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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Port Kennedy Development Bill 2017
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Planning scheme
amendments
3. Terms used 3
4. Metropolitan Region Scheme amended 4
5. Rockingham local planning scheme amended 4
6. Effect of amendments 4
Part 3 -- Repeal and amendment of
Acts
7. Port Kennedy Development Agreement Act 1992
repealed 6
8. Aquatic Resources Management Act 2016
amended 6
Schedule 1 -- Port Kennedy Revised
Development Plan (indicative
only)
Schedule 2 -- Rockingham
development zone plan
(indicative only)
17--1B page i
Western Australia
LEGISLATIVE ASSEMBLY
Port Kennedy Development Bill 2017
A Bill for
An Act --
• to repeal the Port Kennedy Development Agreement Act 1992; and
• to provide for planning changes to allow a revised Port Kennedy
project to proceed; and
• for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Port Kennedy Development Bill 2017
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Port Kennedy Development Act 2017.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Port Kennedy Development Bill 2017
Planning scheme amendments Part 2
s. 3
1 Part 2 -- Planning scheme amendments
2 3. Terms used
3 (1) In this Part --
4 Area A means the area shown as Area A on the Port Kennedy
5 Revised Development Plan;
6 Area B means the area that is --
7 (a) shown as Area B on the Port Kennedy Revised
8 Development Plan; and
9 (b) shown as the hachured area on the Rockingham
10 development zone plan;
11 Commission means the Western Australian Planning
12 Commission established by the Planning Act section 7;
13 Metropolitan Region Scheme has the meaning given in the
14 Planning Act section 4(1);
15 Planning Act means the Planning and Development Act 2005;
16 Port Kennedy Revised Development Plan means the plan
17 entitled Port Kennedy Revised Development Plan held at the
18 office of the Commission and certified by the Commission as
19 the plan prepared for the purposes of describing the areas in
20 which the reservation or zoning of land under the Metropolitan
21 Region Scheme is to be changed by this Act;
22 Rockingham development zone plan means the plan entitled
23 Rockingham development zone plan held at the office of the
24 Commission and certified by the Commission as the plan
25 prepared for the purposes of describing the area in which the
26 zoning of land under the Rockingham local planning scheme is
27 to be changed by this Act;
28 Rockingham local planning scheme means the local planning
29 scheme for the City of Rockingham under the Planning Act
30 known as the City of Rockingham Town Planning Scheme
31 No. 2 -- District Zoning Scheme.
page 3
Port Kennedy Development Bill 2017
Part 2 Planning scheme amendments
s. 4
1 (2) An indicative depiction of the Port Kennedy Revised
2 Development Plan is in Schedule 1.
3 (3) An indicative depiction of the Rockingham development zone
4 plan is in Schedule 2.
5 4. Metropolitan Region Scheme amended
6 (1) The Metropolitan Region Scheme is amended by changing the
7 reservation of the land in Area A to "Parks and Recreation".
8 (2) The Metropolitan Region Scheme is amended by changing the
9 zoning of any land in Area B that is not zoned as "Urban" to
10 "Urban".
11 (3) In any proceedings, a plan purporting to be a copy of the Port
12 Kennedy Revised Development Plan showing the boundaries of
13 the area affected by subsection (1) or (2), as the case may be, is
14 evidence of those boundaries.
15 5. Rockingham local planning scheme amended
16 (1) The Rockingham local planning scheme is amended by
17 rezoning any land in Area B that is not in the Development
18 Zone to the Development Zone.
19 (2) In any proceedings, a plan purporting to be a copy of the
20 Rockingham development zone plan showing the boundaries of
21 the area affected by subsection (1) is evidence of those
22 boundaries.
23 6. Effect of amendments
24 (1) The amendments effected by this Part have effect as though the
25 amendments were enacted under the Planning Act.
26 (2) Despite subsection (1) the Planning Act section 126(3) to (6) do
27 not apply to the amendment to the Metropolitan Region Scheme
28 effected by section 4(2).
page 4
Port Kennedy Development Bill 2017
Planning scheme amendments Part 2
s. 6
1 (3) Nothing in this Part affects the operation of the Planning Act
2 with respect to amendments to the Metropolitan Region Scheme
3 or the Rockingham local planning scheme as amended by this
4 Part.
page 5
Port Kennedy Development Bill 2017
Part 3 Repeal and amendment of Acts
s. 7
1 Part 3 -- Repeal and amendment of Acts
2 7. Port Kennedy Development Agreement Act 1992 repealed
3 The Port Kennedy Development Agreement Act 1992 is
4 repealed.
5 8. Aquatic Resources Management Act 2016 amended
6 (1) This section amends the Aquatic Resources Management
7 Act 2016.
8 (2) In section 377 in the Table delete the item relating to the Port
9 Kennedy Development Agreement Act 1992.
page 6
Port Kennedy Development Bill 2017
Port Kennedy Revised Development Plan (indicative only) Schedule 1
1 Schedule 1 -- Port Kennedy Revised Development Plan
2 (indicative only)
3 [s. 3(2)]
4
page 7
Port Kennedy Development Bill 2017
Schedule 2 Rockingham development zone plan (indicative only)
1 Schedule 2 -- Rockingham development zone plan
2 (indicative only)
3 [s. 3(3)]
4
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