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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Planning and Development Amendment
Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to the
Planning and Development Act
2005
3. Act amended 3
4. Section 223 amended 3
5. Section 223A inserted 3
223A. Moratorium on development 3
080 -- 1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr John Hyde, MLA)
Planning and Development Amendment
Bill 2009
A Bill for
An Act to amend the Planning and Development Act 2005 to increase
the penalties for illegal works upon heritage places, and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Planning and Development Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This Act is the Planning and Development Amendment Act
4 2009.
5 2. Commencement
6 This Act comes into operation 28 days after the day on which it
7 receives the Royal Assent.
page 2
Planning and Development Amendment Bill 2009
Amendments to the Planning and Development Act 2005 Part 2
s. 3
1 Part 2 -- Amendments to the Planning and
2 Development Act 2005
3 3. Act amended
4 The amendments in this Part are to the Planning and
5 Development Act 2005.
6 4. Section 223 amended
7 Section 223 is amended as follows --
8 (a) by deleting "$50 000" and inserting instead:
9
10 $500 000
11
12 (b) by deleting "$5 000" and inserting instead:
13
14 $25 000
15
16 5. Section 223A inserted
17 After section 223 the following section is inserted:
18
19 223A. Moratorium on development
20 (1) Where a person is convicted of an offence which
21 constitutes a contravention of an Order under Part 13 in
22 relation to any place then, unless the court before
23 which that person is so convicted recommends
24 otherwise, the Governor on the advice of the Minister
25 may by Order in Council published in the Gazette
26 declare that --
27 (a) that place or a particular portion of the land
28 comprising that place;
29 (b) any building on the land; or
page 3
Planning and Development Amendment Bill 2009
Part 2 Amendments to the Planning and Development Act 2005
s. 5
1 (c) both that land and any such building,
2 shall not be developed, or used, or shall be neither
3 developed nor used, or shall be developed or used in
4 accordance with conditions specified in the Order,
5 during such period not exceeding 5 years as is specified
6 in the Order.
7 (2) An Order in Council made under subsection (1) may be
8 revoked or varied by a subsequent such Order.
9 (3) Where an Order under subsection (1) is in force in
10 relation to any land or building --
11 (a) a person who carries out works on, or any
12 development of, the land or building, or who
13 uses any land or building, contrary to the
14 provisions of the Order, or who causes or
15 permits any other person so to do, commits an
16 offence; and
17 (b) any permit, authorisation, licence or other
18 instrument under any written law purporting to
19 relate to any development or use of the land or
20 building contrary to the terms of the Order --
21
22 (i) has no force and shall not be given
23 effect; and
24 (ii) does not provide a defence to any
25 person contravening paragraph (a).
26
27 Penalty: $500 000
28 Daily penalty: $25 000.
29 (4) Where an Order under subsection (1) is made in
30 relation to any place, the Commission --
31 (a) shall cause the chief executive officer of the
32 department principally assisting in the
33 administration of the Land Administration Act
34 1997, the Registrar of Titles or the Registrar of
page 4
Planning and Development Amendment Bill 2009
Amendments to the Planning and Development Act 2005 Part 2
s. 5
1 Deeds and Transfers, as the case may require,
2 to be advised by way of memorial of the effect
3 of that Order;
4 (b) may thereupon lodge such caveat or cause such
5 other steps to be taken as may be necessary or
6 proper to give effect to the terms of that Order;
7 (c) publish notice by way of public advertisement
8 for general information of a summary of the
9 terms of the Order, setting out a sufficient
10 description to identify the place to which it
11 refers; and
12 (d) shall cause a copy of the Order to be served,
13 where practicable, on the owner and each
14 occupier of the place concerned.
15
16
17
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