Western Australian Repealed Acts

This legislation has been repealed.

WESTERN AUSTRALIAN PLANNING COMMISSION ACT 1985 - SECT 37I

37I .         Powers of Commission in relation to regional improvement plans

        (1)         When the Commission certifies in writing to the Minister that for the purpose of advancing the planning, development and use of any land within a part of the State to which a regional planning scheme applies —

            (a)         the land should be dealt with in all or any of the following ways, namely, planned, replanned, designed, redesigned, consolidated, resubdivided, cleared, developed, reconstructed or rehabilitated; or

            (b)         provision should be made for the land to be used for such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary,

                and recommends to the Minister that the land should be so dealt with or used for that purpose and made the subject of a regional improvement plan (a copy of which shall accompany the recommendation together with such supporting maps and texts as the Minister may require) the Minister shall, if he accepts the recommendation of the Commission, forward the recommendation as soon as practicable after such acceptance to the Governor.

        (2)         If the Governor accepts the recommendation of the Commission, the Commission may while the relevant regional planning scheme has the force of law as provided in this Act, purchase or otherwise acquire any land included in the regional improvement plan by agreement with the owner thereof or in default of such agreement, the Commission may acquire the land compulsorily under the Land Administration Act 1997 , as modified by this section.

        (3)         The Commission may —

            (a)         amend a regional improvement plan by notice of amendment; or

            (b)         revoke a regional improvement plan by a notice of revocation,

                and subsection (1) applies to a notice of amendment or revocation under paragraph (a) or (b) as if it were a regional improvement plan.

        (4)         Subject to this section, the provisions of Parts 9 and 10 of the Land Administration Act 1997 apply to the taking of any land compulsorily under this section, with such modifications as circumstances require, and in so applying those provisions any reference to the Minister administering that Act shall be read as a reference to the Minister.

        (5)         For the purpose of advancing the development of land in a region in accordance with a regional improvement plan referred to in subsection (1) the Commission, with the approval of the Governor, may —

            (a)         construct, repair, rehabilitate or improve buildings, works, improvements or facilities on land acquired or held by it under this Act;

            (b)         return, sell, lease, exchange or otherwise dispose of any buildings, works, improvements or facilities and the land appurtenant thereto and any land acquired by the Commission under this Act, to any person, or public authority upon such terms and conditions as the Commission, with the approval of the Governor, thinks fit; and particulars of any return, sale, lease, exchange or disposal to any person shall within one month of the Governor’s approval be notified by the Commission in the Gazette ;

            (c)         in respect of the land included in a regional improvement plan but not acquired or held by it under this Act, enter into an agreement with any owner of the land relating to —

                  (i)         the planning, replanning, design, redesign, consolidation, resubdivision, clearing, development, reconstruction or rehabilitation of the land;

                  (ii)         the construction, repair, rehabilitation or improvement of any buildings, works, services, improvements or facilities on the land;

                  (iii)         the sale, purchase, exchange, surrender, vesting, allocation or other disposal of the land, the adjustment or alteration of the boundaries of the land, the pooling of the lands of several owners, the adjustment of rights between owners of the land or other persons interested in the land whether by payments of money or transfers or exchanges of land or otherwise, the valuation of the land and the provision of land for any public open space, public work as defined by the Public Works Act 1902 or any other public purpose;

                  (iv)         the payment, satisfaction or recovery of costs incurred in implementing the agreement; and

                  (v)         such other acts, matters or things as are or may be necessary to give effect to the regional improvement plan;

            (d)         do any act, matter or thing for the purpose of carrying out any agreement entered into under paragraph (c).

        (6)         Nothing in this section shall be construed as taking away or in any way derogating from or diminishing any power otherwise conferred by this or any other Act upon the Commission or any other authority or body or person.

        [Section 37I inserted by No. 59 of 1999 s. 14.]