Western Australian Repealed Acts

This legislation has been repealed.

WESTERN AUSTRALIAN PLANNING COMMISSION ACT 1985 - SECT 18

18 .         Functions of Commission

        (1)         The functions of the Commission are, in addition to those conferred on it by any other written law —

            (a)         to advise the Minister on —

                  (i)         the coordination and promotion of urban, rural and regional land use planning and land development in the State;

                  (ii)         the administration, revision and reform of legislation relating thereto; and

                  (iii)         town planning schemes under the Town Planning and Development Act 1928 , and amendments to those schemes, made or proposed to be made for any part of the State;

            (b)         to prepare a planning strategy for the State as a basis for coordinating and promoting regional land use planning and land development and for the guidance of Government departments and instrumentalities and local governments on those matters;

            (ba)         if matters of State or regional importance so require, to prepare such town planning schemes, and amendments to town planning schemes prepared by it, as may be necessary for the effective planning and coordination of land use and land development for any part of the State outside the metropolitan region;

            (bb)         to plan for the coordinated provision of infrastructure for land development and the planning of transport;

            (c)         to provide advice and assistance to any body or person on land use planning and land development and in particular to local governments in relation to local planning schemes and policies and their planning and development functions;

            (d)         to undertake research and develop planning methods and models relating to land use and development and associated matters;

            (da)         in relation to any part of the State to which a regional planning scheme applies —

                  (i)         to keep under review the strategic planning for that part of the State and to make recommendations to the Minister on strategic planning;

                  (ii)         to keep under review the regional planning scheme and to review the scheme completely whenever requested by the Minister to do so, and to submit for approval in accordance with subsection (1a) any amendment of the regional planning scheme considered necessary as a result of a review;

                  (iii)         to develop, maintain and manage land held by it that is reserved under the regional planning scheme and to carry out such works, including the provision of facilities on the land, as may be incidental to the development, maintenance and management or be conducive to the use of the land for any purpose for which it is reserved; and

                  (iv)         to do all things that are necessary for the purpose of carrying out Parts IIA, IIB, IIC and IID and the regional planning scheme;

            (e)         in relation to the metropolitan region —

                  (i)         to keep under review the strategic planning for that region and to make recommendations to the Minister thereon;

                  (ii)         to keep under review the Metropolitan Region Scheme and to review that scheme completely whenever requested by the Minister to do so, and to submit for approval in accordance with Part III of the Metropolitan Scheme Act any variation, amplification or revocation of the Scheme considered necessary as a result of any review;

        [(iii)         deleted]

                  (iv)         to develop, maintain and manage land held by it that is reserved under the Metropolitan Region Scheme and to carry out such works, including the provision of facilities thereon, as may be incidental to such development, maintenance and management or be conducive to the use of the land for any purpose for which it is reserved; and

                  (v)         to do all things that are necessary for the purpose of carrying out the Metropolitan Scheme Act and the Metropolitan Region Scheme.

        (1a)         Subject to subsection (1b), the Commission shall, in performing its functions under subsection (1)(ba), resolve to prepare a regional planning scheme or an amendment to a regional planning scheme as if it were a local government acting under section 7(1) of the Town Planning and Development Act 1928 , but shall, immediately after so resolving, instead of ensuring compliance with the procedures set out in Part I of that Act and in any regulations made under section 9 of that Act, ensure compliance with the relevant procedures set out in sections 32A(2), 33(2), (3), (4), (5) and (6), 33A, 33E, 33F, 33G and 33H of the Metropolitan Scheme Act in respect of the regional planning scheme or that amendment as if the regional planning scheme or that amendment were an amendment to the Metropolitan Region Scheme.

        (1b)         The provisions of the Metropolitan Scheme Act referred to in subsection (1a) apply to and in relation to a regional planning scheme or an amendment to a regional planning scheme as if —

            (a)         there were substituted for section 32A(2) of that Act the following subsection —

“
        (2)         A regional planning scheme within the meaning of the Western Australian Planning Commission Act 1985 or an amendment to such a regional planning scheme shall not be formulated in a manner that is contrary to or inconsistent with any Order made under section 59 of the Heritage of Western Australia Act 1990 , except in so far as may be ordered on an application or referral made under section 60 of that Act to the State Administrative Tribunal.

”;

            (b)         “and any revocation of the Scheme by a subsequent Scheme” in section 33(2) of that Act were “and any revocation of a regional planning scheme within the meaning of the Western Australian Planning Commission Act 1985 by a subsequent such regional planning scheme”;

            (c)         there were substituted for section 33(2)(b) of that Act the following paragraph —

“
            (b)         If the Minister consents to public submissions being sought, the Commission shall deposit copies of the regional planning scheme, or the amendment to a regional planning scheme, for public inspection during ordinary business hours free of charge at the offices of the local governments of the districts which lie within or partly within the area to which the regional planning scheme or that amendment applies and at not less than 3 other public places which the Commission considers to be most convenient for public inspection.

”;

                and

            (d)         references to newspapers in section 33(2)(c)(ii) and (iii) of that Act were references to —

                  (i)         one daily newspaper; and

                  (ii)         one Sunday newspaper,

                circulating in the area to which the regional planning scheme or that amendment applies,

                and with any necessary additional modifications.

        (1ba)         A regional planning scheme may be prepared for all or any of the objects, purposes, provisions, powers or works referred to in section 6 of the Town Planning and Development Act 1928 and may provide for planning, replanning or reconstructing the whole or any part of its region.

        (1bb)         If a regional planning scheme has effect under section 33(5) of the Metropolitan Scheme Act as read with subsections (1a) and (1b) —

            (a)         a town planning scheme made under the Town Planning and Development Act 1928 by a local government shall not be approved by the Minister to whom the administration of that Act is for the time being committed by the Governor; and

            (b)         local laws which if made would affect or be likely to affect the regional planning scheme shall not be made by a local government,

                unless the provisions of the town planning scheme or local laws, as the case requires, are in accordance with and consistent with the regional planning scheme.

        (1c)         When the relevant procedures set out in the provisions of the Metropolitan Scheme Act referred to in subsection (1a), as read with that subsection and subsection (1b), have been complied with in respect of a regional planning scheme or an amendment to a regional planning scheme, and the regional planning scheme or that amendment, as the case requires, (in this section called “ the Commission scheme ” ) is inconsistent with a town planning scheme prepared or adopted by a local government under the Town Planning and Development Act 1928 (in this section called “ the local government scheme ” ) —

            (a)         the Commission scheme is to prevail over the local government scheme to the extent of that inconsistency; and

            (b)         the local government shall —

                  (i)         not later than 90 days after the day on which the Commission scheme has full force and effect under those provisions, resolve to prepare —

                        (A)         a town planning scheme which is consistent with the Commission scheme; or

                        (B)         an amendment to the local government scheme which renders the local government scheme consistent with the Commission scheme,

                and which does not contain or which removes, as the case requires, any provision which would be likely to impede the implementation of the Commission scheme; and

                  (ii)         within such reasonable time after the passing of that resolution as is directed in writing by the Minister, forward to the Minister for approval under section 7 of the Town Planning and Development Act 1928 the town planning scheme or amendment prepared by it.

        (1d)         The Minister may, before approving under section 7 of the Town Planning and Development Act 1928 a town planning scheme or amendment forwarded to the Minister under subsection (1c)(b), direct the local government concerned to modify that town planning scheme or amendment in such manner as is specified in that direction for the purpose of achieving the consistency, or removing any impedimental provision, referred to in that subsection and to forward that town planning scheme or amendment as so modified to the Minister for approval under that section, and that local government shall comply with that direction.

        (1e)         If a local government does not comply with subsection (1c) or, not later than 60 days after the giving of the direction concerned, with a direction given under subsection (1d), the Minister may cause the relevant town planning scheme or amendment to be prepared or modified, as the case requires, and forwarded to the local government, and direct the local government to adopt that town planning scheme or amendment as if it were a town planning scheme proposed by owners of land referred to in section 7(1) of the Town Planning and Development Act 1928 , whereupon the local government shall comply with that direction.

        (1f)         If a local government to which a direction has been given under subsection (1e) does not comply with that direction within 60 days after the relevant town planning scheme or amendment was forwarded to it, the Minister may approve of that town planning scheme or amendment and cause it to be published in the Gazette in accordance with section 7 of the Town Planning and Development Act 1928 .

        (1g)         All expenses incurred by the Minister in exercising the powers conferred on him or her by subsections (1d), (1e) and (1f) may be recovered by the Minister from the local government concerned in a court of competent jurisdiction as a debt due to the Crown or may be deducted from any moneys payable by the Crown to that local government.

        (2)         The Commission may do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

        (3)         Without limiting the generality of subsection (2), the Commission may, for the purposes of subsection (1)(e)(iv), enter into an agreement with any person under which that person may acquire a lease of, a licence in respect of, or any other estate or interest in, any land referred to in that paragraph.

        (4)         The Minister may give directions to the Commission with respect to the performance of its functions, either generally or with respect to a particular matter, and the Commission shall give effect to those directions.

        [Section 18 amended by No. 84 of 1994 s. 31; No. 14 of 1996 s. 4; No. 23 of 1996 s. 58; No. 57 of 1997 s. 131; No. 59 of 1999 s. 13; No. 55 of 2004 s. 1316.]