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
Part 2 — Coordinator General
Division 1 — Appointment of Coordinator General
10.Appointment of Coordinator General12
11.Remuneration and terms and conditions of Coordinator General12
12.Public service officer appointed as Coordinator General13
13.Resignation14
14.Removal from office14
15.Compensation may be paid if Coordinator General removed from office14
16.When office becomes vacant15
17.Acting Coordinator General16
Division 2 — Functions of Coordinator General
18.Functions of Coordinator General17
Division 3 — Delegation
19.Delegation by Minister to Coordinator General20
20.Delegation by Coordinator General20
21.General provisions about delegation21
Division 4 — Staff
22.Staff21
23.Use of government staff and facilities21
24.Engagement of service providers22
Division 5 — Relationship with Minister
25.Minister may give directions to Coordinator General22
26.Minister to have access to information23
27.Annual report to Minister24
Division 6 — General
28.Application of Financial Management Act 2006 s. 5625
29.Regulations may require Coordinator General to keep register25
Part 3 — Coordination and facilitation of projects
Division 1 — Designation of priority projects
30.Priority project designation notice26
31.Contents of priority project designation notice27
32.Amendment or revocation of priority project designation notice27
33.Subsidiary legislation and tabling28
Division 2 — Notices for coordinating and facilitating priority projects
Subdivision 1 — Due regard notices
34.Due regard notice29
35.Effect of due regard notice30
36.Due regard notice given to another Minister30
Subdivision 2 — Timeframe notices
37.Timeframe notice30
38.Effect of timeframe notice32
39.Tabling of timeframe notice33
40.Timeframe notice given to another Minister33
Subdivision 3 — Joint decision notices
41.Joint decision notice33
42.Procedure under joint decision notice34
43.Effect of joint decision notice on considerations for decision35
44.Decision made under joint decision notice36
45.Review proceedings relating to decision made under joint decision notice37
46.Joint decision notice given to another Minister39
Subdivision 4 — General provisions about notices under this Division
47.Amendment or revocation39
48.Notice is not subsidiary legislation40
49.Publication and coming into effect40
Division 3 — Modification orders
50.Modification order40
51.Requirement for key regulatory authorisation cannot be excluded41
52.Designated Act provisions that cannot be excluded or modified42
53.Conditions of modification order42
54.Enforcement action for contravention of conditions43
55.Effect of modification order on designated Act44
56.Amendment or revocation of modification order44
57.Orders may provide for transitional, consequential and other necessary matters45
58.Orders are disallowable subsidiary legislation45
59.Notification of proponent and affected public authorities46
60.Affected public authority in relation to order46
Part 4 — State development areas
Division 1 — State development area declaration
61.State development area declaration47
62.Amendment or revocation of State development area declaration48
63.Effect of State development area declaration under Planning and Development Act 200549
Division 2 — State development area plan
64.State development area plan50
65.Amendment of State development area plan51
66.Consultation on State development area plan or material amendment51
67.Revocation of State development area plan52
68.Minister may request Planning Minister to direct amendment of planning scheme for consistency with State development area plan53
Division 3 — Decision‑making in relation to State development area
69.Coordinator General must be given copies of applications relating to State development area53
70.Coordinator General must be notified of proposed performance of functions relating to State development area54
71.Public authority must have due regard to State development area plan55
72.Due regard notice for decision relating to development or activity in State development area56
Division 4 — General provisions about State development area declarations and State development area plans
73.Coordinator General may conduct or require study, investigation or report57
74.Subsidiary legislation, tabling and publication57
75.Identification of area of land58
76.Effect on existing planning schemes59
Part 5 — Information and consultation notices
77.Information and consultation notice60
78.Amendment or revocation of information and consultation notice61
79.Effect of information and consultation notice62
80.Notices are not subsidiary legislation63
81.Coming into effect of notices63
82.Regulations about information and consultation notices63
Part 6 — Miscellaneous
83.Cooperation by public authority65
84.Reporting to responsible Minister for public authority65
85.False or misleading information65
86.Confidentiality65
87.Authorised collection, disclosure and use of information66
88.Laying documents before House of Parliament not sitting67
89.Protection from personal liability68
90.Excluded holiday period days not counted in certain time periods68
91.Functions of Premier69
92.Giving documents69
93.Making documents publicly available70
94.Review of Act70
95.Regulations71
Part 7 — Transitional provisions
96.Transitional regulations72
Part 8 — Other Acts amended
Division 1 — Constitution Acts Amendment Act 1899 amended
97.Act amended74
98.Schedule V Part 1 Division 2 amended74
Division 2 — Environmental Protection Act 1986 amended
99.Act amended74
100.Section 5 amended74
Division 3 — Infrastructure Western Australia Act 2019 amended
101.Act amended75
102.Section 19 amended75
Division 4 — Planning and Development Act 2005 amended
103.Act amended75
104.Section 4 amended75
105.Section 16 amended76
106.Section 122A amended76
107.Section 122B amended77
108.Sections 122EA and 122EB inserted78
122EA.Amendment of improvement scheme to remove land to which another improvement scheme will apply78
122EB.Repeal of improvement scheme if another improvement scheme will apply79
109.Section 125 amended79
110.Section 127 amended80
111.Section 138 amended81
112.Section 171M amended81
113.Section 171R amended81
Part 9 — Amendments to this Act linked to commencement of Petroleum Legislation Amendment Act 2024
114.Act amended83
115.Schedule 1 amended83
116.Schedule 1 amended83
117.Schedule 1 amended83
Schedule 1 — Designated Acts
Notes
Compilation table86
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.
Division 1 — Appointment of Coordinator General
10.Appointment of Coordinator General
(1)An office called the Coordinator General is established.
(2)The Governor may appoint a person to the office of Coordinator General.
(3)The term of the person’s appointment is the term, not exceeding 5 years, specified in the instrument of appointment.
(4)A person who has been appointed to the office of Coordinator General is eligible for reappointment.
(5)A person may hold the office of Coordinator General and also —
(a)hold the office of chief executive officer of the Department; or
(b)be a senior executive officer of the Department.
11.Remuneration and terms and conditions of Coordinator General
(1)Subject to the Salaries and Allowances Act 1975, the Coordinator General is entitled to the remuneration determined by the Minister on the recommendation of the Public Sector Commissioner.
(2)The Minister may, on the recommendation of the Public Sector Commissioner, determine —
(a)the leave of absence to which the Coordinator General is entitled; and
(b)other terms and conditions of service that apply to the Coordinator General.
(3)The Coordinator General must not engage in paid employment outside the Coordinator General’s functions under this Act or another written law without the Minister’s approval.
12.Public service officer appointed as Coordinator General
(1)If a person who is a public service officer is appointed to the office of Coordinator General, the person is entitled to retain any accruing and existing rights, including any rights under the State Superannuation Act 2000, as if service as the Coordinator General were a continuation of service as a public service officer.
(2)If a person ceases to be the Coordinator General and becomes a public service officer, the person’s service as the Coordinator General is to be regarded as service in the Public Service for the purpose of determining that person’s rights as a public service officer and, if applicable, for the purposes of the State Superannuation Act 2000.
(3)Subsection (4) applies to a person if —
(a)immediately before the person is appointed to the office of Coordinator General, the person is a public service officer; and
(b)the person serves 1 or more continuous terms of appointment as the Coordinator General; and
(c)the period of the last of those appointments expires by the passage of time and the person is not reappointed to the office of Coordinator General.
(4)The person is entitled, upon ceasing to be the Coordinator General, to be appointed to an office in the Public Service of at least the equivalent level of classification as the office the person occupied immediately before appointment to the office of Coordinator General.
(1)The Coordinator General may, at any time, resign from office by written notice given to the Minister.
(2)The resignation takes effect on the day on which the Minister receives the notice or on a later day specified in the notice.
The Coordinator General may, at any time, be removed from office by the Governor on the recommendation of the Minister.
15.Compensation may be paid if Coordinator General removed from office
(1)The Minister may, on the recommendation of the Public Sector Commissioner, determine that a person who is removed from office under section 14 is entitled to be paid an amount of compensation in respect of the removal.
(2)The amount of compensation must be determined by reference to the remuneration to which the person was entitled as Coordinator General in relation to a period (the compensation period) determined by the Minister ending immediately before the day on which the person was removed from office.
(3)The maximum compensation payable to a person under this section is an amount equal to the remuneration to which the person was entitled as Coordinator General for the period of 1 year ending immediately before the day on which the person was removed from office.
(4)If a person to whom compensation is paid under this section is employed in a department of the Public Service or an organisation (as defined in the Public Sector Management Act 1994 section 3(1)), or engaged by an employing authority (as defined in the Public Sector Management Act 1994 section 5) under a contract for services, within the refund period, the person must as soon as practicable refund to the Treasurer an amount determined under subsection (6).
(5)The refund period, in relation to a person to whom compensation is paid under this section, is the period of the same length as the compensation period beginning on the day on which the compensation is paid.
(6)The amount that must be refunded is calculated as follows —
where —
Cis the amount of compensation paid to the person under this section;
Dis the number of days in the period beginning on the day on which the person begins their employment or engagement as referred to in subsection (4) and ending on the last day of the refund period;
Ris the number of days in the refund period.
(7)An amount required to be refunded to the Treasurer under subsection (4) may be recovered in a court of competent jurisdiction as a debt due to the State.
The office of Coordinator General becomes vacant if —
(a)the term of appointment of the person holding the office expires; or
(b)the Coordinator General —
(i)dies; or
(ii)resigns under section 13; or
(iii)is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
(iv)is removed from office under section 14.
(1)The Minister may appoint a person to act in the office of Coordinator General during a period when —
(a)the office is vacant; or
(b)the Coordinator General is —
(i)on leave of absence or otherwise absent from duty; or
(ii)unable to perform the functions of the Coordinator General.
(2)An appointment under subsection (1) —
(a)may be made at any time and may be terminated at any time by the Minister; and
(b)may be expressed to have effect only in the circumstances specified in the instrument of appointment.
(3)Subject to subsection (4), the term of the appointment is the term determined by the Minister.
(4)An appointment made under subsection (1)(a) must not exceed a period of 12 months.
(5)The Minister may, on the recommendation of the Public Sector Commissioner, determine —
(a)any remuneration to which a person appointed under subsection (1) is entitled; and
(b)any leave of absence to which a person appointed under subsection (1) is entitled; and
(c)other terms and conditions of service that apply to a person appointed under subsection (1).
(6)A person may act in the office of Coordinator General and also —
(a)hold the office of chief executive officer of the Department; or
(b)be a senior executive officer of the Department.
(7)The appointment of a person to act as the Coordinator General ceases to have effect if the person resigns the appointment by written notice given to the Minister.
(8)The validity of anything done (or omitted to be done) by, to, or in relation to a person purporting to act under subsection (1) is not to be called into question on the ground that —
(a)the occasion for an appointment under that subsection had not arisen or had ceased; or
(b)there is a defect or irregularity in the appointment; or
(c)the appointment had ceased to have effect; or
(d)the occasion for the person to act had not arisen or had ceased.
Division 2 — Functions of Coordinator General
18.Functions of Coordinator General
(1)The Coordinator General has the following functions —
(a)to investigate and identify development projects that may be suitable to be designated as priority projects;
(b)to make recommendations to the Minister as to the making, amending or revoking of priority project designation notices;
(c)to facilitate and coordinate priority projects, including by —
(i)facilitating and coordinating required processes, decisions and approvals under written laws; and
(ii)facilitating and coordinating community engagement; and
(iii)facilitating and coordinating collaboration between stakeholders; and
(iv)providing advice and assistance to proponents in their engagement with public authorities;
(d)to make recommendations to the Minister as to the giving, amending or revoking of due regard notices, timeframe notices and joint decision notices;
(e)to make recommendations to the Minister as to the making, amending or revoking of modification orders;
(f)to investigate and identify areas of the State that may be suitable to be declared as State development areas;
(g)to make recommendations to the Minister as to the making, amending or revoking of State development area declarations and State development area plans;
(h)to promote, and monitor the achievement of, the aims of State development area declarations and State development area plans and prepare reports and information in relation to that monitoring;
(i)to provide advice and assistance in relation to the preparation or amendment under the Planning and Development Act 2005 of any State development area improvement scheme;
(j)to monitor the implementation of any State development area improvement scheme and prepare reports and information in relation to that monitoring;
(k)to maintain general oversight of development and activities in State development areas;
(l)to make recommendations to the Minister in relation to the provision of infrastructure or services, the carrying out of any project, works or undertaking, or the performance of any function, in a State development area (in each case whether by a public authority or another person);
(m)to facilitate and coordinate the provision of infrastructure and services in relation to priority projects or State development areas, including by facilitating and coordinating dealings between public authorities and persons who may provide, or provide funding for, the infrastructure and services;
(n)to make recommendations to the Minister as to legislative or other changes that could be made to improve the regulation of significant development projects generally in the State;
(o)to provide advice to the Minister in relation to any matter affecting the effective performance of the Coordinator General’s functions;
(p)to provide advice to the Minister in relation to other matters relevant to this Act;
(q)if the Coordinator General considers it beneficial, to prepare and publish information or documents in relation to matters relevant to this Act;
(r)to promote the object of this Act;
(s)to liaise and cooperate with authorities in other jurisdictions to coordinate, facilitate and promote the effective and efficient regulation and delivery of significant development projects;
(t)any other functions given to the Coordinator General under this Act or another written law;
(u)any other functions prescribed by the regulations for the purposes of this paragraph.
(2)The Coordinator General has all the powers that are needed for the performance of the Coordinator General’s functions.
19.Delegation by Minister to Coordinator General
(1)Subject to subsection (2), the Minister may delegate to the Coordinator General —
(a)any power or duty of the Minister under a provision of this Act; or
(b)any power or duty the Minister has as State Development Minister under the Planning and Development Act 2005.
(2)The Minister cannot delegate to the Coordinator General —
(a)a power or duty under this Part (other than section 17); or
(b)a power or duty under section 30(1), 32(1) or (2), 50(1), 56(1) or (2), 61(1), 62(1) or (2) or 68; or
(c)a power to give a due regard notice, timeframe notice or joint decision notice in relation to a decision to be made, or function to be performed, by another Minister personally (rather than by a delegate); or
(d)a power or duty the Minister has under section 42 (whether as the Minister or as the relevant coordination authority in relation to a joint decision notice).
20.Delegation by Coordinator General
(1)Subject to subsection (2), the Coordinator General may delegate any power or duty of the Coordinator General under another provision of this Act or under the Planning and Development Act 2005 section 16(7E) to —
(a)a member of staff; or
(b)a public service officer.
(2)The Coordinator General cannot delegate a power or duty to make recommendations, or give advice, to the Minister.
21.General provisions about delegation
(1)A delegation under this Division must be in writing signed by the person making the delegation.
(2)The delegation may expressly authorise the delegate to further delegate the power or duty.
(3)A person exercising or performing a power or duty that has been delegated to the person under, or as authorised under, this Division is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(4)Nothing in this Division limits the ability of the Minister or the Coordinator General to perform a function through an officer or agent.
Persons may be appointed or made available under the Public Sector Management Act 1994 Part 3 to assist the Coordinator General in the performance of the Coordinator General’s functions.
23.Use of government staff and facilities
(1)The Coordinator General may, by arrangement with the relevant employer, make use, either full‑time or part‑time, of the services of an officer or employee —
(a)in the Public Service; or
(b)in a public authority; or
(c)otherwise in the service of the State.
(2)The Coordinator General may, by arrangement with a department of the Public Service or another public authority, make use of any facilities of the department or public authority.
(3)An arrangement under subsection (1) or (2) must be made on terms agreed to by the parties.
24.Engagement of service providers
(1)The Coordinator General may engage suitably qualified persons to provide the Coordinator General with services, information or advice.
(2)A person engaged under subsection (1) is engaged on the terms and conditions decided by the Coordinator General.
Division 5 — Relationship with Minister
25.Minister may give directions to Coordinator General
(1)The Minister may give written directions to the Coordinator General in relation to the performance of the Coordinator General’s functions (including functions that have been delegated to the Coordinator General by the Minister), either generally or in relation to a particular matter.
(2)Despite subsection (1), the Minister must not direct the Coordinator General in relation to the performance of a function to the extent that the function involves making a recommendation to the Minister.
(3)The Coordinator General must give effect to a direction given under subsection (1).
(4)The Minister must cause the text of a direction given under subsection (1) to be laid before each House of Parliament, or dealt with under section 88, within 14 days after the day on which the direction is given.
(5)The text of a direction given under subsection (1) must be included in the annual report submitted by the Coordinator General under section 27(1).
26.Minister to have access to information
(1)The Minister is entitled —
(a)to have information in the possession of the Coordinator General that —
(i)relates to the Coordinator General’s functions; or
(ii)is of a kind prescribed by the regulations;
and
(b)if the information is in or on a document, to have, and make and retain copies of, that document.
(2)For the purposes of subsection (1), the Minister may do any of the following —
(a)request the Coordinator General to give specified information, or information of a specified kind, to the Minister;
(b)request the Coordinator General to give the Minister access to specified information, or information of a specified kind;
(c)for the purposes of paragraph (b), make use of the services of any member of staff and any facilities of the Coordinator General (or that the Coordinator General makes use of under an arrangement under section 23(2)).
(3)The Coordinator General must comply with a request under subsection (2) and make members of staff and facilities available to the Minister for the purposes of subsection (2)(c).
(1)The Coordinator General must, on or before 30 September in each year, prepare and submit to the Minister a report on its operations, and the operation of this Act, during the financial year that ended on the preceding 30 June.
(2)Without limiting subsection (1), the report must include the following —
(a)a list of the priority projects designated during the financial year;
(b)the number of instruments made during the financial year amending or revoking a priority project designation notice (broken down by the type of instrument);
(c)a list of the State development area declarations made during the financial year;
(d)the number of instruments made during the financial year amending or revoking a State development area declaration (broken down by the type of instrument);
(e)a list of the State development area plans made during the financial year;
(f)the number of instruments made during the financial year amending or revoking a State development area plan (broken down by the type of instrument);
(g)the number of each of the following given during the financial year —
(i)due regard notices;
(ii)timeframe notices;
(iii)joint decision notices;
(iv)information and consultation notices;
(v)notices amending due regard notices, timeframe notices, joint decision notices or information and consultation notices (broken down by the type of notice);
(vi)notices revoking due regard notices, timeframe notices, joint decision notices or information and consultation notices (broken down by the type of notice);
(h)the number of modification orders made during the financial year;
(i)the number of orders made during the financial year amending or revoking a modification order (broken down by the type of order).
(3)The Minister must cause a copy of a report submitted under subsection (1) to be laid before each House of Parliament within 12 sitting days of the House after the day on which the Minister receives the report.
28.Application of Financial Management Act 2006 s. 56
For the purposes of the Financial Management Act 2006 section 56(1)(d), the Coordinator General is taken to be the holder of an office in the Department.
29.Regulations may require Coordinator General to keep register
(1)The regulations may require the Coordinator General to keep a register.
(2)The regulations may provide for any matter relating to the keeping of a register, including —
(a)what the register must or may contain; and
(b)whether, and in what manner, the register must or may be made publicly available.
Part 3 — Coordination and facilitation of projects
Division 1 — Designation of priority projects
30.Priority project designation notice
(1)The Minister may, with the approval of the Premier, make a written instrument (a priority project designation notice) designating a specified development project as a priority project.
(2)The Minister —
(a)must have regard to the object of this Act in considering whether to designate a development project as a priority project; and
(b)must not designate a development project as a priority project unless the Minister is satisfied that the project is of strategic or economic significance to the State or to an area of the State, including because of any infrastructure, capital investment, employment opportunities, economic benefits or social benefits that the project may provide.
(3)A development project that is wholly a project for carrying out residential development cannot be designated as a priority project.
(4)Before making a priority project designation notice, the Minister must consult the person or public authority proposed to be nominated as the proponent for the project.
(5)In considering whether to designate a development project as a priority project, the Minister may do any of the following —
(a)consult a person or public authority;
(b)request a person or public authority to provide specified information, or information of a specified kind, in relation to the project;
(c)request a public authority, or a person that may be nominated as the proponent for the project, to prepare and give to the Minister a written assessment of any of the following —
(i)the potential impact of the project;
(ii)the feasibility of the project;
(iii)how the project would satisfy a specified need or demand.
31.Contents of priority project designation notice
A priority project designation notice must —
(a)include a description of the project, including its location; and
(b)nominate a person or public authority responsible for the implementation of the project as the proponent for the project; and
(c)include any other information prescribed by the regulations.
32.Amendment or revocation of priority project designation notice
(1)The Minister may, with the approval of the Premier, by written instrument amend a priority project designation notice.
(2)The Minister may, with the approval of the Premier, by written instrument revoke a priority project designation notice.
(3)Before making an instrument under subsection (1) or (2), the Minister must —
(a)give a written notice in accordance with subsection (4) to —
(i)the proponent for the priority project; and
(ii)in the case of a proposed instrument under subsection (1) that varies the proponent for the priority project — the proposed new proponent for the priority project;
and
(b)consider any submissions made in accordance with a notice given under paragraph (a).
(4)A notice under subsection (3)(a) must —
(a)inform the proponent or proposed proponent of the proposed amendment or revocation of the priority project designation notice; and
(b)in the case of a proposed instrument under subsection (1) — set out the proposed amendment to the priority project designation notice; and
(c)invite the proponent or proposed proponent to make submissions on the proposed amendment or revocation to the Minister; and
(d)specify the period within which those submissions must be made, which cannot be shorter than 14 days after the day on which the notice is given.
(5)After complying with subsection (3), the Minister may make any modifications to the proposed instrument that the Minister considers appropriate.
33.Subsidiary legislation and tabling
(1)A priority project designation notice, or an instrument amending or revoking a priority project designation notice, is subsidiary legislation for the purposes of the Interpretation Act 1984.
(2)The Minister must cause a priority project designation notice, or an instrument amending or revoking a priority project designation notice, to be laid before each House of Parliament, or dealt with under section 88, within 14 days after the day on which it is published in accordance with the Interpretation Act 1984 section 41(1)(a).
Division 2 — Notices for coordinating and facilitating priority projects
Subdivision 1 — Due regard notices
(1)The Minister may give a written notice (a due regard notice) in accordance with subsection (2) to a public authority that is responsible for making a decision under a designated Act that could cause or allow a priority project to be implemented.
(2)A due regard notice must —
(a)identify the public authority (the responsible authority); and
(b)identify the priority project and the relevant priority project designation notice; and
(c)identify the decision (the designated decision); and
(d)set out considerations to which, in the Minister’s opinion, the responsible authority should have due regard in making the designated decision.
(3)A due regard notice cannot be given —
(a)to the Environmental Protection Authority; or
(b)to the Heritage Council of Western Australia; or
(c)to a public authority prescribed, or of a class prescribed, by the regulations; or
(d)in relation to a decision of a class prescribed by the regulations.
(4)Before giving a due regard notice, the Minister must consult the public authority to which it is proposed to be given.
Note for this section:
Under section 72, a due regard notice may also be given in relation to a decision under a designated Act that could cause or allow development or an activity in a State development area to be carried out.
35.Effect of due regard notice
(1)If a due regard notice given to a responsible authority is in effect, the responsible authority must have due regard to the considerations set out in the notice in making the designated decision.
(2)Subsection (1) does not require or permit the responsible authority to have regard to any consideration to which it is not permitted to have regard in making the designated decision under the designated Act.
(3)The due regard notice does not otherwise affect the application of the designated Act to the making of the designated decision.
36.Due regard notice given to another Minister
The Minister cannot give a due regard notice in relation to a decision to be made by another Minister personally (rather than by a delegate) unless the other Minister agrees to the giving of the notice.
Subdivision 2 — Timeframe notices
(1)The Minister may give a written notice (a timeframe notice) in accordance with subsection (2) to a public authority that is responsible for the performance, under a designated Act or the Aboriginal Heritage Act 1972, of —
(a)a function of making a decision that could cause or allow a priority project to be implemented; or
(b)a function that relates to a decision that could cause or allow a priority project to be implemented.
(2)A timeframe notice must —
(a)identify the public authority (the responsible authority); and
(b)identify the priority project and the relevant priority project designation notice; and
(c)identify the function (the designated function) and the Act under which it is to be performed (the relevant Act); and
(d)either —
(i)if no time period applies to the performance of the designated function under the relevant Act — specify a time period within which the function must be performed; or
(ii)if a time period applies to the performance of the designated function under the relevant Act — specify a varied time period for the performance of the function.
(3)A timeframe notice cannot be given in relation to a function of a class prescribed by the regulations.
(4)Before giving a timeframe notice, the Minister must —
(a)consult the public authority to which it is proposed to be given; and
(b)consider any processes for, or requirements applying to, the performance of the designated function under the relevant Act, including any processes or requirements relating to —
(i)notification, advertisement, consultation or obtaining submissions; or
(ii)consent or approval being given by another public authority;
and
(c)consider the effect that complying with the notice may have on the performance of any other function under the relevant Act or another written law.
(5)A timeframe notice cannot specify a time period or varied time period that results in the responsible authority being required to perform the designated function within a period that is less than 20 business days after the day on which the notice is given.
(1)If a timeframe notice given to a responsible authority is in effect, the responsible authority must perform the designated function within the time period or varied time period specified in the notice under section 37(2)(d) (the specified period).
(2)The timeframe notice does not otherwise affect the application of the relevant Act to the performance of the designated function.
(3)If the responsible authority considers it will be unable to perform the designated function within the specified period, the responsible authority must, by written notice given to the Minister —
(a)set out the reasons why the responsible authority is unable to perform the designated function within the specified period; and
(b)set out a time period within which the responsible authority considers that it will be able to perform the designated function; and
(c)request the Minister to extend the specified period.
(4)On request under subsection (3)(c), the Minister may amend the timeframe notice under section 47(1) to extend the specified period.
(5)If the specified period expires and the responsible authority has not performed the designated function, the responsible authority must, by written notice given to the Minister —
(a)set out the reasons why the responsible authority was unable to perform the designated function within the specified period; and
(b)provide an interim report on the performance of the designated function; and
(c)set out a time period within which the responsible authority considers that it will be able to perform the designated function.
39.Tabling of timeframe notice
The Minister must cause a timeframe notice to be laid before each House of Parliament, or dealt with under section 88, within 14 days after the day on which it is published in accordance with section 49(a).
40.Timeframe notice given to another Minister
The Minister cannot give a timeframe notice in relation to a function to be performed by another Minister personally (rather than by a delegate) unless the other Minister agrees to the giving of the notice.
Subdivision 3 — Joint decision notices
(1)The Minister may give a written notice (a joint decision notice) in accordance with subsection (2) to a public authority that is responsible for making a decision under a designated Act that could cause or allow a priority project to be implemented.
(2)A joint decision notice must —
(a)identify the public authority (the responsible authority); and
(b)identify the priority project and the relevant priority project designation notice; and
(c)identify the decision (the designated decision); and
(d)specify whether the Minister or the Coordinator General is the relevant coordination authority for the purposes of the notice; and
(e)explain that the effect of the notice is that —
(i)the designated decision must be made in accordance with the procedure that applies under section 42; and
(ii)section 43 applies to the considerations to which regard may be had in relation to the designated decision.
(3)A joint decision notice cannot be given —
(a)to the Environmental Protection Authority; or
(b)to the Heritage Council of Western Australia; or
(c)to the Western Australian Planning Commission; or
(d)to a public authority prescribed, or of a class prescribed, by the regulations; or
(e)in relation to a decision of a class prescribed by the regulations.
(4)Before giving a joint decision notice, the Minister must consult the public authority to which it is proposed to be given.
42.Procedure under joint decision notice
(1)If a joint decision notice given to a responsible authority is in effect, the responsible authority must consult, and if possible agree with, the relevant coordination authority on the designated decision to be made.
(2)If agreement is reached, the responsible authority must make the designated decision in accordance with the agreement.
(3)If the relevant coordination authority is satisfied that agreement cannot be reached, the relevant coordination authority must —
(a)notify the responsible authority that agreement cannot be reached; and
(b)refer the matter to the Minister and the responsible Minister for the responsible authority.
(4)If a matter is referred under subsection (3)(b) —
(a)the Minister and the responsible Minister must consult, and if possible agree, on the designated decision to be made; and
(b)if agreement is reached, the responsible authority must make the designated decision in accordance with the agreement.
(5)If the Minister is satisfied that agreement cannot be reached with the responsible Minister on a matter referred under subsection (3)(b) —
(a)the Minister must —
(i)notify the responsible Minister that agreement cannot be reached; and
(ii)refer the matter to the Premier for determination;
and
(b)the responsible authority must make the designated decision in accordance with the Premier’s determination.
43.Effect of joint decision notice on considerations for decision
(1)If a joint decision notice given to a responsible authority is in effect, a public authority acting under section 42 may, in making, consulting on or determining the designated decision, have regard to the object of this Act in addition to the considerations to which the responsible authority would otherwise be required or permitted to have regard in making the designated decision.
(2)Subsection (1) applies despite any provision of the designated Act that would otherwise limit the matters to which regard may be had in making the designated decision.
44.Decision made under joint decision notice
(1)This section applies to a decision (the relevant decision) made under a designated Act in accordance with section 42(2), (4)(b) or (5)(b) by a responsible authority given a joint decision notice.
(2)The relevant decision has effect, and is as valid, for the purposes of the designated Act and all other written laws, as if it were made by the responsible authority under the ordinary procedure that applies under the designated Act.
(3)Subsection (2) applies even if, because of the effect of section 43, the relevant decision could not have been made by the responsible authority under the designated Act if the joint decision notice had not been given.
(4)The responsible authority must not exercise any power under the designated Act to vary or revoke the relevant decision unless —
(a)the responsible authority has consulted the relevant coordination authority for the joint decision notice; and
(b)the relevant coordination authority has given written notice to the responsible authority stating that it does not object to the variation or revocation.
(5)Subsection (4) does not apply —
(a)to a variation or revocation consented to by the proponent for the project; or
(b)to a variation that, in the opinion of the responsible authority, does not materially affect the substance of the decision; or
(c)if a notice has been given under subsection (6) that applies to the variation or revocation; or
(d)in circumstances prescribed by the regulations.
(6)The relevant coordination authority may, by written notice given to the responsible authority, inform the responsible authority that it is not required to consult the relevant coordination authority in relation to —
(a)the variation and revocation of the relevant decision generally; or
(b)a specified class of variation of the relevant decision.
(7)A failure to comply with subsection (4) does not invalidate a decision to vary or revoke the relevant decision.
45.Review proceedings relating to decision made under joint decision notice
(1)In this section —
reviewer, in relation to review proceedings, means the court, tribunal or public authority dealing with the proceedings;
review proceedings, in relation to a decision, means —
(a)proceedings for judicial review of the decision; or
(b)proceedings in the review jurisdiction of the State Administrative Tribunal in relation to the decision; or
(c)any proceeding or process under a designated Act for seeking a reconsideration of, appealing against, or objecting to, the decision.
(2)This section applies to a decision (the relevant decision) made under a designated Act in accordance with section 42(2), (4)(b) or (5)(b) by a responsible authority given a joint decision notice.
(3)Without limiting section 44(2), the relevant decision may be the subject of review proceedings as if it were made by the responsible authority under the ordinary procedure that applies under the designated Act.
(4)In any review proceedings relating to the relevant decision in the State Administrative Tribunal or that otherwise involve a consideration of the merits of the relevant decision —
(a)the reviewer is not bound by any requirement of section 42; and
(b)the reviewer may have regard to the object of this Act in addition to the other considerations to which it would be required or permitted to have regard; and
(c)the relevant coordination authority for the joint decision notice is entitled to make submissions to the reviewer.
(5)Subsection (4) applies despite anything in the State Administrative Tribunal Act 2004 or the designated Act under which the review proceedings are conducted.
(6)If the State Administrative Tribunal invites the responsible authority to reconsider the relevant decision under the State Administrative Tribunal Act 2004 section 31(1), the Minister may give a further joint decision notice under section 41 in relation to the decision to be made by the responsible authority under the State Administrative Tribunal Act 2004 section 31(2) as if that decision were a decision to be made under a designated Act that could cause or allow a priority project to be implemented.
(7)If the State Administrative Tribunal sets aside the relevant decision and sends the matter back to the responsible authority for reconsideration under the State Administrative Tribunal Act 2004 section 29(3)(c)(ii) in accordance with any directions or recommendations that the Tribunal considers appropriate —
(a)the Minister may give a further joint decision notice under section 41 in relation to the decision to be made by the responsible authority under the State Administrative Tribunal Act 2004 section 29(3)(c)(ii) as if that decision were a decision to be made under a designated Act that could cause or allow a priority project to be implemented; and
(b)if the Minister gives a further joint decision notice as referred to in paragraph (a), a public authority acting under section 42 must, in making, consulting on or determining the designated decision, act in accordance with any directions or recommendations given by the Tribunal.
(8)To the extent necessary to give effect to a further joint decision notice given as referred to in subsection (6) or (7)(a), this Subdivision applies as if a reference to a designated Act included a reference to the State Administrative Tribunal Act 2004.
46.Joint decision notice given to another Minister
(1)The Minister cannot give a joint decision notice in relation to a decision to be made by another Minister personally (rather than by a delegate) unless the other Minister agrees to the giving of the notice.
(2)If a joint decision notice is given as referred to in subsection (1) —
(a)despite anything specified in the notice under section 41(2)(d), the Minister, rather than the Coordinator General, must act as the relevant coordination authority in relation to the notice; and
(b)if the Minister is satisfied that agreement cannot be reached under section 42(1), the matter may be referred directly to the Premier for determination under section 42(5).
Subdivision 4 — General provisions about notices under this Division
(1)The Minister may amend a due regard notice, timeframe notice or joint decision notice given to a responsible authority by giving written notice of the amendment to the responsible authority.
(2)The Minister may revoke a due regard notice, timeframe notice or joint decision notice given to a responsible authority by giving written notice of the revocation to the responsible authority.
(3)Before giving a notice under subsection (1) or (2), the Minister must consult the responsible authority to which it is proposed to be given.
48.Notice is not subsidiary legislation
A due regard notice, timeframe notice or joint decision notice, or a notice amending or revoking a due regard notice, timeframe notice or joint decision notice, is not subsidiary legislation for the purposes of the Interpretation Act 1984.
49.Publication and coming into effect
A due regard notice, timeframe notice or joint decision notice, or a notice amending or revoking a due regard notice, timeframe notice or joint decision notice —
(a)must be published in the Gazette; and
(b)comes into effect on the day after publication in the Gazette or on a later day specified in the notice.
Division 3 — Modification orders
(1)The Minister may, with the approval of the Premier, make an order (a modification order) that —
(a)identifies a priority project and the relevant priority project designation notice; and
(b)provides that specified provisions of a designated Act (the affected designated Act) do not apply, or apply with specified modifications, in relation to the making of a decision in respect of the priority project or part of the priority project.
(2)The decision referred to in subsection (1)(b) must be a decision of a public authority under the affected designated Act or another designated Act.
(3)The Minister must not make a modification order unless the Minister considers that it is appropriate to do so because, in the Minister’s opinion —
(a)the making of the order will prevent or reduce duplication of statutory or administrative processes or requirements that apply to the priority project or the part of the priority project; or
(b)having regard to the purpose of the affected designated Act and the object of this Act, the making of the order will not prevent the priority project or the part of the priority project from being effectively regulated under law.
(4)Before making a modification order, the Minister must consult —
(a)the proponent for the priority project; and
(b)each affected public authority in relation to the order.
51.Requirement for key regulatory authorisation cannot be excluded
(1)In this section —
key regulatory authorisation means —
(a)an approval under a designated Act that authorises the carrying out of development or an activity; or
(b)an interest in land, or a right to access or use land, granted under a designated Act.
(2)A modification order cannot have the effect that a key regulatory authorisation that would otherwise be required in relation to a priority project, or a part of a priority project, is not required.
(3)Subsection (2) does not prevent a modification order from excluding or modifying the application of provisions of a designated Act that provide for —
(a)the grounds on which, or purpose for which, a key regulatory authorisation may be granted; or
(b)a process, requirement or criterion that applies in relation to the making of a decision to grant a key regulatory authorisation.
52.Designated Act provisions that cannot be excluded or modified
A modification order cannot exclude or modify the application of —
(a)a provision of a designated Act to the extent that it relates to an assessment under —
(i)a bilateral agreement (as defined in the Environmental Protection Act 1986 section 124A); or
(ii)a process under a designated Act that the Commonwealth Minister administering the Environment Protection and Biodiversity Conservation Act 1999 (Cth) has, under section 87(1) of that Act, decided to use for an assessment for the purposes of that Act;
or
(b)a provision that is prescribed, or is of a class prescribed, by the regulations.
53.Conditions of modification order
(1)A modification order may specify conditions with which the proponent for the priority project identified in the order is required to comply.
(2)The proponent for the priority project identified in a modification order must comply with the conditions of the order.
Penalty for this subsection:
(a)a fine of $100 000;
(b)a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues.
(3)A failure to comply with a condition of a modification order does not affect the operation of the order.
54.Enforcement action for contravention of conditions
(1)In this section —
enforcement action means action that may be taken under a written law to —
(a)prevent, detect, investigate or prosecute an offence; or
(b)carry out remediation or mitigation in relation to an offence or suspected offence; or
(c)require a person to take action in relation to an offence or suspected offence; or
(d)require compensation to be paid in relation to an offence; or
(e)monitor compliance with an offence provision.
(2)Enforcement action may be taken in relation to an offence or suspected offence under section 53(2) as if it were an offence or suspected offence under the affected designated Act in relation to the modification order referred to in that section.
(3)A public authority’s costs and expenses of prosecuting an offence under section 53(2) may be recovered in a court of competent jurisdiction as a debt due to the State.
55.Effect of modification order on designated Act
If a modification order is in force, the affected designated Act applies subject to the order.
56.Amendment or revocation of modification order
(1)The Minister may, with the approval of the Premier, make an order amending a modification order.
(2)The Minister may, with the approval of the Premier, make an order revoking a modification order.
(3)Before making an order under subsection (1) or (2), the Minister must —
(a)give a written notice in accordance with subsection (4) to —
(i)the proponent for the relevant priority project; and
(ii)each affected public authority in relation to the order;
and
(b)consider any submissions made in accordance with a notice given under paragraph (a).
(4)A notice under subsection (3)(a) must —
(a)inform the proponent or public authority of the proposed amendment or revocation of the modification order; and
(b)in the case of a proposed order under subsection (1) — set out the proposed amendment to the modification order; and
(c)invite the proponent or public authority to make submissions on the proposed amendment or revocation to the Minister; and
(d)specify the period within which those submissions must be made, which cannot be shorter than 14 days after the day on which the notice is given.
(5)After complying with subsection (3), the Minister may make any modifications to the proposed order that the Minister considers appropriate.
(6)A modification order is revoked if an instrument revoking the priority project designation notice for the priority project identified in the order comes into operation.
57.Orders may provide for transitional, consequential and other necessary matters
(1)A modification order, or an order amending or revoking a modification order, may provide for —
(a)transitional or consequential matters arising as a result of the making or coming into operation of the order; or
(b)other matters that the Minister considers necessary to give effect to the order.
(2)If provisions of a kind referred to in subsection (1) are included in an order amending or revoking a modification order, the affected designated Act has effect subject to those provisions.
58.Orders are disallowable subsidiary legislation
(1)A modification order, or an order amending or revoking a modification order, is subsidiary legislation for the purposes of the Interpretation Act 1984.
(2)The Interpretation Act 1984 section 42 applies to a modification order, or an order amending or revoking a modification order, as if the order were regulations.
59.Notification of proponent and affected public authorities
(1)The Minister must give a copy of a modification order, or an order amending or revoking a modification order, to —
(a)the proponent for the relevant priority project; and
(b)each affected public authority in relation to the order.
(2)A failure to comply with subsection (1) does not affect the validity of the order.
60.Affected public authority in relation to order
(1)Each of the following is an affected public authority in relation to a modification order or an order revoking a modification order —
(a)the Minister to whom the administration of the affected designated Act is from time to time committed by the Governor;
(b)the public authority responsible for making the decision referred to in section 50(1)(b) to which the modification order relates;
(c)a public authority that has a function under a provision of the affected designated Act the application of which is excluded or modified by the modification order.
(2)Each of the following is an affected public authority in relation to an order amending a modification order —
(a)a public authority that, under subsection (1), is an affected public authority in relation to the modification order as in force prior to the amendment;
(b)a public authority that, under subsection (1), is an affected public authority in relation to the modification order as amended or proposed to be amended.
Part 4 — State development areas
Division 1 — State development area declaration
61.State development area declaration
(1)The Minister may, with the approval of the Premier, make a written instrument (a State development area declaration) that —
(a)identifies an area of land in the State and declares it to be a State development area; and
(b)sets out how the Minister considers the area should be dealt with for the purpose of —
(i)facilitating economic development, strategic industrial development or the provision of necessary infrastructure; or
(ii)protecting, conserving or enhancing the environment; or
(iii)otherwise promoting the object of this Act.
Note for this subsection:
Under the Off‑shore (Application of Laws) Act 1982 section 3(1)(b), a reference in a written law to the State includes a reference to the coastal waters of the State as defined in section 2 of that Act.
(2)The Minister —
(a)must have regard to the object of this Act in considering whether to make a State development area declaration; and
(b)must not make a State development area declaration unless the Minister considers that it is appropriate to do so for a purpose referred to in subsection (1)(b).
(3)The regulations may provide for areas, or classes of area, that cannot be included in a State development area.
(4)Without limiting subsection (1), a State development area declaration may authorise the making of an improvement scheme by the Western Australian Planning Commission under the Planning and Development Act 2005 in respect of some or all of the State development area (other than in respect of any land referred to in the Planning and Development Act 2005 section 119(3A)).
(5)A State development area declaration that authorises the making of an improvement scheme must set out the objectives of the improvement scheme.
(6)Without limiting subsection (1)(b), a State development area declaration may set out how the Minister considers the State development area should be dealt with in any manner referred to in the Planning and Development Act 2005 section 119(1)(a)(i) or (ii).
(7)A State development area declaration must include any information prescribed by the regulations.
(8)The Minister may undertake any consultation the Minister considers appropriate before making a State development area declaration.
62.Amendment or revocation of State development area declaration
(1)The Minister may, with the approval of the Premier, by written instrument amend a State development area declaration.
(2)The Minister may, with the approval of the Premier, by written instrument revoke a State development area declaration.
(3)The Minister must not make an instrument under subsection (1) that effects a material amendment to a State development area declaration unless the Minister considers that it is appropriate to do so for a purpose referred to in section 61(1)(b).
(4)An instrument under subsection (1) or (2) —
(a)may provide for transitional matters arising as a result of the making or coming into operation of the instrument; and
(b)must include any information prescribed by the regulations.
(5)The Minister may undertake any consultation the Minister considers appropriate before making an instrument under subsection (1) or (2).
63.Effect of State development area declaration under Planning and Development Act 2005
(1)If a State development area declaration is in force, the Planning and Development Act 2005 sections 121, 195, 196 and 197 apply as if —
(a)the declaration were an improvement plan in force under section 119 of that Act; and
(b)the State development area were the land included in that improvement plan.
(2)Before performing a function under the Planning and Development Act 2005 section 121, 195 or 196 as applied under subsection (1), the Western Australian Planning Commission must consult the Coordinator General.
(3)If a State development area includes land of a kind referred to in the Planning and Development Act 2005 section 119(3A), subsection (1) does not permit the Western Australian Planning Commission or Governor to perform any function under the Planning and Development Act 2005 section 121, 195, 196 or 197 in relation to that land.
(4)If a State development area declaration authorises the making of an improvement scheme in respect of some or all of the State development area, an improvement scheme may be prepared and approved under the Planning and Development Act 2005 in respect of that area.
(5)Except as otherwise provided in the Planning and Development Act 2005, that Act and other written laws apply to an improvement scheme referred to in subsection (4) (a State development area improvement scheme) as if it were an improvement scheme authorised under an improvement plan in force under section 119 of that Act.
Division 2 — State development area plan
64.State development area plan
(1)If a State development area declaration is in force, the Minister may make a written instrument (a State development area plan) that —
(a)identifies the area to which it applies (the plan area), which may be all or part of the State development area; and
(b)does any of the following —
(i)sets out relevant economic, environmental and social considerations for the plan area;
(ii)sets out intended development and subdivision in the plan area;
(iii)identifies infrastructure and services required in the plan area to support the intended development and subdivision;
(iv)identifies precincts in the plan area and provides for any of the matters referred to in subparagraphs (i) to (iii) in relation to those precincts;
(v)includes any other provision that the Minister considers will promote the plan area being dealt with in accordance with the State development area declaration.
(2)A State development area plan must provide for the matters referred to in subsection (1)(b) in a manner that the Minister considers —
(a)is consistent with the State development area declaration; and
(b)will promote the object of this Act.
65.Amendment of State development area plan
(1)The Minister may, by written instrument, amend a State development area plan.
(2)An instrument under subsection (1) —
(a)may provide for transitional matters arising as a result of the making or coming into operation of the instrument; and
(b)must include any information prescribed by the regulations.
66.Consultation on State development area plan or material amendment
(1)Before making a State development area plan or an instrument under section 65(1) that effects a material amendment to a State development area plan, the Minister must —
(a)make publicly available the proposed plan or proposed amending instrument and a written notice —
(i)inviting members of the public to make submissions on the proposed plan or amendment to the Minister; and
(ii)specifying the period within which those submissions must be made, which cannot be shorter than 30 days after the day on which the notice is first made publicly available;
and
(b)consider any submissions made in accordance with the notice; and
(c)consult the Western Australian Planning Commission and each local government required to be consulted under subsection (2); and
(d)undertake any other consultation that the Minister considers appropriate.
(2)A local government must be consulted under subsection (1)(c) if —
(a)in the case of a proposed State development area plan or proposed amendment that does not vary the boundaries of the plan area — the local government’s district includes any part of the proposed plan area or plan area; or
(b)in the case of a proposed amendment that varies the boundaries of the plan area —
(i)the local government’s district includes any part of the plan area (as it exists prior to the variation); or
(ii)the local government’s district includes any part of the plan area (as it is proposed to be varied).
(3)After complying with subsection (1), the Minister may make any modifications to the proposed plan or proposed amending instrument that the Minister considers appropriate.
67.Revocation of State development area plan
(1)The Minister may, by written instrument, revoke a State development area plan.
(2)An instrument under subsection (1) —
(a)may provide for transitional matters arising as a result of the making or coming into operation of the instrument; and
(b)must include any information prescribed by the regulations.
(3)A State development area plan is revoked if an instrument revoking the relevant State development area declaration comes into operation.
68.Minister may request Planning Minister to direct amendment of planning scheme for consistency with State development area plan
(1)The Minister may request the Planning Minister to direct the Western Australian Planning Commission, under the Planning and Development Act 2005 section 17, to amend a region planning scheme to ensure consistency between the scheme and a State development area plan that applies to any part of the area to which the region planning scheme applies.
(2)The Minister may request the Planning Minister to direct a local government, under the Planning and Development Act 2005 section 125, to amend a local planning scheme to ensure consistency between the scheme and a State development area plan that applies to any part of the area to which the local planning scheme applies.
Division 3 — Decision‑making in relation to State development area
69.Coordinator General must be given copies of applications relating to State development area
(1)If an application is made to a public authority for a decision under a designated Act that could cause or allow development or an activity in a State development area to be carried out, the public authority must give a copy of the application to the Coordinator General.
(2)The public authority must comply with subsection (1) as soon as practicable after the application is made and, in any case, before a decision is made on the application.
(3)Subsection (1) does not apply to an application of a class prescribed by the regulations.
(4)Subsection (1) does not apply to an application made to a public authority if —
(a)the Coordinator General has given written notice to the public authority stating that the public authority is not required to give copies of applications of a specified class to the Coordinator General in relation to that State development area; and
(b)the application is of the class specified in the notice.
(5)A failure to comply with this section in relation to an application does not invalidate a decision made on the application.
70.Coordinator General must be notified of proposed performance of functions relating to State development area
(1)This section applies if a public authority proposes to perform any of the following functions under a designated Act —
(a)a function of granting —
(i)an interest in land in a State development area; or
(ii)an option or right to acquire an interest in land in a State development area;
(b)a function that would result in land in a State development area becoming, or ceasing to be, reserved for any purpose;
(c)a function that —
(i)is prescribed, or is of a class prescribed, by the regulations; and
(ii)is to be performed in relation to land in a State development area.
(2)Before performing the function, the public authority must give the Coordinator General written notice of the proposed performance of the function.
(3)Subsection (2) does not apply to a function of a class prescribed by the regulations.
(4)Subsection (2) does not apply to a function of a public authority if —
(a)the Coordinator General has given written notice to the public authority stating that the public authority is not required to give notice of the proposed performance of functions of a specified class to the Coordinator General in relation to that State development area; and
(b)the function is of the class specified in the notice.
(5)A failure to comply with this section in relation to a function does not invalidate the performance of the function.
71.Public authority must have due regard to State development area plan
(1)If a State development area plan is in force, a public authority must have due regard to the plan in making a decision under a designated Act that could cause or allow development or an activity in a State development area to be carried out.
(2)Subsection (1) applies despite any provision of the designated Act that would otherwise limit the matters to which regard may be had in making the decision.
(3)Subsection (1) does not apply to a decision of a class prescribed by the regulations.
(4)The Minister may give a public authority a written notice exempting the public authority from the requirement to have due regard to a State development area plan, or specified provisions of a State development area plan, in making decisions of a specified class under a designated Act.
(5)The Minister may, by written notice given to the public authority, revoke an exemption under subsection (4).
(6)A notice under subsection (4) or (5) —
(a)must be published in the Gazette; and
(b)comes into effect on the day after publication in the Gazette or on a later day specified in the notice.
(7)Subsection (1) applies subject to a notice in effect under subsection (4).
72.Due regard notice for decision relating to development or activity in State development area
(1)A due regard notice may be given under section 34 in relation to a decision under a designated Act that could cause or allow development or an activity in a State development area to be carried out.
(2)Section 34 applies for the purposes of subsection (1) as if —
(a)the decision were a decision that could cause or allow a priority project to be implemented; and
(b)section 34(2)(b) required the due regard notice to identify the development or activity and the relevant State development area declaration, rather than the priority project and the relevant priority project designation notice.
Division 4 — General provisions about State development area declarations and State development area plans
73.Coordinator General may conduct or require study, investigation or report
(1)For the purpose of considering whether to make a recommendation to the Minister as to the making, amending or revoking of a State development area declaration or State development area plan, the Coordinator General may —
(a)conduct any investigation, study or assessment, or prepare any report, that the Coordinator General considers appropriate; or
(b)by written notice given to a public authority, direct the public authority to —
(i)conduct, and report to the Coordinator General on, a specified investigation, study or assessment; or
(ii)prepare and give to the Coordinator General a report on a specified subject.
(2)A public authority given a direction under subsection (1) must take reasonable steps to comply with the direction.
74.Subsidiary legislation, tabling and publication
(1)This section applies to the following instruments made under this Part (each of which is a State development area instrument) —
(a)a State development area declaration;
(b)an instrument under section 62(1) amending a State development area declaration;
(c)an instrument under section 62(2) revoking a State development area declaration;
(d)a State development area plan;
(e)an instrument under section 65(1) amending a State development area plan;
(f)an instrument under section 67(1) revoking a State development area plan.
(2)A State development area instrument is subsidiary legislation for the purposes of the Interpretation Act 1984.
(3)The Minister must cause a State development area instrument to be laid before each House of Parliament, or dealt with under section 88, within 14 days after the day on which it is published in accordance with the Interpretation Act 1984 section 41(1)(a).
(4)It is sufficient compliance with the Interpretation Act 1984 section 41(1)(a) if a State development area instrument is published in accordance with that section without any maps, plans or diagrams that form part of the instrument.
(5)The Coordinator General must ensure that the following are made publicly available —
(a)each State development area instrument that has been made (including any maps, plans or diagrams that form part of the instrument);
(b)an up‑to‑date consolidated version of each State development area declaration and State development area plan that is in force (including any maps, plans or diagrams that form part of the declaration or plan).
75.Identification of area of land
(1)An area of land may be identified in a State development area declaration or State development area plan by reference to a plan held by the Coordinator General.
(2)If an area of land is identified by reference to a plan under subsection (1), the State development area declaration or State development area plan must include, for guidance, an indicative plan of the area.
(3)In any proceedings, a plan purporting to be a copy of a plan referred to in subsection (1) showing the boundaries of an area is evidence of those boundaries.
76.Effect on existing planning schemes
The coming into operation of a State development area declaration or State development area plan, or an instrument amending or revoking a State development area declaration or State development area plan, does not affect the application of any improvement scheme or other planning scheme that applies to the State development area or plan area (as the case requires) under the Planning and Development Act 2005 or another written law at the time of that coming into operation.
Part 5 — Information and consultation notices
77.Information and consultation notice
(1)In this section —
exempt agency has the meaning given in the Freedom of Information Act 1992 Glossary clause 1;
State development matter means —
(a)the performance of a function of the Coordinator General or the Minister under this Act; or
(b)a decision on an application under a designated Act, if a public authority is required to give the Coordinator General a copy of the application under section 69; or
(c)the performance of a function under a designated Act, if a public authority is required to give the Coordinator General notice of the proposed performance of the function under section 70.
(2)The Coordinator General may give a public authority (other than an exempt agency) a written notice (an information and consultation notice) requiring the public authority to do either or both of the following —
(a)give to the Coordinator General information that —
(i)is, or may from time to time be, in the possession or control of the public authority; and
(ii)the Coordinator General considers is relevant to a State development matter;
(b)consult the Coordinator General on a matter that the Coordinator General considers is relevant to a State development matter.
(3)An information and consultation notice that requires information to be given —
(a)must identify or describe the information or kind of information required to be given to the Coordinator General; and
(b)must set out how the Coordinator General intends to use the information; and
(c)must specify when the information is required to be given, which may be —
(i)on a single occasion within the time specified in or determined under the notice; or
(ii)on 2 or more occasions, within times specified in or determined under the notice;
and
(d)may require the information to be given in a specified manner or specified format.
(4)An information and consultation notice that requires consultation must —
(a)identify the matter in relation to which the public authority must consult the Coordinator General; and
(b)describe the nature of the consultation required; and
(c)specify the time within which and the manner in which the consultation must occur.
78.Amendment or revocation of information and consultation notice
(1)The Coordinator General may amend an information and consultation notice given to a public authority (including by extending a time specified in or determined under the notice) by giving written notice of the amendment to the public authority.
(2)The Coordinator General may revoke an information and consultation notice given to a public authority by giving written notice of the revocation to the public authority.
79.Effect of information and consultation notice
(1)If an information and consultation notice given to a public authority is in effect, the public authority must comply with the notice.
(2)If a public authority (other than a Minister of the State) does not comply with an information and consultation notice that is in effect, the Minister may request the responsible Minister for the public authority to direct the public authority to comply with the information and consultation notice.
(3)If the responsible Minister for a public authority receives a request under subsection (2), the responsible Minister may direct the public authority to comply with the information and consultation notice.
(4)A public authority given a direction under subsection (3) must comply with the direction.
(5)Subsections (2) to (4) apply despite any other written law that —
(a)provides that the public authority is not subject to direction by the responsible Minister; or
(b)restricts the extent to which the public authority is subject to direction by the responsible Minister.
(6)The responsible Minister must cause the text of a direction given under subsection (3) to be laid before each House of Parliament, or dealt with under section 88, within 14 days after the day on which the direction is given.
(7)A failure by a public authority to comply with an information and consultation notice or a direction given under subsection (3) does not invalidate any decision, or the performance of any function, by the public authority.
80.Notices are not subsidiary legislation
An information and consultation notice, or a notice amending or revoking an information and consultation notice, is not subsidiary legislation for the purposes of the Interpretation Act 1984.
81.Coming into effect of notices
An information and consultation notice, or a notice amending or revoking an information and consultation notice, comes into effect when it is given to the public authority.
82.Regulations about information and consultation notices
The regulations may do any of the following —
(a)provide for classes of information that, despite section 79, are not required to be given to the Coordinator General in compliance with an information and consultation notice;
(b)provide that particular classes of information that could be required to be given in compliance with an information and consultation notice are subject to particular protections or safeguards, including in relation to any of the following —
(i)the giving of the information by the public authority;
(ii)the collection, holding, management or use of the information by the Coordinator General;
(iii)the further disclosure of the information by the Coordinator General;
(c)make provision about information and consultation notices relating to particular classes of information, including in relation to any of the following —
(i)the form and content of the notice;
(ii)the rights and obligations of the public authority that is given the notice;
(iii)processes and procedures to be followed in giving, or in responding to, the notice.
83.Cooperation by public authority
(1)The Minister or Coordinator General may request a public authority to provide any assistance that the Minister or Coordinator General reasonably requires to perform functions under this Act.
(2)A public authority must take reasonable steps to comply with a request under subsection (1).
(3)This section does not limit any other power of the Minister or Coordinator General under this Act.
84.Reporting to responsible Minister for public authority
If a public authority (other than a Minister of the State) does not comply with a provision of this Act that imposes a duty on the public authority, the Minister may give a report on the matter to the responsible Minister for the public authority.
85.False or misleading information
A person commits an offence if —
(a)the person gives a document or information under this Act to the Coordinator General or the Minister; and
(b)the person knows that the document or information is false or misleading in a material particular.
Penalty: a fine of $50 000.
(1)In this section —
relevant official means a person who is or has been —
(a)the Coordinator General; or
(b)a person appointed under section 17(1) to act in the office of Coordinator General; or
(c)a member of staff; or
(d)a person engaged under section 24.
(2)A relevant official commits an offence if —
(a)the relevant official directly or indirectly collects, discloses or uses information obtained in the administration of this Act; and
(b)the collection, disclosure or use is not authorised under section 87(1).
Penalty for this subsection: a fine of $10 000.
87.Authorised collection, disclosure and use of information
(1)The collection, disclosure or use of information obtained in the administration of this Act is authorised if the information is collected, disclosed or used in good faith —
(a)for the purpose of, or in connection with, the performance of a function under this Act; or
(b)as permitted or required by this Act or another written law; or
(c)for the purposes of legal proceedings arising out of the administration of this Act or another written law; or
(d)with the written consent of the person to whom the information relates; or
(e)in circumstances prescribed by the regulations.
(2)A public authority is authorised to collect, disclose or use information if the information is collected, disclosed or used in good faith for the purpose of —
(a)complying with a request under section 30(5)(b) or (c); or
(b)the public authority or another public authority making, consulting on or determining a decision in accordance with section 42; or
(c)complying with section 69 or 70 or a direction under section 73(1)(b); or
(d)complying with an information or consultation notice or a direction under section 79(3); or
(e)complying with a requirement under the Planning and Development Act 2005 to consult the Coordinator General or the State Development Minister (as defined in section 4(1) of that Act).
(3)If a collection, disclosure or use of information is authorised under this Act —
(a)no civil or criminal liability is incurred in respect of the collection, disclosure or use; and
(b)the collection, disclosure or use is not to be regarded as —
(i)a breach of any duty of confidentiality or secrecy imposed by law; or
(ii)a breach of professional ethics or standards or any principles of conduct applicable to a person’s employment; or
(iii)unprofessional conduct.
88.Laying documents before House of Parliament not sitting
(1)This section applies if —
(a)a provision of this Act requires the Minister, or the responsible Minister for a public authority, to cause a document to be laid before each House of Parliament, or dealt with under this section, within a period; and
(b)at the beginning of the period, a House of Parliament is not sitting; and
(c)in the Minister’s or responsible Minister’s opinion, the House will not sit before the end of the period.
(2)The Minister or responsible Minister must send the document to the Clerk of the House before the end of the period.
(3)When the document is sent to the Clerk of the House it is taken to have been laid before the House.
(4)The laying of the document that is taken to have occurred under subsection (3) must be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk receives the document.
89.Protection from personal liability
(1)No civil liability is incurred by a person for anything that the person has done, in good faith —
(a)in the performance or purported performance of a function under this Act; or
(b)in compliance with a requirement under, or as authorised under, this Act.
(2)The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(3)Despite subsection (1), the State is not relieved of any liability that it might have for another person having done anything as described in that subsection.
(4)In this section, a reference to the doing of anything includes a reference to an omission to do anything.
90.Excluded holiday period days not counted in certain time periods
(1)In this section —
excluded holiday period day means a day that is in —
(a)a period beginning on 25 December in a year and ending on the next 1 January; or
(b)a period of 7 days beginning on Good Friday in a year.
(2)For the purposes of sections 32(4)(d), 37(5), 56(4)(d) and 66(1)(a)(ii), an excluded holiday period day is not to be counted in calculating a period of time that is expressed as a number of days or business days.
(3)This section does not limit the operation of the Interpretation Act 1984 section 61(1)(e) or (h).
The Premier is not prevented from giving an approval under this Act or determining a matter under section 42(5) merely because the office of Premier is held by the same person who holds the office of the Minister or the office of the responsible Minister for a public authority.
(1)In this section —
electronic means includes —
(a)an electronic database or document system; and
(b)another means by which a document can be given or accessed electronically.
(2)The regulations may make provision for or in relation to the following —
(a)the giving of a document required or permitted to be given under this Act (including the giving of the document by electronic means);
(b)the time at which the document is taken to have been given;
(c)the means of satisfying a requirement under this Act in relation to a document in writing (for example, a requirement that the original of a document be given or that a document be signed) if the document is given by electronic means.
(3)This section applies to a requirement or permission to give a document whether the term “give”, “issue”, “send” or “serve”, or any other similar term, is used.
93.Making documents publicly available
(1)The regulations may make provision for how a document must be made publicly available by the Minister or Coordinator General for the purposes of a provision of this Act.
(2)If a provision of this Act requires the Minister or Coordinator General to make a document publicly available, the Minister or Coordinator General must comply with that requirement —
(a)if regulations under subsection (1) apply — in accordance with those regulations; or
(b)otherwise — by ensuring that —
(i)the document is published on the Coordinator General’s website; and
(ii)a hard copy of the document is available for inspection, free of charge, during normal business hours at the principal office of the Department or another place approved by the Coordinator General.
(3)This section does not apply to any register kept under regulations made for the purposes of section 29.
(1)The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review —
(a)as soon as practicable after the 5th anniversary of the day on which this section comes into operation; and
(b)after that, at intervals of not more than 5 years.
(2)The obligation under subsection (1) is limited to 3 occasions.
(3)The Minister must cause each report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 5th anniversary or the expiry of the period of 5 years, as the case may be.
The Governor may make regulations prescribing matters —
(a)required or permitted by this Act to be prescribed; or
(b)necessary or convenient for giving effect to the purposes of this Act.
Part 7 — Transitional provisions
(1)In this section —
specified means specified or described in regulations;
transitional matter —
(a)means a matter or issue of a transitional nature that arises as a result of the enactment of this Act or the coming into operation of any provisions of this Act; and
(b)includes a savings or application matter.
(2)Regulations may prescribe anything required, necessary or convenient to be prescribed in relation to a transitional matter.
(3)Without limiting subsection (2), regulations made for the purposes of that subsection may provide that specified provisions of this Act —
(a)do not apply to, or in relation to, a specified matter or thing; or
(b)apply with specified modifications to, or in relation to, a specified matter or thing.
(4)If regulations made for the purposes of subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in accordance with the Interpretation Act 1984 section 41(1)(a) but not earlier than the day on which this section comes into operation, the regulations have effect according to their terms.
(5)If regulations made for the purposes of subsection (2) contain a provision of a kind described in subsection (4), the provision does not operate so as —
(a)to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or
(b)to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.
Division 1 — Constitution Acts Amendment Act 1899 amended
This Division amends the Constitution Acts Amendment Act 1899.
98.Schedule V Part 1 Division 2 amended
In Schedule V Part 1 Division 2 insert in alphabetical order:
Coordinator General appointed under the State Development Act 2025.
Division 2 — Environmental Protection Act 1986 amended
This Division amends the Environmental Protection Act 1986.
At the end of section 5 insert:
Note for this section:
Despite this section, the State Development Act 2025 prevails over this Act to the extent of any inconsistency (see section 6 of that Act).
Division 3 — Infrastructure Western Australia Act 2019 amended
This Division amends the Infrastructure Western Australia Act 2019.
In section 19(5) delete “law.” and insert:
law (other than the State Development Act 2025).
Division 4 — Planning and Development Act 2005 amended
This Division amends the Planning and Development Act 2005.
In section 4(1) insert in alphabetical order:
Coordinator General has the meaning given in the State Development Act 2025 section 4;
State development area has the meaning given in the State Development Act 2025 section 4;
State development area declaration means a State development area declaration in force under the State Development Act 2025 Part 4;
State development area improvement scheme means an improvement scheme the making of which is authorised by a State development area declaration;
State development area plan means a State development area plan in force under the State Development Act 2025 Part 4;
State Development Minister means the Minister to whom the Governor has for the time being committed the administration of the State Development Act 2025;
After section 16(7D) insert:
(7E)The Commission must consult the Coordinator General before delegating under subsection (1) a function of the Commission in relation to a State development area improvement scheme under —
(a)section 122B; or
(b)a provision of Part 5 as applied under section 122B(1); or
(c)a provision of regulations made under section 258 as applied under section 122B(3).
At the end of section 122A(1) insert:
Note for this subsection:
Under the State Development Act 2025 sections 61 and 63 —
(a)a State development area declaration may authorise the making of an improvement scheme; and
(b)a State development area improvement scheme may be prepared and approved under this Act; and
(c)except as otherwise provided in this Act, this Act and other written laws apply to a State development area improvement scheme as if it were an improvement scheme authorised under an improvement plan.
(1)In section 122B(3A) delete “with any affected local government.” and insert:
with —
(a)any affected local government; and
(b)in the case of a State development area improvement scheme or an amendment to a State development area improvement scheme — the State Development Minister.
(2)After section 122B(3B) insert:
(3C)The Minister must not approve a State development area improvement scheme or an amendment to a State development area improvement scheme under section 87 unless the Minister is satisfied that the scheme, or the scheme as amended, is consistent with —
(a)the State development area declaration that authorises the making of the scheme; and
(b)any State development area plan for the relevant State development area.
(3)In section 122B(3) delete “necessary,” and insert:
necessary and any other modifications prescribed by the regulations,
(4)After section 122B(4) insert:
(4A)Before approving an instrument of repeal under subsection (4) in relation to a State development area improvement scheme, the Minister must consult the State Development Minister.
108.Sections 122EA and 122EB inserted
After section 122E insert:
122EA.Amendment of improvement scheme to remove land to which another improvement scheme will apply
(1)This section applies to an amendment to an improvement scheme to remove land (the removed land) from the improvement scheme area if another improvement scheme (the subsequent improvement scheme) is to come into operation in relation to any or all of the removed land immediately after the amendment comes into operation.
(2)Sections 122B(6), 122E(1)(b) and 122G do not apply in relation to the amendment to the extent to which it relates to removed land that is in the improvement scheme area for the subsequent improvement scheme.
122EB.Repeal of improvement scheme if another improvement scheme will apply
(1)This section applies to the repeal of an improvement scheme that applies to land if another improvement scheme (the subsequent improvement scheme) is to come into operation immediately after the repeal in relation to any or all of that land.
(2)Sections 122B(6), 122E(2) and 122G do not apply in relation to the repeal to the extent to which it relates to land that is in the improvement scheme area for the subsequent improvement scheme.
(1)In section 125(1) delete the passage that begins with “local government to” and ends with “region planning scheme.” and insert:
local government, in the time and manner set out in the notice, to —
(a)prepare a local planning scheme, or amend a local planning scheme, to ensure consistency with a region planning scheme, a proposed region planning scheme or a proposed amendment to a region planning scheme; or
(b)amend a local planning scheme to ensure consistency with a State development area plan that applies to any part of the area to which the local planning scheme applies.
(2)In section 125(3) delete “so directs,” and insert:
so directs in relation to a direction given under subsection (1)(a),
Note: The heading to amended section 125 is to read:
Minister may direct local government to prepare or amend local planning scheme to be consistent with region planning scheme or amendment or State development area plan
Delete section 127(1)(a)(i) and (ii) and insert:
(i)in the case of a proposed scheme or amendment prepared under section 124(2) or in accordance with a direction under section 125(1)(a) — is consistent with, and will not impede the implementation of, the region planning scheme; or
(ii)in the case of a proposed amendment prepared in accordance with a direction under section 125(1)(b) — is consistent with, and will not impede the implementation of, the State development area plan;
Note: The heading to amended section 127 is to read:
Minister may direct local government to modify proposed scheme or amendment to be consistent with region planning scheme or State development area plan
After section 138(3)(e) insert:
(ea)in the case of an approval that relates to land in a State development area, the Commission is of the opinion that the approval is consistent with the general intent of —
(i)the State development area declaration; and
(ii)any applicable State development area plan;
or
After section 171M(2) insert:
(2A)Before making a recommendation under subsection (2) in relation to a development application for approval of development in a State development area, the Minister must consult the State Development Minister.
After section 171R(1)(c) insert:
(ca)if —
(i)the application is for approval of development in a State development area; and
(ii)in the opinion of the Commission, the determination is consistent with the general intent of the State development area declaration and any applicable State development area plan;
or
Part 9 — Amendments to this Act linked to commencement of Petroleum Legislation Amendment Act 2024
This Part amends this Act.
In Schedule 1 delete “Petroleum and Geothermal Energy Resources Act 1967” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
In Schedule 1 delete “Petroleum Pipelines Act 1969” and insert:
Petroleum and Greenhouse Gas Pipelines Act 1969
In Schedule 1 delete “Petroleum (Submerged Lands) Act 1982” and insert:
Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982
[s. 4]
Biodiversity Conservation Act 2016
Community Titles Act 2018
Conservation and Land Management Act 1984
Contaminated Sites Act 2003
Country Areas Water Supply Act 1947
Dampier to Bunbury Pipeline Act 1997
Electricity Corporations Act 2005
Electricity Industry Act 2004
Energy Coordination Act 1994
Energy Operators (Powers) Act 1979
Environmental Protection Act 1986
Government Trading Enterprises Act 2023
Heritage Act 2018
Hope Valley‑Wattleup Redevelopment Act 2000
Infrastructure Western Australia Act 2019
Jetties Act 1926
Land Administration Act 1997
Main Roads Act 1930
Marine and Harbours Act 1981
Metropolitan Redevelopment Authority Act 2011
Mining Act 1978
Offshore Minerals Act 2003
Petroleum Act 1936
Petroleum and Greenhouse Gas Pipelines Act 1969
Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
Planning and Development Act 2005
Port Authorities Act 1999
Public Transport Authority Act 2003
Public Works Act 1902
Rights in Water and Irrigation Act 1914
Soil and Land Conservation Act 1945
Strata Titles Act 1985
Swan and Canning Rivers Management Act 2006
Swan Valley Planning Act 2020
Water Agencies (Powers) Act 1984
Water Corporations Act 1995
Water Services Act 2012
Waterways Conservation Act 1976
Western Australian Land Authority Act 1992
[Schedule 1 amended: No. 21 of 2025 s. 115-117.]
This is a compilation of the State Development Act 2025. For provisions that have come into operation see the compilation table.
|
Short title |
Number and year |
Assent |
Commencement |
|
State Development Act 2025 |
21 of 2025 |
19 Dec 2025 |
Pt. 1: 19 Dec 2025 (see s. 2(a)); |
[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, 50(1)
affected public authority4, 60(1) and (2)
approval4
business day4
Commonwealth authority8(1)
compensation period15(2)
Coordinator General4
Department4
designated Act4
designated decision4, 34(2), 41(2)
designated function4, 37(2)
development4
development project4
district4
due regard notice4, 34(1)
electronic means92(1)
enforcement action54(1)
Environmental Protection Authority4
excluded holiday period day90(1)
exempt agency77(1)
Government agreement4
grant4
Heritage Council of Western Australia4
information and consultation notice4, 77(2)
interstate authority8(1)
joint decision notice4, 41(1)
key regulatory authorisation51(1)
land4
local planning scheme4
material amendment4
member of staff4
modification order4, 50(1)
plan area4, 64(1)
Planning Minister4
priority project4
priority project designation notice4, 30(1)
proponent4
public authority4
refund period15(5)
region planning scheme4
relevant Act4, 37(2)
relevant coordination authority4
relevant decision44(1), 45(2)
relevant official86(1)
responsible authority4, 34(2), 37(2), 41(2)
responsible Minister4
reviewer45(1)
review proceedings45(1)
senior executive officer4
specified96(1)
specified period38(1)
State development area4
State development area declaration4, 61(1)
State development area improvement scheme4, 63(5)
State development area instrument74(1)
State development area plan4, 64(1)
State development matter77(1)
State-significant development3(2)
timeframe notice4, 37(1)
transitional matter96(1)
Western Australian Planning Commission4
© 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