compensation from the responsible
             authority, in so far as any such expenditure is rendered abortive
20           by reason of the amendment or repeal of the planning scheme.
       (4)   A question as to the amount and manner of payment (whether
             by instalments or otherwise) of the sum which --
               (a) the responsible authority is entitled to recover under this
                     section from a person whose land is increased in value;
25                   or
              (b) is to be paid as compensation under this section,
             is to be determined by arbitration in accordance with the
             Commercial Arbitration Act 1985 or by some other method
             agreed by the parties.




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     185.       Compensation in relation to interim development order
        (1)     Compensation for injurious affection to any land within a
                regional order area or a local order area or for loss arising from
                any other cause is payable under this Part as a result of the
5               operation of the relevant interim development order if, and only
                if --
                   (a) the Commission or the local government administering
                        the interim development order --
                           (i) refuses an application made under that interim
10                              development order for approval of development
                                on that land; or
                          (ii) grants such an application subject to conditions,
                        on the ground that the proposed planning scheme for the
                        regional order area or local order area, as the case
15                      requires, is to include that land within a reservation for
                        public purposes; and
                   (b) any determination appealed against by the claimant
                        under section 276 has been affirmed in whole or in part
                        by the Tribunal.
20      (2)     The Commission or local government, as the case requires,
                may, and if the claimant so requests is to, purchase any land
                injuriously affected at a price not exceeding the value of that
                land at the time of --
                  (a) the refusal of approval; or
25                (b) the grant of approval subject to conditions,
                without regard to any increase in value attributable wholly or in
                part to the proposed region planning scheme or proposed local
                planning scheme for the regional order area or local order area
                in which the land is situated.
30      (3)     If the land is not purchased under subsection (2), when
                compensation of the kind referred to in subsection (1) is claimed
                that compensation is to be determined by arbitration in


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             accordance with the Commercial Arbitration Act 1985 or by
             some other method agreed by the parties.

     186.    Compensation in relation to planning control areas
       (1)   Compensation is payable in respect of land injuriously affected
5            by the declaration, or by the amendment of the declaration, of a
             planning control area, and land so affected may be acquired by
             the Commission, in the same circumstances and to the same
             extent as if the land in the planning control area, instead of
             being in the planning control area, had been reserved under a
10           planning scheme for a public purpose.
       (2)   Division 2 applies to compensation payable under this section as
             if any reference in that Division to compensation for injurious
             affection to any land were a reference to compensation under
             this section for injurious affection as a result of the declaration
15           of a planning control area under section 112, or the amendment
             of the declaration under section 113.

             Division 4 -- Purchase or compulsory acquisition
     187.    Election to acquire instead of compensation
       (1)   Where compensation for injurious affection is claimed as a
20           result of the operation of the provisions of section 174(1)(a)
             or 174(1)(b), the responsible authority may at its option elect to
             acquire the land so affected instead of paying compensation.
       (2)   The responsible authority, within 3 months of the claim for
             injurious affection being made, is to by written notice given to
25           the claimant --
               (a) elect to acquire the land; or
               (b) advise that it does not intend to acquire the land.
       (3)   Where the responsible authority elects to acquire the land as
             provided in subsections (1) and (2), if the responsible authority
30           and the owner of the land are unable to agree as to the price to
             be paid for the land by the responsible authority, the price at

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                which the land may be acquired by the responsible authority is
                to be the value of the land as determined in accordance with
                section 188.
        (4)     If --
5                (a)   an owner of land claims compensation and the
                       responsible authority elects to purchase the land instead
                       of paying compensation; and
                 (b)   the price to be paid for the land by the responsible
                       authority has not been determined for the purposes of
10                     subsection (3),
                the owner of the land may withdraw the claim for compensation
                and, upon that withdrawal, the election has no effect.

     188.       How value of land is to be determined
        (1)     The value of the land referred to in section 187(3) is to be --
15               (a) the value of the land on the date the responsible
                       authority elects to acquire the land under that section;
                       and
                 (b) determined without regard to any increase or decrease, if
                       any, in value attributable wholly or in part to the
20                     planning scheme.
        (2)     Subject to subsection (4), the value of the land referred to in
                section 187(3) is to be determined --
                  (a) by arbitration in accordance with the Commercial
                        Arbitration Act 1985;
25                (b) on the application of the owner of the land, made in the
                        prescribed manner --
                          (i) if the value of the land claimed by the owner of
                               the land is not more than the prescribed amount,
                               by a Local Court sitting at a place nearest to
30                             where the land lies; or




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                      (ii)   if the value of the land claimed by the owner of
                             the land is more than the prescribed amount, by
                             the Supreme Court;
                     or
5              (c)   by some other method agreed upon by the responsible
                     authority and the owner of the land.
       (3)   If arbitration has not commenced under subsection (2)(a), an
             application has not been made under subsection (2)(b), and no
             method has been agreed under subsection (2)(c), within
10           12 months of the date on which the responsible authority elected
             to acquire the land, the responsible authority may --
               (a) refer the matter for determination by arbitration in
                      accordance with the Commercial Arbitration Act 1985;
                      or
15             (b) apply to the Tribunal for a determination of that value,
             and the value determined under this subsection is to be the value
             of the land for the purposes of section 187.
       (4)   Where a dispute is referred for determination under
             subsection (3)(a) there is taken to be, for the purposes of the
20           Commercial Arbitration Act 1985, an arbitration agreement to
             refer the dispute, and the parties to the agreement are taken to be
             the owner of the land and the responsible authority.

     189.    Commission may purchase land before scheme has force of
             law
25           The Commission may, if it considers that any land to which a
             proposed region planning scheme or a proposed amendment to a
             region planning scheme is to apply is likely to be comprised in
             the scheme, purchase the land.




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     190.       Responsible authority may purchase land
                The responsible authority may, for the purpose of a planning
                scheme, in the name and on behalf of such responsible
                authority, purchase any land comprised in the planning scheme
5               from any person who may be willing to sell the same.

     191.       Responsible authority may take land comprised in scheme
        (1)     The responsible authority may, for the purpose of a planning
                scheme and with the consent of the Governor, take compulsorily
                under and subject to Part 9 of the Land Administration Act 1997
10              (but subject to subsection (3)), any land comprised in the
                scheme, and whether situate within or without the boundaries of
                the district of the responsible authority.
        (2)     Land acquired under subsection (1) is to be acquired in the
                name and on behalf of the responsible authority.
15      (3)     When any land is taken compulsorily under the powers
                conferred by this section the provisions of --
                  (a) sections 166 to 171 inclusive; and
                  (b) section 180,
                of the Land Administration Act 1997 do not apply to or in
20              respect of the land or the taking or in any manner whatsoever,
                and that Act is to be read and construed as if the provisions were
                deleted.

     192.       Valuation of land or improvements acquired by responsible
                authority
25      (1)     Despite Part 10 of the Land Administration Act 1997, the value
                of any land or improvements on land which is compulsorily
                acquired by a responsible authority under section 191 is, for the
                purpose of assessing the amount of compensation to be paid for
                the land and improvements to be assessed --
30                (a) without regard to any increase or decrease in value
                        attributed wholly or in part to any of the provisions


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                     contained in, or to the operation or effect of, the relevant
                     planning scheme; and
              (b)    having regard to values current at the time of
                     acquisition,
5            but in assessing the amount of compensation regard is to be had
             to any amounts of compensation already paid, or payable, by the
             responsible authority in respect of the land under Division 2.
       (2)   Where compensation has been paid, or is payable, in respect of
             land under Division 2, then, subject to subsection (3), there is to
10           be deducted from the compensation assessed under
             subsection (1) an amount that bears the same ratio to the
             compensation so assessed as the compensation paid or payable
             under that Division bears to the unaffected value of the land, as
             determined under this Part.
15     (3)   In assessing the amount to be deducted from compensation
             under subsection (2), the person lawfully appointed to determine
             the amount of compensation is to have regard to --
               (a) any improvements or demolitions lawfully made to or
                     on the land, subsequently to the determination of the
20                   unaffected value of the land; and
               (b) to the earlier termination of the tenure of the land, where
                     the compensation might otherwise have been affected by
                     an assurance given by the responsible authority, and
                     which the responsible authority is by this paragraph
25                   authorised to give, that the tenure was to be of a greater
                     period.

     193.    Responsible authority has powers of owner of land
             Subject to the relevant planning scheme, a responsible authority
             which takes or acquires land under this Part has all the powers
30           of an owner in respect of the land, and may erect buildings on
             the land or otherwise improve and make use of the land in such
             manner as the responsible authority thinks fit.



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     194.       Responsible authority may grant easements
        (1)     The responsible authority may grant to any person any easement
                in, upon, through, under, or over, any land taken or acquired for
                planning purposes, subject to such conditions and payments of
5               such rents as the responsible authority thinks fit.
        (2)     A grant of an easement under subsection (1) is subject to
                revocation without compensation at any time the responsible
                authority thinks fit, or in the case of a breach of any condition
                under which an easement may have been granted.

10   195.       Commission may acquire land included in improvement
                plan
        (1)     The Commission may while the relevant region planning
                scheme has the force of law, purchase or otherwise acquire any
                land included in an improvement plan in force under
15              section 119 by agreement with the owner of the land.
        (2)     In default of agreement under subsection (1), the Commission
                may acquire the land compulsorily under and subject to Part 9
                of the Land Administration Act 1997, as modified by this
                section.
20      (3)     Subject to this section, the provisions of Parts 9 and 10 of the
                Land Administration Act 1997 apply to the taking of any land
                compulsorily under this section, with such modifications as
                circumstances require and in so applying those provisions any
                reference to the Minister administering that Act is to be read as
25              a reference to the Minister administering this Act.
        (4)     Nothing in this section is to be construed as taking away or in
                any way derogating from or diminishing any power otherwise
                conferred by this or any other Act upon the Commission or any
                other authority, body or person.




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     196.    Commission may dispose of land acquired by it
       (1)   The Commission is to hold for the purposes of the relevant
             region planning scheme any land acquired by it under this Part
             and may, subject to subsections (2) and (3), dispose of or
5            alienate that land --
               (a) for or in furtherance of the provisions or likely
                     provisions of the relevant region planning scheme; or
               (b) if that land is no longer required by the Commission.
       (2)   Subject to subsection (3), except with the consent of the
10           Governor, the Commission is not to dispose of or alienate any
             land compulsorily acquired by it other than for or in furtherance
             of the provisions or likely provisions of the relevant region
             planning scheme.
       (3)   In exercising a power to dispose of or alienate land conferred by
15           this section, the Commission is to have regard to the general
             principle that in such cases land acquired by the Commission
             should, if in the opinion of the Minister it is practicable and
             appropriate to do so, be first offered for sale at a reasonable
             price determined by the Minister to the person from whom that
20           land was so acquired.

     197.    Governor may declare land to be held and used for region
             planning scheme
       (1)   Where any land held, taken, resumed or otherwise acquired
             under any Act, for any public work, is in the opinion of the
25           Governor not required for that work and is required for the
             purposes or likely purposes of a region planning scheme, the
             Governor, despite Part 9 Division 5 of the Land Administration
             Act 1997, may declare by notice published in the Gazette that
             the land is to be held and may be used for the purposes of the
30           region planning scheme.
       (2)   From the date of the publication of the notice the land described
             in the notice, by force of this section, vests in the Commission
             for the purposes of the region planning scheme.

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     Division 4     Purchase or compulsory acquisition
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        (3)     The Commission is to ensure that a memorial is lodged with the
                Registrar in respect of land vested in the Commission under this
                section as soon as is practicable after the land is so vested.
        (4)     The memorial is to be --
5                (a)   accompanied by the notice published under
                       subsection (1) in respect of the relevant land; and
                 (b)   in a form approved by the Registrar.
        (5)     The Registrar is to register the memorial against the relevant
                land and take such steps as are necessary to record the vesting.
10      (6)     In this section --
                "register" means to register under the Registration of Deeds
                     Act 1856 or Transfer of Land Act 1893, as the case
                     requires;
                "Registrar" means the Registrar of Titles or the Registrar of
15                   Deeds and Transfers, as the case requires.




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                                           Planning and Development Bill 2004
                                             Financial provisions    Part 12
                          Metropolitan Region Improvement Fund    Division 1
                                                                       s. 198



                      Part 12 -- Financial provisions
            Division 1 -- Metropolitan Region Improvement Fund
     198.     Metropolitan Region Improvement Fund
       (1)    For the purposes of reviewing, amending, carrying out and
5             giving effect to the Metropolitan Region Scheme, a fund called
              the Metropolitan Region Improvement Fund is established as an
              account forming part of the Trust Fund constituted under
              section 9 of the Financial Administration and Audit Act 1985.
       (2)    The Commission is to control the Fund and the Fund may be
10            operated for the purposes set out in subsection (1) in such
              manner as from time to time the Treasurer approves and is by
              this section authorised to approve.
       (3)    The Commission is to credit to the Fund --
                (a)   moneys appropriated to the Fund under section 201(2);
15              (b)   any purchase moneys or rents or profits or other money
                      received by the Commission from land acquired by it or
                      arising out of the use or occupation of the land by the
                      Commission;
                (c)   moneys borrowed by the Commission for the
20                    performance of any function referred to in section 14 in
                      relation to the metropolitan region; and
                (d)   any other payments made to the Commission in
                      connection with the performance of a function referred
                      to in paragraph (c).

25   199.     Use of Fund
       (1)    The Commission may apply money in the Fund to payment of
              all expenditure incurred by it for the purpose of reviewing,
              amending, carrying out and giving effect to the Metropolitan
              Region Scheme, including --
30              (a) payment of capital expenditure, costs and other expenses
                      incurred by the Commission in and in connection with,

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     Planning and Development Bill 2004
     Part 12        Financial provisions
     Division 2     Metropolitan Region Improvement Tax
     s. 200



                       the acquisition, whether by agreement or compulsorily,
                       of any property in the metropolitan region under this
                       Act; and
                 (b)   all expenses incurred by the Commission in or in
5                      connection with --
                          (i) the Metropolitan Region Scheme, a regional
                               interim development order in respect of land in
                               the metropolitan region or the establishment and
                               maintenance of any works in connection with the
10                             Metropolitan Region Scheme or regional interim
                               development order;
                         (ii) the development, maintenance and management
                               of any land held by the Commission that is
                               reserved under the Metropolitan Region Scheme;
15                             or
                        (iii) the carrying out of any works, including the
                               provision of facilities, incidental to such
                               development, maintenance and management or
                               conducive to the use of such land for any
20                             purpose for which it is reserved.
        (2)     The Commission is also authorised to apply money standing to
                the credit of the Fund to payment of expenditure required for the
                purpose of carrying out the East Perth Redevelopment Act 1991,
                the Subiaco Redevelopment Act 1994, the Midland
25              Redevelopment Act 1999, the Hope Valley-Wattleup
                Redevelopment Act 2000 or the Armadale Redevelopment
                Act 2001.

              Division 2 -- Metropolitan Region Improvement Tax
     200.       Owners' liability to pay Metropolitan Region
30              Improvement Tax
        (1)     Subject to subsection (3), a person who, at midnight on 30 June
                in any year is the owner of land in the metropolitan region is
                liable to pay Metropolitan Region Improvement Tax on the land
                in accordance with this Act.

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       (2)   The land is chargeable with the tax imposed by and at the rate
             imposed by the Metropolitan Region Improvement Tax
             Act 1959.
       (3)   An owner of land in the metropolitan region is also liable to pay
5            Metropolitan Region Improvement Tax in accordance with
             sections 14 and 15 of the Land Tax Assessment Act 2002 and,
             for that purpose, those sections are to apply as if references in
             those sections to land tax and the Land Tax Act 2002 were
             respectively references to Metropolitan Region Improvement
10           Tax and the Metropolitan Region Improvement Tax Act 1959.
       (4)   For the purposes of this Act the provisions of the Land Tax
             Assessment Act 2002 and the Taxation Administration Act 2003,
             relating to land tax and land so far as they can be made
             applicable with all necessary modifications or adaptations apply
15           to the Metropolitan Region Improvement Tax and land in the
             metropolitan region.
       (5)   Despite anything contained in any other law, the amount of the
             tax which the Commissioner of State Revenue is to treat as
             having come into his or her possession under this Act in each
20           financial year is to be the amount of the tax which becomes
             payable in that financial year.

     201.    How tax collections are dealt with
       (1)   The proceeds of the Metropolitan Region Improvement Tax
             referred to in section 200 are to be credited to the Consolidated
25           Fund.
       (2)   An amount equal to the amount credited to the Consolidated
             Fund under subsection (1) is to be credited to the Metropolitan
             Region Improvement Fund and charged to the Consolidated
             Fund, and this subsection appropriates the Consolidated Fund
30           accordingly.




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     Planning and Development Bill 2004
     Part 12        Financial provisions
     Division 3     Financial provisions relating to the Commission
     s. 202



      Division 3 -- Financial provisions relating to the Commission
     202.       Saving
                Nothing in this Division is to be read as derogating from
                Division 1 and this Division has effect subject to that Division.

5    203.       Funds of the Commission
        (1)     The funds available to the Commission to enable it to perform
                its functions are --
                   (a) moneys borrowed by the Commission under this Act;
                        and
10                 (b) other moneys lawfully received by, made available to, or
                        payable to, the Commission under this or any other Act.
        (2)     The funds referred to in subsection (1) are to be credited to, and
                money paid by the Commission is to be debited to, an account
                called the "Western Australian Planning Commission Account"
15              held --
                  (a) as part of the Trust Fund constituted under the Financial
                        Administration and Audit Act 1985 section 9; or
                  (b) with the approval of the Treasurer, at a bank as defined
                        in the Financial Administration and Audit Act 1985
20                      section 3(1).

     204.       Approval of the Minister to certain expenditure
                The Commission, without the consent of the Minister, in respect
                of any one work, is not to make a contract or incur any
                expenditure the consideration or cost of which exceeds
25              $1 000 000.

     205.       Borrowing restrictions
        (1)     Subject to subsection (2), the Commission may, with the prior
                written approval of the Treasurer and on such terms as the
                Treasurer approves, borrow money for the performance by the
30              Commission of its functions.

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                    Financial provisions relating to the Commission   Division 3
                                                                           s. 206



       (2)   Any moneys borrowed by the Commission under this section
             may be raised as one loan or as several loans and in such
             manner as the Treasurer may approve, but the amount of money
             so borrowed is not in any one year to exceed in the aggregate
5            such amounts as the Treasurer approves.
       (3)   For the purpose of making provision to repay either the whole
             or any part of any loan raised under this section the Commission
             may, subject to this section, borrow the moneys necessary for
             that purpose before the loan or part of it becomes payable.

10   206.    Borrowing from Treasurer
       (1)   In addition to the powers conferred by section 205, the
             Commission may borrow from the Treasurer such amounts as
             the Treasurer approves on such conditions relating to repayment
             and payment of interest as the Treasurer imposes.
15     (2)   Under this section the Account and the assets of the
             Commission are charged with the due performance by the
             Commission of all obligations arising from any advance made
             under this section.

     207.    Guarantees of borrowing etc.
20     (1)   The Treasurer is authorised to guarantee --
              (a)     the repayment of any amount borrowed from time to
                      time under section 205; and
              (b)     the payment of interest and such other charges in respect
                      of such borrowings as the Treasurer has approved.
25     (2)   A guarantee is to be in the form, and subject to the terms and
             conditions, determined by the Treasurer.
       (3)   The due payment of money payable by the Treasurer under a
             guarantee is to be charged to the Consolidated Fund, which this
             subsection appropriates accordingly.




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     Planning and Development Bill 2004
     Part 12        Financial provisions
     Division 4     Financial provisions relating to local governments
     s. 208



        (4)     The Treasurer is to cause any amounts received or recovered,
                from the Commission or otherwise, in respect of any payment
                made by the Treasurer under a guarantee to be credited to the
                Consolidated Fund.

5    208.       Application of Financial Administration and Audit Act 1985
                The provisions of the Financial Administration and Audit
                Act 1985 regulating the financial administration, audit and
                reporting of statutory authorities apply to and in respect of the
                Commission and its operations.

10   209.       Land of Commission not subject to rates etc.
        (1)     Subject to subsection (2), no rate, tax, or assessment is to be
                imposed, levied, charged or made upon any land acquired by the
                Commission under and for the purposes of this Act while the
                Commission is the owner of the land.
15      (2)     If any land referred to in subsection (1) is leased by the
                Commission, the Commission is to pay in respect of the land
                out of the rent received by the Commission, the whole or such
                portion of the amount of any rate, tax, or assessment that would
                but for this section have been imposed, levied, charged or made
20              on the land so leased, as the Commission certifies in writing to
                be available for the purpose.

     Division 4 -- Financial provisions relating to local governments
     210.       Apportionment of expenses between local governments
        (1)     The Minister may order that any part of the expenses incurred
25              by a local government under this Act, or under any local
                planning scheme, are to be borne by another local government
                (the "other local government").
        (2)     An amount ordered under subsection (1) is taken to be a debt
                due to the local government that incurred the expenses by the
30              other local government.


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                                             Financial provisions    Part 12
              Financial provisions relating to local governments  Division 4
                                                                       s. 210



     (3)   In fixing the amount to be borne by the other local government
           the Minister is to have regard to the proportion of the expenses
           incurred in respect of anything done within the district of the
           other local government in relation to a local planning scheme,
5          and the ratio of that proportion to the whole expense under this
           Act in relation to the scheme, and such other matters as are
           prescribed by the regulations.
     (4)   A local government may appeal to the Supreme Court against
           any order of the Minister under this section, subject to the Rules
10         of Court regulating the procedure to be adopted for the purpose
           of any such appeal.




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     Part 13        Enforcement and legal proceedings
     Division 1     Enforcement
     s. 211



            Part 13 -- Enforcement and legal proceedings
                             Division 1 -- Enforcement
     211.       Minister may give orders to local government
        (1)     A person aggrieved by --
5                 (a)   the failure of a local government to enforce or
                        implement effectively the observance of a local planning
                        scheme; or
                 (b)    the failure of a local government to execute any works
                        which, under a local planning scheme or this Act, the
10                      local government is required to execute,
                may make representations to the Minister.
        (2)     The Minister may determine not to take any action in response
                to the representations or, if the Minister considers it appropriate
                to do so, the Minister may refer the representations to the
15              Tribunal for its report and recommendations.
        (3)     For the purposes of making a report and recommendations on a
                referral under subsection (2), Part 14 applies with such
                modifications as may be necessary, as if the referral were an
                appeal.
20      (4)     On receiving a report and recommendations from the Tribunal,
                the Minister may order the local government --
                  (a) to do all things necessary for enforcing the observance
                       of the scheme or any of the provisions of the scheme; or
                  (b) to do all things necessary for executing any works
25                     which, under the scheme or this Act the local
                       government is required to execute,
                as the case requires.
        (5)     The Minister is not bound by the report and recommendations
                of the Tribunal.


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                                                  Enforcement   Division 1
                                                                     s. 212



       (6)   The local government may within 28 days of service of the
             order appeal against the order to a Judge who may --
               (a) confirm, vary or annul the Minister's order; and
               (b) make such order as to costs of the appeal as the Judge
5                    thinks proper.
       (7)   The decision of the Judge is final and enforceable as an order of
             judgment of the Supreme Court.
       (8)   Subject to any rules made by the Governor --
              (a) the proceedings on an appeal are to be as the Judge
10                  directs; and
              (b) subject to the direction of the Judge may, as regards the
                    summoning and attendance of witnesses, the production
                    of documents and costs, be regulated by the appropriate
                    Rules of the Supreme Court, with appropriate
15                  adaptations and alterations.

     212.    Minister may assume powers of local government or enforce
             review decision
       (1)   If the Minister is satisfied that a local government has failed
             to --
20             (a) comply with an order under section 76;
               (b) comply with a provision of Part 5 Division 5;
               (c) comply with an order under section 211; or
               (d) comply with a provision of regulations made under
                     section 285,
25           the Minister may serve written notice on the local government
             under this section.
       (2)   The notice is to --
              (a) set out the relevant order or provision and the manner in
                    which the local government has failed to comply with it;



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                 (b)    specify a period (which is not to be less than 60 days
                        after the notice is served) before which the local
                        government is required to comply with the relevant
                        order or provision; and
5                 (c)   advise the local government that the Minister intends to
                        exercise the powers conferred by subsection (3) if the
                        local government does not comply with the requirement
                        made under paragraph (b).
        (3)     If the local government does not comply with the requirement
10              made under subsection (2)(b), the Minister may take all such
                steps and prepare or cause to be prepared all such documents as
                are necessary for compliance with the requirement as if the
                Minister were the local government.
        (4)     For the purposes of subsection (3), the Minister may by order
15              direct the local government to provide the Minister with such
                reports or other information specified in the order as are
                necessary for the exercise of the Minister's powers under this
                section.
        (5)     The Minister is to cause a copy of an order directed to a local
20              government under subsection (4) to be served on the local
                government, and the local government is to comply with the
                order.
        (6)     For the purposes of subsection (3), the provisions of the
                regulations that would have applied to the local government
25              apply to the Minister with such modifications as are necessary
                or are prescribed.
        (7)     All costs, charges and expenses incurred by the Minister in the
                exercise of any powers conferred by subsection (3) may be
                recovered from the local government as a debt due to the Crown
30              or may be deducted from any moneys payable by the Crown to
                the local government.




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                                         Planning and Development Bill 2004
                             Enforcement and legal proceedings     Part 13
                                                  Enforcement   Division 1
                                                                     s. 213



     213.    Effect of amendment, scheme, consolidation or repeal
             prepared by Minister
       (1)   When the Minister exercises powers conferred under
             section 212 and prepares or causes to be prepared and published
5            in the Gazette --
               (a) an amendment to a local planning scheme;
               (b) a local planning scheme, incorporating, if necessary, any
                     modifications to, or conditions on, the scheme;
               (c) a consolidated local planning scheme; or
10             (d) the repeal of a local planning scheme,
             that amendment, scheme, scheme as modified or with
             conditions, consolidation or repeal, as the case may be, has
             effect as if it were made, published and adopted by the local
             government and approved by the Minister and the local
15           government is to implement it accordingly.
       (2)   A reference in this or any other Act to --
              (a) an amendment to a local planning scheme is to be read
                     and construed as including a reference to an amendment
                     to a local planning scheme prepared or caused to be
20                   prepared by the Minister under section 212; and
              (b) a local planning scheme is to be read and construed as
                     including a reference to a local planning scheme
                     prepared or caused to be prepared by the Minister in
                     accordance with section 212.

25   214.    Directions by responsible authority regarding unauthorised
             development
       (1)   For the purposes of subsections (2) and (3) --
              (a) a development is undertaken in contravention of a
                     planning scheme or an interim development order if the
30                   development --
                       (i) is required to comply with the planning scheme
                            or interim development order; and

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     Division 1     Enforcement
     s. 214



                         (ii) is commenced, continued or carried out
                              otherwise than in accordance with the planning
                              scheme or interim development order or
                              otherwise than in accordance with any condition
5                             imposed with respect to that development by the
                              responsible authority pursuant to its powers
                              under that planning scheme or interim
                              development order;
                 (b)   a development is undertaken in contravention of
10                     planning control area requirements if the
                       development --
                          (i) is commenced, continued or carried out in a
                              planning control area without the prior approval
                              of that development obtained under section 116;
15                            or
                         (ii) is commenced, continued or carried out
                              otherwise than in accordance with the approval
                              referred to in subparagraph (i) or otherwise than
                              in accordance with the conditions, if any, subject
20                            to which that approval is given.
        (2)     If a development, or any part of a development, is undertaken in
                contravention of a planning scheme or an interim development
                order or in contravention of planning control area requirements,
                the responsible authority may give a written direction to the
25              owner or any other person undertaking that development to
                stop, and not recommence, the development or that part of the
                development that is undertaken in contravention of the planning
                scheme, interim development order or planning control area
                requirements.
30      (3)     If a development has been undertaken in contravention of a
                planning scheme or interim development order or in
                contravention of planning control area requirements, the
                responsible authority may give a written direction to the owner
                or any other person who undertook the development --
35                (a) to remove, pull down, take up, or alter the development;
                        and

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                                                  Enforcement   Division 1
                                                                     s. 215



              (b)    to restore the land as nearly as practicable to its
                     condition immediately before the development started,
                     to the satisfaction of the responsible authority.
       (4)   The responsible authority may give directions under
5            subsections (2) and (3)(a) and (b) in respect of the same
             development and in the same instrument.
       (5)   If it appears to a responsible authority that delay in the
             execution of any work to be executed under a planning scheme
             or interim development order would prejudice the effective
10           operation of the planning scheme or interim development order,
             the responsible authority may give a written direction to the
             person whose duty it is to execute the work to execute that
             work.
       (6)   A direction under subsection (3) or (5) is to specify a time,
15           being not less than 60 days after the service of the direction,
             within which the direction is to be complied with.
       (7)   A person who --
              (a) fails to comply with a direction given to the person
                    under subsection (2); or
20            (b) fails to comply with a direction given to the person
                    under subsection (3) or (5) within the time specified in
                    the direction, or within any further time allowed by the
                    responsible authority,
             commits an offence.

25   215.    Responsible authority may remove or alter unauthorised
             development
       (1)   If --
               (a)   a notice is served on a person under section 214(2),
                     214(3) or 214(5) and that person fails to --
30                     (i) carry out the directions within the time specified
                             in the notice; or


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     Division 1     Enforcement
     s. 216



                         (ii)   appeal under section 282 against any direction
                                contained in the notice;
                        or
                 (b)    on an appeal by that person against any direction
5                       contained in the notice, the direction is confirmed or
                        varied and the owner fails to carry out the direction as
                        confirmed or varied within the time specified by the
                        Tribunal in the notice given under section 282(2),
                the responsible authority may itself remove, pull down, take up
10              or alter the development, restore the land as nearly as
                practicable to its condition immediately before the development
                started, or execute that work, as it directed that person.
        (2)     Any expenses incurred by a responsible authority under
                subsection (1) may be recovered from the person to whom the
15              direction was given as a debt due in a court of competent
                jurisdiction.

     216.       Injunction
        (1)     Without prejudice to any proceeding for an offence against this
                Act, if --
20               (a) a person contravenes a provision of this Act, an interim
                        development order or a planning scheme; or
                 (b) a responsible authority grants an application for
                        approval of development subject to conditions and the
                        development is commenced, continued or completed
25                      contrary to or otherwise than in accordance with any
                        condition imposed by the responsible authority with
                        respect to the development,
                the Supreme Court may, on application by the responsible
                authority, grant an injunction --
30                (c) if the application is with respect to a contravention of
                        the Act, an interim development order or a planning
                        scheme, restraining the person from engaging in any
                        conduct or doing any act, that constitutes or is likely to

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                                                  Enforcement   Division 1
                                                                     s. 217



                    constitute a contravention of this Act, the interim
                    development order or the planning scheme;
              (d)   if the application is with respect to the commencement,
                    continuation or completion of a development contrary to
5                   or otherwise than in accordance with any condition
                    imposed by the responsible authority with respect to the
                    development --
                       (i) in the case where the development is commenced
                            but not carried out, restraining the continuation
10                          or completion of the development or any use of
                            the development; or
                      (ii) in the case where the development is completed,
                            restraining the use of the development,
                    until the condition is complied with.
15     (2)   An injunction granted under subsection (1) --
              (a)   has effect for the period specified in the injunction or
                    until further order of the Court; and
              (b)   may be varied or rescinded by the Court.

     217.    Powers of Minister to ensure that environmental conditions
20           are met
       (1)   In this section --
             "assessed scheme" means a planning scheme, or an amendment
                  to a planning scheme, that is an assessed scheme within the
                  meaning of the EP Act;
25           "environmental condition" means a condition agreed under
                  section 48F of the EP Act or decided under section 48I of
                  the EP Act;
             "environmental harm" has the same meaning as it has in the
                  EP Act;
30           "pollution" has the same meaning as it has in the EP Act.




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        (2)     After receiving advice from the Minister for the Environment
                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.
5       (3)     For the purposes of subsection (2) the Minister may --
                 (a) by order in writing served on the person who is
                        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
10                      order;
                 (b) cause the responsible authority to serve a notice on the
                        person 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
15                      of --
                           (i) complying with; or
                          (ii) preventing non-compliance with,
                        the environmental condition to which the Minister for
                        the Environment's advice relates; or
20               (c) advise the responsible authority to cause such steps to be
                        taken as are necessary for the purpose of --
                           (i) complying with; or
                          (ii) preventing non-compliance with,
                        the environmental condition to which the Minister for
25                      the Environment's advice relates.
        (4)     A person who fails to comply with an order or notice served on
                the person under subsection (3)(a) or (b) commits an offence.
        (5)     Nothing in this section prevents or otherwise affects the
                application of Part V of the EP Act to --
30                (a) a development referred to in subsection (2); or
                  (b) pollution or environmental harm caused by any
                        non-compliance with an environmental condition
                        referred to in subsection (3).

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                                                      Offences  Division 2
                                                                     s. 218



                            Division 2 -- Offences
     218.    Contravention of planning scheme
             A person who --
              (a)    contravenes the provisions of a planning scheme;
5             (b)    commences, continues or carries out any development in
                     any part of a region the subject of a region planning
                     scheme or any part of an area the subject of a local
                     planning scheme otherwise than in accordance with the
                     provisions of the planning scheme; or
10             (c)   commences, continues or carries out any such
                     development which is required to comply with a
                     planning scheme otherwise than in accordance with any
                     condition imposed under this Act or the scheme with
                     respect to the development, or otherwise fails to comply
15                   with any such condition,
             commits an offence.

     219.    Unauthorised subdivision works
       (1)   A person who commences, continues or carries out works for
             the purpose of enabling the subdivision of land otherwise
20           than --
               (a) as shown on a plan of subdivision approved by the
                     Commission; or
               (b) as required by the Commission to be carried out as a
                     condition of approval of the plan of subdivision,
25           commits an offence.
       (2)   It is a defence to a charge of an offence under subsection (1) to
             show that the person has development approval or other lawful
             authority to commence, continue or carry out the works.




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     Division 2     Offences
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     220.       Development in planning control area without prior
                approval
                A person who commences, continues or carries out development
                in a planning control area except --
5                 (a) with the prior approval of that development obtained
                        under section 116; and
                  (b) in a manner which is in conformity with the approval
                        referred to in paragraph (a) and in accordance with the
                        conditions, if any, subject to which that approval is
10                      given,
                commits an offence.

     221.       Contravention of interim development order
                A person who --
                 (a) contravenes an interim development order; or
15               (b) commences, continues or carries out any development
                       which is required to comply with an interim
                       development order otherwise than in accordance with --
                         (i) the interim development order; or
                        (ii) any condition imposed in respect of that
20                            development by the Commission or the local
                              government administering that order under its
                              powers under the order,
                commits an offence.

     222.       Development in heritage place without approval
25              A person who commences, continues or carries out any
                development, or causes or permits any development to be
                commenced, continued or carried out, affecting land to which
                section 163 applies except --
                  (a) with the prior approval of that development obtained
30                      under section 163; and


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                                                      Offences  Division 2
                                                                     s. 223



              (b)    in a manner which is in conformity with the approval
                     referred to in paragraph (a) and in accordance with the
                     conditions, if any, subject to which that approval was
                     given,
5            commits an offence.
     223.    Penalty for offence
             Unless otherwise provided, a person who commits an offence
             under this Act is liable to a penalty of $50 000 and, in the case
             of a continuing offence, a further fine of $5 000 for each day
10           during which the offence continues.
     224.    Other enforcement provisions not affected
       (1)   This Division does not prejudice or affect the operation of
             sections 214, 215 or 216.
       (2)   A person may be prosecuted for an offence under this Division
15           irrespective of whether or not a direction has been given under
             section 214.
     225.    Onus of proof in vehicle offence may be shifted
       (1)   In this section --
             "vehicle offence" means an offence against section 220 of
20               which the parking, standing or leaving of a vehicle is an
                 element.
       (2)   Where a vehicle offence is alleged to have been committed and
             the identity of the person committing the alleged offence is not
             known and cannot immediately be ascertained an officer of the
25           relevant responsible authority who is a designated person under
             section 228 may give the owner of the vehicle a notice under
             this section.
       (3)   The notice is to be in the form prescribed in the regulations and
             is to contain particulars of the alleged offence and require the
30           owner to identify the person who was the driver or person in
             charge of the vehicle at the time when the offence is alleged to
             have been committed.

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     Division 3     Infringement notices
     s. 226



        (4)     The notice may be addressed to the owner of the vehicle without
                naming, or stating the address of, the owner and may be given
                by --
                  (a) attaching it to the vehicle or leaving it in or on the
5                      vehicle at or about the time that the alleged offence is
                       believed to have been committed; or
                  (b) giving it to the owner within 21 days after the alleged
                       offence is believed to have been committed.
        (5)     The notice is to include a short statement of the effect of
10              subsection (6).
        (6)     Unless, within 28 days after being served with the notice, the
                owner of the vehicle --
                 (a) informs the responsible authority or an officer of the
                       responsible authority authorised for the purposes of this
15                     paragraph as to the identity and address of the person
                       who was the person in charge of the vehicle at the time
                       the offence is alleged to have been committed; or
                 (b) satisfies the responsible authority that the vehicle had
                       been stolen or unlawfully taken, or was being
20                     unlawfully used, at the time the offence is alleged to
                       have been committed,
                the owner is, in the absence of proof to the contrary, deemed to
                have committed the offence.

                        Division 3 -- Infringement notices
25   226.       Interpretation
                In this Division --
                "alleged offender" means a person who or which is suspected
                     of having committed an offence under this Act or under
                     regulations made under this Act;
30              "designated person" in section 228, 229, 230 or 231 means a
                     person appointed under section 234 to be a designated


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                             Enforcement and legal proceedings     Part 13
                                          Infringement notices  Division 3
                                                                     s. 227



                 person for the purposes of the section in which the term is
                 used;
             "prescribed offence" means an offence prescribed under
                 section 227(1).

5    227.    Prescribed offences
       (1)   The regulations may prescribe an offence under this Act, or
             under any regulations made under this Act, to be an offence for
             which an infringement notice may be issued under this Division.
       (2)   For each prescribed offence the regulations must prescribe --
10            (a) a modified penalty applicable in whatever the
                    circumstances in which the offence is committed; or
              (b) a modified penalty applicable if the offence is
                    committed in circumstances specified in the regulations.
       (3)   The modified penalty for an offence is not to exceed 20% of the
15           maximum penalty that could be imposed for that offence by a
             court.

     228.    Giving of infringement notice
       (1)   A designated person who has reason to believe that a person has
             committed a prescribed offence may give an infringement
20           notice to the alleged offender.
       (2)   The notice must be given within 6 months after the alleged
             offence is believed to have been committed.

     229.    Content of infringement notice
       (1)   An infringement notice is to be in the prescribed form and is
25           to --
               (a) contain a description of the alleged offence;
               (b) specify the amount of the modified penalty for the
                     offence;
               (c) advise that if the alleged offender does not wish to have
30                   a complaint of the alleged offence heard and determined

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     Planning and Development Bill 2004
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     Division 3     Infringement notices
     s. 230



                       by a court, that amount may be paid to a designated
                       person within a period of 28 days after the giving of the
                       notice; and
                 (d)   inform the alleged offender as to who are designated
5                      persons for the purposes of receiving payment of
                       modified penalties.
        (2)     The amount referred to in subsection (1)(b) is to be the amount
                that was the prescribed modified penalty at the time the alleged
                offence is believed to have been committed.

10   230.       Extension of time
                A designated person may, in a particular case, extend the period
                of 28 days within which the modified penalty may be paid and
                the extension may be allowed whether or not the period of
                28 days has elapsed.

15   231.       Withdrawal of infringement notice
        (1)     A designated person may, whether or not the modified penalty
                has been paid, withdraw an infringement notice by sending to
                the alleged offender a notice in the prescribed form stating that
                the infringement notice has been withdrawn.
20      (2)     If an infringement notice is withdrawn after the modified
                penalty has been paid, the amount is to be refunded.

     232.       Benefit of paying modified penalty
        (1)     Subsection (2) applies if the modified penalty specified in an
                infringement notice has been paid within 28 days or such further
25              time as is allowed and the notice has not been withdrawn.
        (2)     If this subsection applies it prevents the bringing of proceedings
                and the imposition of penalties to the same extent that they
                would be prevented if the alleged offender had been convicted
                by a court of, and punished for, the alleged offence.




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                                          Infringement notices  Division 3
                                                                     s. 233



       (3)   Payment of a modified penalty is not to be regarded as an
             admission for the purposes of any proceedings, whether civil or
             criminal.

     233.    Application of penalties collected
5            An amount paid as a modified penalty is, subject to
             section 231(2), to be dealt with as if it were a penalty imposed
             by a court as a penalty for an offence.

     234.    Appointment of designated persons
       (1)   The chief executive officer of a responsible authority may, in
10           writing, appoint persons or classes of persons to be designated
             persons for the purposes of section 228, 229, 230 or 231 or for
             the purposes of 2 or more of those sections.
       (2)   A person who is authorised to give infringement notices under
             section 228 is not eligible to be a designated person for the
15           purposes of any of the other sections.

     235.    Notice placing onus on vehicle owner
       (1)   If an alleged offence is one for which a notice under section 225
             can be given to the owner of a vehicle involved in the
             commission of the offence, that notice can be included in the
20           same document as an infringement notice given to the owner for
             the alleged offence.
       (2)   For the purpose of giving the vehicle owner an infringement
             notice that is with a notice under section 225 --
               (a) it is a sufficient ground for believing the owner to have
25                   committed the alleged offence that the person is the
                     owner; and
              (b) the infringement notice may be addressed and given as
                     specified in section 225(4).




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    Planning and Development Bill 2004
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    Division 3     Infringement notices
    s. 235



       (3)     Where the modified penalty specified in an infringement notice
               has been paid within 28 days or such further time as is allowed,
               section 225(6) does not have effect to deem the owner to have
               committed the offence.
5      (4)     The statement required by section 225(5) is to include a
               description of the effect of subsection (3) if an infringement
               notice is given with a notice under section 225.




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                                           Planning and Development Bill 2004
                                                        Appeals      Part 14
                                       Establishment of Tribunal  Division 1
                                                                       s. 236



                            Part 14 -- Appeals
                 Division 1 -- Establishment of Tribunal
     236.    Establishment of Town Planning Appeal Tribunal
       (1)   A tribunal called the Town Planning Appeal Tribunal is
5            established.
       (2)   The Tribunal is to have a seal.

     237.    Members of Tribunal
       (1)   The Governor is to appoint as members of the Tribunal --
              (a) a President;
10            (b) a deputy President;
              (c) senior members; and
              (d) ordinary members.
       (2)   The membership of the Tribunal is to comprise the number of
             persons that the Minister considers necessary to expeditiously
15           deal with appeals.
       (3)   A Tribunal member may be appointed on a full-time or
             part-time basis.

     238.    Qualifications of members
       (1)   Each Tribunal member is to be a person who, in the opinion of
20           the Minister, has knowledge of and experience in one or more
             of the fields of urban and regional planning, architecture and
             urban design, engineering, surveying, environmental science,
             planning law, heritage matters, public administration, commerce
             and industry.
25     (2)   As far as practicable, the Tribunal members are to between them
             have knowledge and experience covering all of the fields
             mentioned in subsection (1).



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     Planning and Development Bill 2004
     Part 14        Appeals
     Division 2     How Tribunal is constituted
     s. 239



        (3)     A person is not to hold office as a Tribunal member if that
                person is employed under Part 3 of the Public Sector
                Management Act 1994 or is otherwise employed in a full-time
                capacity by an agency or instrumentality of the Crown.
5       (4)     A person is not eligible for appointment as President or deputy
                President unless the person is a legal practitioner of not less than
                8 years' practice and standing.
        (5)     A person is not eligible for appointment as a senior member
                unless that person has, in the opinion of the Minister, extensive
10              knowledge, or experience, in relation to a class of matter which
                may be dealt with by the Tribunal.

     239.       Further provisions concerning Tribunal members
                Schedule 10 has effect with respect to the tenure, remuneration
                and conditions of service of the Tribunal members and other
15              matters provided for in that Schedule.

                   Division 2 -- How Tribunal is constituted
     240.       President determines how Tribunal is constituted
        (1)     Subject to this section, the President is to determine how the
                Tribunal is to be constituted for the purposes of each appeal.
20      (2)     For the purposes of each appeal the Tribunal is to be constituted
                by one Tribunal member or by 3 Tribunal members.
        (3)     Subject to a direction given under subsection (4), an appeal --
                  (a)   against --
                          (i) the determination of, or conditions imposed in
25                             respect of, a development application to
                               commence a development of a value of less than
                               $250 000 or such other amount as is prescribed
                               by the regulations;




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                                                      Appeals      Part 14
                                    How Tribunal is constituted Division 2
                                                                    s. 240



                    (ii)    the determination of, or conditions imposed in
                            respect of, a development application to
                            commence a development of a single house on a
                            single lot where the development is of a value of
5                           less than $500 000 or such other amount as is
                            prescribed by the regulations, or any
                            development ancillary to that development; or
                    (iii)   the determination of, or conditions imposed in
                            respect of, an application for approval to
10                          subdivide a lot into not more than 3 lots;
                   or
            (b)    where the applicant, with the agreement of each other
                   party, has elected at the time of commencing the appeal
                   to have the appeal determined by an ordinary member
15                 sitting alone,
           is to be determined by the Tribunal constituted by a single
           ordinary member.
     (4)   If the President is of the opinion that the appeal is likely to raise
           complex or significant planning issues, the President may direct
20         that the appeal is to be determined by the Tribunal constituted
           by a Tribunal member who is not an ordinary member or by the
           Tribunal constituted by 3 Tribunal members.
     (5)   When dealing with an appeal to the Tribunal against a decision
           referred to in section 281 or a decision relating to an
25         environmental condition, the Tribunal is to be constituted by --
             (a) a Tribunal member who has knowledge of and
                   experience in the field of environmental science; or
             (b) 3 Tribunal members, of whom at least one is to have
                   knowledge of and experience in the field of
30                 environmental science.
     (6)   There may be more than one sitting of the Tribunal at the same
           time.



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     Planning and Development Bill 2004
     Part 14        Appeals
     Division 3     The Principal Registrar and other officers
     s. 241



     241.       President responsible for administration
                Subject to this Act, the regulations and the rules, the
                President --
                  (a) is to direct the business of the Tribunal;
5                 (b) is responsible for the management of the administrative
                       affairs of the Tribunal; and
                  (c) may determine the places and times for sittings of the
                       Tribunal.

     242.       Delegation by President
10      (1)     Subject to subsection (2), the President may, with the written
                approval of the Minister, delegate to any senior member or to all
                senior members or the deputy President or the Principal
                Registrar any function of the President under this Act, the
                regulations or the rules.
15      (2)     The President is not to delegate his or her functions under
                section 263 or 266 to a Tribunal member or to the Principal
                Registrar unless that person is a legal practitioner.

            Division 3 -- The Principal Registrar and other officers
     243.       Principal Registrar
20      (1)     The Minister may appoint a person as Principal Registrar of the
                Tribunal.
        (2)     The office of Principal Registrar is not an office in the Public
                Service and is not to be included in the Senior Executive
                Service provided for by the Public Sector Management
25              Act 1994.
        (3)     The Principal Registrar --
                 (a)    is the executive officer of the Tribunal; and
                 (b)    has the functions conferred by or under this Act, the
                        regulations, the rules or any other Act.


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                        The Principal Registrar and other officers Division 3
                                                                       s. 244



       (4)   The Principal Registrar may be appointed as a senior member of
             the Tribunal.
       (5)   Schedule 11 has effect with respect to the tenure, remuneration
             and conditions of service of the Principal Registrar and the other
5            matters provided for in that Schedule.

     244.    President may give Principal Registrar directions
       (1)   The President may from time to time give directions to the
             Principal Registrar with respect to the performance of any of the
             Principal Registrar's functions, either generally or with respect
10           to a particular matter, and the Principal Registrar is to give
             effect to any such direction.
       (2)   Nothing in this section empowers the President to give
             directions to the Principal Registrar with respect to the
             performance of his or her functions as a Tribunal member, if the
15           Principal Registrar is a Tribunal member.

     245.    Other officers of the Tribunal
             There are to be appointed under and subject to Part 3 of the
             Public Sector Management Act 1994 --
              (a) a Registrar of the Tribunal; and
20            (b) such other officers as are necessary to assist in the
                    administration of the Tribunal.

     246.    Functions of the Registrar
             The Registrar is to --
              (a) assist the Principal Registrar in the administration of the
25                 Tribunal;
              (b) keep a register of all appeals made to the Tribunal; and
              (c) keep a register of decisions of the Tribunal on each
                   appeal and keep copies of the reasons given for those
                   decisions.



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     Planning and Development Bill 2004
     Part 14        Appeals
     Division 4     Proceedings of the Tribunal
     s. 247



                   Division 4 -- Proceedings of the Tribunal
     247.       Appeals to the Tribunal
        (1)     A person may appeal, or refer a matter, to the Tribunal if a right
                to appeal, or refer a matter, under this Part is conferred on the
5               person by --
                  (a) this Act or any planning scheme in force under this Act;
                  (b) the Heritage of Western Australia Act 1990;
                  (c) the Strata Titles Act 1985;
                  (d) the East Perth Redevelopment Act 1991;
10                (e) the Subiaco Redevelopment Act 1994;
                   (f) the Midland Redevelopment Act 1999;
                  (g) the Hope Valley-Wattleup Redevelopment Act 2000;
                  (h) the Armadale Redevelopment Act 2001; or
                   (i) any other written law.
15      (2)     Where a person is entitled under the provisions of a planning
                scheme in force under this Act to appeal against the exercise by
                the responsible authority of a discretionary power, the appeal is
                to be made to the Tribunal under this Part.
        (3)     Subsection (2) has effect despite any provision in a planning
20              scheme that provides for the appeal to be otherwise made.

     248.       Commencement of appeal
                An appeal is commenced by giving notice, including the
                grounds of appeal, in the time and manner prescribed, to the
                persons and bodies prescribed.

25   249.       Notice of hearings
        (1)     The Principal Registrar is to give notice, in accordance with the
                regulations or rules, of the time and place for the hearing of the
                appeal to --
                  (a) each party to the appeal; and

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                                    Proceedings of the Tribunal Division 4
                                                                     s. 250



              (b)   each other person entitled to notice under the regulations
                    or rules.
       (2)   If a person, including a party, to whom notice has been given in
             accordance with the regulations or rules fails to attend, the
5            hearing may be held in the absence of that party.

     250.    Determination of appeals
       (1)   On an appeal the Tribunal may by order --
              (a) affirm the determination or direction appealed against;
              (b) vary the determination or direction appealed against;
10            (c) set aside the determination or direction appealed against;
                    or
              (d) set aside the determination or direction appealed against
                    and make another determination or direction in
                    substitution for it.
15     (2)   The Tribunal may also make any incidental or ancillary orders.
       (3)   The power of the Tribunal to make an order includes a power to
             make the order subject to such conditions as the Tribunal thinks
             fit.

     251.    Procedure of the Tribunal
20     (1)   In the performance of its functions the Tribunal, however
             constituted --
               (a) is bound by the rules of natural justice;
               (b) is not bound by the rules of evidence;
               (c) may inform itself of any matter as it thinks fit;
25             (d) is to encourage the parties to an appeal to reach
                     agreement on some or all of the issues arising in the
                     appeal;




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     Planning and Development Bill 2004
     Part 14        Appeals
     Division 4     Proceedings of the Tribunal
     s. 251



                  (e)   is to deal with each appeal with as little formality and
                        technicality, and determine each appeal with as much
                        speed, as the requirements of this Act, the regulations
                        and the rules and a proper consideration of the matter
5                       before it permit; and
                  (f)   subject to this Act, the regulations and the rules, may
                        deal with appeals, and receive submissions and
                        representations in relation to any appeal before it, as it
                        thinks fit.
10      (2)     Without limiting subsection (1)(a), the Tribunal is to ensure that
                each party to an appeal before it is given a reasonable
                opportunity to --
                  (a) present the case of that party;
                  (b) inspect any document to which the Tribunal proposes to
15                     have regard in making a determination in that appeal;
                       and
                  (c) make submissions in relation to those documents.
        (3)     Subject to subsection (4), a hearing of an appeal before the
                Tribunal is to be in public.
20      (4)     If the Tribunal is satisfied that it is desirable to do so by reason
                of the confidential nature of any evidence or matter or for any
                other reason, it may, of its own motion or on the application of a
                party, make an order that the hearing be conducted wholly or
                partly in private.
25      (5)     In the circumstances set out in subsection (6) the Tribunal may
                order --
                  (a) that any evidence given before it; or
                  (b) that the contents of any documents produced by it,
                must not be published except in the manner and to the persons
30              (if any) specified by the Tribunal.




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                                     Proceedings of the Tribunal Division 4
                                                                      s. 252



       (6)   The Tribunal may make an order under subsection (5) if the
             Tribunal considers that it is necessary to do so --
              (a) to avoid prejudicing the administration of justice;
              (b) to avoid the publication of confidential information; or
5             (c) for any other reason in the interests of justice or safety.
       (7)   If the parties to an appeal agree, the Tribunal may conduct all or
             part of an appeal entirely on the basis of documents, without
             any physical appearance by the parties or their representatives
             or witnesses.

10   252.    Failure to comply with summons or requirement of
             Tribunal
       (1)   A person served with a summons to give evidence before the
             Tribunal must not, without reasonable excuse, fail to attend as
             required by the summons.
15           Penalty: $5 000.
       (2)   A person required by the Tribunal to produce any documents,
             plans or other papers in the custody or control of the person
             must not, without reasonable excuse, fail to comply with the
             requirement.
20           Penalty: $25 000.
       (3)   A person appearing before the Tribunal must not, without
             reasonable excuse --
               (a) when required either to take an oath or make an
                    affirmation -- refuse or fail to comply with the
25                  requirement; or
               (b) refuse or fail to answer a question that he or she is
                    required to answer by the Tribunal member presiding.
             Penalty: $10 000.




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     Planning and Development Bill 2004
     Part 14        Appeals
     Division 4     Proceedings of the Tribunal
     s. 253



     253.       False or misleading evidence
                A person must not give evidence to the Tribunal that the person
                knows is false or misleading.
                Penalty: $25 000.

5    254.       Offences against Tribunal
                A person must not --
                  (a) interrupt the proceedings of the Tribunal;
                 (b) insult the Tribunal or a Tribunal member; or
                  (c) create a disturbance, or take part in creating or
10                     continuing a disturbance, in or near a place where the
                       Tribunal is sitting.
                Penalty: $10 000.

     255.       Protection of Tribunal members, practitioners, witnesses
                and others
15      (1)     A Tribunal member has, in the performance of his or her
                functions as a Tribunal member, the same protection and
                immunity as a Judge of the Supreme Court has in the
                performance of his or her duties as a judge.
        (2)     A person representing a party before the Tribunal has the same
20              protection and immunity as a legal practitioner has in
                representing a party in proceedings in the Supreme Court.
        (3)     A party to a proceeding has the same protection and immunity
                as a party to proceedings in the Supreme Court.
        (4)     A person appearing as a witness before the Tribunal has the
25              same protection as a witness in proceedings in the Supreme
                Court.




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                                          Planning and Development Bill 2004
                                                        Appeals     Part 14
                                     Proceedings of the Tribunal Division 4
                                                                      s. 256



     256.    Evidentiary provision
             In all courts and before all persons and bodies authorised to
             receive evidence --
               (a) a document purporting to be a copy of a decision or
5                     order of the Tribunal and purporting to be certified by
                      the Registrar of the Tribunal to be such a copy is
                      admissible as a true copy of a decision or order of the
                      Tribunal; and
               (b) judicial notice is to be taken of the signature of the
10                    Registrar on a certificate mentioned in paragraph (a).

     257.    Who presides
             Where the Tribunal is constituted by more than one Tribunal
             member --
              (a) if the President is a member, the President presides;
15            (b) if the President is not a member but the deputy President
                    is, the deputy President presides;
              (c) if neither the President nor the deputy President is a
                    member but a senior member is, the senior member
                    presides or, if there is more than one, then the senior
20                  member nominated by the President for this purpose
                    presides; and
              (d) if the members are all ordinary members, then the
                    member nominated by the President for this purpose
                    presides.

25   258.    Representation
       (1)   A party to an appeal may --
              (a) appear personally; or
              (b) subject to subsection (4) be represented by an agent or
                    legal practitioner.




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     Planning and Development Bill 2004
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     Division 4     Proceedings of the Tribunal
     s. 259



        (2)     A person making a submission under section 262 may --
                 (a) appear personally; or
                 (b) be represented by an agent or, if any party to the appeal
                       is entitled to be so represented, by a legal practitioner.
5       (3)     An appellant in an appeal described in section 240(3)(a) may, at
                the time the appeal is commenced, elect that no party to the
                appeal is to be represented by a legal practitioner.
        (4)     If an appellant makes an election under subsection (3), no party
                to the appeal is entitled to be represented by a legal practitioner
10              unless --
                  (a) the President has given a direction under section 240(4)
                        in respect of the appeal;
                  (b) the President, having regard to whether the appeal
                        involves a question of law, directs in any other case that
15                      the parties may be so represented;
                  (c) the appellant is a legal practitioner; or
                  (d) the appellant withdraws the election.

     259.       Powers with respect to witnesses and evidence
                The Tribunal may --
20               (a) summon a person required by a party or by the Tribunal
                       to give evidence before it;
                 (b) examine a person on oath or affirmation; or
                 (c) require a person to produce any documents, plans or
                       other papers in the custody or control of the person.

25   260.       Tribunal to invite submissions from Minister for the
                Environment before determining certain appeals
                Before determining an appeal to the Tribunal from a decision
                referred to in section 281 or a decision relating to an
                environmental condition, the Tribunal is to invite the Minister
30              for the Environment to make a submission in respect of that
                appeal.

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                                     Proceedings of the Tribunal Division 4
                                                                      s. 261



     261.    Tribunal to have regard to certain matters
       (1)   In determining an appeal in accordance with this Part the
             Tribunal is to have due regard to relevant planning
             considerations including --
5              (a) any State planning policy which may affect the subject
                     matter of the appeal; and
               (b) any management programme for the time being in force
                     under Part 3 of the Swan River Trust Act 1988 which
                     may affect the subject matter of the appeal.
10     (2)   In the case of an appeal that relates to land to which the
             Heritage of Western Australia Act 1990 applies, and whether or
             not a State planning policy provides for the conservation of that
             land, the Tribunal --
               (a) is to refer the matter to the Heritage Council for advice;
15             (b) may receive and hear submissions made on behalf of the
                     Heritage Council;
               (c) may join the Heritage Council as a party to the appeal;
                     and
               (d) is to have due regard to the objects of the Heritage of
20                   Western Australia Act 1990.
       (3)   In determining an appeal against the determination of, or
             conditions imposed in respect of, an application for approval to
             subdivide a lot into not more than 3 lots, the Tribunal may have
             regard to claims of hardship raised by the appellant and proved
25           to the satisfaction of the Tribunal, if the Tribunal is of the
             opinion that such regard will not affect the application of sound
             planning principles.

     262.    Submissions from persons who are not parties
             The Tribunal may receive or hear submissions in respect of an
30           appeal from a person who is not a party to the appeal if the
             Tribunal is of the opinion that the person has a sufficient interest
             in the appeal.


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     Division 4     Proceedings of the Tribunal
     s. 263



     263.       Questions of law
                If the Tribunal is constituted without a member who is a legal
                practitioner, a question of law arising in the appeal may be
                decided in accordance with the opinion of the President.

5    264.       Written reasons for determination and publication of
                reasons
                The Tribunal is to --
                 (a) give each party to an appeal written reasons for the
                       determination of the Tribunal on the appeal;
10               (b) publish those reasons in the manner prescribed by the
                       regulations; and
                 (c) upon payment of a fee determined in the manner
                       prescribed by the regulations, supply a copy of those
                       reasons to any other person.

15   265.       Costs
        (1)     Each party to an appeal is to bear their own costs of the appeal
                except to the extent that provision is otherwise made under
                subsection (2) or (3).
        (2)     Where in the opinion of the Tribunal a party to an appeal has
20              behaved unreasonably, vexatiously or frivolously in relation to
                the appeal, the Tribunal may order that that party pay such costs
                as the Tribunal thinks fit to any other party who has not so
                behaved.
        (3)     The Tribunal may award such costs as it thinks fit against an
25              appellant who withdraws an appeal, and in favour of any other
                party to the appeal.
        (4)     If any costs ordered by the Tribunal to be paid by a party are not
                paid, the party so entitled may recover the costs from the party
                against whom the order was made in a court of competent
30              jurisdiction.



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                                                        Appeals     Part 14
                                     Proceedings of the Tribunal Division 4
                                                                      s. 266



     266.    Review by President
       (1)   The Tribunal constituted by the President may, of its own
             motion or upon an application made under subsection (3),
             review a direction, determination or order upon a matter
5            involving a question of law that was made by the Tribunal when
             constituted without a member who is a legal practitioner.
       (2)   The Tribunal constituted by the President may --
              (a) affirm the direction, determination or order; or
              (b) revoke the direction, determination or order and
10                  substitute another direction, determination or order that
                    the Tribunal could have made in relation to that matter.
       (3)   An application for a review of a direction, determination or
             order upon a matter involving a question of law may be made,
             in accordance with the regulations and rules by a party within
15           one month after the direction, determination or order is given to
             the party.
       (4)   The President is not to review a direction, determination or
             order upon a matter involving a question of law if the President
             has given an opinion on that question of law.
20     (5)   A review by the Tribunal --
              (a) of its own motion is not to be made later than one month
                    after the direction, determination or order is given to the
                    party; or
              (b) on the application of a party is not to be made later than
25                  one month after the application is made.

     267.    Appeal to Supreme Court on question of law
       (1)   Subject to subsection (2), a person aggrieved by a direction,
             determination, or order of the Tribunal in proceedings to which
             the person was a party may appeal to the Supreme Court against
30           the direction, determination or order.



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     Division 5     Intervention by Minister
     s. 268



        (2)     No appeal lies against a direction, determination, or order of the
                Tribunal except on a question of law.
        (3)     An appeal under this section is to be instituted within the time,
                and in accordance with the procedure, prescribed by rules of the
5               Supreme Court.
        (4)     The Supreme Court may make such order as to costs as it thinks
                fit in relation to an appeal to the Supreme Court under this
                section.

     268.       Determination of Tribunal final
10              On an appeal to the Tribunal the determination of the Tribunal
                is final except as provided in sections 266 and 267.

                     Division 5 -- Intervention by Minister
     269.       Minister may make submissions
        (1)     If it appears to the Tribunal that an appeal may be determined in
15              a way which will have a substantial effect on the future planning
                of the area in which the land the subject of the appeal is
                situated, the Tribunal may invite the Minister to make a
                submission as to the matters the Minister considers to be
                relevant to the issues before the Tribunal.
20      (2)     Irrespective of whether or not there has been an invitation under
                subsection (1), if it appears to the Minister that an appeal may
                be determined in a way which will have a substantial effect on
                the future planning of the area in which the land the subject of
                the appeal is situated, the Minister may make a submission as to
25              the matters which the Minister considers to be relevant to the
                issues before the Tribunal.
        (3)     A submission may be made by the Minister in writing or orally
                on behalf of the Minister by a representative who appears at a
                hearing of the appeal, and may be made at any time before the
30              determination of the appeal.



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                                                         Appeals     Part 14
                                         Intervention by Minister Division 5
                                                                       s. 270



       (4)   When a written submission has been made by the Minister, a
             copy is to be given by the Tribunal to the parties who are in any
             case to be given an opportunity of making further submissions
             to the Tribunal.
5      (5)   In this section --
               (a) where the area in which the land the subject of the
                      appeal is situated includes or comprises land or waters
                      that are within or abut the management area within the
                      meaning of the Swan River Trust Act 1988, "Minister"
10                    includes the Minister to whom the administration of that
                      Act is committed; and
               (b) where the area in which the land the subject of the
                      appeal is situated includes, or is included in, or abuts
                      any land or water to which an entry in the Register
15                    maintained under section 46 of the Heritage of Western
                      Australia Act 1990 relates, "Minister" includes the
                      Minister to whom the administration of that Act is
                      committed.

     270.    Minister may call in appeal
20     (1)   This section applies to an appeal if the Minister considers that
             the appeal raises issues of such State or regional importance that
             it would be appropriate for the appeal to be determined by the
             Minister.
       (2)   The Minister may direct --
25            (a) the Principal Registrar to refer an appeal to which this
                   section applies to the Minister for determination; or
              (b) the Tribunal to hear the appeal but, without determining
                   it, to refer it with recommendations to the Minister for
                   determination.
30     (3)   The Minister cannot give a direction under subsection (2) --
              (a) in respect of an appeal made to the Tribunal under the
                   Heritage of Western Australia Act 1990;


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     Part 14        Appeals
     Division 5     Intervention by Minister
     s. 271



                 (b)    more than 14 days after notice of the appeal was lodged
                        with the Tribunal; or
                  (c)   after a final determination has been made in relation to
                        the appeal.
5       (4)     The Minister, within 14 days after a direction is given, is to
                cause a copy of it to be published in the Gazette and, as soon as
                is practicable, is to cause a copy of it to be laid before, or
                transmitted in accordance with section 272(1) to the Clerk of
                each House of Parliament.
10      (5)     If the Minister gives a direction under subsection (2)(a), each
                party to the proceeding may present the case of that party to the
                Minister.
        (6)     The Minister is to have regard to the submissions of the parties
                and may have regard to any other submission received by the
15              Minister.
        (7)     A copy or transcript of any submission to which the Minister
                has regard is to be --
                  (a) given to each party; and
                  (b) published in the manner prescribed by the regulations.

20   271.       Determination of appeal by Minister
        (1)     In determining an appeal the Minister is not limited to planning
                considerations but may make the determination having regard to
                any other matter affecting the public interest.
        (2)     When the Minister determines an appeal that determination has
25              effect according to its tenor.
        (3)     When an appeal is referred to the Minister under
                section 270(2)(b) the Principal Registrar is to --
                  (a) give a copy of the recommendations that accompanied
                        the referral to each party within a reasonable time after
30                      the referral; and



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                                                      Appeals        Part 14
                                                 Miscellaneous    Division 6
                                                                       s. 272



              (b)    make a copy of the recommendations available during
                     office hours for inspection by any person without
                     charge.
       (4)   The Minister is to --
5              (a)   give to each party written reasons for the determination
                     of the Minister on the appeal;
              (b)    as soon as is practicable, cause a copy of those reasons
                     to be laid before each House of Parliament; and
               (c)   upon payment of a fee determined in the manner
10                   prescribed by the regulations, supply a copy of those
                     reasons to any other person.
       (5)   The decision of the Minister is final.

                         Division 6 -- Miscellaneous
     272.    Laying before House of Parliament that is not sitting
15     (1)   If section 270(4) requires the Minister, as soon as is practicable,
             to cause a copy of a direction to be laid before, or transmitted in
             accordance with this subsection to the Clerk of each House of
             Parliament, and --
               (a) at the commencement of the period of 14 days after the
20                    day on which the direction is given, a House of
                      Parliament is not sitting; and
               (b) the Minister is of the opinion that the House will not sit
                      during that period,
             the Minister is to transmit a copy of the direction to the Clerk of
25           that House.
       (2)   A copy of a direction transmitted to the Clerk of a House is to
             be regarded as having been laid before that House.
       (3)   The laying of a copy of a direction that is to be regarded as
             having occurred under subsection (2) is to be recorded in the
30           Minutes, or Votes and Proceedings, of the House on the first
             sitting day of the House after the Clerk received the copy.

                                                                       page 191
     Planning and Development Bill 2004
     Part 14        Appeals
     Division 6     Miscellaneous
     s. 273



     273.       Judicial notice of seal and signatures
                All courts, judges and persons acting judicially are to take
                notice of --
                  (a) the seal of the Tribunal;
5                 (b) the signature of the President, deputy President, any
                        other Tribunal member and the Principal Registrar; and
                  (c) the fact that that person is or was the President, deputy
                        President, Tribunal member or Principal Registrar, as
                        the case may be, at the relevant time.

10   274.       Immunity of Tribunal and officers
                No liability attaches to a Tribunal member or the Principal
                Registrar or any other officer of the Tribunal for any act or
                omission by that person, or by the Tribunal, in good faith, and in
                the exercise or purported exercise of that person's functions, or
15              the functions of the Tribunal, under this Act.

     275.       Rules
        (1)     The President is to make such rules under this Act regulating --
                 (a) the practice and procedure to be followed in, or for the
                       purposes of, an appeal;
20               (b) the forms to be used in relation to an appeal;
                 (c) the practice and procedure to be followed in the
                       mediation and conciliation of an appeal, and other
                       matters related to mediation and conciliation; and
                 (d) any other matters,
25              as are necessary or convenient for the efficient operation of the
                Tribunal.
        (2)     Without limiting subsection (1), the rules may empower the
                Tribunal to make and enforce such orders as it thinks necessary
                with respect to interlocutory and procedural matters, and for
30              those purposes the rules may apply all or any of the Rules of the
                Supreme Court 1971.

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                                          Planning and Development Bill 2004
                                                      Appeals       Part 14
                              Decisions which may be appealed    Division 7
                                                                      s. 276



       (3)   Section 42 of the Interpretation Act 1984 applies to rules made
             under this section.

             Division 7 -- Decisions which may be appealed
     276.    Appeal against decision under interim development order
5      (1)   Subject to subsection (2), if an applicant for approval under
             section 103(2) is aggrieved by the refusal to grant the approval
             or by the conditions subject to which the approval is granted,
             the applicant may appeal under this Part.
       (2)   No appeal is to be made or heard in respect of a development
10           that contravenes a provision of --
               (a) a local planning scheme;
               (b) a local law of a local government that is not superseded
                     by the interim development order; or
               (c) an Order made under Part 6, or Order in Council made
15                   under section 80, of the Heritage of Western Australia
                     Act 1990.

     277.    Appeal against decision in respect of development in
             planning control area
       (1)   An applicant whose application has under section 115 been --
20            (a) approved subject to conditions which are unacceptable
                    to the applicant; or
              (b) refused,
             may appeal against that approval or refusal under this Part.
       (2)   An appeal under subsection (1) in relation to any condition
25           which is imposed in consequence of advice given by the
             Heritage Council or by the operation of section 78 of the
             Heritage of Western Australia Act 1990 is to be referred to the
             Heritage Council for advice, and section 261 applies in relation
             to the appeal.



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     Planning and Development Bill 2004
     Part 14        Appeals
     Division 7     Decisions which may be appealed
     s. 278



     278.       Appeal against certain decisions under Part 10
        (1)     An applicant may appeal under this Part against a decision of
                the Commission to refuse to approve any plan, application for
                title, transfer, conveyance, lease, license to use and occupy, or
5               mortgage, in respect of which an application was made to the
                Commission.
        (2)     An applicant may appeal under this Part against conditions
                affixed to the granting of an approval referred to in
                subsection (1).
10      (3)     An applicant who makes a request under section 144(1)
                or 151(1) may appeal under this Part against a decision of the
                Commission made under section 144(2) or 151(2).
        (4)     An applicant given approval of a plan of subdivision who is
                aggrieved by the Commission's decision to refuse to endorse its
15              approval on a diagram or plan of survey of the subdivision
                submitted to the Commission under section 145 may appeal
                under this Part against the decision of the Commission.
        (5)     If the Commission refuses to endorse a plan or diagram of
                survey of a subdivision because a condition affixed to the
20              approval of the plan of subdivision has not been complied with,
                an appeal under subsection (4) may include an appeal against
                that condition.

     279.       Appeal against exercise of discretionary power under a
                planning scheme
25      (1)     Subject to subsection (3), if --
                 (a) under a local planning scheme or a region planning
                       scheme, the grant of any consent, permission, approval
                       or other authorisation is in the discretion of a
                       responsible authority;
30               (b) a person has applied to the responsible authority for
                       such a grant; and



     page 194
                                           Planning and Development Bill 2004
                                                       Appeals       Part 14
                               Decisions which may be appealed    Division 7
                                                                       s. 280



               (c)   the responsible authority has --
                        (i) refused the application; or
                       (ii) granted it subject to any condition,
             the applicant may appeal under this Part against the responsible
5            authority's decision.
       (2)   Subject to subsections (1) and (3), an applicant may appeal
             under this Part against the responsible authority's decision
             under a local planning scheme as to --
               (a) the classification of a use under the local planning
10                   scheme; or
               (b) the permissibility of a use that is not listed under the
                     local planning scheme.
       (3)   Subsections (1) and (2) do not affect the operation of a right of
             appeal given or taken to be given by a planning scheme, but
15           where rights are given or taken to be given by a planning
             scheme and under subsection (1) or (2), the exercise of one of
             those rights extinguishes the other right to appeal in respect of
             the same decision.

     280.    Notice of default for purposes of this Division
20     (1)   In this section --
             "applicant" includes a person making a request under
                  section 144(1), 145(1) or 151(1);
             "decision period" means --
                  (a) in the case of an application for approval of a plan of
25                       subdivision, the period of 90 days specified in
                         section 143(2) or any longer period after that day as
                         may be agreed between the Commission and the
                         applicant under section 143(2);
                  (b) in the case of an application for endorsement of
30                       approval on a diagram or plan of survey, the period
                         of 30 days specified in section 145(4) or any longer
                         period after that day as may be agreed between the

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     Planning and Development Bill 2004
     Part 14        Appeals
     Division 8     Other appeals
     s. 281



                           Commission and the applicant under section 145(4);
                           and
                     (c)   in the case of any other application, or a request,
                           referred to in subsection (2), the period of 60 days
5                          from the day on which the application or request was
                           made, or any longer period after that day as may be
                           agreed in writing between the responsible authority
                           and the applicant or person so requesting.
        (2)     If at any time after the end of the decision period the responsible
10              authority has not --
                  (a) approved, or refused to approve, an application referred
                        to in section 278(1);
                  (b) given notice of a decision on the request made under
                        section 144(1) or 151(1); or
15                (c) endorsed, or refused to endorse, a diagram or plan of
                        survey under section 145(3),
                the applicant may give written notice of default to the
                responsible authority.
        (3)     Where a notice of default is given to a responsible authority
20              under subsection (2), the applicant may appeal under this Part as
                if the responsible authority had refused to approve the
                application, plan or diagram, or had refused to alter or revoke
                the condition, as the case requires, on the day on which the
                notice of default was given to the responsible authority.

25                          Division 8 -- Other appeals
     281.       Appeal against decision under section 48I of EP Act
                If a responsible authority makes a decision under
                section 48I(3)(c) or (d) of the EP Act in respect of a proposal
                under an assessed scheme, the applicant promoting the proposal
30              may appeal under this Part against the decision.




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                                                      Appeals       Part 14
                                                Other appeals    Division 8
                                                                      s. 282



     282.    Appeal against section 214 direction
       (1)   A person to whom a direction is given under section 214 may
             appeal under this Part against the direction.
       (2)   If the Tribunal confirms or varies the direction, it may, by
5            written notice served on the person to whom the direction was
             given, direct the owner to comply with the direction as so
             confirmed or varied, within a period of not less than 40 days
             after service of the notice, as is specified in the notice.
       (3)   If the direction appealed against is confirmed or varied, the
10           person to whom the direction was given is to comply with it to
             the extent to which it is so confirmed or varied and within the
             time specified in the direction.




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     Planning and Development Bill 2004
     Part 15        Subsidiary legislation
     Division 1     Subsidiary legislation made by Minister
     s. 283



                      Part 15 -- Subsidiary legislation
            Division 1 -- Subsidiary legislation made by Minister
     283.       General provisions of planning schemes
        (1)     The Minister may make regulations prescribing a set of general
5               provisions (or separate sets of general provisions adapted for
                areas of any special character) for carrying out the general
                objects of local or region planning schemes, and in particular for
                dealing with the matters set out in Schedule 7.
        (2)     Where a planning scheme is made in respect of an area, any
10              general provision as amended from time to time that is --
                  (a) appropriate to the area; and
                  (b) in force when the scheme comes into force,
                has effect as part of the scheme, except so far as the scheme
                provides for the variation or exclusion of that provision.

15   284.       Court may order compensation in respect of certain
                breaches of general regulations
        (1)     The court by or before which a person is found guilty of an
                offence against regulations made under section 283 in respect of
                a region planning scheme may, whether or not it imposes any
20              other punishment, order that the person convicted pay
                compensation to the Commission for the costs of any repairs
                rendered necessary or any loss of property suffered or expenses
                incurred through or by means of the offence.
        (2)     An order made under subsection (1) may be enforced by
25              lodging a certified copy of it, and an affidavit stating to what
                extent it has not been complied with, with a court of competent
                jurisdiction.
        (3)     When lodged, the order is to be taken to be a judgment of the
                court and may be enforced accordingly.



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                                            Planning and Development Bill 2004
                                            Subsidiary legislation    Part 15
                          Subsidiary legislation made by Minister  Division 1
                                                                        s. 285



       (4)   An order made against a person under subsection (1), or the
             institution of proceedings or the finding of a person to be guilty
             under regulations made under section 283, does not affect any
             civil remedy against the person.
5      (5)   In any civil proceedings arising from the same circumstances --
               (a) any sum recovered under an order made under
                     subsection (1) is to be taken into account in the
                     assessment of any damages awarded; and
               (b) the record of any criminal proceedings under regulations
10                   made under section 283 in relation to an offence is to be
                     admissible as evidence of the matters determined in
                     those criminal proceedings and relevant to the issues.

     285.    Procedure and costs for local planning schemes
       (1)   The Minister may make regulations for regulating the procedure
15           to be observed --
               (a) with respect to the preparation or adoption of a local
                     planning scheme;
               (b) with respect to obtaining the approval of the Minister to
                     a local planning scheme so prepared or adopted;
20             (c) with respect to the review, amendment or repeal of a
                     local planning scheme;
               (d) with respect to any inquiries, reports, notices, or other
                     matters required in connection with the preparation,
                     adoption or approval of a local planning scheme, or
25                   preliminary to the preparation, adoption or approval of
                     the scheme; and
               (e) in relation to --
                        (i) the carrying out of a local planning scheme;
                       (ii) enforcing the observance of the provisions of a
30                           local planning scheme; and
                      (iii) the review, amendment or repeal of a local
                             planning scheme.


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     Planning and Development Bill 2004
     Part 15        Subsidiary legislation
     Division 1     Subsidiary legislation made by Minister
     s. 286



        (2)     Provision is to be made by the regulations for ensuring that --
                  (a) notice of the proposal to prepare or adopt a scheme is to
                        be given, at the earliest stage possible, to any local
                        government interested in the land;
5                 (b) the local government of the district in which any land
                        proposed to be included in a scheme is given --
                           (i) a notice of any proposal to prepare or adopt such
                                a scheme; and
                          (ii) a copy of the draft scheme before the scheme is
10                              made;
                        and
                  (c) the local government is entitled to be heard at any
                        inquiry held by the Minister in regard to the scheme.
        (3)     Without limiting the generality of subsection (1) regulations
15              made under that subsection with regard to the amendment of a
                scheme may require the payment by the owner of land of the
                costs incurred in the publication under the regulations of any
                notice prescribed in the regulations relating to an amendment to
                a local planning scheme where the amendment is made at the
20              request of that owner and is in respect of land owned by that
                owner.

     286.       Environmental review expenses
                The Minister may make regulations with respect to the persons
                from whom, and the means by which, a responsible authority
25              may recover expenses incurred by it in undertaking an
                environmental review required by the EP Act under
                section 48C(1)(a) of the EP Act.

     287.       Penalties
                Regulations made under this Division may prescribe penalties
30              not exceeding $5 000 for offences against the regulations.




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                                               Subsidiary legislation    Part 15
                           Subsidiary legislation made by Governor    Division 2
                                                                           s. 288



            Division 2 -- Subsidiary legislation made by Governor
     288.      Local government fees
       (1)     In this section --
               "fee" includes charge;
5              "issue" includes grant, give or renew;
               "licence" includes registration, right, permit, authority,
                    approval or exemption;
               "planning matter" means any matter arising under this Act in
                   relation to --
10                 (a) a local planning scheme;
                   (b) subdivision; or
                   (c) approval of development.
       (2)     The Governor may make regulations providing for, or in respect
               of --
15               (a) the licences and services in respect of planning matters
                     for which fees may be imposed by a local government;
                 (b) the fees that may be imposed for those licences and the
                     provision of those services, and the recovery of those
                     fees;
20               (c) any formula, index or other base to be used for the
                     purposes of calculating or ascertaining the fee;
                 (d) the payment or recovery of costs and expenses incurred
                     by the local government in issuing a licence or
                     providing a service in relation to a planning matter,
25                   including costs and expenses incurred by the local
                     government in obtaining specialist or expert advice
                     where, in the opinion of the local government, the
                     advice was necessary for the purpose of taking the
                     action or providing the service; and
30               (e) the liability of persons for payment to the local
                     government in respect of the issuing of a licence and the
                     provision of services and related costs and expenses.

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     Planning and Development Bill 2004
     Part 15        Subsidiary legislation
     Division 2     Subsidiary legislation made by Governor
     s. 289



        (3)     A local government is not to --
                 (a) impose any fee for the issue of a licence or the provision
                        of a service in relation to a planning matter; or
                 (b) require payments for costs and expenses incurred by the
5                       local government in issuing a licence or providing a
                        service in relation to a planning matter,
                unless the licence or service is prescribed under
                subsection (2)(a).
        (4)     A fee imposed for an application for approval of development
10              that has commenced or been carried out may include an amount
                prescribed by way of penalty.
        (5)     A local government is not to impose a fee for an action or
                service in relation to a planning matter that is inconsistent with a
                fee prescribed or provided for under this section.

15   289.       Uniform general local laws
        (1)     The Governor may make uniform general local laws, or separate
                sets of general local laws adapted for areas of any special
                character, for carrying into effect all or any of the purposes
                mentioned in Schedule 8.
20      (2)     Local laws made under subsection (1) --
                 (a) have the force of law in the district of any local
                        government which the Governor may from time to time
                        prescribe; and
                 (b) supersede the local laws made for the same or similar
25                      purpose by the local government of the district so
                        prescribed.
        (3)     The Governor may at any time repeal any by-law made under
                section 248 of the Local Government Act 1960.
        (4)     If a by-law made under section 248 of the Local Government
30              Act 1960, or a local law made under subsection (1), is
                inconsistent with any local planning scheme approved before or

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                                             Planning and Development Bill 2004
                                             Subsidiary legislation    Part 15
                         Subsidiary legislation made by Governor    Division 2
                                                                         s. 290



             after the making of the by-law or local law, and having effect in
             the district, or in part of the district, in which the by-law or local
             law is in force, then to the extent of such inconsistency, and in
             the part of the district in which the local planning scheme has
5            effect, the provisions of the local planning scheme prevail.
       (5)   In subsection (4) reference to a local planning scheme includes
             a reference to a redevelopment scheme approved under Part 4 of
             the East Perth Redevelopment Act 1991, Part 4 of the Subiaco
             Redevelopment Act 1994, Part 4 of the Midland Redevelopment
10           Act 1999 or under Part 4 of the Armadale Redevelopment
             Act 2001 or a master plan approved under Part 3 of the Hope
             Valley-Wattleup Redevelopment Act 2000.
       (6)   If any property is injuriously affected by the operation of any
             by-law made under section 248 of the Local Government
15           Act 1960 or local law under subsection (1), the provisions of
             Part 11 apply as if the by-law or local law were a planning
             scheme, and as if the resolution making the by-law or local law
             were a resolution to prepare a planning scheme.

     290.    Governor may make regulations
20     (1)   The Governor may make regulations prescribing all matters that
             are required or permitted by this Act to be prescribed or are
             necessary or convenient to be prescribed for giving effect to the
             purposes of this Act.
       (2)   Without limiting subsection (1), regulations made under that
25           subsection may --
               (a) make provision for or with respect to the making of
                    applications and the manner in which applications are to
                    be made and the procedure to be followed;
               (b) prescribe forms and fees;
30             (c) prescribe the rights, powers and privileges given to, and
                    duties imposed on, a convenantee or other person or
                    authority specified in the regulations where road access
                    is restricted or prohibited as set out in a condition


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     Division 3     General
     s. 291



                        referred to in section 150 and provide for the
                        modification or discharge of, and other matters related
                        to, a covenant referred to in that section;
                 (d)    prescribe the rights, powers and privileges given to a
5                       specified person or authority where an easement for a
                        specified purpose has effect in favour of that person or
                        authority under section 167;
                  (e)   make provision for or with respect to any matter for or
                        with respect to which rules may be made;
10                (f)   impose a penalty not exceeding $50 000 for offences
                        against the regulations.
        (3)     A fee imposed for an application for approval of development
                that has commenced or been carried out may include an amount
                prescribed by way of penalty.
15      (4)     To the extent that a regulation made under this section is
                inconsistent with or contrary to a regulation made under
                Division 1, the regulation made under Division 1 prevails.
        (5)     If a regulation is inconsistent with a rule, the regulation prevails
                to the extent of the inconsistency.

20                              Division 3 -- General
     291.       Regulations may adopt codes and other texts
        (1)     A regulation made under this Act may adopt the text of any
                code, rules, specifications or standard issued by the Standards
                Association of Australia or by such other body as is specified in
25              the regulation.
        (2)     A regulation prescribing fees payable on application to the
                Board of Valuers may adopt the text of all or any of the
                maximum amount of remuneration fixed under section 25 of the
                Land Valuers Licensing Act 1978 for the various kinds of
30              services rendered by licensed valuers and those maximum
                amounts of remuneration, if so adopted, are taken to be fees


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           prescribed as fees payable on application to the Board of
           Valuers.
     (3)   The text may be adopted --
            (a) wholly or in part;
5           (b) as modified by the regulations;
            (c) as it exists at a particular date or as amended from time
                  to time.
     (4)   The adoption may be direct, by reference made in the
           regulation, or indirect, by reference made in any text that is
10         itself directly or indirectly adopted.




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     Part 16        Miscellaneous

     s. 292



                           Part 16 -- Miscellaneous
     292.       Delegation by Minister
        (1)     The Minister may, by instrument, delegate to a person or body
                any function of the Minister under this Act, except this power of
5               delegation.
        (2)     The Minister is to cause the name or title of the delegate to be
                published in the Gazette as soon as is practicable after the
                making of the delegation concerned.
        (3)     A delegate cannot subdelegate the exercise or performance of
10              any function unless the delegate is expressly authorised by the
                instrument of delegation to do so.
        (4)     A delegate exercising or performing a function as authorised
                under this section is to be taken to do so in accordance with the
                terms of the delegation unless the contrary is shown.
15      (5)     Nothing in this section limits the ability of the Minister to act
                through an officer or agent.

     293.       Duties and liabilities of persons performing functions under
                this Act
        (1)     In this section --
20              "function" means a function in connection with the carrying
                    out of this Act;
                "meeting" means a meeting held in connection with the
                    carrying out of this Act;
                "member" means any of the following --
25                  (a) a member;
                    (b) an associate member;
                    (c) a member of a committee established under
                          Schedule 2;
                    (d) a member of a public authority;
30                  (e) a member of a local government.

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     (2)   A member must at all times act honestly in the performance of a
           function.
           Penalty: $5 000.
     (3)   Where a matter is before a meeting for consideration and a
5          member participating in the meeting has a direct or indirect
           pecuniary interest in the matter, the member --
             (a) as soon as possible after the relevant facts have come to
                  the member's knowledge is to disclose that the member
                  has such an interest to the other members participating
10                in the meeting; and
             (b) after disclosure of the interest is not to --
                     (i) be present during any consideration or discussion
                          of the matter; or
                    (ii) vote on the matter.
15         Penalty: $5 000.
     (4)   A disclosure under subsection (3) is to be recorded in the
           minutes of the meeting.
     (5)   A member is not to disclose any information acquired by virtue
           of the performance of any function unless the disclosure is
20         made --
             (a) in connection with the carrying out of this Act or under
                   a legal duty; or
             (b) for the purposes of any proceedings arising out of this
                   Act or any report of such proceedings.
25         Penalty: $5 000.
     (6)   A member is not to make improper use of information acquired
           by virtue of the performance of any function to gain, directly or
           indirectly, an advantage for himself or herself or to cause
           detriment to the Commission.
30         Penalty: $5 000.




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     s. 294



        (7)     A member who commits a breach of any provision of this
                section is liable for any profit made by the member or for any
                damage suffered by the Commission as a result of the breach of
                that provision.
5       (8)     This section is in addition to and not in derogation of any other
                law relating to the duty or liability of the holder of a public
                office.

     294.       Protection from liability for wrongdoing
        (1)     In this section --
10              "member" means any of the following --
                     (a) a member;
                     (b) an associate member;
                     (c) a member of a committee established under
                            Schedule 2.
15      (2)     An action in tort does not lie against a member, or an officer of
                the Commission, for anything that the person has done, in good
                faith, in the performance or purported performance of a function
                under this Act or any other written law.
        (3)     The protection given by subsection (2) applies even though the
20              thing done as described in that subsection may have been
                capable of being done whether or not this Act or any other
                written law had been enacted.
        (4)     Despite subsection (2), neither the Commission nor the State is
                relieved of any liability that it might have for another person
25              having done anything as described in that subsection.
        (5)     In this section, a reference to the doing of anything includes a
                reference to an omission to do anything.




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                                                                            s. 295



    295.    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
            expiry of 5 years from the commencement of this section.
5     (2)   The Minister is to prepare a report based on the review and, as
            soon as is practicable after the report is prepared, is to cause the
            report to be laid before each House of Parliament.




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     Schedule 1         Constitution and proceedings of the board



          Schedule 1 -- Constitution and proceedings of the board
                                                                                   [s. 12]

     1.          Terms used in this Schedule
                 In this Schedule --
5                "appointed member" means a member appointed under
                     section 10(1)(a) or (b).

     2.          Term of office
           (1)   An appointed member or an associate member holds office for such
                 period, not exceeding 5 years, as is specified in the instrument of his
10               or her appointment, and is eligible for reappointment.
           (2)   Despite subclause (1), if the period of office of an appointed member
                 or associate member expires by effluxion of time without a person
                 having been appointed to fill the vacancy, the appointed member or
                 associate member continues in office until a person is appointed to fill
15               the vacancy.

     3.          Extent of duties
           (1)   A member may be appointed on terms that require the member's
                 duties to be performed on a full time basis.
           (2)   Except as provided in subclause (1), appointment as a member or
20               associate member is to be on a part time basis.

     4.          Resignation and removal
           (1)   The office of an appointed member or associate member becomes
                 vacant if --
                   (a) the appointed member or associate member resigns the office
25                        by written notice addressed to the Minister;
                   (b) the appointed member or associate member is an insolvent
                          under administration within the meaning of that term in the
                          Corporations Act 2001 of the Commonwealth;
                   (c) in the case of a member appointed under section 10(1)(b)(i)
30                        or (ii) who holds office on the council of a local government
                          at the time of appointment, the member ceases to hold office
                          on the council of the local government;

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                  (d)   in the case of an appointed member, the appointed member is
                        absent, without leave of the Minister, from 3 consecutive
                        meetings of which the appointed member has had notice;
                  (e)   in the case of an associate member, the associate member is
5                       absent, without leave of the Minister, from 3 consecutive
                        meetings which the associate member was requested to attend
                        under section 11(4); or
                  (f)   the appointed member or associate member is removed from
                        office by the Governor under subclause (3).
10        (2)   Despite subclause (1)(c), a member referred to in that paragraph may
                continue in office until --
                  (a)   a person is appointed to fill the vacancy; or
                  (b)   a period of 3 months elapses after the vacancy arises,
                whichever is the sooner.
15        (3)   The Governor may remove an appointed member or an associate
                member from office if the Governor is satisfied that the member --
                  (a)   is incompetent, has misbehaved or has neglected his or her
                        duties as a member; or
                  (b)   is suffering from mental or physical incapacity impairing the
20                      performance of his or her functions.

     5.         Leave of absence
                The Minister may grant leave of absence to a member on such terms
                and conditions as the Minister thinks fit.

     6.         Deputy chairperson
25        (1)   The Governor, on the recommendation of the Minister, may appoint a
                person to be deputy chairperson.
          (2)   A person appointed under subclause (1) may resign as deputy
                chairperson at any time by written notice given to the Minister.
          (3)   The Governor, on the recommendation of the Minister, may revoke
30              the appointment of the deputy chairperson.




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     Schedule 1        Constitution and proceedings of the board



          (4)   Where the chairperson is unable to act because of sickness, absence or
                other cause, the deputy chairperson is to act in the chairperson's
                place.
          (5)   No act or omission of the deputy chairperson acting in place of the
5               chairperson under this clause may be questioned on the ground that
                the occasion for the acting had not arisen or had ceased.

     7.         Deputy members
          (1)   The Governor may appoint a person to be the deputy of the member
                referred to in section 10(1)(b)(i) or (ii), in which case
10              section 10(1)(b)(i) or (ii), (2) and (3) apply with any necessary
                modifications to and in relation to that appointment.
          (2)   If a member, other than the chairperson, is unable to act because of
                sickness, absence or other cause, the deputy of the member may act in
                the place of that member, and while so acting that deputy member is
15              taken to be a member.
          (3)   An act or omission of a deputy member cannot be questioned on the
                ground that the occasion for the deputy member's acting had not
                arisen or had ceased.
          (4)   The Governor, on the recommendation of the Minister, may revoke
20              the appointment of a deputy member.

     8.         Meetings
          (1)   Subject to subclause (2), meetings are to be held at such times and
                places as the board determines.
          (2)   A special meeting of the board may, on reasonable notice to all
25              members, be convened by the chairperson or any 2 members.
          (3)   The chairperson is to preside at all meetings of the board at which he
                or she is present, or in which he or she is participating under
                clause 10.
          (4)   If both the chairperson and the deputy chairperson are not present or
30              participating, the members present or participating are to appoint a
                member to preside.




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           (5)   At any meeting of the board a number of members equal to at least
                 one half of the number of members provided for by section 10
                 constitute a quorum.
           (6)   Questions arising at a meeting of the board are to be decided, in open
5                voting, by a majority of the votes of members and associate members
                 present.
           (7)   If the votes of members and associate members present at a meeting
                 and voting on a question are equally divided, the person presiding has
                 a casting vote in addition to a deliberative vote.

10   9.          Resolution without meeting
                 A written resolution signed by each member or assented to by each
                 member by letter or facsimile is as effectual as if it had been passed at
                 a meeting of the board.

     10.         Telephone or similar meetings
15               A communication between a majority of the members by telephone,
                 audio-visual or other electronic means is a valid meeting of the board
                 if --
                   (a)   each participating member is capable of communicating with
                         every other participating member instantaneously at all times
20                       during the proceedings; and
                   (b)   all members were advised that the communication would be
                         taking place and were given the opportunity to participate.

     11.         Minutes of meetings
                 The board is to cause accurate records to be kept of the proceedings at
25               its meetings.

     12.         Procedures
                 Subject to this Act, the board is to determine its own procedures.




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     Schedule 2         Committees



                            Schedule 2 -- Committees
                                                                                  [s. 19]

     1.         Committees -- general
          (1)   In addition to the committees established under clauses 3 to 9, the
5               Commission may from time to time establish other committees.
          (2)   Subject to this Schedule, the Commission may --
                  (a)   prescribe the constitution of a committee;
                  (b)   authorise a committee to establish a subcommittee;
                  (c)   appoint --
10                         (i)   members;
                          (ii)   members and other persons; or
                         (iii)   persons other than members,
                        to be members or deputy members of a committee;
                  (d)   discharge, alter or reconstitute a committee.
15        (3)   The office of a member who --
                  (a)   is appointed to a committee by the Commission to represent
                        the interests of local government; and
                  (b)   at the time of appointment holds office on the council of a
                        local government,
20              becomes vacant if the member ceases to hold office on the council of
                the local government.
          (4)   Despite subclause (3), a member referred to in that subclause may
                continue in office until --
                  (a)   a person is appointed to fill the vacancy; or
25                (b)   a period of 3 months elapses after the vacancy arises,
                whichever is the sooner.
          (5)   The Commission may give directions to a committee with respect to
                the performance of its functions, either generally or with respect to a
                particular matter, and the committee is to give effect to those
30              directions.


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                                                         Committees        Schedule 2



          (6)   Subject to the directions of the Commission and to the terms of any
                delegation under section 16, a committee may determine its own
                procedures.

     2.         Deputy members -- local government representatives
5         (1)   The Commission, with the approval of the Minister, may appoint a
                person to be a deputy of a member of a committee appointed under
                clause 4(2)(f), 5(2)(f), 6(2)(j), 7(2)(h), 7(2)(i) or 8(2)(d).
          (2)   If a member of a committee referred to in subclause (1) is unable to
                act because of sickness, absence or other cause, the deputy of the
10              member may act in the place of that member, and while so acting that
                deputy member is taken to be a member of that committee.
          (3)   An act or omission of a deputy member cannot be questioned on the
                ground that the occasion for the deputy member's acting had not
                arisen or had ceased.
15        (4)   The Commission may revoke the appointment of a deputy member.

     3.         Executive, Finance and Property Committee
          (1)   The Commission is to establish a committee to be known as the
                Executive, Finance and Property Committee.
          (2)   The Executive, Finance and Property Committee is to consist of --
20                (a) the chairperson, or a person nominated by that person and
                       approved by the Minister;
                  (b)   the chief executive officer, or a person nominated by that
                        person and approved by the Minister;
                  (c)   one other member of the board appointed by the Commission;
25                      and
                  (d)   such other person or persons as the Commission, after
                        obtaining the approval of the Minister, appoints from time to
                        time.
          (3)   The Executive, Finance and Property Committee is to perform such of
30              the administrative, financial and property functions of the
                Commission under this Act or any other written law as are delegated
                to the Executive, Finance and Property Committee under section 16
                and such other functions as are delegated to it under that section.


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     Schedule 2         Committees



     4.         Statutory Planning Committee
          (1)   The Commission is to establish a committee to be known as the
                Statutory Planning Committee.
          (2)   Subject to subclause (5), the Statutory Planning Committee is to
5               consist of --
                  (a)   the chairperson, or a person nominated by that person and
                        approved by the Minister;
                  (b)   the chief executive officer, or a person nominated by that
                        person and approved by the Minister;
10                (c)   the member of the board referred to in section 10(1)(c)(viii)
                        or a deputy appointed under subclause (3);
                  (d)   a person approved by the Minister and appointed by the
                        Commission as having practical knowledge of and experience
                        in community affairs;
15                (e)   a person approved by the Minister and appointed by the
                        Commission as having practical knowledge of and experience
                        in one or more of the fields of urban and regional planning,
                        commerce and industry, engineering, surveying, valuation,
                        transport, housing, heritage, environmental conservation,
20                      natural resource management, urban design, the planning and
                        provision of community services or infrastructure;
                  (f)   a person approved by the Minister and appointed by the
                        Commission to represent the interests of local governments;
                        and
25                (g)   such other person or persons as the Commission, after
                        obtaining the approval of the Minister, appoints from time to
                        time.
          (3)   The Commission, for the purpose of subclause (2)(c), is to appoint a
                person nominated by the Regional Minister and approved by the
30              Minister to be the deputy of the member referred to in
                section 10(1)(c)(viii).
          (4)   The Statutory Planning Committee is to perform such of the functions
                of the Commission under this Act and Part II of the Strata Titles
                Act 1985 as are delegated to the Statutory Planning Committee under
35              section 16 and such other functions as are delegated to it under that
                section.

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          (5)   Should the Commission delegate to the Statutory Planning Committee
                under section 16 not only the functions of the Commission under this
                Act in relation to planning schemes referred to in sections 33(2)
                and 34 and Part II of the Strata Titles Act 1985 but also the functions
5               of the Commission in relation to the Metropolitan Region Scheme, the
                Statutory Planning Committee may perform those latter functions
                only if the Statutory Planning Committee consists not merely of the
                persons referred to in subclause (2) but also of --
                  (a)   a member of the council of the City of Perth who is
10                      nominated for appointment as a member of the Statutory
                        Planning Committee by that council and approved by the
                        Minister; and
                  (b)   5 persons, each of whom is the chairperson of a district
                        planning committee (other than the District Planning
15                      Committee for the City of Perth), or persons nominated by
                        those persons and approved by the Minister.

     5.         Sustainable Transport Committee
          (1)   The Commission is to establish a committee to be known as the
                Sustainable Transport Committee.
20        (2)   The Sustainable Transport Committee is to consist of --
                  (a)   the chairperson, or a person nominated by that person and
                        approved by the Minister;
                  (b)   the chief executive officer, or a person nominated by that
                        person and approved by the Minister;
25                (c)   the member of the board referred to in section 10(1)(c)(viii)
                        or a deputy appointed under subclause (3);
                  (d)   the member of the board referred to in section 10(1)(c)(iii), or
                        a person nominated by that person and approved by the
                        Minister;
30                (e)   the Commissioner within the meaning of the Main Roads
                        Act 1930, or a person nominated by that person and approved
                        by the Minister;
                  (f)   a person approved by the Minister and appointed by the
                        Commission to represent the interests of local governments;
35                      and



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                  (g)   such other person or persons as the Commission, after
                        obtaining the approval of the Minister, appoints from time to
                        time.
          (3)   The Commission for the purposes of subclause (2)(c), is to appoint a
5               person nominated by the Regional Minister and approved by the
                Minister to be the deputy of the member referred to in
                section 10(1)(c)(viii).
          (4)   The Sustainable Transport Committee is to advise the Commission on
                all matters relating to transport planning throughout the State and to
10              perform such of the functions of the Commission under this Act or
                any other written law as are delegated to the Sustainable Transport
                Committee under section 16.

     6.         Infrastructure Coordinating Committee
          (1)   The Commission is to establish a committee to be known as the
15              Infrastructure Coordinating Committee.
          (2)   The Infrastructure Coordinating Committee is to consist of --
                  (a)   the chairperson, or a person nominated by that person and
                        approved by the Minister;
                  (b)   each member of the board referred to in section 10(1)(c)(i) or
20                      (iii), or a person nominated by that member and approved by
                        the Minister;
                  (c)   the chief executive officer of the department principally
                        assisting in the administration of the Water Agencies
                        (Powers) Act 1984, or a person nominated by that chief
25                      executive officer and approved by the Minister;
                  (d)   the Coordinator of Energy referred to in section 4 of the
                        Energy Coordination Act 1994 or a person nominated by that
                        person and approved by the Minister;
                  (e)   the chief executive officer of the department referred to in
30                      section 228 of the School Education Act 1999, or a person
                        nominated by that person and approved by the Minister;
                  (f)   the CEO as defined in section 3 of the Health Legislation
                        Administration Act 1984, or a person nominated by that
                        person and approved by the Minister;



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                  (g)   the chief executive officer of the department principally
                        assisting in the administration of the Regional Development
                        Commissions Act 1993, or a person nominated by that person
                        and approved by the Minister;
5                 (h)   the chief executive officer of the department principally
                        assisting in the administration of the Government Agreements
                        Act 1979, or a person nominated by that person and approved
                        by the Minister;
                  (i)   the chief executive officer of the department principally
10                      assisting in the administration of the Mining Act 1978, or a
                        person nominated by that person and approved by the
                        Minister;
                  (j)   a person approved by the Minister and appointed by the
                        Commission to represent the interests of local governments;
15                (k)   not less than one person approved by the Minister and
                        appointed by the Commission as having practical knowledge
                        of and experience in one or more of the fields of urban and
                        regional planning, business management, property
                        development, financial management, engineering, surveying,
20                      valuation, transport, housing, heritage, environmental
                        conservation, natural resource management or urban design;
                  (l)   such other person or persons as the Commission, after
                        obtaining the approval of the Minister, appoints from time to
                        time.
25        (3)   The Infrastructure Coordinating Committee is to advise the
                Commission on planning for the provision of physical and community
                infrastructure throughout the State and to perform such of the
                functions of the Commission under this Act or any other written law
                as are delegated to the Infrastructure Coordinating Committee under
30              section 16.

     7.         Coastal Planning and Coordination Council
          (1)   The Commission is to establish a committee to be known as the
                Coastal Planning and Coordination Council.
          (2)   The Coastal Planning and Coordination Council is to consist of --
35                (a)   a presiding member who is to be the member of the board
                        referred to in section 10(1)(b)(iii);

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                  (b)   the chief executive officer, or a person nominated by that
                        person and approved by the Minister;
                  (c)   the member of the board referred to in section 10(1)(c)(iv), or
                        a person nominated by that member and approved by the
5                       Minister;
                  (d)   the chief executive officer of the department principally
                        assisting in the administration of the Conservation and Land
                        Management Act 1984, or a person nominated by that person
                        and approved by the Minister;
10                (e)   the chief executive officer of the department principally
                        assisting in the administration of the Fish Resources
                        Management Act 1994, or a person nominated by that person
                        and approved by the Minister;
                  (f)   the chief executive officer of the department principally
15                      assisting in the administration of the Mining Act 1978, or a
                        person nominated by that person and approved by the
                        Minister;
                  (g)   the chief executive officer of the Western Australian Tourism
                        Commission established by the Western Australian Tourism
20                      Commission Act 1983, or a person nominated by that person
                        and approved by the Minister;
                  (h)   a person approved by the Minister and appointed by the
                        Commission to represent the interests of local governments
                        within the metropolitan region;
25                (i)   a person approved by the Minister and appointed by the
                        Commission to represent the interests of local governments
                        outside the metropolitan region;
                  (j)   at least 2 persons approved by the Minister and appointed by
                        the Commission as having practical knowledge of and
30                      experience in one or more of the fields of urban and regional
                        planning, property development, engineering, heritage,
                        community affairs, environmental conservation, indigenous
                        affairs, natural resources management, tourism, coastal
                        planning, urban design, commerce and industry or the
35                      provision of coastal infrastructure; and
                  (k)   such other person or persons as the Commission, after
                        obtaining the approval of the Minister, appoints from time to
                        time.

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          (3)   The Coastal Planning and Coordination Council is to advise the
                Commission on matters relating to coastal planning and coordination
                throughout the State and to perform such of the functions of the
                Commission under this Act or any other written law as are delegated
5               to the Coastal Planning and Coordination Council under section 16.

     8.         Regional planning committees
          (1)   The Commission may establish a regional planning committee for the
                whole or any part of a region referred to in Schedule 4 if the
                Commission is satisfied that the need for the regional planning
10              committee exists.
          (2)   A regional planning committee is to consist of --
                  (a) the chairperson, or a person nominated by that person and
                        approved by the Minister;
                  (b) the chief executive officer, or a person nominated by that
15                      person and approved by the Minister;
                  (c) a person approved by the Minister and appointed by the
                        Commission as having practical knowledge of and experience
                        in community affairs;
                  (d) not less than 2 persons approved by the Minister and
20                      appointed by the Commission from a list of the names of
                        persons representing the interests of the local governments
                        within the whole or part of the regions for which the regional
                        planning committee is established submitted to the
                        Commission by WALGA;
25                (e) a person nominated by the Regional Minister, approved by
                        the Minister and appointed by the Commission to represent
                        the interests of the commission or commissions within the
                        meaning of the Regional Development Commissions Act 1993
                        within the whole or part of the region for which the regional
30                      planning committee is established;
                   (f) a person approved by the Minister and appointed by the
                        Commission as having practical knowledge of and experience
                        in one or more of the fields of urban and regional planning,
                        commerce and industry, engineering, surveying, valuation,
35                      transport, housing, heritage, environmental conservation,
                        natural resource management, urban design, the planning and
                        provision of community services or infrastructure, or
                        community affairs; and

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     Planning and Development Bill 2004



     Schedule 2         Committees



                  (g)   such other person or persons as the Commission, after
                        obtaining the approval of the Minister, appoints from time to
                        time.
          (3)   When the submission of a list of names is required for the purposes of
5               subclause (2)(d), that submission is to be made to the Commission in
                writing signed on behalf of WALGA within such reasonable time
                after the receipt by WALGA of a notice from the Commission stating
                that submission is required as is specified in the notice.
          (4)   If a submission is not made under subclause (3) within the time
10              specified under that subclause, the Commission may appoint such
                persons as it thinks fit to be members of the regional planning
                committee in place of the persons provided for in subclause (2)(d).
          (5)   A regional planning committee is to --
                  (a)   advise the Commission on planning for the region, or part of
15                      the region, for which the regional planning committee is
                        established;
                  (b)   make recommendations to the Commission on the need for,
                        and the extent and content of, region planning schemes; and
                  (c)   perform such of the functions of the Commission under this
20                      Act, the Strata Titles Act 1985 and any other written law as
                        are delegated to the committee under section 16.

     9.         District planning committees
          (1)   The --
                  (a)   City of Perth; and
25                (b)   groups of local governments referred to in Schedule 5,
                are each to establish a district planning committee.
          (2)   A district planning committee --
                  (a)   in the case of the City of Perth, is to consist of the City of
                        Perth Planning Committee for the time being; and
30                (b)   in the case of a district planning committee established by a
                        group of local governments, is to consist of one member
                        appointed by each of the local governments in the group to
                        represent that local government.


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                                                     Committees        Schedule 2



     (3)   A member appointed under subclause (2)(b) is to be the mayor or a
           councillor or member, as the case requires, of the local government.
     (4)   If a local government does not appoint a member under
           subclause (2)(b), the Governor may appoint a person qualified under
5          subclause (3) to be the member representing the local government.
     (5)   A district planning committee --
             (a) is to assist and advise the Commission;
             (b)   may, and at the direction of the Commission is to, make
                   inquiries into and report and formulate recommendations in
10                 relation to the Metropolitan Region Scheme so far as it relates
                   to the area or part of the area comprising the district which
                   the district planning committee represents; and
             (c)   perform such of the functions of the Commission under this
                   Act and any other written law as are delegated to the
15                 committee under section 16.
     (6)   A district planning committee --
             (a)   is to present its reports and recommendations to the
                   Commission; and
             (b)   if directed under subclause (5)(b), is to present the report and
20                 recommendations within the time stipulated in the direction
                   or such extended time as the Minister may authorise.




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     Planning and Development Bill 2004



     Schedule 3        Metropolitan region



                       Schedule 3 -- Metropolitan region
                                                                                   [s. 4]
                All that portion of the State bounded by a line starting from the
                south-western corner of Swan Location 2745 (South Latitude
5               31 degrees 27 minutes 23.105 seconds, East Longitude 115 degrees
                33 minutes 35.604 seconds), being a point on the northernmost
                northern boundary of the local government district of Wanneroo, and
                extending easterly, generally southerly, again easterly, again generally
                southerly and again easterly along the boundaries of that district to the
10              intersection of the prolongation northerly of the eastern boundary of
                Location 1584 with the prolongation westerly of the northern
                boundary of Location 2478, being a north-western corner of the local
                government district of Swan; thence generally easterly, generally
                northerly, generally easterly, southerly, easterly and again southerly
15              along the boundaries of that district to the easternmost south-eastern
                corner of Location 1817, being a point on the northernmost northern
                boundary of the local government district of Mundaring; thence
                easterly, generally southerly, again easterly, again generally southerly,
                generally westerly, again southerly, again easterly, again southerly
20              and again westerly and generally north-westerly along boundaries of
                the local government district of Mundaring to the intersection of the
                left bank of the Darkin River with the prolongation northerly of the
                western boundary of late pre-emptive Poison Right 8/228, being the
                easternmost north-eastern corner of the local government district of
25              Kalamunda; thence southerly along the easternmost eastern boundary
                of the local government district of Kalamunda to the prolongation east
                of the southern boundary of Canning Location 710, being a
                north-eastern corner of the local government district of Armadale;
                thence generally southerly, generally south-easterly, westerly and
30              south-westerly along the boundaries of the local government district
                of Armadale to the 33 Mile Post on the north-eastern side of Albany
                Highway, being a north-eastern corner of the local government district
                of Serpentine-Jarrahdale; thence generally south-easterly, southerly,
                generally westerly and northerly along boundaries of the local
35              government district of Serpentine-Jarrahdale to the north-eastern
                corner of Lot 3 of Cockburn Sound Location 16, as shown on
                Department within the meaning of the Transfer of Land Act 1893
                Diagram 2909, being a south-eastern corner of the local government
                district of Rockingham; thence generally westerly along the


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                                  Planning and Development Bill 2004



                                    Metropolitan region     Schedule 3



    boundaries of the local government district of Rockingham to the
    south-western corner of Lot 236 as shown on Department within the
    meaning of the Transfer of Land Act 1893 Plan 7931(2), (South
    Latitude 32 degrees 27 minutes 24.586 seconds, East Longitude
5   115 degrees 44 minutes 52.324 seconds); thence west 17 820.4 metres
    to East Longitude 115 degrees 33 minutes 30 seconds; thence north
    110 932.1 metres to South Latitude 31 degrees 27 minutes
    23.105 seconds and thence east 148 metres to the starting point.




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     Planning and Development Bill 2004



     Schedule 4        Other regions



                          Schedule 4 -- Other regions
                                                                            [s. 4, 11]
     Item        Region

     1.         Gascoyne Region
5               The districts of Carnarvon, Exmouth, Shark Bay and Upper
                Gascoyne.

     2.         Goldfields-Esperance Region
                The districts of Kalgoorlie-Boulder, Coolgardie, Dundas, Esperance,
                Laverton, Leonora, Menzies, Ngaanyatjarraku and Ravensthorpe.

10   3.         Great Southern Region
                The districts of Albany (Town), Albany (Shire), Broomehill,
                Cranbrook, Denmark, Gnowangerup, Jerramungup, Katanning, Kent,
                Kojonup, Plantagenet, Tambellup and Woodanilling.

     4.         Kimberley Region
15              The districts of Broome, Derby-West Kimberley, Hall's Creek and
                Wyndham-East Kimberley.

     5.         Mid West Region
                The districts of Geraldton, Carnamah, Chapman Valley, Coorow,
                Cue, Greenough, Irwin, Meekatharra, Mingenew, Morawa, Mount
20              Magnet, Mullewa, Murchison, Northampton, Perenjori, Sandstone,
                Three Springs, Wiluna and Yalgoo.

     6.         Peel Region
                The districts of Mandurah, Boddington, Murray and Waroona.

     7.         Pilbara Region
25              The districts of Port Hedland, Ashburton, East Pilbara and Roebourne.




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                                        Planning and Development Bill 2004



                                                Other regions      Schedule 4



     8.   South West Region
          The districts of Bunbury, Augusta-Margaret River, Boyup Brook,
          Bridgetown-Greenbushes, Busselton, Capel, Collie, Dardanup,
          Donnybrook-Balingup, Harvey, Manjimup and Nannup.

5    9.   Wheatbelt Region
          The districts of Narrogin (Town), Northam (Town), Beverley,
          Brookton, Bruce Rock, Chittering, Corrigin, Cuballing, Cunderdin,
          Dandaragan, Dalwallinu, Dowerin, Dumbleyung, Gingin,
          Goomalling, Kellerberrin, Kondinin, Koorda, Kulin, Lake Grace,
10        Merredin, Moora, Mount Marshall, Mukinbudin, Narambeen,
          Narrogin (Shire), Northam (Shire), Nungarin, Pingelly, Quairading,
          Tammin, Toodyay, Trayning, Victoria Plains, Wagin, Wandering,
          West Arthur, Westonia, Wickepin, Williams, Wongan-Ballidu,
          Wyalkatchem, Yilgarn and York.




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     Planning and Development Bill 2004



     Schedule 5         Local governments -- metropolitan region



      Schedule 5 -- Local governments -- metropolitan region
                                                                  [Sch 2 cl. 9(1)(b)]

     1.         SOUTH-WEST GROUP
                City of Cockburn
5               City of Fremantle
                City of Melville
                City of Rockingham
                Town of East Fremantle
                Town of Kwinana

10   2.         WESTERN SUBURBS GROUP
                City of Nedlands
                City of Subiaco
                Town of Cambridge
                Town of Claremont
15              Town of Cottesloe
                Town of Mosman Park
                Shire of Peppermint Grove

     3.         NORTH-WEST GROUP
                City of Stirling
20              City of Wanneroo
                Town of Vincent
                City of Joondalup




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                                           Planning and Development Bill 2004



                    Local governments -- metropolitan region       Schedule 5



     4.   SOUTH-EAST GROUP
          City of Armadale
          City of Canning
          City of Gosnells
5         City of South Perth
          Town of Victoria Park
          Shire of Serpentine-Jarrahdale

     5.   EASTERN GROUP
          City of Bayswater
10        Town of Bassendean
          City of Belmont
          Shire of Kalamunda
          Shire of Mundaring
          City of Swan




                                                                    page 229
Planning and Development Bill 2004



Schedule 6     Planning control areas: purposes for which land may be
               required


 Schedule 6 -- Planning control areas: purposes for which
                 land may be required
                                                                  [s. 112(1)]
      Item      Purpose
      1.        Car Parks
      2.        Civic and cultural amenity
      3.        Commonwealth Government
      4.        Cultural heritage conservation
      5.        Highways and important regional roads
      6.        Hospitals
      7.        Parks and recreation areas
      8.        Port installations
      9.        Power services, including electricity and gas
                supply
      10.       Prisons
      11.       Public purpose of the State
      12.       Railways
      13.       Schools
      14.       Special uses
      15.       State forests
      16.       Universities
      17.       Water catchments
      18.       Water services, including sewerage and drainage
      19.       Waterways




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                                                Planning and Development Bill 2004



                Matters which may be dealt with by planning scheme           Schedule 7



            Schedule 7 -- Matters which may be dealt with by
                          planning scheme
                                                                          [s. 69, 283(1)]

     1.         Generality preserved
5               The mention of a particular matter in this Schedule does not prejudice
                or affect the generality of any other matter.

     2.         Subdivision
          (1)   The subdivision of land generally.
          (2)   The submission of plans.
10        (3)   The control of any activity, development or work arising as a
                consequence of subdivision.

     3.         Reconstruction
          (1)   The reconstruction of the scheme area, or any part of the scheme area,
                generally.
15        (2)   In relation to the reconstruction --
                  (a)   the pooling of the lands of several owners, or any land or
                        roads adjacent or near to the land;
                  (b)   re-planning by re-subdivision, readjustment of boundaries,
                        adjustment of rights, exchanges of land, cancellation of
20                      subdivisions and vesting.

     4.         Preservation and conservation
          (1)   The preservation of places and objects of cultural heritage
                significance, including control of the demolition and alteration of any
                building, structure or works.
25        (2)   The conservation of the natural environment of the scheme area
                including the protection of natural resources, the preservation of trees,
                vegetation and other flora and fauna, and the maintenance of
                ecological processes and genetic diversity.
          (3)   The conservation of water.


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     Planning and Development Bill 2004



     Schedule 7          Matters which may be dealt with by planning scheme



     5.         Roads, public works, undertakings, purposes and facilities
          (1)   Roads, intersections, corners and all objects, works, trees or shrubs
                associated with, constructed or located on, below or adjacent to roads,
                intersections and corners.
5         (2)   Public works and undertakings of any kind including lighting, water,
                sewerage, drainage, public transport and associated facilities on land
                and water.
          (3)   The reservation of land for public purposes.
          (4)   The provision and location of public facilities and conveniences and
10              any other objects or works on the land.

     6.         Zoning
          (1)   Zoning of the scheme area for appropriate purposes.
          (2)   Designation of uses in zones as permitted, prohibited or requiring
                approval.

15   7.         Special controls
                Controls for land or site management for matters to which this Act
                relates.

     8.         Development standards
                Standards for the development of any class or kind of building,
20              structure, work or advertisement including standards in respect of --
                   (a) size;
                   (b) appearance;
                   (c) placement;
                   (d) location;
25                 (e) number;
                    (f) landscaping;
                   (g) open space;
                   (h) parking;
                    (i) measures to maximise energy efficiency;
30                  (j) any other activity or requirement arising from the
                         development.

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                                                   Planning and Development Bill 2004



                 Matters which may be dealt with by planning scheme         Schedule 7



     9.          Development controls
                 Approval, refusal or approval subject to conditions of any use or class
                 or kind of development by a consideration of any matter to which the
                 Act relates including the public interest.

5    10.         Acquisition and purchase
                 Acquisition or purchase of land or buildings and any step necessary to
                 give effect to the acquisition or purchase.

     11.         Powers
           (1)   The extinguishment or variation of any restrictive covenant, easement
10               or right of way.
           (2)   Powers of entry and inspection.
           (3)   Powers to remove, alter, or demolish any building which obstructs the
                 observance or carrying out of the scheme.
           (4)   Powers to recover expenses incurred or to be incurred in
15               implementing, enforcing and giving effect to the scheme.

     12.         Agreements and cooperation
           (1)   Agreements and cooperation between the responsible authority and
                 the owners of land.
           (2)   Agreements and cooperation between the responsible authority and
20               public, statutory or responsible authority.
           (3)   Agreements and cooperation between owners of land.

     13.         Carrying out the scheme
           (1)   The carrying out of the scheme.
           (2)   The limitation of time for the operation of a scheme, any provision of
25               the scheme or works ancillary to the scheme.
           (3)   The responsibilities of any persons or authorities to which the scheme
                 relates.




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    Planning and Development Bill 2004



    Schedule 7           Matters which may be dealt with by planning scheme



    14.         Appeal
                Where a discretionary power is vested by the scheme in the
                responsible authority, the conferral on a person aggrieved by the
                exercise of the power of a right of appeal to the Tribunal.

5   15.         General and ancillary matters
          (1)   Policies in respect of any matter to which the Act relates.
          (2)   Any other matter necessary or incidental to the sustainable
                development or use of land.




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                                               Planning and Development Bill 2004



              Matters for which local laws may be made by Governor         Schedule 8



          Schedule 8 -- Matters for which local laws may be made
                              by Governor
                                                                               [s. 289]

     1.        Purchase and reservation of land
5              Purchasing or reserving land for new main thoroughfares which it is
               desired to keep free of buildings by agreement between the owners of
               such land and the responsible authority or by cooperation between 2
               or more local governments with regard to the lines, widths and
               direction of thoroughfares which connect adjacent parts of their
10             respective areas.

     2.        Limitation of building
               Limiting the number of buildings, rooms, dwelling units or other
               accommodation units to the hectare generally or in any particular
               locality, or on any subdivision, allotment or parcel of land,
15             particularly or generally, and the extent to which each subdivision,
               allotment or parcel of land is to be built upon, and providing for
               adequate light and air to the windows of each house, and prescribing
               other requirements so far as is reasonable for the purpose of securing
               the convenience or amenity of the area to which local laws apply, and
20             proper sanitary and hygienic conditions in connection with any
               buildings therein.

     3.        Classification and zoning
               Classification or zoning reclassifying or re-zoning the area for
               residence, flats, trade, business, industry, commercial recreation,
25             educational or other public or institutional purposes, and including
               areas for agricultural or rural use and for any other general or
               particular purposes whether of the same class or kind as the class or
               kind before enumerated or not, and fixing the sites or areas for any of
               the purposes included in this Schedule and prohibiting in any of these
30             zones or classification any building or use of land of or for a general
               or particular nature or purpose.

     4.        Prohibition of use
               Prohibiting any district or part of it from being used for any purpose
               other than that for which it has been classified.

                                                                             page 235
     Planning and Development Bill 2004



     Schedule 8        Matters for which local laws may be made by Governor



     5.         Prescribing characteristics of building
                Prescribing the height, location, purpose and dimensions or the
                general character of buildings to be erected or reconstructed as far as
                is reasonable for securing proper sanitary and hygienic conditions,
5               convenience, or amenity of the area to which the local laws are to
                apply.

     6.         Prohibition of trade etc. or erection or use of building
                Prohibiting the carrying on of any noxious trades or manufactures, or
                the erection or use of any buildings without adequate sanitary
10              arrangements, or prohibiting or regulating the erection and use of
                buildings, advertisement hoardings, or structures for advertising
                purposes which are such as to be injurious to the amenity or natural
                beauty of the area to which the local laws are to apply.

     7.         Requirements of new subdivisions
15        (1)   Prescribing and determining any requirements deemed necessary in
                regard to new subdivisions or re-subdivisions of any land (or maps,
                plans, sections, or particulars thereof) contained within the area to
                which it is intended that the local laws are to apply, including
                drainage, size and shape of allotments (or separate parcels of land)
20              and access thereto; also for the classification of and the prescribing
                and determining of any requirements in regard to the length or width
                of any road according to the use such road is likely to be put, or
                according to the physical features of the land, together with the
                design, method of construction, and completion of alignment, of any
25              road.
          (2)   In this clause --
                "road" has the meaning given by section 4(1) and includes a private
                    road created under Part IVA of the Transfer of Land Act 1893 or
                    within the meaning of the Land Administration Act 1997 section
30                  3(1).

     8.         Building lines
          (1)   The making, fixing, altering and ascertaining of building lines
                irrespective of the width or alignment of any road, to secure as far as
                practicable, having regard to the physical features of the site and the
35              depths of the existing subdivisions of land, that the distance between

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                                                   Planning and Development Bill 2004



                 Matters for which local laws may be made by Governor          Schedule 8



                  the buildings to be erected, or buildings likely to be reconstructed on
                  the opposite sides of any road, are to be not less than that fixed by the
                  local laws according to the prospective traffic requirements of such
                  road, and the making, fixing and altering building lines generally and
5                 providing that buildings generally or a building of any specified class
                  are not to be built nearer to a building line or an ocean or waterway
                  than is prescribed in a local law.
           (2)    In this clause --
                  "building line" means the line between which and any public place
10                     or public reserve a building may not be erected;
                  "road" has the meaning given by clause 7(2).

     9.           Open space etc.
                  Limiting of open spaces, recreation grounds, or sites for public
                  buildings, by purchase or agreement between owners of lands and the
15                local government.

     10.          Heights
                  Limiting the height, at the corner of any road (as defined in
                  clause 7(2) of any wall, fence, hedge, tree, or shrub or other
                  obstruction not being an authorised building.

20   11.          Authority
                  Providing for the authority or authorities responsible for carrying the
                  local laws into effect and enforcing their observance.




                                                                                   page 237
     Planning and Development Bill 2004



     Schedule 9         Board of Valuers



                         Schedule 9 -- Board of Valuers
                                                                            [s. 182(5)]

     1.         Interpretation
                In this Schedule --
5               "Board" means the Board of Valuers established under section 182.

     2.         Term of office
                Subject to clause 4 a member of the Board holds office for a term of
                2 years and is eligible for reappointment.

     3.         Constitution of the Board
10              The Board is constituted by the chairperson of the Board and any
                2 other members of the Board and may meet despite there being a
                vacancy on the Board.

     4.         Resignation or removal from office
          (1)   A member of the Board may resign by written notice.
15        (2)   The Governor may remove a member of the Board from office if the
                member --
                  (a)   misbehaves or is incompetent; or
                  (b)   is suffering from a permanent physical or mental incapacity
                        that impairs the performance of the member's functions.

20   5.         Fees and expenses
          (1)   The members of the Board are entitled to such fees and expenses, in
                respect of attendances at meetings of, or while engaged in the
                business of, the Board, as the Minister may from time to time
                determine.
25        (2)   In determining under subclause (1) fees to which members of the
                Board are entitled while engaged in the business of the Board, the
                Minister may adopt --
                  (a)   wholly or in part; and




     page 238
                                           Planning and Development Bill 2004



                                                 Board of Valuers     Schedule 9



             (b)   with or without alteration,
           all or any of the maximum amounts of remuneration fixed under
           section 25 of the Land Valuers Licensing Act 1978 for the various
           kinds of services rendered by licensed valuers and those maximum
5          amounts of remuneration, if so adopted are taken to be fees
           determined under subclause (1) as fees to which the members of the
           Board are entitled while engaged in the business of the Board.
     (3)   An adoption made under subclause (2) may be made by reference to
           the citation of the relevant notice published in the Gazette under
10         section 25 of the Land Valuers Licensing Act 1978 and to any
           provisions of that notice, and it is not necessary to set out in the
           relevant determination made under subclause (1) the full text of that
           notice or of any provision of the notice.




                                                                        page 239
     Planning and Development Bill 2004



     Schedule 10        The Tribunal



                          Schedule 10 -- The Tribunal
                                                                                [s. 239]

     1.         Term of office
          (1)   Subject to this clause and clause 2 --
5                 (a)   the President, deputy President and a senior member other
                        than the Principal Registrar hold office for a term of 5 years
                        and, upon the expiration of the term are eligible for
                        reappointment for one or more terms of 5 years;
                  (b)   the Principal Registrar, if appointed as a senior member,
10                      holds office for so long as he or she holds the office of
                        Principal Registrar; and
                  (c)   an ordinary member holds office for a term of 3 years and,
                        upon expiration of the term, is eligible for reappointment for
                        one or more terms of 3 years.
15        (2)   Notwithstanding anything in this Act, where the term of office of a
                Tribunal member has expired or the Tribunal member has resigned,
                the Tribunal member may, with the approval of the Minister, continue
                in office for the purpose of completing the hearing and determination
                of any appeal that the Tribunal member has entered upon.

20   2.         Removal and resignation
          (1)   The Governor may remove a Tribunal member from office on the
                grounds of --
                  (a)   mental or physical incapacity to carry out satisfactorily the
                        duties of a Tribunal member;
25                (b)   neglect of duty; or
                  (c)   misconduct.
          (2)   A Tribunal member may resign office by written notice delivered to
                the Minister.

     3.         Leave of absence
30              The President may grant leave of absence to a Tribunal member on
                such terms and conditions as the President thinks fit but leave of
                absence is not to be granted for a period exceeding 6 months.


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                                                Planning and Development Bill 2004



                                                         The Tribunal      Schedule 10



     4.         Deputy President
                The deputy President is to act as President during the unavailability or
                absence of the President and while so acting may perform the
                functions of the President.

5    5.         Acting Tribunal members
          (1)   If the deputy President is required to act as President but the deputy
                President --
                  (a)   is unavailable or absent; or
                  (b)   disqualifies himself or herself in respect of a particular appeal
10                      by reason of the possibility of conflict of interest,
                the Minister may appoint a person who has the same qualification for
                appointment as if required of the President to act in the place of the
                President during the unavailability or absence or in the particular
                appeal as the case may be, and for such further time as is necessary to
15              complete any hearing and determination of any appeal that the person
                has entered upon.
          (2)   When a Tribunal member who is deputy President is performing the
                functions of the President, the Minister may appoint another eligible
                person to act in the place of the deputy President.
20        (3)   If another Tribunal member is unavailable or absent, the Minister may
                appoint a person to act in the place of that member during the
                unavailability or absence, and for such further time as is necessary to
                complete any hearing and determination of any appeal that the person
                has entered upon.
25        (4)   While acting in the place of a Tribunal member, the acting member
                has all of the functions, powers and immunities of the member.
          (5)   No act or omission of a person acting in the place of another under
                this clause or clause 4 is to be questioned on the ground that the
                occasion for the appointment or so acting had not arisen or had
30              ceased.




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     Planning and Development Bill 2004



     Schedule 10       The Tribunal



     6.         Remuneration, allowances and conditions of service
          (1)   A Tribunal member is to be paid such remuneration and allowances in
                respect of the performance of his or her functions as the Minister from
                time to time determines in his or her case.
5         (2)   Subclause (1) has effect subject to the Salaries and Allowances
                Act 1975, if that Act applies to the Tribunal member.
          (3)   Subject to this Schedule, the Minister may determine other terms and
                conditions of service that apply to a Tribunal member.
          (4)   A determination is only to be made after having regard to the
10              recommendation of the Minister for Public Sector Management.




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                                               The Principal Registrar     Schedule 11



                   Schedule 11 -- The Principal Registrar
                                                                              [s. 243(5)]

     1.         Term of office
                Subject to clause 2, the Principal Registrar holds office for a term, not
5               exceeding 5 years, specified in the instrument of appointment and is
                eligible for reappointment.

     2.         Removal and resignation
          (1)   The Minister may remove the Principal Registrar from office on the
                grounds of --
10                (a)   mental or physical incapacity to carry out satisfactorily the
                        functions of the Principal Registrar;
                  (b)   neglect of duty; or
                  (c)   misconduct.
          (2)   The Principal Registrar may resign office by written notice delivered
15              to the Minister.

     3.         Salary, entitlements and conditions of service
          (1)   The Principal Registrar --
                  (a)   is to be paid salary and allowances at a rate per year
                        determined by the Minister; and
20                (b)   has the same annual leave, sick leave and long service leave
                        entitlements as a permanent officer of the Public Service.
          (2)   Subclause (1) has effect subject to the Salaries and Allowances
                Act 1975, if that Act applies to the Principal Registrar.
          (3)   Subject to this Schedule, the Minister may determine other terms and
25              conditions of service that apply to the Principal Registrar.
          (4)   A determination is only to be made after having regard to the
                recommendation of the Minister for Public Sector Management.




                                                                                 page 243
     Planning and Development Bill 2004



     Schedule 11       The Principal Registrar



     4.         Acting Principal Registrar
          (1)   If the Principal Registrar is unavailable or absent, the Minister may
                appoint a person to act in the place of the Principal Registrar during
                the unavailability or absence.
5         (2)   While acting in the place of the Principal Registrar, the acting
                Principal Registrar has all of the functions, powers and immunities of
                the Principal Registrar.
          (3)   No act or omission of a person acting in the place of the Principal
                Registrar under this clause is to be questioned on the ground that the
10              occasion for the appointment or for so acting had not arisen or had
                ceased.




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                                                                                             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)
Account ...................................................................................................... 4(1)
alleged offender ........................................................................................... 226
appeal ......................................................................................................... 4(1)
applicant ..................................................................................................280(1)
appointed member ............................................................................Sch. 1, cl. 1
artificial waterway....................................................................................... 4(1)
assessed scheme .......................................................................................217(1)
associate member ........................................................................................ 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)
decision period .........................................................................................280(1)
deputy member............................................................................................ 4(1)
deputy President.......................................................................................... 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............................................................................................................288(1)
first owner................................................................................................154(2)
function....................................................................................................293(1)
Fund ........................................................................................................... 4(1)
Heritage Council ......................................................................................... 4(1)
improvement plan........................................................................................ 4(1)
information ................................................................................................18(4)
instructions.................................................................................................39(1)
interim development order........................................................................... 4(1)


                                                                                                       page 245
Planning and Development Bill 2004



Defined Terms



     issue.........................................................................................................288(1)
     LAA Department......................................................................................... 4(1)
     land................................................................................................. 4(1), 136(3)
     later subdivider.........................................................................................159(1)
     legal practitioner ......................................................................................... 4(1)
     licence......................................................................................................288(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)
     market value of land.....................................................................155(1), 159(2)
     meeting ....................................................................................................293(1)
     member............................................................................... 4(1), 293(1), 294(1)
     metropolitan region ..................................................................................... 4(1)
     Metropolitan Region Scheme....................................................................... 4(1)
     Minister ...................................................................................................269(5)
     Minister for the Environment....................................................................... 4(1)
     non-conforming use...................................................................................... 172
     officer of the Commission ........................................................................... 4(1)
     original compensation ..............................................................................181(1)
     original subdivider ...................................................................................159(1)
     other local government .............................................................................210(1)
     participate ..................................................................................................15(5)
     party............................................................................................................ 4(1)
     planning control area ................................................................................... 4(1)
     planning matter ........................................................................................288(1)
     planning scheme.......................................................................................... 4(1)
     pollution...................................................................................................217(1)
     prescribed offence ........................................................................................ 226
     prescribed period......................................................................................145(2)
     President ..................................................................................................... 4(1)
     principal lot..............................................................................................149(2)
     Principal Registrar....................................................................................... 4(1)
     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)

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                                                                                             Defined Terms



regional order area....................................................................................... 4(1)
register.......................................................................................181(16), 197(6)
Registrar ........................................................................167(7), 181(16), 197(6)
responsible authority ................................................................................... 4(1)
road ............................................................................................................ 4(1)
rules............................................................................................................ 4(1)
rural land..................................................................................................149(1)
scheme or amendment .................................................................................... 41
second owner ...........................................................................................154(2)
specified.........................................................................................99(3), 103(3)
State planning policy ................................................................................... 4(1)
subdivision.................................................................................................. 4(1)
Swan Valley................................................................................................ 4(1)
Swan Valley Planning Committee................................................................ 4(1)
tied lot......................................................................................................149(2)
title application.........................................................................................146(2)
TLA Department ......................................................................................... 4(1)
Tribunal ...................................................................................................... 4(1)
Tribunal member......................................................................................... 4(1)
utility services ............................................................................................. 4(1)
vehicle offence .........................................................................................225(1)
WALGA ..................................................................................................... 4(1)




 


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