Western Australian Repealed Acts

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This legislation has been repealed.

TOWN PLANNING AND DEVELOPMENT ACT 1928 - NOTES

Notes

1 This is a compilation of the Town Planning and Development Act 1928 and includes the amendments made by the other written laws referred to in the following table 1a, 7-11. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Town Planning and Development Act 1928

39 of 1928

28 Dec 1928

1 Nov 1929 (see s. 1 and Gazette 1 Nov 1929 p. 2432)

Town Planning and Development Act Amendment Act 1943

16 of 1943

20 Oct 1943

20 Oct 1943

Town Planning and Development Act Amendment Act 1944

41 of 1944

11 Jan 1945

11 Jan 1945

Town Planning and Development Act Amendment Act 1945

16 of 1945

9 Jan 1946

9 Jan 1946

Town Planning and Development Act Amendment Act 1947

29 of 1947

18 Nov 1947

18 Nov 1947

Reprint of the Town Planning and Development Act 1928 in Vol. 4 of Reprinted Acts 11(includes amendments listed above)

Town Planning and Development Act Amendment Act 1953

79 of 1953

18 Jan 1954

18 Jan 1954

Limitation Act 1935 s. 48A(1)

35 of 1935 (as amended by No. 73 of 1954 s. 8)

14 Jan 1955

Relevant amendments (see s. 48A and Second Sch. 12) took effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and Gazette 18 Feb 1955 p. 343)

Town Planning and Development Act Amendment Act 1955

63 of 1955

19 Dec 1955

19 Dec 1955

Town Planning and Development Act Amendment Act 1956

79 of 1956

17 Jan 1957

17 Jan 1957

Reprint of the Town Planning and Development Act 1928 approved 15 May 1957 in Vol. 11 of Reprinted Acts (includes amendments listed above)

Town Planning and Development Act Amendment Act 1957

68 of 1957

6 Dec 1957

6 Dec 1957

Town Planning and Development Act Amendment Act (No. 2) 1957

79 of 1957

23 Dec 1957

23 Dec 1957

Town Planning and Development Act Amendment Act (No. 2) 1958 13

61 of 1958

24 Dec 1958

24 Dec 1958

Town Planning and Development Act Amendment Act (No. 3) 1959

49 of 1959

20 Nov 1959

20 Nov 1959

Town Planning and Development Act Amendment Act 1961

64 of 1961

28 Nov 1961

1 Jan 1962 (see s. 2 and Gazette 22 Dec 1961 p. 3860)

Reprint of the Town Planning and Development Act 1928 approved 26 Jun 1962 (not in a Volume) (includes amendments listed above)

Town Planning and Development Act Amendment Act 1962

45 of 1962

1 Nov 1962

1 Nov 1962

Town Planning and Development Act Amendment Act 1965

98 of 1965

17 Dec 1965

17 Dec 1965

Decimal Currency Act 1965

113 of 1965

21 Dec 1965

Act other than s. 4-9: 21 Dec 1965 (see s. 2(1));
s. 4-9: 14 Feb 1966 (see s. 2(2))

Reprint of the Town Planning and Development Act 1928 approved 28 Aug 1967
(not in a Volume) (includes amendments listed above)

Town Planning and Development Act Amendment Act 1967

25 of 1967

27 Oct 1967

27 Oct 1967

Town Planning and Development Act Amendment Act 1969

31 of 1969

16 May 1969

16 May 1969

Town Planning and Development Act Amendment Act 1970

117 of 1970

10 Dec 1970

15 Feb 1971 (see s. 2 and Gazette 12 Feb 1971 p. 378)

Town Planning and Development Act Amendment Act 1972

34 of 1972

16 Jun 1972

16 Jun 1972

Metric Conversion Act 1972

94 of 1972 (as amended by No. 19 and 83 of 1973, 42 of 1975)

4 Dec 1972

Relevant amendments (see Second Sch. 14) took effect on 1 Jul 1973 (see s. 4(2) and Gazette 22 Jun 1973 p. 2378)

Reprint of the Town Planning and Development Act 1928 approved 8 Mar 1973
(includes amendments listed above except those in the Metric Conversion Act 1972)

Town Planning and Development Act Amendment Act 1973

30 of 1973

6 Jun 1973

6 Jun 1973

Town Planning and Development Act Amendment Act 1974

14 of 1974

16 Oct 1974

Act other than s. 3: 16 Oct 1974 (see s. 2(1));
s. 3: 15 Nov 1974 (see s. 2(2) and Gazette 15 Nov 1974 p. 5053)

Town Planning and Development Act Amendment Act 1975

69 of 1975

7 Nov 1975

7 Nov 1975

Town Planning and Development Act Amendment Act 1976

103 of 1976

17 Nov 1976

25 Jun 1979 (see s. 2 and Gazette 25 Jun 1979 p. 1757)

Town Planning and Development Act Amendment Act 1978

32 of 1978

22 May 1978

25 Jun 1979 (see s. 2 and Gazette 25 Jun 1979 p. 1757)

Acts Amendment and Repeal (Valuation of Land) Act 1978 Pt. XIV

76 of 1978

20 Oct 1978

1 Jul 1979 (see s. 2 and Gazette
11 May 1979 p. 1211)

Mining Act 1978 s. 3

107 of 1978

8 Dec 1978

1 Jan 1982 (see s. 2(2) and Gazette 18 Dec 1981 p. 5085)

Town Planning and Development Act Amendment Act 1979

89 of 1979

11 Dec 1979

11 Dec 1979

Reprint of the Town Planning and Development Act 1928 approved 22 May 1980 (includes amendments listed above except those in the Mining Act 1978)

Town Planning and Development Amendment Act 1980

72 of 1980

26 Nov 1980

Act other than s. 3, 4 and 6-11: 26 Nov 1980 (see s. 2(1));
s. 3 and 4: 14 Dec 1980 (see s. 2(2));
s. 6-9 and 11: 25 Dec 1980 (see s. 2(3));
s. 10: 18 Mar 1983 (see s. 2(4) and Gazette 18 Mar 1983 p. 869)

Acts Amendment (Land Use Planning) Act 1981 Pt. III

79 of 1981

9 Nov 1981

18 Dec 1981 (see s. 2 and Gazette 18 Dec 1981 p. 5166)

Acts Amendment (Metropolitan Region Town Planning Scheme) Act 1982 Pt. III

73 of 1982

29 Oct 1982

29 Oct 1982

Town Planning and Development Act Amendment Act 1982 15-20

120 of 1982
(as amended by No. 32 of 1983 s. 8 and No. 84 of 1994 s. 60 21)

10 Dec 1982

Act other than s. 6-8, 15 and 19-22: 10 Dec 1982 (see s. 2(1));
s. 15 and 19-22: 20 May 1983 (see s. 2(2) and Gazette
20 May 1983 p. 1522);
s. 6 and 7: 10 Mar 1986 (see s. 2(2) and Gazette 7 Mar 1986 p. 692)

Acts Amendment (Mining) Act 1982 Pt. III

122 of 1982

10 Dec 1982

10 Dec 1982 (see s. 2(1))

Town Planning and Development Amendment Act 1983 22

32 of 1983

1 Dec 1983

1 Dec 1983

Town Planning and Development Amendment Act 1985

7 of 1985

25 Mar 1985

22 Apr 1985

Acts Amendment (State Planning Commission) Act 1985 Pt. II

92 of 1985

4 Dec 1985

6 Dec 1985 (see s. 2 and Gazette 6 Dec 1985 p. 4591)

Commercial Arbitration Act 1985 s. 3(1)

109 of 1985

7 Jan 1986

1 Apr 1986 (see s. 2 and Gazette 28 Feb 1986 p. 605)

Town Planning and Development Amendment Act 1986 23

26 of 1986

29 Jul 1986

Act other than s. 5(2) and 10(2): 29 Jul 1982 (see s. 2(1));
s. 5(2) and 10(2): 19 Jan 1987 (see s. 2(2) and Gazette 31 Dec 1986 p. 5027)

Acts Amendment and Repeal (Environmental Protection) Act 1986 s. 34

77 of 1986

4 Dec 1986

20 Feb 1987 (see s. 2 and Gazette 20 Feb 1987 p. 440)

Acts Amendment (Swan River Trust) Act 1988 Pt. 9

21 of 1988

5 Oct 1988

1 Mar 1989 (see s. 2 and Gazette 27 Jan 1989 p. 264)

Reprint of the Town Planning and Development Act 1928 as at 19 Dec 1988
(includes amendments listed above except those in the Acts Amendment (Swan River Trust) Act 1988)

Acts Amendment (Heritage Council) Act 1990 Pt. 2 Div. 4

97 of 1990

22 Dec 1990

25 Feb 1991 (see s. 2 and Gazette 22 Feb 1991 p. 868)

East Perth Redevelopment Act 1991 s. 59

62 of 1991

30 Dec 1991

1 Jul 1992 (see s. 2 and Gazette
1 Jul 1992 p. 2945)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Acts Amendment (Public Sector Management) Act 1994 s. 3(2)

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Subiaco Redevelopment Act 1994 s. 67

35 of 1994

8 Jul 1994

24 Aug 1994 (see s. 2 and Gazette 23 Aug 1994 p. 4364)

Energy Corporations (Transitional and Consequential Provisions) Act 1994 s. 109

89 of 1994

15 Dec 1994

1 Jan 1995 (see s. 2(2) and Gazette 23 Dec 1994 p. 7069)

Planning Legislation Amendment Act (No. 2) 1994 s. 46 and Pt. 6

84 of 1994

13 Jan 1995

1 Mar 1995 (see s. 2 and Gazette 21 Feb 1995 p. 567)

Swan Valley Planning Act 1995 s. 27 24, 25

31 of 1995

18 Sep 1995

25 Nov 1995 (see s. 2 and Gazette 24 Nov 1995 p. 5389)

Strata Titles Amendment Act 1995 s. 100

58 of 1995

20 Dec 1995

14 Apr 1996 (see s. 2 and Gazette 15 Mar 1996 p. 981)

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 s. 188

73 of 1995

27 Dec 1995

1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291)

Reprint of the Town Planning and Development Act 1928 as at 21 Feb 1996
(includes amendments listed above except those in the Strata Titles Amendment Act 1995)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Planning Legislation Amendment Act 1996 Pt. 6 26

23 of 1996

11 Jul 1996

4 Aug 1996 (see s. 2 and Gazette 2 Aug 1996 p. 3615)

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Transfer of Land Amendment Act 1996 s. 153(1) and (2)

81 of 1996

14 Nov 1996

s. 153(1) (to the extent that it would amend s. 2(1) and 21(2)): 14 Nov 1996 (see s. 2(1));
s. 153(2): 14 Nov 1996 (see s. 2(1));
s. 153(1) (to the extent that it would amend s. 20(2), 20A, 27A(1) and 28(3)): 3 Feb 1997 (see s. 2(4) and Gazette 31 Jan 1997 p. 613)

Acts Amendment (Land Administration) Act 1997 Pt. 59 and s. 142

31 of 1997

3 Oct 1997

30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)

Statutes (Repeals and Minor Amendments) Act 1997 s. 121

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 68

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

Reprint of the Town Planning and Development Act 1928 as at 19 Mar 1999
(includes amendments listed above)

Midland Redevelopment Act 1999 s. 78

38 of 1999

11 Nov 1999

1 Jan 2000 (see s. 2 and Gazette 31 Dec 1999 p. 7059)

Gas Corporation (Business Disposal) Act 1999 s. 68 and 86

58 of 1999

24 Dec 1999

s. 68: 24 Dec 1999 (see s. 2(1)); s. 86: 1 Jul 2000 (see s. 2(2) and Gazette 4 Jul 2000 p. 3545)

Planning Legislation Amendment Act 1999 Pt. 2

59 of 1999

10 Jan 2000

19 Dec 2000 (see s. 2 and Gazette 19 Dec 2000 p. 7273)

Statutes (Repeals and Minor Amendments) Act 2000 s. 14(13) and 41

24 of 2000

4 Jul 2000

4 Jul 2000 (see s. 2)

Reprint of the Town Planning and Development Act 1928 as at 3 Nov 2000
(includes amendments listed above except those in the Planning Legislation Amendment Act 1999)

Hope Valley-Wattleup Redevelopment Act 2000 s. 39

77 of 2000

7 Dec 2000

1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)

Armadale Redevelopment Act 2001 s. 69

25 of 2001

26 Nov 2001

23 Mar 2002 (see s. 2 and Gazette 22 Mar 2002 p. 1651)

Planning Appeals Amendment Act 2002 Pt. 2 and 3 27, 28

24 of 2002
(as amended by No. 55 of 2004 s. 1225)

24 Sep 2002

18 Apr 2003 (see s. 2 and Gazette 17 Apr 2003 p. 1243)

Environmental Protection Amendment Act 2003 s. 68(9)

54 of 2003

20 Oct 2003

19 Nov 2003 (see s. 2 and Gazette 18 Nov 2003 p. 4723)

Local Government Amendment Act 2004 s. 13

49 of 2004

12 Nov 2004

1 Apr 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004Pt. 2 Div. 126 29-31

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Reprint 11: The Town Planning and Development Act 1928 as at 10 Jun 2005 (includes amendments listed above)

Electricity Corporations Act 2005 s. 139

18 of 2005

13 Oct 2005

1 Apr 2006 (see s. 2(2) and Gazette 31 Mar 2006 p. 1153)

This Act was repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 4 (No. 38 of 2005) as at 9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)

1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Contaminated Sites Act 2003 s. 100 32

60 of 2003

7 Nov 2003

To be proclaimed (see s. 2)

Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 4 34

38 of 2005

12 Dec 2005

To be proclaimed (see s. 2)

2 Under the Public Sector Management Act 1994 the names of departments may be changed. At the time this compilation was prepared, the former Department of Land Administration was called the Department of Land Information and the Minister was the Minister for Land Information.

3 Under the Land Administration Act 1997 s. 281(3), a reference to the Land Act 1933 in a written law is, unless the contrary intention appears, to be read and construed as being a reference to the Land Administration Act 1997.

4 Repealed by the Mining Act 1978.

5 The Local Government Act Amendment Act (No. 4) 1969 came into operation on 12 Dec 1969. See Gazette 12 Dec 1969 p. 4001.

6 See the Local Government (Miscellaneous Provisions) Act 1960.

7 The Town Planning and Development Act 1928 is affected by the —

Soil and Land Conservation Act 1945 s. 3;

Metropolitan Region Town Planning Scheme Act 1959; and the

Industrial Lands Development Authority Act 1966.

8 The Town Planning and Development Act 1928 is affected by the Dampier to Bunbury Pipeline Act 1997 Sch. 4 cl. 45 which reads as follows:

“

Schedule 4 — Amendments to, or modification of, certain Acts

45. Section 20

Section 20(1) of the Town Planning and Development Act 1928 does not apply to the conferral of rights under section 34 of this Act.

”.

9 The Town Planning and Development Act 1928 is affected by the Rail Freight Systems Act 2000 Pt. 5 Div. 7 which reads as follows:

“

Division 7 — Town Planning and Development Act 1928

105. Section 20

Section 20(1) of the Town Planning and Development Act 1928 does not apply to —

(a) a disposal of an interest in corridor land;

(b) a disposal under Part 2; or

(c) any conveyance to give effect to a disposal described in paragraph (a) or (b).

”.

10 The amendment in the Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 70 is not included because the section it sought to amend had been repealed by the Planning Appeals Amendment Act 2002s. 11 before the amendment purported to come into operation.

11 In this compilation the numbering of Parts, sections, Divisions, etc., effected in the 1951 reprint (in Volume 4 of the Reprinted Acts of Parliament of Western Australia) and subsequent reprints has again been retained. References to the original numbering are contained in those reprints.

12 Section 48A and the Second Schedule were inserted by the Limitation Act Amendment Act 1954 s. 8.

13 The Town Planning and Development Act Amendment Act (No. 2) 1958 s. 2(2) and 6(2) are restrospective provisions.

14 The Second Schedule was inserted by the Metric Conversion Act Amendment Act 1973.

15 The Town Planning and Development Amendment Act 1982 s. 4(2) and (3) are transitional provisions that are of no further effect.

16 The Town Planning and Development Amendment Act 1982 s. 10(2) is a transitional provision that is of no further effect.

17 The Town Planning and Development Amendment Act 1982 s. 12(2) is a transitional provision that is of no further effect.

18 The Town Planning and Development Amendment Act 1982 s. 19(2) is a transitional provision that is of no further effect.

19 The Town Planning and Development Amendment Act 1982 s. 21(2) is a transitional provision that is of no further effect.

20 The Town Planning and Development Amendment Act 1982 s. 23(2) is a transitional provision that is of no further effect.

21 The Town Planning and Development Amendment Act 1982 s. 8 was repealed by the Planning Legislation Amendment Act (No. 2) 1994 s. 60 before it was proclaimed.

22 The Town Planning and Development Amendment Act 1983 s. 4(2) is a transitional provision that is of no further effect.

23 The Town Planning and Development Amendment Act 1986 s. 8(2) is a transitional provision that is of no further effect.

24 The Swan Valley Planning Act 1995 Sch. 2 cl. 11(2) reads as follows:

“
(2) The provisions inserted by subclause (1) do not apply to a town planning scheme or an amendment to a town planning scheme that was prepared before the commencement of section 27 of this Act.

”.

25 The Swan Valley Planning Act 1995 Sch. 2 cl. 12(2) reads as follows:

“
(2) The provisions inserted by subclause (1) do not apply to any application for approval under section 20 of the principal Act made before the commencement of section 27 of this Act.

”.

26 The Planning Legislation Amendment Act 1996 s. 45(2) and (3) are transitional provisions that are of no further effect.

27 The Planning Appeals Amendment Act 2002 s. 12 and Pt. 3 (as amended by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1225) read as follows:

“

[12. Repealed by No. 55 of 2004 s. 1225(2).]

Part 3—Transitional provisions

15. Interpretation

In this Part —

“commencement day” means the day on which section 11 of this Act comes into operation;

“new Part” means Part V of the Town Planning and Development Act 1928 as inserted by this Act;

“repealed Part” means Part V of the Town Planning and Development Act 1928 as repealed by section 11 of this Act.

16. Interpretation Act 1984 not affected

The provisions of this Part do not affect the application of the Interpretation Act 1984 to and in relation to the repeal effected by section 11 of this Act.

17. Current appeals

(1) In this section —

“appeal” means an appeal within the meaning of section 37 of the repealed Part.

(2) Subject to subsection (4), an appeal commenced before the commencement day but not finally determined on or before that day, may be dealt with and determined under the repealed Part as if section 11 of this Act were not in operation.

(3) Despite section 19(2)(a), a person who is a member of the Town Planning Appeal Tribunal under the repealed Part immediately before the commencement day may continue in office for the purpose of dealing with and determining an appeal commenced before commencement day but not finally determined on or before that day.

[(4) repealed]

[Section 17 amended by No. 55 of 2004 s. 1225(3).]

[18. Repealed by No. 55 of 2004 s. 1225(4).]

19. Existing appointments

(1) On and after the commencement day —

(a) the Chairman of the Appeal Tribunal under the repealed Part immediately before the commencement day is taken to have been appointed as President of the Tribunal under and subject to the Town Planning and Development Act 1928 as amended by this Act and is to be taken to have been so appointed for a term expiring on the day on which his term as Chairman would, but for this Act, have expired;

(b) the Registrar of the Appeal Tribunal under the repealed Part immediately before the commencement day is taken to be the Registrar of the Tribunal for the purposes of the Town Planning and Development Act 1928 as amended by this Act under and subject to Part 3 of the Public Sector Management Act 1994.

(2) On the commencement day any person who immediately before that day held the office of —

(a) a member or deputy member of the Appeal Tribunal under the Town Planning and Development Act 1928; or

(b) a member of the Town Planning Appeal Committee under the Town Planning and Development Act 1928,

vacates that office.

20. Submissions under Metropolitan Region Town Planning Scheme Act 1959

On the coming into operation of section 26 of this Act, any submission received by the Minister under section 33A of the Metropolitan Region Town Planning Scheme Act 1959, and not reported on under section 33A(5) of that Act, is to be dealt with by the Commission as if the submission had been received by the Commission under section 33A of the Metropolitan Region Town Planning Scheme Act 1959 as amended by this Act.”.

28 ThePlanning Appeals Amendment Act 2002 s. 21 expired on 24 Sep 2003 (see s. 21(5)).

29 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 126 Subdiv. 3 reads as follows:

“

Subdivision 3 — Transitional provisions

1226. Ministerial referrals

(1) In this section —

“appeal” means an appeal within the meaning of section 37 of the repealed Part V of the Town Planning and Development Act 1928 as repealed by section 11 of the Planning Appeals Amendment Act 2002;

“Minister” means the Minister administering the Town Planning and Development Act 1928.

(2) If an appeal has been made to the Minister after 1 July 2001 but not finally determined or referred to the Town Planning Appeal Tribunal under section 17(4) of the Planning Appeals Amendment Act 2002 before the commencement of this Division, the appeal may be referred by the Minister to the State Administrative Tribunal for determination and the State Administrative Tribunal has the same powers and functions in relation to the appeal as if it were an application for a review of the matter made to the State Administrative Tribunal.

(3) Section 167 of the State Administrative Tribunal Act 2004 extends to an appeal made to the Minister after 1 July 2001 and referred to the Town Planning Appeal Tribunal under section 17(4) of the Planning Appeals Amendment Act 2002 before the commencement of this section.

1227. References to Committee and Tribunal

(1) Unless the context otherwise requires, where in any written law or in any document of any other kind there is a reference to an appeal to the Town Planning Appeal Committee or the Town Planning Appeal Tribunal that reference is to be read and construed as a reference to an application for review made to the State Administrative Tribunal.

(2) Unless the context otherwise requires, where in any written law or in any document of any other kind there is a reference to a decision or determination of the Town Planning Appeal Committee or the Town Planning Appeal Tribunal that reference is to be read and construed as a reference to a decision or determination of the State Administrative Tribunal.

1228. Entitlements

(1) In this section —

“former President” means the person who was the President of the Town Planning Appeal Tribunal immediately before the commencement of section 1202;

“unexpired term” means that portion of the term of office of the former President that had not expired before the commencement of section 1202.

(2) Despite section 119(1) of the State Administrative Tribunal Act 2004, the rates of remuneration and allowances to which the former President is entitled in respect of any service as a member of the State Administrative Tribunalduring the unexpired term are not to be less than the rates of remuneration and allowances to which he or she would have been entitled in respect of the performance of his or her functions as the President of the Town Planning Appeal Tribunal during the unexpired term if this Act had not been enacted.

”.

30 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

31 The State Administrative Tribunal Regulations 2004 r. 40 reads as follows:

“

40. Town Planning and Development Act 1928

(1) In this regulation, unless the contrary intention appears —

“commencement day” means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 126 comes into operation.

(2) Subregulations (3) and (4) apply if —

(a) before the commencement day, under the Town Planning and Development Act 1928section 40(3)(b), the appellant had elected at the time of commencing the appeal to have the appeal determined by a single ordinary member, and the other parties to the appeal had agreed with that election; and

(b) the appeal is transferred to the Tribunal under section 167(4)(a) or (b) of the Act.

(3) If this subregulation applies, despite the Act section 11 and the Town Planning and Development Act 1928 section 38 the Tribunal is to be constituted by an ordinary member sitting alone.

(4) If this subregulation applies and the appellant has, before the commencement day, made an election under the Town Planning and Development Act 1928section 58(3), as in force on the day of election —

(a) the Act section 39 does not apply to the hearing of the matter before the Tribunal; and

(b) the Town Planning and Development Act 1928section 58(4) applies to that hearing as if that subsection had not been amended on the commencement day.

(5) If —

(a) before the commencement day the Registrar has fixed a time and day for the mediation of a Class 2 appeal under the Town Planning Appeal Tribunal Rules 2003 rule 17(1) and a party to the appeal has not given a notice under rule 17(4) of those rules; and

(b) the appeal is transferred to the Tribunal under section 167(4)(a) of the Act,

on or after the commencement day —

(c) the Act section 54 applies as if the Tribunal had referred the matter for mediation under the Act section 54(1); and

(d) the Tribunal is to specify a person as a mediator for the purposes of section 54.

(6) If —

(a) before the commencement day the Registrar has fixed a time and day for the mediation of a Class 2 appeal under the Town Planning Appeal Tribunal Rules 2003 rule 17(1) and a party to the appeal has given a notice under rule 17(4) of those rules; and

(b) the appeal is transferred to the Tribunal under the Act section 167(4)(a),

on or after the commencement day the Act section 54 does not apply.

(7) If —

(a) before the commencement day the Registrar has fixed a time and day for the mediation of a Class 2 appeal under the Town Planning Appeal Tribunal Rules 2003 rule 17(1) and a party to the appeal has not given a notice under rule 17(4) of those rules;

(b) a party to the appeal purports to give the notice under rule 17(4) on or after the commencement day but within 14 days of the notice of appeal being filed and served; and

(c) the appeal is transferred to the Tribunal under the Act section 167(4)(a),

on or after the commencement day the Act section 54 does not apply.

”.

32 On the date as at which this compilation was prepared, the Contaminated Sites Act 2003 s. 100, which gives effect to Sch. 3, had not come into operation. It reads as follows:

“

100. Consequential amendments to other Acts

Schedule 3 has effect.

”.

Schedule 3 cl. 3 reads as follows:

“

Schedule 3 — Consequential provisions

[s. 100]

3. Town Planning and Development Act 1928 amended

(1) The amendment in this clause is to the Town Planning and Development Act 1928.

(2) Section 20(1)(a) is amended by inserting after “1986,” —

“ to section 58(6) of the Contaminated Sites Act 2003, ”.

”.

33 Footnote no longer applicable.

34 On the date as at which this compilation was prepared, the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 4, which gives effect to Sch. 1, had not come into operation. It reads as follows:

“

4. Acts in Schedule 1 repealed

The Acts mentioned in Schedule 1 are repealed.

”.

Schedule 1 reads as follows:

“

Schedule 1 — Acts repealed

[s. 4]

..............

Town Planning and Development Act 1928

..............

”.


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)
a subdivisional road 28A(1)
appointed day 12(2)
assessed scheme 2(1)
building line 2(1)
Commission 2(1)
Committee 7A(6), 24A(7)
decision period 26
development 2(1)
district 2(1)
environmental condition 2(1)
EP Act 2(1)
EPA 2(1)
Heritage Council 2(1)
land 2(1), 12(2), 20
legal practitioner 2(1)
licence to use or occupy 20
licensed valuer 20C(7)
lot 2(1)
Metropolitan Region Scheme 2(1)
Minister 69(5), 69(5)
Minister for the Environment 2(1)
non-conforming use 12(2)
notice 9(5)
ordinary member 37
party 37
planning matter 33B(1)
planning scheme 36(5)
prescribed period 9(5)
President 37
proper date 9(5)
public authority 2(1)
public purpose 12(2)
regional planning scheme 37
regulations 2(1)
responsible authority 2(1)
rules 2(1)
specified 27A(6)
subdivision 2(1)
Swan Valley 7A(6), 24A(7)
Swan Valley Planning Committee 7A(6), 24A(7)
the amending Act 28A(1)
the later subdivider 28A(1)
the original subdivider 28A(1)
the relevant provision 18A(1)
town planning 2(1)
waterway 2(1)



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