Western Australia

Planning and Development Act 2005

Planning and Development (Significant Development) Amendment Regulations 2026

Western Australia

Planning and Development (Significant Development) Amendment Regulations 2026

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 5A inserted1

5A.Mandatory significant development (s. 171I(2))1

5.Part 5 inserted3

Part 5 — Transitional provision

19.Transitional provision for Planning and Development (Significant Development) Amendment Regulations 20263

Planning and Development Act 2005

Planning and Development (Significant Development) Amendment Regulations 2026

Made by the Governor in Executive Council.

1.Citation

These regulations are the Planning and Development (Significant Development) Amendment Regulations 2026.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 5 October 2026.

3.Regulations amended

These regulations amend the Planning and Development (Significant Development) Regulations 2024.

4.Regulation 5A inserted

At the end of Part 1 insert:

5A.Mandatory significant development (s. 171I(2))

(1)In this regulation —

ammonia production facility means premises used for the production, and any associated storage or transportation, of ammonia;

battery facility means premises used for the operation of a battery system that —

(a)receives energy in the form of electricity; and

(b)stores the received energy in a battery; and

(c)discharges the stored energy in the form of electricity;

hydrogen production facility means premises used for the production, and any associated storage or transportation, of hydrogen;

premises has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 1;

renewable energy facility means premises used for the generation of electricity from 1 or more renewable sources of energy;

transmission system has the meaning given in the Electricity Industry Act 2004 section 3(1).

(2)For the purposes of section 171I(2) of the Act, prescribed significant development is mandatory significant development for the purposes of section 171L(2) of the Act if —

(a)the development is not in an area to which the Swan Valley Planning Scheme applies; and

(b)the development includes 1 or more of the following (each a relevant facility) —

(i)an ammonia production facility;

(ii)a battery facility;

(iii)a hydrogen production facility;

(iv)a renewable energy facility;

(v)a transmission system;

and

(c)the estimated cost of the development of the relevant facility or facilities is $20 million or more.

5.Part 5 inserted

After regulation 18 insert:

Part 5 — Transitional provision

19.Transitional provision for Planning and Development (Significant Development) Amendment Regulations 2026

Regulation 5A does not affect a development application made before 5 October 2026.

A. O’SULLIVAN, Clerk of the Executive Council

© State of Western Australia 2026.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2026.

By Authority: ANDREW JONES, Government Printer