Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) If section 70(4)
requires the Minister, as soon as is practicable, to cause a copy of a
direction to be laid before, or transmitted in accordance with this subsection
to the Clerk of, each House of Parliament and —
(a) at
the commencement of the period of 14 days after the day on which the direction
is given, a House of Parliament is not sitting; and
(b) the
Minister is of the opinion that the House will not sit during that period,
the Minister is to
transmit a copy of the direction to the Clerk of that House.
(2) A copy of a
direction transmitted to the Clerk of a House is to be regarded as having been
laid before that House.
(3) The laying of a
copy of a direction that is to be regarded as having occurred under subsection
(2) is to be recorded in the Minutes, or Votes and Proceedings, of the House
on the first sitting day of the House after the Clerk received the copy.
[Section 72 inserted by No. 55 of 2004 s. 1221.]
[ 73-75. Repealed by No. 55 of 2004 s. 1222.]
(sections 6 and 8)
Matters which may be dealt with by general provisions
1. Streets, roads, and rights-of-way generally
including probable new routes and junctions; and particularly the levels
alteration, widening, closing, diverting, raising, lowering, aligning,
realigning, grading, regrading, classifying, reclassifying, naming, renaming,
constructing, reconstructing, maintaining, repairing, draining, redraining,
sewering, resewering, beautifying, gardening, and tree planting of streets,
roads and rights-of-way, the junctions and intersections of streets, roads,
rights-of-way and the excision of their corners, the laying of sewers, pipes
and wires, and the placing of lamps, lamp posts, tramway poles, monuments,
fences, gateways, public signs, notices, and other objects in or on land
adjacent to streets, roads, and rights-of-way.
2. Parks and open spaces generally; and
particularly public reserves, gardens, playgrounds, sports and recreation
grounds, public and private camping grounds and reserves, drill grounds,
aviation grounds, public squares and other open public spaces, and fences,
railings, monuments, statues, buildings, and other erections or works on
parks, open spaces, public squares, and other public places.
3. Gardens and park spaces for the use of
particular parts of the area, and park ways for general use.
4. Public conveniences generally; and particularly
churches, schools, educational and recreational institutions, libraries,
public buildings, theatres and other places of public entertainment,
fountains, public comfort stations, and refreshment kiosks and other
buildings.
5. The subdivision of land generally; and in
particular any requirements deemed necessary —
(a) in
regard to new subdivisions or re-subdivisions of any land (or maps, plans,
sections, or particulars thereof) contained within the scheme area, including
drainage, size and shape of allotments (or separate parcels of land), and
access thereto;
(b) for
the classification of, and prescribing and determining, notwithstanding the
provisions of the Local Government Act 1995 , any requirements in regard to
the length or width of any street, road or right-of-way according to the use
to which such street, road or right-of-way is likely to be put, or according
to the physical features of the land, together with the design, method of
construction, and cost of completion or alignment of any street, road, or
right-of-way; and
(c) for
dealing with or disposing of land acquired under this Act by a responsible
authority, or by any local government or other public body or any person.
6. The replanning and reconstruction of the scheme
area, or any part thereof, including any provisions necessary for —
(a) the
pooling of the lands of several owners (or any lands, roads, streets, or
rights-of-way adjacent or near thereto);
(b) the
redivision of such land among such owners or among such other persons as may
be provided for in the scheme;
(c)
providing and making new roads, streets or rights-of-way;
(d)
adjusting and altering the boundaries of any such lands, roads, streets, or
rights-of-way;
(e)
effecting such exchanges of land, or cancellation of existing subdivisions as
may be necessary or convenient for the purposes aforesaid;
(f)
adjustment of rights between such owners or other persons interested in such
lands, roads, streets, or rights-of-way;
(g) the
vesting of such lands, roads, streets, or rights-of-way subject or not subject
to any rights or trusts; and any other provisions necessary for giving effect
to the purposes aforesaid.
7. Buildings generally, and in particular —
(a) the
height, location, purpose, dimensions or the general character of buildings;
(b) the
special control and regulation of buildings;
(c) the
demolition or alteration of buildings;
(d) the
prevention of the erection of ugly buildings which may destroy local
amenities;
(e) the
prohibition or regulation of the placing or subject to section 11 or a
reasonable time limit, the continuance of advertisements, advertising
hoardings, illuminated signs and other advertising devices and erections, or
other disfigurements;
(f) the
placing of new public buildings;
(g)
harmony in the exterior designs of buildings;
(h) in
the case of buildings to be used for business or industry, the provision of
accommodation or the location of the building on the site for the purpose of
loading, unloading, servicing, parking or fuelling vehicles, with a view to
preventing the obstruction of traffic on public streets or roads.
8. Limiting the number of buildings, rooms,
dwelling units, or other accommodation units to the hectare generally or in
any particular locality, or on any subdivision, allotment, or parcel of land,
particularly or generally and the extent to which each subdivision, allotment,
or parcel of land is to be built upon, and providing for adequate light and
air to the windows of each house, and prescribing other requirements so far as
is reasonable for the purpose of securing the convenience and amenity of the
scheme area and proper sanitary and hygienic conditions in connection with any
building therein.
9. The making, fixing, and altering and
ascertaining of building lines irrespective of the width or alignment of any
street, road, or right-of-way, to secure as far as practicable, having regard
to the physical features of the site and the depth of the existing
subdivisions, that the distance between the buildings to be erected, or
buildings likely to be reconstructed, on opposite sides of any street, road or
right-of-way, shall not be less than that fixed by the scheme, according to
the prospective traffic requirements of such street, road or right-of-way; and
the making, fixing, and altering building lines generally and providing that
buildings generally or a building of any specified class shall not be built
nearer to a building line or an ocean or waterway than is prescribed in a town
planning scheme.
10. Classification or zoning of the scheme area
for various types, kinds or classes of residences, flats, trade, business,
industry, commercial, recreation, cultural heritage conservation, educational
or other public or institutional purposes, and including areas for
agricultural or rural use or for protection of the environment or landscape or
to provide for waterway development and for any other general or particular
purposes, whether of the same class or kind as the class or kind before
enumerated or not and fixing the sites or areas for any of the purposes
included in this Schedule and prohibiting in any of these zones or
classification any building or use of land of or for a general or particular
nature or purpose.
11. Conservation of the natural beauties of the
area, including lakes and other inland waters, banks of rivers, foreshores of
harbours, and other parts of the sea, hill slopes and summits, and valleys.
11A. (1) The
preservation of —
(a)
particular trees;
(b)
trees of a particular species;
(c)
trees of a particular height or girth or both; or
(d)
trees belonging to a particular group of trees.
(2) The planting or
replanting of trees of a particular species.
(3) A local government
may in a town planning scheme declare shrubs or other perennial plants of a
species specified in that declaration to be trees for the purposes of the town
planning scheme.
(4) In subclauses (1)
and (2) —
“trees” , in relation to a town
planning scheme in which there is a declaration made under subclause (3),
includes shrubs or other perennial plants of the species specified in that
declaration.
12. The preservation of places and objects of
cultural heritage significance or other scientific interest.
13. Probable routes for railways, tramways, and
canals and probable sites for bridges, docks, harbours, piers, quarries, and
lighting, water, drainage and sewerage, or any other private or public work or
undertaking authorised by statute.
14. Works ancillary to or consequent on the
scheme.
15. The extinction or variation of any
right-of-way or easement, public or private, or of any restrictive covenant or
covenants affecting land.
16. Power of entry and inspection.
17. Facilities for the operation of public
utilities and trading undertakings of any local government or authorised
public body, or of any society or public utility.
18. The exercise of the power of the responsible
authority to acquire land or buildings, or to make any agreement or proposal
in respect thereto.
19. Power to limit the height, at the corner of
any street, road, right-of-way, of any wall, fence, hedge, tree or shrub or
other obstruction, not being an authorised building.
20. Power of the responsible authority to remove,
alter, or demolish any building which obstructs the observance or carrying out
of the scheme.
21. Power of a responsible authority to make
agreements with owners and of owners to make agreements with one another.
22. Cooperation of the responsible authority and
the owners of land and cooperation between owners of land.
23. Cooperation between the responsible authority
and the Government of the State or the Commonwealth, or any public or
statutory bodies or authorities, including local governments.
24. The recovery of expenses incurred in giving
effect to the scheme.
25. The carrying out and completion of the scheme
generally, and particularly the time and manner in which, and the persons and
authorities by whom or by which the scheme, or any part thereof, shall be
carried out and completed and its observance ensured.
26. Any matter with respect to which under this
Act an agreement relating to a scheme may be made.
27. Limitation of time for the operation of a
scheme.
27A. Where a discretionary power is vested by a
scheme in the responsible authority, the conferral on a person aggrieved by
the exercise of that power of a right to apply to the State Administrative
Tribunal for a review of the exercise of the power.
28. Any matter necessary or incidental to town
planning or housing.
The mention of particular matters in this Schedule
shall not be held to prejudice or affect the generality of any other matter.
[The First Schedule amended by No. 41 of 1944 s. 2; No. 79 of 1953 s. 9; No.
45 of 1962 s. 5; No. 94 of 1972 (as amended) s. 4(1); No. 120 of 1982 s.
23(1); No. 26 of 1986 s. 12; No. 97 of 1990 s. 22; No. 84 of 1994 s. 67; No.
14 of 1996 s. 4; No. 57 of 1997 s. 121(7); No. 24 of 2002 s. 13; No. 55 of
2004 s. 1223.]