State Development Act 2025
State Development Act 2025
Western Australia
State Development Act 2025
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Object of Act3
4.Terms used3
5.Act binds Crown8
6.Act prevails over certain other Acts8
7.Act does not affect Government agreements8
8.Act does not affect Houses of Parliament or Commonwealth or interstate authorities9
9.Reference to decision includes conditions or requirements11
Notes
Compilation table12
Uncommenced provisions table12
Defined terms
State Development Act 2025
·to establish and make provision for the office of Coordinator General; and
·to provide a framework for the coordination, facilitation and promotion of development and activities of strategic or economic significance to the State; and
·to make related and consequential amendments to other Acts; and
·for related purposes.
This is the State Development Act 2025.
This Act comes into operation as follows —
(a)Part 1— on the day on which this Act receives the Royal Assent;
(b)section 115 —
(i)if the Petroleum Legislation Amendment Act 2024 section 72 comes into operation on or before the day fixed under paragraph (e) — immediately after Schedule 1 to this Act comes into operation under paragraph (e); or
(ii)otherwise — on the day on which the Petroleum Legislation Amendment Act 2024 section 72 comes into operation;
(c)section 116 —
(i)if the Petroleum Legislation Amendment Act 2024 section 199 comes into operation on or before the day fixed under paragraph (e) — immediately after Schedule 1 to this Act comes into operation under paragraph (e); or
(ii)otherwise — on the day on which the Petroleum Legislation Amendment Act 2024 section 199 comes into operation;
(d)section 117 —
(i)if the Petroleum Legislation Amendment Act 2024 section 263 comes into operation on or before the day fixed under paragraph (e) — immediately after Schedule 1 to this Act comes into operation under paragraph (e); or
(ii)otherwise — on the day on which the Petroleum Legislation Amendment Act 2024 section 263 comes into operation;
(e)the rest of the Act — on a day fixed by proclamation.
(1)The object of this Act is to provide for the coordination, facilitation and promotion of State‑significant development, while taking into account social and environmental considerations.
(2)In subsection (1) —
State‑significant development means industrial development, development of infrastructure, or other development or activities, of strategic or economic significance to the State.
In this Act —
affected designated Act, in relation to a modification order, has the meaning given in section 50(1)(b);
affected public authority —
(a)in relation to a modification order or an order revoking a modification order — has the meaning given in section 60(1); or
(b)in relation to an order amending a modification order — has the meaning given in section 60(2);
approval includes a licence, permit, registration, certificate, authorisation or exemption;
business day means a day other than a Saturday, a Sunday or a public holiday;
Coordinator General means the person appointed as Coordinator General under section 10(2);
Department means the department of the Public Service principally assisting in the administration of this Act;
designated Act means an Act listed in Schedule 1;
Note for this definition:
Under the Interpretation Act 1984 section 46, a reference to an Act includes a reference to any subsidiary legislation made under that Act.
designated decision —
(a)in relation to a due regard notice — has the meaning given in section 34(2)(c); or
(b)in relation to a joint decision notice — has the meaning given in section 41(2)(c);
designated function, in relation to a timeframe notice, has the meaning given in section 37(2)(c);
development has the meaning given in the Planning and Development Act 2005 section 4(1);
development project means —
(a)a project for carrying out development or an activity; or
(b)a project for carrying out 2 or more related developments, or activities, or both;
district means a local government district;
due regard notice has the meaning given in section 34(1);
Environmental Protection Authority means the Environmental Protection Authority continued in existence under the Environmental Protection Act 1986 section 7(1);
Government agreement means an agreement referred to in paragraph (a) of the definition of Government agreement in the Government Agreements Act 1979 section 2 and, if the agreement has been varied, means the agreement as varied;
grant includes to issue, give, renew, vary and extend;
Heritage Council of Western Australia means the Heritage Council of Western Australia established under the Heritage Act 2018 section 11(1);
information and consultation notice has the meaning given in section 77(2);
joint decision notice has the meaning given in section 41(1);
land has the meaning given in the Land Administration Act 1997 section 3(1);
local planning scheme has the meaning given in the Planning and Development Act 2005 section 4(1);
material amendment means —
(a)in relation to a State development area declaration — an amendment to the declaration that the Minister considers will effect a material change to the declaration; or
(b)in relation to a State development area plan — an amendment to the plan that the Minister considers will effect a material change to the plan;
member of staff means —
(a)a person appointed or made available under section 22; or
(b)a person in relation to whom an arrangement under section 23(1) is in effect;
modification order has the meaning given in section 50(1);
plan area, in relation to a State development area plan, has the meaning given in section 64(1)(a);
Planning Minister means the Minister to whom the administration of the Planning and Development Act 2005 is from time to time committed by the Governor;
priority project means a development project described in a priority project designation notice in force under Part 3 Division 1;
priority project designation notice has the meaning given in section 30(1);
proponent, in relation to a priority project, means the person nominated as the proponent in the priority project designation notice in force in relation to the project under Part 3 Division 1;
public authority —
(a)means —
(i)a Minister of the State; or
(ii)a department of the Public Service; or
(iii)a local government, regional local government or regional subsidiary; or
(iv)a body, whether corporate or unincorporate, established or continued for a public purpose under a written law; or
(v)the holder of an office, post or position established or continued for a public purpose under a written law or a person appointed to an office, post or position under a written law on whom functions are conferred under a designated Act; or
(vi)a GTE as defined in the Government Trading Enterprises Act 2023 section 3(1);
but
(b)does not include —
(i)a court; or
(ii)a tribunal; or
(iii)a warden of mines appointed under the Mining Act 1978 section 13(1);
region planning scheme has the meaning given in the Planning and Development Act 2005 section 4(1);
relevant Act, in relation to a timeframe notice, has the meaning given in section 37(2)(c);
relevant coordination authority, in relation to a joint decision notice, means —
(a)if section 46(2)(a) applies — the Minister; or
(b)otherwise — the Minister or the Coordinator General, as specified in the notice under section 41(2)(d);
responsible authority —
(a)in relation to a due regard notice — has the meaning given in section 34(2)(a); or
(b)in relation to a timeframe notice — has the meaning given in section 37(2)(a); or
(c)in relation to a joint decision notice — has the meaning given in section 41(2)(a);
responsible Minister, in relation to a public authority (other than a Minister of the State), means —
(a)for a department of the Public Service — the Minister to whom the administration of the department is from time to time committed by the Governor; or
(b)otherwise — the Minister to whom the administration of the enactment under which the public authority is established, continued or appointed is from time to time committed by the Governor;
senior executive officer has the meaning given in the Public Sector Management Act 1994 section 3(1);
State development area means an area declared to be a State development area under a State development area declaration in force under Part 4;
State development area declaration has the meaning given in section 61(1);
State development area improvement scheme has the meaning given in section 63(5);
State development area plan has the meaning given in section 64(1);
timeframe notice has the meaning given in section 37(1);
Western Australian Planning Commission means the Western Australian Planning Commission established under the Planning and Development Act 2005 section 7(1).
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
6.Act prevails over certain other Acts
(1)This Act prevails over a designated Act to the extent of any inconsistency.
(2)Subsection (1) applies despite the Environmental Protection Act 1986 section 5.
(3)Part 3 Division 2 Subdivision 2 prevails over the Aboriginal Heritage Act 1972 to the extent of any inconsistency.
7.Act does not affect Government agreements
(1)Nothing in this Act, or done under this Act, limits or affects —
(a)the application or operation of a Government agreement; or
(b)the making of a decision or the performance of a function under another written law if the decision is to be made or function is to be performed as required by, or in a manner affected by, a Government agreement.
(2)Subsection (1) does not prevent —
(a)a development project in relation to which a Government agreement applies or operates from being designated as a priority project; or
(b)the giving of a notice under Part 3 Division 2, or the making of a modification order, in relation to a development project, or development or an activity, in relation to which a Government agreement applies or operates; or
(c)land in relation to which a Government agreement applies or operates from being included in —
(i)a State development area; or
(ii)the plan area for a State development area plan; or
(iii)the improvement scheme area for a State development area improvement scheme;
or
(d)a function from being performed under the Planning and Development Act 2005 section 121, 195, 196 or 197 (as those sections apply under section 63(1)) in respect of land in relation to which a Government agreement applies or operates.
(3)However, anything done as referred to in subsection (2) has no effect to the extent to which it would affect a matter referred to in subsection (1)(a) or (b).
(4)Nothing in this Act, or done under this Act, limits or affects the operation of the Government Agreements Act 1979 in relation to this Act.
8.Act does not affect Houses of Parliament or Commonwealth or interstate authorities
(1)In this section —
Commonwealth authority means —
(a)a Minister of the Commonwealth; or
(b)an officer, agency or instrumentality of the Commonwealth; or
(c)a body, whether corporate or unincorporate, established or continued for a public purpose under a law of the Commonwealth (including where a public authority is a member of the body);
interstate authority means —
(a)a Minister of another State or a Territory; or
(b)an officer, agency or instrumentality of another State or a Territory; or
(c)a body, whether corporate or unincorporate, established or continued for a public purpose under a law of another State or a Territory.
(2)Nothing in this Act, or done under this Act, affects —
(a)a decision or function under another written law that is made or performed by resolution of a House of Parliament or by resolutions of both Houses of Parliament; or
(b)a provision of another written law to the extent that it provides for —
(i)a resolution of a House of Parliament, or resolutions of both Houses of Parliament, in relation to a decision; or
(ii)anything to be laid before each House of Parliament; or
(iii)disallowance of anything by a House of Parliament;
or
(c)a decision or function of a Commonwealth authority under another written law; or
(d)a provision of another written law to the extent that it requires consultation or agreement with, or consent, approval or concurrence by, a Commonwealth authority or an interstate authority.
9.Reference to decision includes conditions or requirements
If a decision (including a decision to grant an approval) under a written law involves the imposition, variation or removal of conditions or requirements (however described) —
(a)a reference in this Act to the decision includes a reference to those conditions or requirements; and
(b)a reference in this Act to making the decision includes a reference to that imposition, variation or removal of conditions or requirements.
[Parts 2-9 have not come into operation.]
[Schedule 1 has not come into operation.]
This is a compilation of the State Development Act 2025. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|
State Development Act 2025 Pt. 1 |
21 of 2025 |
19 Dec 2025 |
19 Dec 2025 (see s. 2(a)) |
To view the text of the uncommenced provisions see Acts as passed on the WA legislation website.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
affected designated Act4
affected public authority4
approval4
business day4
Commonwealth authority8(1)
Coordinator General4
Department4
designated Act4
designated decision4
designated function4
development4
development project4
district4
due regard notice4
Environmental Protection Authority4
Government agreement4
grant4
Heritage Council of Western Australia4
information and consultation notice4
interstate authority8(1)
joint decision notice4
land4
local planning scheme4
material amendment4
member of staff4
modification order4
plan area4
Planning Minister4
priority project4
priority project designation notice4
proponent4
public authority4
region planning scheme4
relevant Act4
relevant coordination authority4
responsible authority4
responsible Minister4
senior executive officer4
State development area4
State development area declaration4
State development area improvement scheme4
State development area plan4
State-significant development3(2)
timeframe notice4
Western Australian Planning Commission4
© State of Western Australia 2025. 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 2025. By Authority: ROGER JACOBS, Acting Government Printer