Reprinted under the Reprints Act 1984 as at 19 February 1999
Western Australian Planning Commission Act 1985
An Act to establish a body with responsibility for urban, rural and regional land use planning and land development and related matters in the State, and for connected purposes.
[Long title amended by No. 84 of 1994 s.18.]
Part I — Preliminary
This Act may be cited as the Western Australian Planning Commission Act 1985.1
[Section 1 amended by No. 84 of 1994 s.19.]
This Act shall come into operation on a day to be fixed by proclamation.
In this Act, unless the contrary intention appears —
“Account” means the Western Australian Planning Commission Account provided for by section 45(2);
“associate member” means an associate member of the Commission appointed under section 6;
“chairperson” means chairperson of the Commission;
“Commission” means the Western Australian Planning Commission established by section 4;
“deputy member” means person for the time being appointed to be the deputy of a member under section 5A(1);
“district” means an area that has been declared to be a district under the Local Government Act 1995;
“District Planning Committee” means a District Planning Committee under section 23 of the Metropolitan Scheme Act;
“local government” means a local government or a regional local government;
“member” means a member of the Commission;
“metropolitan region” and “Metropolitan Region Scheme” have the meanings assigned to them by the Metropolitan Scheme Act;
“Metropolitan Scheme Act” means the Metropolitan Region Town Planning Scheme Act 1959;
“officer of the Commission” means public service officer referred to in section 38;
“public authority” means a Minister of the Crown in right of the State, Government department, State trading concern, State instrumentality, State public utility and any other person or body, whether corporate or not, who or which, under the authority of any written law, administers or carries on for the benefit of the State, a social service or public utility;
“region” means region referred to in Schedule 1;
“regional planning scheme” means town planning scheme referred to in section 18(1)(ba);
“the Regional Minister” means the Minister to whom the administration of the Regional Development Commissions Act 1993 is for the time being committed by the Governor;
“WAMA” means the association —
(a)known as the Western Australian Municipal Association; and
(b)constituted as a body corporate under the Local Government Act 1995.
[Section 3 amended by No. 84 of 1994 s.20; No. 14 of 1996 s.4.]
Part II — Western Australian Planning Commission and committees
[Heading amended by No. 84 of 1994 s.21.]
Division 1 — Western Australian Planning Commission
[Heading amended by No. 84 of 1994 s.22.]
(1)There is established by this section a Commission by the name of the Western Australian Planning Commission.
(2)The Commission is a body corporate with perpetual succession and a common seal and is capable of —
(a)acquiring, holding and disposing of real and personal property;
(b)suing and being sued; and
(c)doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.
(3)The Commission is an agent of the Crown in right of the State.
[Section 4 amended by No. 84 of 1994 s.23.]
(1)The Commission consists of —
(a)a chairperson appointed by the Governor on the nomination of the Minister;
(b)5 other members appointed by the Governor, of whom —
(i)one is to be a person nominated by the Minister from a list of the names of 4 persons representing the interests of the local governments within the metropolitan region submitted to the Minister by WAMA;
(ii)one is to be a person nominated by the Minister from a list of the names of 4 persons representing the interests of the local governments outside the metropolitan region submitted to the Minister by WAMA;
(iii)one is to be the mayor of the City of Perth; and
(iv)2 are to be persons nominated by the Minister as having experience in one or more of the fields of urban and regional planning, business management, property development, financial management, engineering, surveying, valuation, transport, housing, heritage, local government or community affairs;
and
(c)6 other members, being —
(i)the person holding or acting in the office of the chief executive officer of the department principally assisting the Minister in the administration of this Act;
(ii)the person holding or acting in the office of chief executive officer of the Water and Rivers Commission established by the Water and Rivers Commission Act 1995;
(iii)the person holding or acting in the office of Commissioner of Main Roads under the Main Roads Act 1930;
(iv)the person holding or acting in the office of Director General of Transport referred to in section 8(1) of the Transport Co-ordination Act 1966;
(v)the person holding or acting in the office of the Chief Executive Officer within the meaning of the Environmental Protection Act 1986; and
(vi)a person nominated by the Regional Minister.
(2)When the submission of a list of names is required for the purposes of subsection (1)(b)(i) or (ii), that submission shall be made to the Minister in writing signed on behalf of WAMA within such reasonable time after the receipt by WAMA of a notice from the Minister stating that that submission is required as is specified in that notice.
(3)If a submission is not made under subsection (2) within the time specified under that subsection, the Minister may nominate such person as he thinks fit to be a member of the Commission in place of the person referred to in subsection (1)(b)(i) or (ii).
[Section 5 inserted by No. 84 of 1994 s.24(1); amended by No. 73 of 1995 s.188; No. 14 of 1996 s.4; No. 57 of 1997 s.131.]
(1)The Governor may on the recommendation of the Minister appoint a person to be the deputy of —
(a)the member referred to in section 5(1)(b)(i) or (ii), in which case the provisions of section 5(1)(b)(i) or (ii), (2) and (3) apply with any necessary modifications to and in relation to that appointment;
(b)the member referred to in section 5(1)(b)(iii), in which case the person is to be a person nominated by the Minister from a list of the names of 3 persons representing the interests of the City of Perth submitted to the Minister by the City of Perth and the provisions of section 5(2) and (3) apply with any necessary modifications to and in relation to that appointment as if the person were to be the deputy of a member referred to in paragraph (a); or
(c)a member referred to in section 5(1)(b)(iv), in which case the person is to be a person nominated by the Minister as having experience in one or more of the fields referred to in that section.
(2)A deputy member may resign at any time by notice in writing given to the Minister.
(3)The Governor may at any time on the recommendation of the Minister revoke the appointment of a deputy member.
(4)While taking the place of the member concerned, a deputy member has all the functions and entitlements of, and the protection given to, that member under this Act.
(5)A reference in this Act to a member includes a reference to a deputy member taking the place of the member.
(6)No appointment of, and no act or omission done by, a deputy member in that capacity is to be questioned on the ground that the occasion for his or her appointment had not arisen or had ceased.
[Section 5A inserted by No. 84 of 1994 s.25.]
(1)The Governor may, on the nomination of the Minister, appoint an associate member for a region.
(2)Each nomination by the Minister for appointment as an associate member under subsection (1) shall be made on the recommendation of the Regional Minister.
[(3) and (4) repealed]
(5)Where it appears to the chairperson that a regional matter is to be considered at a meeting of the Commission he or she may, by notice in writing specifying the time and place of the meeting, request the associate member for that region to attend that meeting for the consideration of that matter.
(6)An associate member has all of the functions of a member in relation to the consideration of a regional matter at a meeting that he or she is requested to attend under subsection (5).
(7)In this section “regional matter” means a matter that, in the opinion of the chairperson, affects more than one local government in a region.
[Section 6 amended by No. 84 of 1994 ss.26 and 42; No. 14 of 1996 s.4.]
(1)A member or an associate member shall hold office for such term, not exceeding 5 years, as is specified in his or her instrument of appointment, and is eligible for reappointment.
(2)A member or an associate member, unless he or she sooner resigns or is removed from office, shall continue in office until his or her successor comes into office, notwithstanding that the term for which he or she was appointed may have expired.
[Section 7 amended by No. 84 of 1994 ss.27 and 42.]
(1)A member may be appointed on terms that require him or her to devote his full‑time to the performance of the duties of his or her office.
(2)Except as provided under subsection (1), appointment as a member or associate member shall be on a part‑time basis.
(3)The Minister may grant leave of absence to a member or an associate member.
[Section 8 amended by No. 84 of 1994 s.42.]
9.Relationship to Public Service
Appointment of a person as a member or associate member does not —
(a)render Part 3 of the Public Sector Management Act 1994, or any Act applying to persons as officers of the Public Service of the State, applicable to that person; or
(b)affect or prejudice the application to him or her of those provisions if they applied to him or her at the time of his or her appointment.
[Section 9 amended by No. 32 of 1994 s.19; 84 of 1994 s.42.]
The office of a member or associate member becomes vacant if —
(a)he or she resigns his or her office by written notice addressed to the Minister;
(b)he or she is an undischarged bankrupt or a person whose property is subject to an order or arrangement under the laws relating to bankruptcy;
(c)in the case of a member, he or she is absent, without leave of the Minister, from 3 consecutive meetings of which he or she has had notice;
(d)in the case of an associate member, he or she is absent, without leave of the Minister, from 3 consecutive meetings which he or she was requested to attend under section 6(5);
(e)he or she is removed from office by the Governor on the grounds of misbehaviour, incompetence, or mental or physical incapacity impairing the performance of his or her duties and proved to the satisfaction of the Governor.
[Section 10 amended by No. 84 of 1994 s.42.]
11.Remuneration and allowances of members
A member, a deputy member, an associate member or a member of a committee of the Commission shall be paid such remuneration and travelling and other allowances as are determined, in his or her case, by the Minister on the recommendation of the Public Service Board.
[Section 11 amended by No. 84 of 1994 ss.28 and 42.]
(1)The Governor may, on the nomination of the Minister, appoint a member to be deputy chairperson.
(2)A person appointed under subsection (1) may resign at any time by notice in writing given to the Minister.
(3)An appointment under subsection (1) may be revoked by the Governor at any time.
(4)The deputy chairperson has, during any period when the chairperson is absent or otherwise unable to perform his or her functions, all of the functions and entitlements of the chairperson in his or her capacity as chairperson of the Commission.
(5)Where the member who is deputy chairperson is performing the functions of the chairperson at a meeting, section 13 applies as though that member were absent from the meeting.
[Section 12 amended by No. 84 of 1994 s.42.]
[13.Repealed by No. 84 of 1994 s.29.]
Subject to this Act, the business of the Commission shall be conducted in such manner as the Commission determines.
The first meeting of the Commission shall be convened by the chairperson and thereafter meetings shall be held at the times and places determined by the Commission but the chairperson or any 2 members may, on reasonable notice to all members, call a meeting at any time.
[Section 15 amended by No. 84 of 1994 s.42.]
16.Proceedings of the Commission
(1)At a meeting of the Commission, 6 members constitute a quorum.
(2)The chairperson shall preside at every meeting of the Commission at which he or she is present but if the chairperson or the deputy chairperson is not present at a meeting the other members present shall select one of their number to act as chairperson.
(3)Questions arising at a meeting of the Commission shall be decided, in open voting, by a majority of the votes of members or associate members present.
(4)If the votes of members or associate members present at a meeting and voting on a question are equally divided the chairperson, deputy chairperson or other person presiding shall have a casting vote in addition to his or her deliberative vote.
(5)The Commission shall keep a record of its proceedings.
[Section 16 amended by No. 84 of 1994 ss.30 and 42.]
(1)A member is not personally liable for at any act done in good faith by the Commission or by him or her acting as a member.
(2)In subsection (1) —
“Commission” includes a committee of the Commission; and
“member” includes an associate member and a member of a committee.
[Section 17 amended by No. 84 of 1994 s.42.]
(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 co‑ordination 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 co‑ordinating 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 co‑ordination of land use and land development for any part of the State outside the metropolitan region;
(bb)to plan for the co‑ordinated 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;
(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 appeal or referral made under section 60 of that Act to the Town Planning Appeal 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.
(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.]
(1)Subject to subsections (1a) to (1k), the Commission may from time to time —
(a)establish committees and —
(i)prescribe the constitution of any committee; and
(ii)authorize a committee to establish any subcommittee;
(aa)appoint such —
(i)members of the Commission;
(ii)members of the Commission and other persons; or
(iii)persons other than members of the Commission,
as the Commission thinks fit to be members or deputy members of a committee established under paragraph (a);
(b)discharge, alter, or reconstitute any such committee; and
(c)give directions to a committee with respect to the performance of its functions.
(1a)The Commission shall establish —
(a)a committee to be known as the Executive, Finance and Property Committee;
(b)a committee to be known as the Statutory Planning Committee;
(c)a committee to be known as the Transport Committee; and
(d)a committee to be known as the Infrastructure Co‑ordinating Committee.
(1b)The Executive, Finance and Property Committee —
(a)is to consist of —
(i)the chairperson, or a person nominated by the chairperson and approved by the Minister;
(ii)the member of the Commission referred to in section 5(1)(c)(i), or a person nominated by that member and approved by the Minister;
(iii)one other member of the Commission appointed by the Commission; and
(iv)such other person or persons as the Commission, after obtaining the approval of the Minister, appoints from time to time;
and
(b)is to perform such of the administrative, financial and property functions of the Commission under this Act or any other written law as are delegated to the Executive, Finance and Property Committee under section 20 and such other functions as are delegated to it under that section.
(1c)Subject to subsection (1d), the Statutory Planning Committee —
(a)is to consist of —
(i)the chairperson, or a person nominated by the chairperson and approved by the Minister;
(ii)the member of the Commission referred to in section 5(1)(c)(i), or a person nominated by that member and approved by the Minister;
(iii)the member of the Commission referred to in section 5(1)(c)(vi), or a deputy appointed under subsection (1f);
(iv)a person approved by the Minister and appointed by the Commission as having practical knowledge of and experience in community affairs;
(v)a person approved by the Minister and appointed by the Commission as having practical knowledge of and experience in one or more of the fields of urban and regional planning, business management, property development, financial management, engineering, surveying, valuation, transport, housing, heritage or local government;
(vi)a person approved by the Minister and appointed by the Commission to represent the interests of local governments; and
(vii)such other person or persons as the Commission, after obtaining the approval of the Minister, appoints from time to time;
and
(b)is to perform such of the functions of the Commission under this Act, Part II of the Strata Titles Act 1985 and the Town Planning and Development Act 1928 as are delegated to the Statutory Planning Committee under section 20 and such other functions as are delegated to it under that section.
(1d)Should the Commission delegate to the Statutory Planning Committee under section 20 not only the functions of the Commission under this Act, Part II of the Strata Titles Act 1985 and the Town Planning and Development Act 1928 but also the functions of the Commission under the Metropolitan Scheme Act in respect of the Metropolitan Region Scheme, the Statutory Planning Committee may perform those latter functions only if the Statutory Planning Committee consists not merely of the persons referred to in subsection (1c)(a) but also of —
(a)a member of the council of the City of Perth who is nominated for appointment as a member of the Statutory Planning Committee by that council and is so appointed by the Minister; and
(b)5 persons, each of whom is the chairman of a District Planning Committee (other than the District Planning Committee for the City of Perth), or persons nominated by those persons and approved by the Minister.
(1e)The Transport Committee —
(a)is to consist of —
(i)the chairperson, or a person nominated by the chairperson and approved by the Minister;
(ii)the member of the Commission referred to in section 5(1)(c)(i), or a person nominated by that member and approved by the Minister;
(iii)the member of the Commission referred to in section 5(1)(c)(vi), or a deputy appointed under subsection (1f);
(iv)the Director General of Transport referred to in section 8 of the Transport Co‑ordination Act 1966, or a person nominated by him or her and approved by the Minister;
(v)the Commissioner within the meaning of the Main Roads Act 1930, or a person nominated by him or her and approved by the Minister;
(vi)the chief employee of the Metropolitan (Perth) Passenger Transport Trust constituted under the Metropolitan (Perth) Passenger Transport Trust Act 1957, or a person nominated by that employee and approved by the Minister;
(vii)the Commissioner within the meaning of the Government Railways Act 1904, or a person nominated by him or her and approved by the Minister;
(viii)a person approved by the Minister and appointed by the Commission to represent the interests of local governments; and
(ix)such other person or persons as the Commission, after obtaining the approval of the Minister, appoints from time to time;
and
(b)is to advise the Commission on all matters relating to transport planning throughout the State and to perform such of the functions of the Commission under this Act and any other written law as are delegated to the Transport Committee under section 20.
(1f)The Commission shall for the purposes of subsections (1c)(a)(iii) and (1e)(a)(iii) appoint one person —
(a)nominated by the Regional Minister; and
(b)approved by the Minister,
to be the deputy of the member of the Commission referred to in section 5(1)(c)(vi) or, if the Regional Minister so requests, shall instead appoint one person so nominated and approved to be that deputy for the purposes of subsection (1c)(a)(iii) and another such person to be that deputy for the purposes of subsection (1e)(a)(iii).
(1g)The Infrastructure Co‑ordinating Committee —
(a)is to consist of —
(i)the chairperson, or a person nominated by the chairperson and approved by the Minister;
(ii)the members of the Commission referred to in section 5(1)(c)(i) and (iv), or persons nominated by those members and approved by the Minister;
(iia)the Coordinator of Water Services referred to in section 4 of the Water Services Coordination Act 1995 or a person nominated by him or her and approved by the Minister;
(iii)the Chief Executive Officer referred to in section 11(1)(b) of the Energy Corporations (Powers) Act 1979, or a person nominated by him or her and approved by the Minister;
(iv)the chief executive officer of the Education Department as defined in the Education Act 1928, or a person nominated by him or her and approved by the Minister;
(v)the Commissioner within the meaning of the Health Act 1911, or a person nominated by him or her and approved by the Minister;
(vi)the chief executive officer of the department principally assisting the Regional Minister in the administration of the Regional Development Commissions Act 1993, or a person nominated by that chief executive officer and approved by the Minister;
(vii)the chief executive officer of the department principally assisting the Minister to whom the administration of the Government Agreements Act 1979 is for the time being committed by the Governor in that administration, or a person nominated by that chief executive officer and approved by the Minister;
(viii)the chief executive officer of the department principally assisting the Minister to whom the administration of the Mining Act 1978 is for the time being committed by the Governor in that administration, or a person nominated by that chief executive officer and approved by the Minister;
(ix)a person approved by the Minister and appointed by the Commission to represent the interests of local governments; and
(x)such other person or persons as the Commission, after obtaining the approval of the Minister, appoints from time to time;
and
(b)is to advise the Commission on planning for the provision of physical and community infrastructure throughout the State and to perform such of the functions of the Commission under this Act and any other written law as are delegated to the Infrastructure Co‑ordinating Committee under section 20.
(1h)Without limiting the generality of subsection (1), the Commission may under that subsection establish a regional planning committee for the whole or any part of a region if the Commission is satisfied that the need for the regional planning committee exists.
(1i)A regional planning committee —
(a)is to consist of —
(i)the chairperson, or a person nominated by the chairperson and approved by the Minister;
(ii)the member of the Commission referred to in section 5(1)(c)(i), or a person nominated by that member and approved by the Minister;
(iii)a person approved by the Minister and appointed by the Commission as having practical knowledge of and experience in community affairs;
(iv)not less than 3 persons approved by the Minister and appointed by the Commission from a list of the names of persons representing the interests of the local governments within the whole or part of the region for which the regional planning committee is established submitted to the Commission by WAMA;
(v)a person nominated by the Regional Minister, approved by the Minister and appointed by the Commission to represent the interests of the commission or commissions within the meaning of the Regional Development Commissions Act 1993 within the whole or part of the region for which the regional planning committee is established; and
(vi)such other person or persons as the Commission, after obtaining the approval of the Minister, appoints from time to time;
and
(b)is to advise the Commission on planning for the region, or part of the region, for which the regional planning committee is established, to make recommendations to the Commission on the need for, and the extent and content of, regional planning schemes and to perform such of the functions of the Commission under this Act, the Strata Titles Act 1985, the Town Planning and Development Act 1928 and any other written law as are delegated to that committee under section 20.
(1j)When the submission of a list of names is required for the purposes of subsection (1i)(a)(iv), that submission shall be made to the Commission in writing signed on behalf of WAMA within such reasonable time after the receipt by WAMA of a notice from the Commission stating that that submission is required as is specified in that notice.
(1k)If a submission is not made under subsection (1j) within the time specified under that subsection, the Commission may appoint such persons as it thinks fit to be members of the regional planning committee in place of the persons provided for in subsection (1i)(a)(iv).
(2)A committee shall comply with any direction of the Commission.
(3)Subject to any direction of the Commission, a committee may determine its own procedure.
[Section 19 amended by No. 35 of 1993 s.6; No. 84 of 1994 s.32; No. 73 of 1995 s.188; No. 14 of 1996 s.4; No. 22 of 1996 s.16(13); No. 57 of 1997 s.131.]
(1)The Commission may, by resolution of which notice is published in the Gazette, either generally or as otherwise provided by the resolution, delegate to an eligible person or body any of its functions under this Act or any other written law.
(2)The Commission shall not under subsection (1) empower a delegate to subdelegate any function.
(3)The performance of a function by a delegate under subsection (1) shall be deemed to be the performance of the function by the Commission.
(4)In subsection (1) “eligible person or body” means —
(a)a member or associate member of the Commission;
(b)a committee of the Commission or a member of a committee;
(c)a District Planning Committee;
(d)a public authority or a member or officer of a public authority; or
(e)a local government, or the council of, or an employee of, a local government, or a member of the council of a local government.
(5)The reference to functions in subsection (1) extends, without limitation or restriction, to all of the powers, privileges, authorities, discretions, duties and responsibilities vested in or imposed on the Commission by this Act or any other written law.
(6)Without limiting the generality of subsection (1), where the Commission has delegated its functions under section 18(1)(e)(ii) or (v), the delegation includes, subject to the instrument of delegation, a delegation of every function of the Commission under sections 33 and 33A of the Metropolitan Scheme Act.
[Section 20 amended by No. 7 of 1990 s.5; No. 84 of 1994 s.33; No. 14 of 1996 s.4.]
[21. Repealed by No. 4 of 1986 Schedule 1.]
[Divisions 2 and 3 repealed by No. 84 of 1994 s.34.]
Part III — Staff of Commission
There shall be appointed under Part 3 of the Public Sector Management Act 1994 such public service officers as are necessary to enable the Commission and its committees to perform their respective functions.
[Section 38 inserted by No. 84 of 1994 s.35.]
[39 and 40. Repealed by No. 84 of 1994 s.35.]
41.Engagement of consultants, etc.
(1)Subject to subsection (3), the Commission may, with the approval of the Minister, engage under contracts for services such consultants and professional or technical or other assistance as it considers necessary to enable the Commission to perform its functions.
(2)The engagement of a person under subsection (1) does not —
(a)render Part 3 of the Public Sector Management Act 1994 or any Act applying to persons as officers of the Public Service of the State, applicable to that person; or
(b)affect or prejudice the application to him or her of those provisions if they applied to him or her at the time of his or her engagement or appointment.
(3)The Commission may, without the approval of the Minister, engage under contracts for services such consultants and professional or technical or other assistance in such circumstances and for such periods as the Minister may from time to time specify by notice in writing served on the Commission.
[Section 41 amended by No. 32 of 1994 s.19; No. 84 of 1994 ss.36 and 42.]
42.Use of staff and facilities of departments, agencies and instrumentalities
The Commission may, by arrangement made between it and the Minister concerned, and on such terms and conditions as may be mutually arranged by it with that Minister and with the relevant employing authority within the meaning of the Public Sector Management Act 1994, make use, either full‑time or part‑time, of —
(a)the services of any officer or employee employed in the Public Service of the State or in a State agency or instrumentality or otherwise in the service of the Crown in right of the State; or
(b)any facilities of a department of the Public Service of the State or of a State agency or instrumentality.
[Section 42 amended by No. 32 of 1994 s.19.]
(1)The Commission may request the Minister to whom the administration of the Superannuation and Family Benefits Act 1938 is committed to recommend to the Treasurer that the Commission be included as a corporate body in the term “department” for the purposes of that Act.
(2)The Treasurer may, if that Minister so recommends and on the Commission complying with the requirements of that Act, approve of the Commission as, and the Commission shall thereupon be deemed to be, a “department” for the purposes of that Act.
Part IV — Financial provisions
Nothing in this Part shall be read as derogating from section 38 of the Metropolitan Scheme Act, and this Part shall have effect subject that section.
(1)The funds available to the Commission to enable it to perform its functions are —
(a)moneys from time to time appropriated by Parliament for the purposes of this Act or the Town Planning and Development Act 1928;
(b)moneys received by the Commission by way of fees or charges;
(c)moneys received by the Commission by way of gifts, bequests or other donations;
(d)moneys borrowed by the Commission under this Act; and
(e)moneys otherwise paid to or made available to the Commission.
(2)The funds referred to in subsection (1) shall be credited to an account at the Treasury, forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985, to be called the “Western Australian Planning Commission Account”.
(3)All expenditure incurred by the Commission for the purposes of performing its functions, including the repayment of moneys borrowed by or advanced to the Commission in accordance with this Act, shall be charged to the Account and moneys standing to the credit of the Account shall be applied only for the purposes of this Act or the Town Planning and Development Act 1928.
[Section 45 amended by No. 84 of 1994 s.37; No. 49 of 1996 s.64.]
46.Approval of Minister to certain expenditure
The Commission shall not without the consent of the Minister, in respect of any one work, make a contract or incur any expenditure the consideration or cost of which exceeds $500 000.
The Commission may, with the approval of the Treasurer, temporarily invest any moneys standing to the credit of the Account in such manner and in such categories of investments as are approved by the Treasurer until those moneys are required for the purpose of the performance of the functions of the Commission.
48.General borrowing by Commission
(1)Subject to subsection (2), the Commission may, with the prior approval in writing of the Treasurer and on such terms and conditions as he or she approves, borrow money for the performance by the Commission of its functions.
(2)Before the Treasurer may approve of the borrowing of money under subsection (1), a proposal in writing showing —
(a)the terms and particulars of the proposed loan;
(b)the rate of interest to be paid on that loan;
(c)the purpose to which the money borrowed is to be applied; and
(d)the manner in which the loan is to be repaid,
shall first be submitted by the Commission on the recommendation of the Minister to, and approved by, the Treasurer.
(3)Any moneys borrowed by the Commission under this section may be raised as one loan or as several loans and in such manner as the Treasurer may approve, but the amount of money so borrowed shall not in any one year exceed in the aggregate such amounts as the Treasurer approves.
(4)For the purpose of making provision to repay either the whole or any part of any loan raised under this section the Commission may, subject to this section, borrow the moneys necessary for that purpose before the loan or part of it becomes payable.
[Section 48 amended by No. 84 of 1994 s.42.]
(1)In addition to the powers conferred on it by section 48, the Commission may borrow from the Treasurer such amounts as the Treasurer approves on such conditions relating to repayment and payment of interest as the Treasurer imposes.
(2)By virtue of this subsection the Account and the assets of the Commission are charged with the due performance by the Commission of all obligations arising from any advance made under this section.
50.Guarantees of borrowings etc.
(1)The Treasurer is hereby authorized to guarantee —
(a)the repayment of any amount borrowed from time to time under section 48; and
(b)the payment of interest and such other charges in respect of such borrowings as he or she has approved.
(2)Before a guarantee is given by the Treasurer under this section, the Commission shall give to the Treasurer such security as the Treasurer may require and shall execute all such instruments as may be necessary for the purpose.
(3)The Treasurer shall cause any money required for fulfilling any guarantee given by him or her under this section to be charged to the Consolidated Fund which, to the extent necessary, is hereby appropriated accordingly, and the Treasurer shall cause any amounts received or recovered from the Commission or otherwise in respect of moneys so charged by him or her to be credited to the Consolidated Fund.
[Section 50 amended by No. 6 of 1993 s.11; No. 84 of 1994 s.42; No. 49 of 1996 s.64.]
51.Application of Financial Administration and Audit Act 1985
The provisions of the Financial Administration and Audit Act 1985 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commission and its operations.
[Section 51 inserted by No. 4 of 1986 Schedule 1.]
[52., 53.and 54. Repealed by No. 4 of 1986 Schedule 1.]
Part V — General
55.Duties of persons performing functions under this Act
(1)In this section —
“function” means a function in connection with the carrying out of this Act;
“meeting” means a meeting held in connection with the carrying out of this Act;
“member” means a member of —
(a)the Commission;
(b)a committee of the Commission;
(c)a District Planning Committee;
(d)a public authority; or
(e)a local government;
“this Act” includes the Town Planning and Development Act 1928 and the Metropolitan Scheme Act.
(2)A member shall at all times act honestly in performing any function.
(3)Where a matter is before a meeting for consideration and a member present at the meeting has a direct or indirect pecuniary interest in the matter, he or she shall as soon as possible after the relevant facts have come to his or her knowledge, disclose that he or she has an interest to the other members so present, and —
(a)the disclosure shall be recorded in the minutes of the meeting; and
(b)the member shall not thereafter be present during any consideration or discussion of, and shall not vote on any determination of, the matter.
(4)A member shall not disclose any information acquired by virtue of the performance of any function unless the disclosure is made —
(a)in connection with the execution of this Act or under any legal duty; or
(b)for the purposes of any proceedings arising out of this Act or any report of such proceedings.
(5)A member shall not make use of any information acquired by virtue of the performance of any function to gain directly or indirectly an improper advantage to himself or herself or to cause detriment to the Commission.
(6)A member who commits a breach of any provision of this section —
(a)is liable to the Commission for any profit made by him or her or for any damage suffered by the Commission as a result of the breach of that provision; and
(b)commits an offence against this Act and is liable to a fine of $5 000.
(7)This section is in addition to and not in derogation of any other law relating to the duty or liability of the holder of a public office.
[Section 55 amended by No. 84 of 1994 ss.38 and 42; No. 14 of 1996 s.4.]
[56. Repealed by No. 14 of 1996 s.4.]
57.Execution of documents by Commission
(1)A document is duly executed by the Commission, if —
(a)the common seal of the Commission affixed to it in accordance with subsections (2) and (3); or
(b)it is signed on behalf of the Commission by the member or members or officer or officers of the Commission authorized by the Commission to do so.
(2)The common seal of the Commission shall not be affixed to any document except by resolution of the Commission.
(3)The common seal of the Commission shall be affixed to a document in the presence of the chairperson and another member, or the chairperson and an officer of the Commission authorized by the Commission either generally or in any particular case to do so, and each of them shall sign the document to attest that that common seal was so affixed.
(4)A document purporting to be executed in accordance with this section shall be presumed to be duly executed until the contrary is shown.
(5)When a document is produced bearing a seal purporting to be the common seal of the Commission, it shall be presumed that that seal is the common seal of the Commission until the contrary is shown.
[Section 57 amended by No. 84 of 1994 s.42.]
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.
(1)The Minister shall carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from its commencement, and in the course of that review the Minister shall consider and have regard to —
(a)the effectiveness of the operations of the Commission;
(b)the need for the continuation of the functions of the Commission; and
(c)such other matters as appear to him or her to be relevant to the operation and effectiveness of this Act.
(2)The Minister shall prepare a report based on his or her review made under subsection (1) and shall, as soon as is practicable after the preparation thereof, cause the report to be laid before each House of Parliament.
[Section 59 amended by No. 84 of 1994 ss.40 and 42.]
Part VI — Transitional and savings
In this Part —
“Authority” means the Metropolitan Region Planning Authority constituted by section 7 of the Metropolitan Scheme Act;
“Department” means the Town Planning Department continued under the Public Sector Management Act 1994;
“former authority” means the Authority the Department and the Town Planning Board established by section 4 of the Town Planning and Development Act 1928.
[Section 60 amended by No. 32 of 1994 s.19.]
61.Interpretation Act 1984 not affected
Nothing in this Part shall be construed so as to limit the operation of the Interpretation Act 1984.
62.Town Planning Department abolished
On the commencement of this Act the Department shall cease to exist.
63.Devolution of rights, assets and liabilities
On the commencement of this Act —
(a)all rights, obligations and liabilities of a former authority existing immediately before such commencement are vested in or imposed on the Commission;
(b)all real and personal property of whatever kind vested in or belonging to a former authority immediately before such commencement is vested in the Commission;
(c)any proceedings which immediately before such commencement might have been brought or continued against a former authority may be brought or continued against the Commission;
(d)anything lawfully commenced by a former authority may, so far as it is not contrary to this Act, the Town Planning and Development Act 1928 or the Metropolitan Scheme Act, be carried on and completed by the Commission.
All acts, matters and things that at the commencement of the Acts Amendment (State Planning Commission) Act 1985 were in existence or in operation under an Act amended by that Act shall, in so far as is consistent with the Act as so amended, subsist and enure as if at the time when they originated or were done that Act as so amended had been in operation and they had originated or been done thereunder.
65.References in other laws etc.
(1)In any written law and in any agreement, whether in writing or not, and in every deed or other instrument unless the context is such that it would be incorrect or inappropriate, a reference to —
(a)a former authority shall be a reference to the Commission;
(b)the Town Planning Commissioner, the Chairman of the Town Planning Board, the Chairman of the Authority or the Secretary to a former authority shall be a reference to the chairperson of the Commission.
(2)For the avoidance of doubt it is declared that “written law” in subsection (1) includes the Metropolitan Region Scheme, and any town planning scheme or interim development order under the Town Planning and Development Act 1928.
[Section 65 amended by No. 84 of 1994 s.42.]
66.Membership of District Planning Committees
(1)A person who immediately before the commencement of this Act was a member of the North‑West District Planning Committee as a representative of the City of Stirling or the City of Wanneroo shall as from such commencement be a member of the North‑West District Planning Committee in the same capacity.
(2)A person who immediately before the commencement of this Act was a member of the North‑West District Planning Committee as a representative of any other local government shall represent that local government as a member of the Western Suburbs District Planning Committee.
[Section 66 amended by No. 14 of 1996 s.4.]
67.Staff not under the Public Service Act 1978
On the commencement of this Act all persons who were employed immediately before such commencement by a former authority or in the Department, not being persons subject to the Public Service Act 1978, shall be deemed to have been engaged by the Commission under section 40(2) on the same terms and conditions, including the salary payable, as those on which they were employed immediately before such commencement.
The unexpended portion of any moneys appropriated before the commencement of this Act for a service or function to be performed by the Authority shall be deemed to have been appropriated for the performance of that service or function by the Commission.
69.Annual reports for part of a year
(1)As soon as is practicable after the commencement of this Act the Authority shall prepare and deliver to the Minister a report as required by section 29 of the Metropolitan Scheme Act, for the period from the preceding 1 January to the date of commencement of this Act, and the report shall be laid before both Houses of Parliament.
(2)Notwithstanding the Acts Amendment (State Planning Commission) Act 1985, the Authority shall continue in existence for the purposes of subsection (1).
Schedule 1
[Section 3]
|
Item |
Region |
|
1 |
Gascoyne Region |
|
|
The districts of Carnarvon, Exmouth, Shark Bay and Upper Gascoyne. |
|
2 |
Goldfields‑Esperance Region |
|
|
The districts of Kalgoorlie‑Boulder, Coolgardie, Dundas, Esperance, Laverton, Leonora, Menzies, Ngaanyatjarraku and Ravensthorpe. |
|
3 |
Great Southern Region |
|
|
The districts of Albany (Town), Albany (Shire), Broomehill, Cranbrook, Denmark, Gnowangerup, Jerramungup, Katanning, Kent, Kojonup, Plantagenet, Tambellup and Woodanilling. |
|
4 |
Kimberley Region |
|
|
The districts of Broome, Derby‑West Kimberley, Hall’s Creek and Wyndham‑East Kimberley. |
|
5 |
Mid West Region |
|
|
The districts of Geraldton, Carnamah, Chapman Valley, Coorow, Cue, Greenough, Irwin, Meekatharra, Mingenew, Morawa, Mount Magnet, Mullewa, Murchison, Northampton, Perenjori, Sandstone, Three Springs, Wiluna and Yalgoo. |
|
6 |
Peel Region |
|
|
The districts of Mandurah, Boddington, Murray and Waroona. |
|
7 |
Pilbara Region |
|
|
The districts of Port Hedland, Ashburton, East Pilbara and Roebourne. |
|
8 |
South West Region |
|
|
The districts of Bunbury, Augusta‑Margaret River, Boyup Brook, Bridgetown‑Greenbushes, Busselton, Capel, Collie, Dardanup, Donnybrook‑Balingup, Harvey, Manjimup and Nannup. |
|
9 |
Wheatbelt Region |
|
|
The districts of Narrogin (Town), Northam (Town), Beverley, Brookton, Bruce Rock, Chittering, Corrigin, Cuballing, Cunderdin, Dandaragan, Dalwallinu, Dowerin, Dumbleyung, Gingin, Goomalling, Kellerberrin, Kondinin, Koorda, Kulin, Lake Grace, Merredin, Moora, Mount Marshall, Mukinbudin, Narembeen, Narrogin (Shire), Northam (Shire), Nungarin, Pingelly, Quairading, Tammin, Toodyay, Trayning, Victoria Plains, Wagin, Wandering, West Arthur, Westonia, Wickepin, Williams, Wongan‑Ballidu, Wyalkatchem, Yilgarn and York. |
[Schedule inserted by No. 84 of 1994 s.41; amended by No. 14 of 1996 s.4.]
Notes
1This reprint is a compilation as at 19 February 1999
Table of Acts
|
Act |
Number and Year |
Assent |
Commencement |
Miscellaneous |
|
State Planning Commission Act 1985 |
91 of 1985 |
4 December 1985 |
6 December 1985 (see Gazette 6 December 1985 p.4591) |
Short title subsequently amended (see footnote to section 1); Part VI: transitional and savings |
|
Acts Amendment (Financial Administration and Audit) Act 1986, section 4 |
4 of 1986 |
27 June 1986 |
1 July 1986 (see section 2) |
Section 5: |
|
Acts Amendment and Repeal (Environmental Protection) Act 1986, |
77 of 1986 |
4 December 1986 |
20 February 1987 (see section 2 and Gazette 20 February 1987 p.440) |
|
|
State Planning Commission (Amendment and Validation) Act 1990, |
7 of 1990 |
16 July 1990 |
16 July 1990 (see section 2) |
Sections 4, 6 and 7 contain application and validation provisions |
|
Financial Administration Legislation Amendment Act 1993, |
6 of 1993 |
27 August 1993 |
Deemed operative 1 July 1993 (see section 2(1)) |
|
|
Planning Legislation Amendment Act 1993, |
35 of 1993 |
16 December 1993 |
16 December 1993 (see section 2) |
|
|
Acts Amendment (Public Sector Management) Act 1994, |
32 of 1994 |
29 June 1994 |
1 October 1994 (see section 2 and Gazette 30 September 1994 p.4948) |
|
|
Planning Legislation Amendment Act |
84 of 1994 |
13 January 1995 |
1 March 1995 (see section 2 and Gazette 21 February 1995 p.567) |
Transitional2, 3 |
|
Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995, |
73 of 1995 |
27 December 1995 |
Section 188 operative 1 January 1996 (see section 2 and Gazette 29 December 1995 p.6291) |
|
|
Local Government (Consequential Amendments) Act 1996, |
14 of 1996 |
28 June 1996 |
1 July 1996 (see section 2) |
|
|
Education Amendment Act 1996, |
22 of 1996 |
11 July 1996 |
11 July 1996 (see section 2(1)) |
|
|
Planning Legislation Amendment Act 1996, |
23 of 1996 |
11 July 1996 |
4 August 1996 (see section 2 and Gazette 2 August 1996 p.3615) |
|
|
Financial Legislation Amendment Act 1996, |
49 of 1996 |
25 October 1996 |
25 October 1996 (see section 2(1)) |
|
|
Statutes (Repeals and Minor Amendments) Act 1997, |
57 of 1997 |
15 December 1997 |
15 December 1997 (see section 2(1)) |
|
2Section 24(2) of Act No. 84 of 1994 reads as follows —
“
(2)On the commencement of section 24 of the Planning Legislation Amendment Act (No. 2) 1994, each person who held office immediately before that commencement as a member of the Commission within the meaning of the principal Act ceases to hold that office.
”.
3Section 47 of Act No. 84 of 1994 reads as follows —
“
47.Construction of certain references in written laws to “State Planning Commission Act 1985” or “
A reference in a written law to the State Planning Commission Act 1985 or to the State Planning Commission, which reference is not the subject of amendment by this Part, is to be deemed, unless the contrary intention appears, to be amended as if it were a reference to the Western Australian Planning Commission Act 1985 or to the Western Australian Planning Commission, as the case requires.
”.
Defined Terms
[This is a list of terms defined and the provisions where they are defined. It is not part of the Act.]
Defined TermProvision(s)
associate member3
Authority60
chairperson3
Commission3, 17(2)
Department60
deputy member3
District Planning Committee3
district3
eligible person or body20(4)
former authority60
function55(1)
local government3
meeting55(1)
member3, 17(2), 55(1)
Metropolitan Region Scheme3
metropolitan region3
Metropolitan Scheme Act3
officer of the Commission3
public authority3
region3
regional matter6(7)
regional planning scheme3
the Commission scheme18(1c)
the local government scheme18(1c)
the Regional Minister3
this Act55(1)
WAMA3
By Authority: JOHN A. STRIJK, Government Printer