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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Swan Valley Planning Legislation Amendment
Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Swan Valley Planning
Act 1995 amended
4. Section 3 amended 3
5. Section 4 replaced 3
6. Section 5 amended 4
7. Section 6 amended 4
8. Section 7 amended 5
9. Section 8 amended 5
10. Section 10 repealed 5
11. Section 11 amended 6
12. Section 13 amended 6
13. Section 14 amended 7
14. Section 22 amended 8
15. Section 23 amended 8
16. Schedule 1 amended 8
17. References to "Shire" changed to "City" 10
Part 3 -- Further amendments to the
Swan Valley Planning Act 1995
18. Section 13 amended 11
19. Section 23 amended 11
356--1 page i
Swan Valley Planning Legislation Amendment Bill 2004
Contents
Part 4 -- Consequential amendments
20. Consequential amendments 12
Schedule 1 -- Consequential
amendments 13
Division 1 -- Consequential amendments
1. Town Planning and Development Act 1928 amended 13
Division 2 -- Other consequential amendments
2. Planning and Development Act 2004 amended 14
Division 3 -- Alternative amendments to the
Metropolitan Region Scheme
3. Metropolitan Region Scheme amended 14
4. Metropolitan Region Scheme amended 16
page ii
Western Australia
LEGISLATIVE COUNCIL
Swan Valley Planning Legislation Amendment
Bill 2004
A Bill for
An Act to --
• amend the Swan Valley Planning Act 1995; and
• consequentially amend certain other Acts and the Metropolitan
Region Scheme,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Swan Valley Planning Legislation Amendment Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Swan Valley Planning Legislation
Amendment 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. The Act amended
10 The amendments in this Act, other than those effected by
section 20, are to the Swan Valley Planning Act 1995*.
[* Reprint 1 as at 12 September 2003.]
page 2
Swan Valley Planning Legislation Amendment Bill 2004
Swan Valley Planning Act 1995 amended Part 2
s. 4
Part 2 -- Swan Valley Planning Act 1995 amended
4. Section 3 amended
Section 3 is amended as follows:
(a) in the definition beginning "Area A" by deleting
5 " , "Area C" and "Area D" " and inserting instead --
" and "Area C" ";
(b) in the definition of "ex officio member" after "in
section 11(2)(b)" by inserting --
" , (ba) ";
10 (c) in the definition of "Swan Valley" by deleting " , Area C
and Area D" and inserting instead --
" and Area C ".
5. Section 4 replaced
Section 4 is repealed and the following section is inserted
15 instead --
"
4. Areas A, B and C
(1) Area A, Area B and Area C comprise all of the land in
the areas respectively shown as Area A, Area B and
20 Area C on the plan of the Swan Valley held at the
office of the Commission, that plan being certified by
the Minister as being the plan prepared to define those
Areas for the purposes of this Act.
(2) For guidance, Area A, Area B and Area C are indicated
25 in the following representation of the plan referred to in
subsection (1).
page 3
Swan Valley Planning Legislation Amendment Bill 2004
Part 2 Swan Valley Planning Act 1995 amended
s. 6
".
6. Section 5 amended
Section 5(1) is amended by deleting ", Area C or Area D" in
5 both places where it occurs and inserting instead --
" or Area C ".
7. Section 6 amended
Section 6 is amended as follows:
(a) by inserting after "uses of the area" --
10 " that complement its rural character ";
(b) by inserting after "of tourism" --
"
that complements the rural character of the Swan
Valley
15 ".
page 4
Swan Valley Planning Legislation Amendment Bill 2004
Swan Valley Planning Act 1995 amended Part 2
s. 8
8. Section 7 amended
Section 7 is amended as follows:
(a) in item 3 by inserting after "of tourism" --
" that complements the rural character of the area ";
5 (b) in item 6 by inserting after "rural land" --
"
and, in particular, the subdivision of rural land
into lots of less than 2 hectares,
".
10 9. Section 8 amended
(1) Section 8 item 4 is amended by inserting after "cottage
industry" --
"
provided that they are compatible with the rural
15 character of the area
".
(2) Section 8 item 5 is deleted and the following items are inserted
instead --
"
20 5. The encouragement of the consolidation of
retail and community facilities at Herne Hill,
Caversham and West Swan.
5A. The limited expansion of existing retail and
community facilities at Herne Hill, Caversham
25 and West Swan where such facilities are
required to service the local community and
will not detract from the rural character of the
area.
".
30 10. Section 10 repealed
Section 10 is repealed.
page 5
Swan Valley Planning Legislation Amendment Bill 2004
Part 2 Swan Valley Planning Act 1995 amended
s. 11
11. Section 11 amended
(1) After section 11(2)(b) the following paragraph is inserted --
"
(ba) a City of Swan councillor for a ward
5 representing the Swan Valley, nominated by the
City of Swan, and appointed by the Minister;
".
(2) Section 11(2)(e) is amended as follows:
(a) by deleting "3" and inserting instead --
10 " 4 ";
(b) at the end of subparagraph (i) by deleting "and";
(c) at the end of subparagraph (ii) by deleting the full stop
and inserting instead --
"
15 ; and
(iii) one is to be a person who in the opinion
of the Minister is suitable to represent
equestrian interests in that area.
".
20 12. Section 13 amended
(1) After section 13(1)(a) the following paragraphs are inserted --
"
(aa) to advise the Minister on the coordination and
promotion of sustainable use and development
25 of land in the Swan Valley;
(ab) to provide advice to the City of Swan in
relation to --
(i) the Shire town planning scheme and
policies of the City of Swan; and
page 6
Swan Valley Planning Legislation Amendment Bill 2004
Swan Valley Planning Act 1995 amended Part 2
s. 13
(ii) the planning and development functions
of the City of Swan;
(ac) to provide advice on, and assistance to, any
body or person in relation to sustainable use
5 and development of land in the Swan Valley;
".
(2) Section 13(1)(c) is amended by inserting after "public
authority" in both places where it occurs --
" or utility services provider ".
10 (3) Section 13(1)(d) is amended by inserting after "public
authority" in both places where it occurs --
" or utility services provider ".
(4) Section 13(1)(e) is amended by inserting after "public
authority" in both places where it occurs --
15 " or utility services provider ".
(5) Section 13(2) is repealed and the following subsection is
inserted instead --
"
(2) In this section --
20 "public authority" includes the City of Swan;
"utility services" means drainage services, electricity
services, sewerage or water services, or other
prescribed services.
".
25 13. Section 14 amended
Section 14 is amended by deleting ", 9 or 10" and inserting
instead --
" or 9 ".
page 7
Swan Valley Planning Legislation Amendment Bill 2004
Part 2 Swan Valley Planning Act 1995 amended
s. 14
14. Section 22 amended
Section 22(3) is amended by deleting all of the subsection from
and including "this Act" and inserting instead --
"
5 this Act unless --
(a) the disclosure is made in connection with the
carrying out of this Act or under a legal duty; or
(b) that information is otherwise available to the
public under section 24.
10 ".
15. Section 23 amended
Section 23(1) is repealed and the following subsections are
inserted instead --
"
15 (1) The City of Swan is to ensure that any aspects of the
Shire town planning scheme, and any policies made
under that scheme, that relate to --
(a) the subdivision of land;
(b) the provision of infrastructure; and
20 (c) the carrying out of development generally,
in Area A, Area B or Area C are consistent with the
objectives set out in section 7, 8 or 9.
(1a) The City of Swan is to ensure that any policies made
under the scheme, where relevant, reflect the planning
25 objectives in section 7, 8 or 9.
".
16. Schedule 1 amended
(1) Schedule 1 item 5(5) is amended by deleting "5" and inserting
instead --
30 " 6 ".
page 8
Swan Valley Planning Legislation Amendment Bill 2004
Swan Valley Planning Act 1995 amended Part 2
s. 16
(2) Schedule 1 item 7 is deleted and the following items are inserted
instead --
"
7. Telephone and video meetings
5 Despite anything in this Schedule, a communication
between members constituting a quorum under clause 5(5)
by telephone or audiovisual means is a valid meeting of
members, but only if each participating member is capable
of communicating with every other participating member
10 instantaneously at all times during the proceedings.
7A. Resolution may be passed without meeting
(1) If --
(a) a document containing a statement to the effect that
an act, matter or thing has been done or a resolution
15 has been passed is sent or given to all members;
(b) the document is assented to by a majority of the
members who signify a response; and
(c) the majority includes not less than 6 members,
that act, matter, thing or resolution is to be taken as having
20 been done at or passed by a meeting of the Committee.
(2) For the purposes of subclause (1) --
(a) the meeting is to be taken as having been held --
(i) if the members assented to the document on
the same day -- on the day on which the
25 document was assented to and at the time at
which the document was last assented to by
a member; or
(ii) if the members assented to the document on
different days -- on the day on which, and
30 at the time at which, the document was last
assented to by a member;
(b) 2 or more separate documents in identical terms
each of which is assented to by one or more
page 9
Swan Valley Planning Legislation Amendment Bill 2004
Part 2 Swan Valley Planning Act 1995 amended
s. 17
members are to be taken to constitute one
document; and
(c) a member may signify assent to a document --
(i) by signing the document; or
5 (ii) by notifying the chairperson of the
member's assent in person or by post,
facsimile transmission, telephone, email or
other method of written, electronic, audio or
audiovisual communication.
10 (3) Where a member signifies assent to a document otherwise
than by signing the document, the member must by way of
confirmation sign the document at the next meeting of the
board attended by the member, but failure to do so does not
invalidate the act, matter, thing or resolution to which the
15 document relates.
(4) Where a document is assented to in accordance with
subclause (1), the document is to be taken as a minute of a
meeting of the Committee.
".
20 17. References to "Shire" changed to "City"
Each provision of the Act set out in the Table to this section is
amended by deleting "Shire of " in each place where it occurs
and inserting instead --
" City of ".
25 Table
s. 5(3)(a) s. 15(2) twice
s. 11(2)(b) s. 15(4)
s. 13(1)(f) s. 15(5)
s. 15(1) twice
page 10
Swan Valley Planning Legislation Amendment Bill 2004
Further amendments to the Swan Valley Planning Act 1995 Part 3
s. 18
Part 3 -- Further amendments to the Swan Valley
Planning Act 1995
18. Section 13 amended
Section 13(1)(ab)(i) is amended by deleting "the Shire town
5 planning scheme" and inserting instead --
" the local planning scheme ".
19. Section 23 amended
Section 23(1) is amended by deleting "the Shire town planning
scheme" and inserting instead --
10 " the local planning scheme ".
page 11
Swan Valley Planning Legislation Amendment Bill 2004
Part 4 Consequential amendments
s. 20
Part 4 -- Consequential amendments
20. Consequential amendments
(1) Schedule 1 Division 1, and Schedule 1 Division 3 item 3, have
effect.
5 (2) Schedule 1 Division 2 has effect.
(3) Schedule 1 Division 2, and Schedule 1 Division 3 item 4, have
effect.
page 12
Swan Valley Planning Legislation Amendment Bill 2004
Consequential amendments Schedule 1
Schedule 1 -- Consequential amendments
[s. 20]
Division 1 -- Consequential amendments
1. Town Planning and Development Act 1928 amended
5 (1) The amendments in this item are to the Town Planning and
Development Act 1928*.
[* Reprinted as at 3 November 2000.
For subsequent amendments see Western Australian Legislation
Information Tables for 2003, Table 1, p. 396.]
10 (2) Section 7A is amended as follows:
(a) in subsection (1) by deleting "Shire" in the 2 places where it
occurs and inserting in both places instead --
" City ";
(b) in subsection (2) by deleting "Shire" in the 2 places where it
15 occurs and inserting in both places instead --
" City ";
(c) in subsection (4) by deleting "Shire" in the 2 places where it
occurs and inserting in both places instead --
" City ";
20 (d) in subsection (5) by deleting "Shire" and inserting instead --
" City ".
(3) Section 24A(5) is repealed and the following subsection is inserted
instead --
"
25 (5) Subject to any approval under subsection (4), the
Commission is to determine the application after
having due regard to the advice of the Committee, but
may determine that application otherwise than in
accordance with that advice.
30 ".
page 13
Swan Valley Planning Legislation Amendment Bill 2004
Schedule 1 Consequential amendments
Division 2 -- Other consequential amendments
2. Planning and Development Act 2004 amended
(1) The amendments in this item are to the Planning and Development
Act 2004*.
5 [* Bill currently before Parliament as Planning and Development
Bill 2004.]
(2) Section 134(7) is repealed and the following subsection is inserted
instead --
"
10 (7) Subject to any approval under subsection (6), the
Commission is to determine the application after
having due regard to the advice of the Committee, but
may determine that application otherwise than in
accordance with that advice.
15 ".
Division 3 -- Alternative amendments to the Metropolitan
Region Scheme
3. Metropolitan Region Scheme amended
(1) In this item --
20 "Metropolitan Region Scheme" has the same meaning as it has in
the Metropolitan Region Town Planning Scheme Act 1959.
(2) The amendments in this item are to the Metropolitan Region Scheme.
(3) The amendments to the Metropolitan Region Scheme effected by this
item have effect as though the provisions were enacted by the
25 Metropolitan Region Town Planning Scheme Act 1959.
(4) Nothing in this item affects the operation of the Metropolitan Region
Town Planning Scheme Act 1959 with respect to the amendments to
the Metropolitan Region Scheme as amended by this Act.
(5) Clause 26 is amended as follows:
30 (a) by inserting before "Except" the subclause designation "(1)";
page 14
Swan Valley Planning Legislation Amendment Bill 2004
Consequential amendments Schedule 1
(b) after "provided" by inserting --
" in subclause (2) or (3) of this clause or ";
(c) at the end of the clause by inserting the following
subclauses --
5 "
(2) In respect of applications for approval to develop land in the
Swan Valley, where the advice of the Swan Valley Planning
Committee is accepted by the City of Swan, the
determination of the City of Swan under the local planning
10 scheme is taken to be a determination under this Scheme.
(3) In respect of applications for approval to develop land in the
Swan Valley, where the advice of the Committee is not
accepted by the City of Swan, the City of Swan is to refer
the application, together with any recommendations
15 provided by all bodies consulted, and the reasons why the
advice of the Committee was not accepted by the City of
Swan, to the Commission for determination.
(4) In this clause "Committee", "Swan Valley" and "Swan
Valley Planning Committee" have the same meanings as
20 they have in the Swan Valley Planning Act 1995.
".
(6) Clause 30B(4) is deleted and the following subclause is inserted
instead --
"
25 (4) Where the responsible authority is the Commission, the
Commission is required to have due regard to the advice of
the Committee, but may determine the application otherwise
than in accordance with that advice.
".
30 (7) Clause 30B(5) is amended as follows:
(a) by deleting "council of the Shire of Swan, the council" and
inserting instead --
" City of Swan, the City ";
page 15
Swan Valley Planning Legislation Amendment Bill 2004
Schedule 1 Consequential amendments
(b) by deleting "but may determine the application otherwise
than in accordance with that advice." and inserting instead --
"
but if the City of Swan does not accept that advice, the City
5 of Swan is to refer the application, together with any
recommendations provided by all bodies consulted, and the
reasons why the advice of the Committee was not accepted
by the City of Swan, to the Commission for determination.
".
10 (8) Clause 30B(6) is amended by deleting "council of the Shire" and
inserting instead --
" City ".
4. Metropolitan Region Scheme amended
(1) In this item --
15 "Metropolitan Region Scheme" has the same meaning as it has in
the Planning and Development Act 2004.
(2) The amendments in this item are to the Metropolitan Region Scheme.
(3) The amendments to the Metropolitan Region Scheme effected by this
item have effect as though the provisions were enacted by the
20 Planning and Development Act 2004.
(4) Nothing in this item affects the operation of the Planning and
Development Act 2004 with respect to the amendments to the
Metropolitan Region Scheme as amended by this Act.
(5) Clause 26 is amended as follows:
25 (a) by inserting before "Except" the subclause designation "(1)";
(b) after "provided" by inserting --
" in subclause (2) or (3) of this clause or ";
(c) at the end of the clause by inserting the following
subclauses --
30 "
(2) In respect of applications for approval to develop land in the
Swan Valley, where the advice of the Swan Valley Planning
page 16
Swan Valley Planning Legislation Amendment Bill 2004
Consequential amendments Schedule 1
Committee is accepted by the City of Swan, the
determination of the City of Swan under the local planning
scheme is taken to be a determination under this Scheme.
(3) In respect of applications for approval to develop land in the
5 Swan Valley, where the advice of the Committee is not
accepted by the City of Swan, the City of Swan is to refer
the application, together with any recommendations
provided by all bodies consulted, and the reasons why the
advice of the Committee was not accepted by the City of
10 Swan, to the Commission for determination.
(4) In this clause "Committee", "Swan Valley" and "Swan
Valley Planning Committee" have the same meanings as
they have in the Swan Valley Planning Act 1995.
".
15 (6) Clause 30B(4) is deleted and the following subclause is inserted
instead --
"
(4) Where the responsible authority is the Commission, the
Commission is required to have due regard to the advice of
20 the Committee, but may determine the application otherwise
than in accordance with that advice.
".
(7) Clause 30B(5) is amended as follows:
(a) by deleting "council of the Shire of Swan, the council" and
25 inserting instead --
" City of Swan, the City ";
(b) by deleting "but may determine the application otherwise
than in accordance with that advice." and inserting instead --
"
30 but if the City of Swan does not accept that advice, the City
of Swan is to refer the application, together with any
recommendations provided by all bodies consulted, and the
reasons why the advice of the Committee was not accepted
by the City of Swan, to the Commission for determination.
35 ".
page 17
Swan Valley Planning Legislation Amendment Bill 2004
Schedule 1 Consequential amendments
(8) Clause 30B(6) is amended by deleting "council of the Shire" and
inserting instead --
" City ".
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