Western Australian Repealed Acts

This legislation has been repealed.

WESTERN AUSTRALIAN PLANNING COMMISSION ACT 1985 - NOTES

Notes

¹ This is a compilation of the Western Australian Planning Commission Act 1985 and includes the amendments made by the other written laws referred to in the following table ^1a. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
State Planning Commission Act 1985 5	91 of 1985	4 Dec 1985	6 Dec 1985 (see s. 2 and Gazette 6 Dec 1985 p. 4591)
Acts Amendment (Financial Administration and Audit) Act 1986 s. 4	4 of 1986	27 Jun 1986	1 Jul 1986 (see s. 2)
Acts Amendment and Repeal (Environmental Protection) Act 1986 s. 33	77 of 1986	4 Dec 1986	20 Feb 1987 (see s. 2 and Gazette 20 Feb 1987 p. 440)
State Planning Commission (Amendment and Validation) Act 1990 s. 5	7 of 1990	16 Jul 1990	16 Jul 1990 (see s. 2)
Financial Administration Legislation Amendment Act 1993 s. 11	6 of 1993	27 Aug 1993	1 Jul 1993 (see s. 2(1))
Planning Legislation Amendment Act 1993 Pt. 3	35 of 1993	16 Dec 1993	16 Dec 1993 (see s. 2)
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Planning Legislation Amendment Act (No. 2) 1994 Pt. 4	84 of 1994	13 Jan 1995	1 Mar 1995 (see s. 2 and Gazette 21 Feb 1995 p. 567)
Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 s. 188	73 of 1995	27 Dec 1995	1 Jan 1996 (see s. 2 and Gazette 29 Dec 1995 p. 6291)
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
Education Amendment Act 1996 s. 16(13)	22 of 1996	11 Jul 1996	11 Jul 1996 (see s. 2(1))
Planning Legislation Amendment Act 1996 Pt. 7	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))
Statutes (Repeals and Minor Amendments) Act 1997 s. 131	57 of 1997	15 Dec 1997	15 Dec 1997 (see s. 2(1))
Reprint of the Western Australian Planning Commission Act 1985 as at 19 Feb 1999 (includes amendments listed above)
School Education Act 1999 s. 247	36 of 1999	2 Nov 1999	1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)
Gas Corporation (Business Disposal) Act 1999 s. 87	58 of 1999	24 Dec 1999	1 Jul 2000 (see s. 2(2) and Gazette 4 Jul 2000 p. 3545)
Planning Legislation Amendment Act 1999 Pt. 3	59 of 1999	10 Jan 2000	19 Dec 2000 (see s. 2 and Gazette 19 Dec 2000 p. 7273)
Reprint of the Western Australian Planning Commission Act 1985 as at 16 Mar 2001 (includes amendments listed above)
Machinery of Government (Planning and Infrastructure) Amendment Act 2002 Pt. 10	7 of 2002	19 Jun 2002	1 Jul 2002 (see s. 2 and Gazette 28 Jun 2002 p. 3037)
Planning Appeals Amendment Act 2002 s. 30	24 of 2002	24 Sep 2002	18 Apr 2003 (see s. 2 and Gazette 17 Apr 2003 p. 1243)
Environmental Protection Amendment Act 2003 s. 68(10)	54 of 2003	20 Oct 2003	19 Nov 2003 (see s. 2 and Gazette 18 Nov 2003 p. 4723)
Economic Regulation Authority Act 2003 s. 62	67 of 2003	5 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723)
Western Australian Planning Commission Amendment Act 2003	69 of 2003	9 Dec 2003	6 Jan 2004
Statutes (Repeals and Minor Amendments) Act 2003 s. 131	74 of 2003	15 Dec 2003	15 Dec 2003 (see s. 2)
Reprint 3: The Western Australian Planning Commission Act 1985 as at 17 Sep 2004 (includes amendments listed above)
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 2004 Pt. 2 Div. 137 8, 9	55 of 2004	24 Nov 2004	1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
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
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 75 6	43 of 2000	2 Nov 2000	To be proclaimed (see s. 2(2))
Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 4 10	38 of 2005	12 Dec 2005	To be proclaimed (see s. 2)

² Under the Public Sector Management Act 1994 s. 112(2), a reference in a written law to the Public Service Board is, unless the contrary intention appears or it is otherwise provided under the Acts Amendment (Public Sector Management) Act 1994, to be construed as if it had been amended to be a reference to the Minister for Public Sector Management (as defined in the Interpretation Act 1984). This reference was amended under the Reprints Act 1984 s. 7(5)(a).

³ Under s. 2 of this Act, the commencement date was 6 December 1985.

⁴ Section 29 repealed by the Acts Amendment (State Planning Commission) Act 1985 s. 18.

⁵ Now known as the Western Australian Planning Commission Act 1985; Short title changed (see note under s. 1).

⁶ On the date as at which this compilation was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 75 had not come into operation. It reads as follows:

“

75. Various provisions repealed

The provisions listed in the Table to this section are repealed.

Table of provisions repealed

Act	Provision
......................	........
Western Australian Planning Commission Act 1985	s. 43
......................	........

”.

⁷ Footnote no longer applicable.

⁸ The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administration 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.

⁹ The State Administrative Tribunal Regulations 2004 r. 67 reads as follows:

“

67. Western Australian Planning Commission Act 1985

(1) In this regulation —

“commencement day” means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 137 comes into operation;

“the WAPC Act” means the Western Australian Planning Commission Act 1985.

(2) If, before the commencement day, an order is made under the Heritage of Western Australia Act 1990 section 60, on and after the commencement day the Metropolitan Region Town Planning Scheme Act 1959 section 32A(2) (as substituted by the WAPC Act section 18(1b)) applies to that order as if the order had been made on an application or referral made under section 60 of the Heritage of Western Australia Act 1990 to the State Administrative Tribunal.

(3) If, before the commencement day, an appeal made by a claimant under the WAPC Act section 25 has not been disallowed wholly or in part, the WAPC Act section 29(1)(b) applies as if the appeal were an application for review to the State Administrative Tribunal that had not been wholly or in part unsuccessful.

”.

¹⁰ 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]

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

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

Western Australian Planning Commission Act 1985

”.

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)
Account 3
assessed scheme 37L(1)
associate member 3
Authority 60
Board 37(1)
chairperson 3
Commission 3, 17(2)
Department 60
deputy member 3
district 3
District Planning Committee 3
eligible person or body 20(4)
environmental condition 37L(1)
EP Act 37L(1)
former authority 60
function 55(1)
Heritage Council 3
local government 3
meeting 55(1)
member 3, 17(2), 55(1)
metropolitan region 3
Metropolitan Region Scheme 3
Metropolitan Scheme Act 3
Minister for the Environment 37L(1)
officer of the Commission 3
original compensation 36(1)
pollution 37L(1)
public authority 3
region 3
regional improvement plan 3
regional matter 6(7)
regional order 3
regional order area 3
regional planning control area 3
regional planning scheme 3
specified 24(5)
the Commission scheme 18(1c)
the local government scheme 18(1c)
the refund 36(1)
the Regional Minister 3
this Act 55(1)
WALGA 3