PLANNING AND DEVELOPMENT ACT 2005

Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

PLANNING AND DEVELOPMENT ACT 2005

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Purposes and interpretation of this Act
4. Terms used
5. Crown bound
6. Act does not interfere with public works

PART 2 -- The Western Australian Planning Commission

Division 1 -- Establishment and management

7. Commission established
8. Status
9. Board of management
10. Membership of board
11. Board’s constitution and proceedings
12. Remuneration and allowances

Division 2 -- Functions and powers

13. Introduction to Commission’s role
14. Functions
15. Powers
16. Delegation by Commission
17. Minister may give Commission directions
18. Minister to have access to information
19. Committees of Commission
20. Fees for Commission’s services

Division 3 -- Administration

21. Secretary
22. Staff
23. Use of staff and facilities of public authorities

Division 4 -- Miscellaneous

24. Execution of documents

PART 3 -- State planning policies

25. Statements of planning policy under repealed Act, effect of
26. Preparation and content of State planning policy
27. Matters to be considered when preparing State planning policy
28. Process for preparation and approval of State planning policy
29. Persons and bodies performing functions to have due regard to State planning policies

PART 3A -- Planning codes

32A. Planning codes
32B. Process for preparation and approval of planning code or amendment
32C. Effect of planning code

PART 4 -- Region planning schemes

Division 1 -- Continuation and formulation of region planning schemes

33. Schemes under repealed Act, effect of
34. Region planning schemes, preparation and content of
35. Commission may resolve to prepare or amend region planning scheme
36. Restrictions on making or amending region planning scheme for metropolitan region
37. Region planning scheme may be amended or repealed

Division 2 -- Relevant considerations in preparation or amendment of region planning scheme or amendment and requirement to advertise

38. Referral of proposed scheme or amendment to EPA
39. Environmental review of proposed scheme or amendment
43. Advertising proposed scheme or amendment
45. Commission’s duties if proposed scheme or amendment is to be assessed under EP Act

Division 3 -- Submission and approval of region planning schemes or amendment other than minor amendments

47A. Region planning scheme or non-minor amendment to be submitted and approved under this Division
48. Proposed scheme or amendment and public submissions to be submitted to Minister
50. When Minister may submit proposed scheme or amendment for Governor’s approval
51. Minister may direct proposed scheme or amendment to be republicised
52. Modifications to proposed scheme or amendment, procedure on
53. Approval of Governor
54. Publicising approved scheme or amendment
55. Revoking approval of scheme or amendment
56. Parliament may disallow scheme or amendment

Division 4 -- Submission and approval of minor amendments to region planning schemes

56A. Term used: minor region planning scheme amendment
57. Proposed minor amendment may be submitted and approved under this Division
61. Minister not to approve proposed minor amendment in some cases
62. Minister may approve or decline to approve minor amendment

Division 4A -- Withdrawal of region planning scheme or amendment

62A. Minister may withdraw or direct withdrawal of proposed scheme or amendment

Division 5 -- Consolidation of region planning scheme

63. Minister may direct consolidation
64. Maps, plans, diagrams may be added or substituted
65. Certification and delivery of consolidation
66. Proof of consolidation
67. Consolidation of portion of region planning scheme

PART 5 -- Local planning schemes

Division 1 -- Continuation and formulation of local planning schemes

68. Town planning schemes under repealed Act, effect of
69. General objects of schemes
70. Scheme may be made for land outside scheme or be concurrent with another scheme
71. Scheme not to apply to redevelopment area or Swan Valley
72. Local government may prepare or adopt scheme
73. Contents of scheme
74. Repealing scheme
75. Amending scheme

Division 2 -- Minister’s powers in relation to local planning schemes

76. Minister may order local government to prepare or adopt scheme or amendment
77A. Minister may order local government to amend scheme to be consistent with State planning policy

Division 3 -- Relevant considerations in preparation or amendment of local planning scheme

77. Effect of State planning policies and planning codes on scheme
79. Heritage Council’s advice to be sought in some cases
80. Swan and Canning Rivers management programme, effect of
81. Referral of proposed scheme or amendment to EPA
82. Environmental review, when required etc.
83. Consultation requirements

Division 4 -- Advertisement and approval

83A. Proposed scheme or amendment to be submitted to Minister for approval to advertise
84. Advertising proposed scheme or amendment
85. Local government’s duties if proposed scheme or amendment to be assessed under EP Act
86. Minister not to approve proposed scheme or amendment in some cases
87. Approving and publicising scheme or amendment

Division 5 -- Review of local planning schemes

88. Consolidated scheme, when to be prepared
89. Consolidated scheme, public submissions to be sought on
90. Consolidated scheme, report on operation of required
91. Procedure if s. 90 report does not recommend change to scheme
92. Procedure if s. 90 report recommends change to scheme
93. Consolidated scheme, effect of publication of
94. Procedure if new scheme prepared following s. 90 report
95. Procedure if scheme repealed following s. 90 report
96. Consolidation of 2 or more schemes, when this Div. applies to

Division 6 -- Crown land

97. Schemes for Crown lands

PART 6 -- Interim development orders

Division 1 -- Regional interim development orders

98. Making and purpose of order
99. Contents of order
100. Commission to consult local government on some development applications
101. Restrictions on power to grant development approval

Division 2 -- Local interim development orders

102. Making and purpose of order
103. Contents of order

Division 3 -- Provisions applying to regional and local interim development orders

104. Consultation requirements
105. Publicising interim development order
106. Administration of interim development order
107. Effect and duration of interim development order
108. Existing lawful development not affected
109. Amending interim development order
110. Revoking interim development order
111. Non-conforming development by local government or public authority, procedure for

PART 7 -- Planning control areas

112. Declaration of planning control areas
113. Amending or revoking s. 112 declaration
114. Duration of s. 112 declaration
115. Development in planning control area, applying for approval of
116. Commission may approve or refuse s. 115 application
117. Commission may revoke approval if development does not conform with it
118. Existing lawful development not affected

PART 8 -- Improvement plans and schemes

Division 1 -- Improvement plans

119. Preparing and making improvement plan
120. Amending or revoking improvement plan
121. Commission’s powers as to land under improvement plan

Division 2 -- Improvement schemes

122A. Content of improvement scheme
122B. Preparing, approving and reviewing improvement scheme
122C. Existing lawful development not affected
122D. Effect of improvement scheme on other planning schemes
122E. Removal of land from improvement scheme area or repeal of improvement scheme, effect of
122F. Transitional provisions for amended improvement scheme area
122G. Applications for development pending when land removed or improvement scheme repealed
122H. Permanently closing street in improvement scheme area
122I. Some planning schemes have no force while improvement scheme in force
122J. Minister may amend local planning scheme to conform with improvement scheme
122K. Region planning scheme may be amended to conform with improvement scheme
122L. Minister has s. 211 and 212 powers for improvement scheme
122M. Fees for planning matters under improvement scheme, Commission may impose

Division 3 -- General

122. This Part does not derogate from other powers

PART 9 -- Relationship between planning schemes, planning control provisions and written laws

123. Local planning scheme or local law to be consistent with region planning scheme or Swan Valley Planning Scheme
124. Effect of region planning scheme on local planning scheme
125. Minister may direct local government to amend local planning scheme to be consistent with region planning scheme etc.
126. Local planning scheme, amendment of due to region planning scheme
127. Minister may direct local government to modify proposed scheme or amendment to be consistent with region planning scheme
128. Breach of s. 124(2), 125 or 127(2), Minister’s powers in case of
129. Inconsistency between interim development order and local planning scheme or local law, effect of
130. Planning control area provisions (Part 7) prevail
131. Building standards etc. prevail
131A. Relationship between Swan Valley Planning Scheme and other planning schemes or policies
132. Governor may modify or suspend law to enable planning scheme to have effect

PART 10 -- Subdivision and development control

Division 1 -- Application

133. Application of PART to Crown land
134. Relationship of Part to some other laws

Division 2 -- Approval for subdivision and certain transactions

135. No subdivision etc. without approval
136. Approval required for some dealings as to land not dealt with as lot or lots
137. Heritage land, subdivision etc. of
138. Commission’s functions when approving subdivision etc.
138A. Commission’s functions when approving subdivision etc. in Swan Valley
139. Leases and licences that do not need approval under s.
140. Saving of some agreements entered into without approval under s.
141. Refund where land transaction cannot be completed
142. Consultation requirements as to proposed subdivision
143. Commission’s duties when dealing with plan of subdivision
144. Reconsidering refusal to approve plan of subdivision
145. Diagram or plan of survey of approved plan of subdivision, approval of
145A. Period for submission of diagram or plan of survey for approval by Commission
145B. Land subject to strata titles scheme
146. No certificate of title for subdivided land without approved diagram or plan of survey
147. No registration etc. of some land dealings without Commission’s approval

Division 3 -- Conditions of subdivision

149A. Condition requiring termination of strata titles scheme
150. Road access, conditions as to
151. Reconsidering conditions
152. Certain land to vest in Crown
153. Setting aside land for open space or payment in lieu
154. Money paid in lieu of open space, application of
155. Value of land for s. 153, how determined
156. Valuation under s. 155, dispute as to
157. When approval of subdivision deemed to be approval under planning scheme

Division 4 -- Subdivision costs

158. Expenses of construction etc. of roads etc.
159. Subdivider may recover portion of road costs from later subdivider
160. Money payable under s. 159, recovery of
161. When subdivision occurs

Division 5 -- Development controls

162. No development except with approval
163. Application for development of heritage place
164. Development commenced or carried out, subsequent approval of

Division 5A -- Integration of subdivision and development

164A. Integration of subdivision and development

Division 6 -- Miscellaneous

165. Hazard etc. affecting land, notating titles as to
166. Encroachment that leads to approved subdivision
167. Easement, creation of etc. on subdivision etc.
168. Road, creation of etc. on subdivision etc.
169. Roads and waterways, minimum standards of construction for
170. Proposed road or waterway, drawings etc. of required

PART 11A -- Development Assessment Panels and development control

Division 1 -- Functions of DAPs

171A. Prescribed development applications, DAP to determine and regulations for
171B. DAP to carry out delegated functions

Division 2 -- Development Assessment Panels: establishment and administration

171C. Establishment of DAPs
171D. Constitution, procedure and conduct of DAPs
171E. Administration and costs of DAPs
171F. Review of regulations
171G. Regulations about transitional matters

PART 11B -- Development approval for significant development

Division 1 -- Preliminary

171H. Terms used
171I. Prescribed significant development
171J. Development to which this Part applies
171K. Relationship of this Part with other laws

Division 2 -- Determination of significant development applications

Subdivision 1 -- Making significant development applications

171L. Development application may be made to Commission for determination under this Part
171M. Authorisation for application raising issues of State or regional importance to be made under s. 171L
171N. Supplementary provisions about applications and authorisations

Subdivision 2 -- Considering and determining significant development applications

171O. Significant development application must be determined under s. 171P(1)
171P. Determination of significant development application by Commission
171Q. Procedures for dealing with significant development application
171R. Determining significant development application inconsistently with applicable planning instrument in some circumstances
171S. Provisions about determination of significant development application
171T. Time for determination of significant development application

Subdivision 3 -- Consequences of determination and amendment and cancellation of determination

171U. Effect of determination of significant development application under s. 171P(1)
171V. Enforcement powers of Commission in relation to conditions
171W. Substantial commencement of development approved under s. 171P(1)
171X. Amendment or cancellation of approval granted under s. 171P(1)

Division 3 -- Oversight of Commission

171Y. Review by State Administrative Tribunal
171Z. Ministerial call-in of application for review under s. 171Y
171ZA. Governor may amend or cancel approval granted by Commission under s. 171P(1)

Division 4 -- Miscellaneous

171ZB. Meetings to be open to public
171ZC. Fees
171ZD. Regulations

PART 11C -- Avoiding conflicts with certain development approvals

Division 1 -- Preliminary

171ZE. Terms used
171ZF. Relationship of this Part with other laws and instruments
171ZG. Relevant development approvals
171ZH. Performance of functions to which this Part applies
171ZI. When performance of function conflicts with relevant development approval

Division 2 -- Dealing with conflicts with relevant development approvals

171ZJ. Proposed performance of function that conflicts with relevant development approval
171ZK. Direction to decision-maker by Minister on notification of proposed performance of function
171ZL. Application for direction if performance of function conflicts with approval
171ZM. Direction by Minister on application if performance of function conflicts with approval
171ZN. Direction is disallowable subsidiary legislation
171ZO. Effect of performance of function in compliance with direction

Division 3 -- Regulations

171ZP. Regulations

PART 11 -- Compensation and acquisition

Division 1 -- General matters in relation to compensation

171. Entitlement to compensation, limits on

Division 2 -- Compensation where land injuriously affected by planning scheme

172. Terms used
173. Injurious affection, compensation for
174. When land is injuriously affected
175. No compensation if scheme’s provisions are, or could have been, in certain other laws
176. Questions as to injurious affection etc., how determined
177. When compensation payable if land reserved
178. Claim for compensation, time for making
179. Injurious affection due to land being reserved, amount of compensation for
180. Notating title to land after compensation paid
181. Recovering paid compensation if reservation revoked or reduced
182. Board of Valuers
183. Valuations by Board

Division 3 -- Other compensation

184. Betterment; compensation for expenses rendered abortive by amendment or repeal of scheme
185. Injurious affection due to interim development order
186. Injurious affection due to planning control area

Division 4 -- Purchase or compulsory acquisition

187. Acquiring land in lieu of paying compensation
188. Land to be acquired under s. 187, valuing
189. Land in proposed region planning scheme, Commission may purchase
190. Responsible authority may purchase land for planning scheme
191. Compulsory acquisition of land in scheme area
192. Land etc. to be acquired under s. 191, valuing
193. Responsible authority’s powers as to acquired land
194. Responsible authority may grant easement over acquired land
195. Commission’s powers to acquire land in improvement plan
196. Commission may sell etc. acquired land
197. Declaring land for public work to be instead held etc. for region planning scheme or improvement plan
197A. Planning control areas

PART 12 -- Financial provisions

Division 1 -- Metropolitan Region Improvement Fund

198. Metropolitan Region Improvement Account
199. MRI Account, application of

Division 2 -- Metropolitan Region Improvement Tax

200. Owners’ liability to pay tax
201. Tax collections, how to be dealt with MC

Division 3 -- Financial provisions relating to the Commission

202. Saving
203. Funds of Commission
204. Minister’s approval needed for some contracts and expenditure
205. Borrowing powers
206. Borrowing from Treasurer
207. Guarantees by Treasurer
208. Financial Management Act 2006 and Auditor General Act 2006, application of
209. Commission’s land not subject to rates etc.

Division 4 -- Financial provisions relating to local governments

210. Apportioning expenses between local governments

PART 13 -- Enforcement and legal proceedings

Division 1 -- Enforcement

211. Person aggrieved by local government’s omission may go to Minister; Minister’s powers
212. Breach of order etc. by local government, Minister’s powers as to
213. Minister’s action under s. 212, effect of
214. Illegal development, responsible authority’s powers as to
215. Illegal development, responsible authority’s powers to remove etc.
216. Breach of Act etc. or development approval, injunctions as to
217. Environmental conditions, Minister’s powers to enforce

Division 2 -- Offences

218. Planning scheme or condition on development, contravening etc.
219. Unauthorised subdivision works
220. Planning control area, unauthorised development in
221. Interim development order, contravening
222. Heritage place, unauthorised development in
223. General penalty
224. Other enforcement provisions not affected
225. Onus of proof in vehicle offence may be shifted

Division 3 -- Infringement notices

226. Terms used
227. Prescribed offences
228. Giving of infringement notice
229. Content of infringement notice
230. Extending time to pay modified penalty
231. Withdrawal of infringement notice
232. Benefit of paying modified penalty
233. Paid modified penalty, application of
234. Designated persons, appointment of
235. Notice placing onus on vehicle owner

Division 4 -- Entry and inspection powers for officers authorised by Commission

Subdivision 1 -- Preliminary

235A. Terms used

Subdivision 2 -- Authorised officers

235B. Commission may authorise certain persons for purposes of Division
235C. Identity cards
235D. Offences relating to authorised officers

Subdivision 3 -- Entry and inspection

235E. Powers of entry and inspection
235F. Authorised officer may apply for entry warrant
235G. Making entry warrant application
235H. Further provisions about entry warrant application made by remote communication
235I. Issuing entry warrant
235J. Effect of entry warrant
235K. Execution of entry warrant

PART 14 -- Applications for review

Division 1 -- Making and determination of applications for review

236. When this Part applies
237. Terms used
237A. How SAT to be constituted
238. SAT members, qualifications of
239. Legal representation, some applicants may elect there will be none
240. SAT to invite Minister for the Environment to make submission before determining certain applications
241. SAT to have regard to certain matters
242. Persons who are not parties, submissions from
243. Exclusion of powers to join parties
244. SAT review of some SAT decisions
245. Submissions by Minister to SAT
246. Minister may call in application to SAT for review
247. Determination of application by Minister

Division 2 -- Decisions which may be reviewed

249. Decision as to development under interim development order
250. Decision as to development in planning control area
251. Some decisions made under Part
252. Decision made in exercise of discretionary power under planning scheme
253. Failure of responsible authority to make decision within decision period

Division 3 -- Other applications for review

254. Decision made under EP Act s. 48I
255. Direction given under s.

PART 15 -- Subsidiary legislation

256. Regulations for content of local planning schemes
257A. Model provisions, effect of
257B. Deemed provisions, effect of
257C. Regulations dealing with performance of functions under local planning schemes in relation to single house development
258. Regulations for procedure and costs for local planning schemes
258A. Regulations as to procedure and costs for region planning schemes
259. Regulations for environmental review expenses
261. Local government fees for planning matters etc., regulations as to
262. Uniform general local laws
263. Regulations: general
264. Regulations may adopt codes and other texts

PART 16 -- Miscellaneous

265. Delegation by Minister
266. Duties and liabilities of persons performing functions under this Act or Swan Valley Planning Act 2020
267A. Crown and State land, who may sign documents as to
267B. Electronic planning maps
267C. Certified copies of electronic planning maps
267. Protection from personal liability
268A. Laying documents before House of Parliament that is not sitting
268. Review of Act

PART 17 -- Special provisions for COVID-19 pandemic relating to development applications

Division 1 -- Preliminary

269. Terms used
270. Effect of Part

Division 2 -- Commission to determine certain development applications

Subdivision 1 -- Applications and referrals

271. Development applications that may be made directly to Commission during recovery period or extended recovery period
272. Development applications that may be referred to Commission by Premier during recovery period or extended recovery period
273. Supplementary provisions for applications and referrals

Subdivision 2 -- Determinations

274. Determination of development applications by Commission
275. Application of legal instruments and matters to which Commission must have due regard
276. Consultation, submissions and other input
277. Effect of Commission determination under s.
277A. Enforcement powers of Commission in relation to conditions
278. Substantial commencement of development approved by Commission under s.
279. Amendment or cancellation of approval granted by Commission under s.

Division 4 -- Oversight of Commission

283. State Administrative Tribunal
284. Governor may amend or cancel approval granted by Commission under s.

Division 5 -- Final matters

285. Fees
286. Regulations

PART 18 -- Extension of time for endorsement of diagram or plan of survey due to COVID-19 pandemic

287. Term used: COVID-19 emergency start date
288. Extension of time for endorsement of diagram or plan of survey of approved subdivision

PART 19 -- Transitional provisions

Division 1 -- Provisions for Planning and Development Amendment Act 2020

289. LDAP or JDAP continues as DAP for district or districts
290. Preparation and approval of planning schemes where process commenced before commencement day
291. R-Codes taken to be planning codes
292. Regulations made by Minister continue in force
293. Electronic planning maps prepared before commencement day
294. Transitional regulations

Division 2 -- Provisions for Planning and Development Amendment Act 2022

295. Amendments to development approvals
296. Fees

Division 3 -- Provisions for Planning and Development Amendment Act 2023

Subdivision 1 -- Preliminary

297. Term used: 2023 amendment Act

Subdivision 2 -- Avoiding conflicts with development approvals

298. Provisions about avoiding conflicts with development approvals

Subdivision 3 -- Western Australian Planning Commission

299. Terms used and interaction with Interpretation Act 1984 s.
300. Membership of board
301. New board may exercise powers of Commission before reconstitution day
302. Membership of Executive, Finance and Property Committee
303. Membership of Statutory Planning Committee
304. Membership of Swan Valley Statutory Planning Committee
305. Other continuing committees
306. Board of management of Metropolitan Redevelopment Authority
307. Certain committees abolished

Subdivision 4 -- Consolidation of planning schemes

308. Term used: repeal day
309. Proof of consolidation of region planning scheme
310. Proof of consolidation of local planning scheme
311. Application of amended s. 138(3)(a) and 171R(1)(b)(ii) in relation to previous review of local planning scheme

Subdivision 5 -- Reviews of planning decisions

312. Applications made to State Administrative Tribunal

Subdivision 6 -- Regulations

313. Transitional regulations
SCHEDULE 2 -- Committees
SCHEDULE 3 -- Metropolitan region
SCHEDULE 4 -- Other regions
SCHEDULE 5 -- Local governments -- metropolitan region
SCHEDULE 6 -- Planning control areas: purposes for which land may be required
SCHEDULE 7 -- Matters which may be dealt with by planning scheme
SCHEDULE 8 -- Matters for which local laws may be made by Governor
SCHEDULE 9 -- Board of Valuers

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback