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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Planning and Development Amendment
(Metropolitan Region Scheme) Bill 2024
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Term used: Metropolitan Region Scheme 2
Part 2 -- Metropolitan Region Scheme
amended
4. Scheme amended 3
5. Parts I to V replaced 3
6. Forms 1 to 6 deleted 3
7. Scheme Map legend amended 3
8. Effect of amendments 3
Part 3 -- Planning and Development
Act 2005 amended
9. Act amended 5
10. Section 17 amended 5
11. Section 36 amended 5
12. Section 37 amended 5
13. Section 54 amended 6
14. Section 55 amended 6
15. Section 56 amended 6
16. Section 62 amended 7
17. Section 175 amended 7
18. Section 178 amended 8
19. Section 181 amended 8
175--1 page i
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Contents
Part 4 -- Railway (METRONET)
Act 2018 amended
20. Act amended 9
21. Section 5 amended 9
Schedule 1 -- Metropolitan Region
Scheme Parts 1 to 13
Part 1 -- Preliminary
1. Citation 10
2. Application of Scheme 10
3. Contents of Scheme 10
4. Nature of Scheme 10
5. Purposes of Scheme 11
6. Aims of Scheme 11
7. Terms used 12
8. Heritage-protected places 14
Part 2 -- Related policy instruments
Division 1 -- Region planning scheme policies
9. Commission may prepare and resolve to approve
region planning scheme policy 15
10. Procedure for preparing and resolving to approve
region planning scheme policy 15
11. Procedure for amending region planning scheme
policy 17
12. Review of region planning scheme policy 17
13. Revocation of region planning scheme policy 17
Division 2 -- District structure plans
14. Commission may prepare and resolve to approve
district structure plan 18
15. Procedure for preparing and resolving to approve
district structure plan 19
16. Procedure for amending district structure plan 20
17. Review of district structure plan 21
18. Revocation of district structure plan 21
Part 3 -- Reserved lands
19. Reserves 22
20. Purposes of reserves 22
page ii
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Contents
Part 4 -- Zones
21. Zones 23
22. Purposes of zones 23
23. Change of zone by resolution 24
Part 5 -- Special control areas
24. Special control areas 25
Part 6 -- Bush Forever areas
25. Bush Forever areas 25
Part 7 -- Regional infrastructure plan areas
26. Regional infrastructure plan areas 26
Part 8 -- Development of land
27. Requirement for development approval 27
28. Commission may require development of zoned
land to have approval 27
29. Permitted development of reserved land 28
30. Use of reserved land by public authorities 30
31. Continued uses and non-conforming uses 31
32. Changes to non-conforming use 31
33. Part does not apply to particular developments 31
Part 9 -- Applications for development
approval
34. Application under local planning scheme taken to
be application under Scheme 32
35. Applications under Scheme 32
36. Accompanying material 33
37. Action by local government on receipt of
application 35
38. Action by Commission on receipt of application 35
39. Commission may request additional information or
material 36
40. Applicant may agree to or refuse request for
additional information or material 36
41. Advertising of applications 37
42. Refusal in relation to copyrighted material 38
page iii
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Contents
Part 10 -- Dealing with applications for
development approval
Division 1 -- Considerations and consultation
43. Matters to be considered by Commission 38
44. Consultation with other authorities 40
45. Development of land affecting Swan and Canning
Rivers development control area 41
Division 2 -- Determinations
46. Earliest Commission may determine application 43
47. Latest Commission must determine applications 43
48. Determination of applications 44
49. Form and date of determination 44
50. Term of development approval 44
51. Temporary development approval 45
52. Scope of development approval 45
53. Approval subject to later approval of details 45
54. Determination of applications in relation to zoned
land if power delegated to local government 46
55. Amending or cancelling development approval 46
Division 3 -- Review
56. Review of determinations 47
Part 11 -- Exemptions from planning
requirements for state of emergency
57. Minister may issue notice of exemption from
planning requirements if state of emergency
declaration in force 48
58. Process for issuing notice under cl. 57 49
59. Coming into effect and cessation of notices and
exemptions under cl. 57 50
Part 12 -- Administration
60. Compensation 51
61. Power to enter into agreements 51
62. Environmental conditions 51
63. Certificates 51
64. Approved forms must be published on website 52
Part 13 -- Transitional provisions
65. Terms used 52
66. Existing lawful works 52
page iv
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Contents
67. Existing development approvals 52
68. Existing applications for development approval:
applications with Commission 53
69. Existing applications for development approval:
applications with local government 53
70. Particular existing documents taken to be district
structure plans 53
71. Modified application of cl. 15 if plan adopted by
Commission during relevant period 54
72. Alternative procedure for approving district
structure plans during relevant period 54
73. References to parks and recreation and restricted
public access 55
page v
Western Australia
LEGISLATIVE ASSEMBLY
Planning and Development Amendment
(Metropolitan Region Scheme) Bill 2024
A Bill for
An Act to amend the Metropolitan Region Scheme, the Planning and
Development Act 2005 and the Railway (METRONET) Act 2018.
The Parliament of Western Australia enacts as follows:
page 1
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Planning and Development Amendment
4 (Metropolitan Region Scheme) Act 2024.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation.
10 3. Term used: Metropolitan Region Scheme
11 In this Act --
12 Metropolitan Region Scheme has the meaning given in the
13 Planning and Development Act 2005 section 4(1).
page 2
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme amended Part 2
s. 4
1 Part 2 -- Metropolitan Region Scheme amended
2 4. Scheme amended
3 This Part amends the Metropolitan Region Scheme.
4 5. Parts I to V replaced
5 Delete Parts I to V and insert the text contained in Schedule 1.
6 6. Forms 1 to 6 deleted
7 Delete Forms 1 to 6.
8 7. Scheme Map legend amended
9 In the legend to the Scheme Map:
10 (a) under the heading "Reserved lands":
11 (i) delete "Parks and recreation" and insert:
12
13 Regional Open Space
14
15 (ii) delete "Restricted public access" and insert:
16
17 Regional Open Space -- Restricted public access
18
19 (b) delete the heading "Notice of delegation" and insert:
20
21 Other
22
23 (c) delete the heading "Redevelopment schemes".
24 8. Effect of amendments
25 (1) In this section --
26 amend, the Metropolitan Region Scheme, includes delete,
27 without substitution, a provision of the Scheme;
page 3
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Part 2 Metropolitan Region Scheme amended
s. 8
1 amendments, to the Metropolitan Region Scheme, includes
2 deletions, without substitution, of provisions of the Scheme.
3 (2) The amendments to the Metropolitan Region Scheme effected
4 by this Part have effect as though the amendments were enacted
5 under the Planning and Development Act 2005.
6 (3) Nothing in this Part affects the operation of the Planning and
7 Development Act 2005 with respect to amendments to the
8 Metropolitan Region Scheme as amended by this Part.
page 4
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Planning and Development Act 2005 amended Part 3
s. 9
1 Part 3 -- Planning and Development Act 2005 amended
2 9. Act amended
3 This Part amends the Planning and Development Act 2005.
4 10. Section 17 amended
5 In section 17(7) after "under" insert:
6
7 the Metropolitan Region Scheme or
8
9 11. Section 36 amended
10 Delete section 36(a)(ii) and (iii) and insert:
11
12 (ii) clause 33 or 45 of the Metropolitan
13 Region Scheme as in force immediately
14 after the Planning and Development
15 Amendment (Metropolitan Region
16 Scheme) Act 2024 section 5 comes into
17 operation;
18
19 12. Section 37 amended
20 In section 37(2)(b) delete "the Gazette." and insert:
21
22 accordance with the Interpretation Act 1984 section 41(1)(a).
23
page 5
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Part 3 Planning and Development Act 2005 amended
s. 13
1 13. Section 54 amended
2 In section 54(a) delete "the Gazette; and" and insert:
3
4 accordance with the Interpretation Act 1984 section 41(1)(a);
5 and
6
7 14. Section 55 amended
8 (1) In section 55(2) and (3) delete "the Gazette," and insert:
9
10 accordance with the Interpretation Act 1984 section 41(1)(a),
11
12 (2) In section 55(4) delete "the Gazette" and insert:
13
14 accordance with the Interpretation Act 1984 section 41(1)(a)
15
16 (3) In section 55(4)(b) and (5)(b) delete "the Gazette." and insert:
17
18 accordance with the Interpretation Act 1984 section 41(1)(a).
19
20 15. Section 56 amended
21 (1) In section 56(1) delete "the Gazette." and insert:
22
23 accordance with the Interpretation Act 1984 section 41(1)(a).
24
25 (2) In section 56(4) delete "the Gazette" and insert:
26
27 accordance with the Interpretation Act 1984 section 41(1)(a)
28
page 6
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Planning and Development Act 2005 amended Part 3
s. 16
1 16. Section 62 amended
2 In section 62(2)(a) delete "the Gazette; and" and insert:
3
4 accordance with the Interpretation Act 1984 section 41(1)(a);
5 and
6
7 17. Section 175 amended
8 After section 175(2) insert:
9
10 (2A) When land is alleged to be injuriously affected by the
11 amendment of the Metropolitan Region Scheme by the
12 amendment Act, no compensation is payable in respect
13 of the injurious affection if or so far as the relevant
14 provisions of the Metropolitan Region Scheme were
15 also contained in a relevant planning scheme that
16 applied in the metropolitan region before
17 commencement day.
18 (2B) In subsection (2A) --
19 amendment, of the Metropolitan Region Scheme,
20 includes deletion, without substitution, of a provision
21 of the Scheme;
22 amendment Act means the Planning and Development
23 Amendment (Metropolitan Region Scheme) Act 2024;
24 commencement day means the day on which
25 section 17 of the amendment Act comes into operation;
26 relevant planning scheme means --
27 (a) the Metropolitan Region Scheme as in force
28 immediately before commencement day; or
29 (b) a local planning scheme that applies to land in
30 the metropolitan region immediately before
31 commencement day; or
page 7
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Part 3 Planning and Development Act 2005 amended
s. 18
1 (c) an improvement scheme that applies to land in
2 the metropolitan region immediately before
3 commencement day.
4 18. Section 178 amended
5 In section 178(2) delete the passage that begins with "notice"
6 and continues to the end of the subsection and insert:
7
8 the scheme or amendment takes effect.
9
10 19. Section 181 amended
11 After section 181(16A) insert:
12
13 (16B) The reference in subsection (1)(b) to the planning
14 scheme being amended or revoked includes, in relation
15 to land in the metropolitan region for which
16 compensation for injurious affection was paid before
17 commencement day --
18 (a) a reference to the Metropolitan Region Scheme
19 being amended by the amendment Act; and
20 (b) a reference to the making of a subsequent
21 Metropolitan Region Scheme or the amendment
22 of the Metropolitan Region Scheme.
23 (16C) In subsection (16B) --
24 amend, the Metropolitan Region Scheme, includes
25 delete, without substitution, a provision of the Scheme;
26 amendment Act means the Planning and Development
27 Amendment (Metropolitan Region Scheme) Act 2024;
28 commencement day means the day on which
29 section 19 of the amendment Act comes into operation.
30
page 8
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Railway (METRONET) Act 2018 amended Part 4
s. 20
1 Part 4 -- Railway (METRONET) Act 2018 amended
2 20. Act amended
3 This Part amends the Railway (METRONET) Act 2018.
4 21. Section 5 amended
5 In section 5:
6 (a) in the definition of Bush Forever area delete
7 "clause 28A(1);" and insert:
8
9 clause 25(1);
10
11 (b) in the definition of non-railway land paragraph (a)
12 delete "Part II" and insert:
13
14 Part 3
15
16 (c) in the definition of non-railway land paragraph (b)
17 delete "Part III;" and insert:
18
19 Part 4;
20
21 (d) in the definition of railway land delete "Part II" and
22 insert:
23
24 Part 3
25
page 9
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 1 Preliminary
cl. 1
1 Schedule 1 -- Metropolitan Region Scheme Parts 1 to 13
2 [s. 5]
3 Part 1 -- Preliminary
4 1. Citation
5 This region planning scheme is the Metropolitan Region Scheme.
6 2. Application of Scheme
7 (1) This Scheme applies to all land in the metropolitan region.
8 (2) Subclause (1) applies subject to the Swan Valley Planning Act 2020
9 section 9.
10 Note for this clause:
11 This Scheme and the Peel Region Scheme cover areas that are
12 contiguous. Some strategic planning documents such as the
13 Perth-Peel sub-regional strategy apply to
14 both scheme areas.
15 3. Contents of Scheme
16 This Scheme comprises --
17 (a) the provisions of the Scheme; and
18 (b) the Scheme Map (sheets 1 to 38); and
19 (c) all other maps, plans, specifications and other particulars
20 contained in the Scheme.
21 4. Nature of Scheme
22 (1) Although this Scheme and a local planning scheme may cover the
23 same area of land, this Scheme and the local planning scheme have
24 different roles in relation to development of the land.
25 (2) This Scheme is focused on matters of State and regional importance
26 and guides overall planning and development in the metropolitan
27 region.
page 10
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Preliminary Part 1
cl. 5
1 Note for this clause:
2 Under section 124(1) of the Act, if this Scheme is inconsistent with a
3 local planning scheme, this Scheme prevails over the local planning
4 scheme to the extent of the inconsistency.
5 5. Purposes of Scheme
6 The purposes of this Scheme are to --
7 (a) reserve and protect land for regional transport, infrastructure,
8 conservation, recreation, cultural and public purposes; and
9 (b) zone land for living, working and rural land uses; and
10 (c) provide a mechanism for certain development of regional
11 significance, and development in areas of regional
12 significance, to be considered and approved by the
13 Commission; and
14 (d) identify and protect land having strategic importance for
15 industrial and future urban use; and
16 (e) set out procedures for the assessment and determination of
17 applications for development approval under this Scheme;
18 and
19 (f) contribute to the implementation of the State's planning laws
20 and policies by providing for assessment and determination
21 of applications for development approval under this Scheme;
22 and
23 (g) provide for the strategic direction of planning and
24 development in the metropolitan region by allowing for the
25 making of particular planning instruments by the
26 Commission; and
27 (h) provide for the administration of this Scheme.
28 6. Aims of Scheme
29 The aims of this Scheme are to --
30 (a) promote the sustainable development of land having regard to
31 relevant environmental, social, economic and cultural factors;
32 and
page 11
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 1 Preliminary
cl. 7
1 (b) provide for regional transportation, community services and
2 infrastructure in a way that is efficient, equitable and timely;
3 and
4 (c) protect as regional open space the metropolitan region's
5 riverine and coastal foreshores and other areas of regional
6 conservation significance; and
7 (d) provide areas for regional recreational facilities; and
8 (e) protect surface water catchments and groundwater areas for
9 future water supplies; and
10 (f) protect areas of environmental significance; and
11 (g) provide for industrial development in planned estates where
12 land use conflicts and environmental impacts will be
13 minimised and efficient production facilitated; and
14 (h) provide for future urban development and prevent works that
15 may jeopardise that development; and
16 (i) protect strategic agricultural land considered to be of State or
17 regional importance; and
18 (j) protect strategic minerals and basic raw materials of State and
19 regional importance and provide for the efficient and timely
20 extraction of minerals and raw materials and subsequent
21 rehabilitation of affected land.
22 7. Terms used
23 In this Scheme --
24 Bush Forever area means an area identified under clause 25(1);
25 commencement day means the day on which the Planning and
26 Development Amendment (Metropolitan Region Scheme) Act 2024
27 section 5 comes into operation;
28 Commission website means a website maintained by or on behalf of
29 the Commission;
30 development approval under this Scheme means approval by the
31 Commission under Part 10;
32 district structure plan has the meaning given in clause 14(1);
page 12
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Preliminary Part 1
cl. 7
1 heritage-protected place has the meaning given in clause 8;
2 local government means a local government of a district in the
3 metropolitan region;
4 non-conforming use means a use of land which, though lawful
5 immediately before commencement day, is not in conformity with a
6 provision of this Scheme;
7 owner, in relation to land, means --
8 (a) if the land is freehold land --
9 (i) a person whose name is registered as a proprietor of
10 the land; or
11 (ii) the State, if registered as a proprietor of the land; or
12 (iii) a person who holds an interest as purchaser under a
13 contract to purchase an estate in fee simple in the
14 land; or
15 (iv) a person who is the holder of a freehold interest in
16 land vested in an executor or administrator under the
17 Administration Act 1903 section 8;
18 and
19 (b) if the land is Crown land --
20 (i) the State; or
21 (ii) a person who holds an interest as purchaser under a
22 contract to purchase an estate in fee simple in the
23 land;
24 plan area, in relation to a district structure plan, means the area of
25 land covered by the plan;
26 region planning scheme policy has the meaning given in clause 9(1);
27 reserved land means land reserved under this Scheme for a public
28 purpose;
29 Swan Canning development control area has the meaning given in
30 clause 45(1);
31 zoned land means land zoned under this Scheme.
page 13
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 1 Preliminary
cl. 8
1 8. Heritage-protected places
2 (1) A heritage-protected place is a place --
3 (a) that is entered in the State Register of Heritage Places under
4 the Heritage Act 2018 section 42; or
5 (b) that is under consideration for entry into the State Register of
6 Heritage Places as described in subclause (2); or
7 (c) that is the subject of an order under the Heritage Act 2018
8 Part 4; or
9 (d) that is the subject of a heritage agreement that has been
10 certified under the Heritage Act 2018 section 90; or
11 (e) that is included on a heritage list established under the
12 Planning and Development (Local Planning Schemes)
13 Regulations 2015 Schedule 2 clause 8(1) as that clause has
14 effect as part of a local planning scheme of a local
15 government; or
16 (f) that is within a heritage area designated under the Planning
17 and Development (Local Planning Schemes)
18 Regulations 2015 Schedule 2 clause 9 as that clause has
19 effect as part of a local planning scheme of a local
20 government.
21 (2) For the purposes of subclause (1)(b), a place is under consideration
22 for entry into the State Register of Heritage Places if --
23 (a) the Heritage Council has made a preliminary determination
24 under the Heritage Act 2018 section 39(2) that the place
25 warrants review under section 40(1) of that Act but the
26 review has not commenced; or
27 (b) the Heritage Council has commenced but has not completed a
28 review of the place under the Heritage Act 2018
29 section 40(1); or
30 (c) the Heritage Council has made a recommendation under the
31 Heritage Act 2018 section 40(2) that the place be entered in
32 the State Register of Heritage Places but the Minister for
33 Heritage has not yet given a direction under section 41(1) of
34 that Act in relation to that recommendation.
page 14
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Related policy instruments Part 2
cl. 9
1 Part 2 -- Related policy instruments
2 Division 1 -- Region planning scheme policies
3 9. Commission may prepare and resolve to approve region planning
4 scheme policy
5 (1) The Commission may prepare and resolve to approve a policy (a
6 region planning scheme policy) in respect of any matter related to the
7 planning and development of the metropolitan region.
8 (2) A region planning scheme policy may apply --
9 (a) generally or in respect of a particular class or classes of
10 matter specified in the policy; and
11 (b) to the whole of the metropolitan region or to part or parts of
12 the region specified in the policy.
13 10. Procedure for preparing and resolving to approve region
14 planning scheme policy
15 (1) Before resolving to approve a region planning scheme policy the
16 Commission must --
17 (a) prepare the proposed policy; and
18 (b) give the proposed policy to each local government in the
19 district of which the policy will apply and consult with those
20 local governments; and
21 (c) publish the proposed policy on the Commission website, or
22 another place chosen by resolution by the Commission, for a
23 period of at least 28 days or another period chosen by
24 resolution by the Commission; and
25 (d) give notice on the Commission website of the following --
26 (i) the manner and form in which submissions may be
27 made;
28 (ii) the period for making submissions and the last day of
29 that period;
30 (iii) any other matter in relation to the proposed policy the
31 Commission considers appropriate;
32 and
page 15
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 2 Related policy instruments
cl. 10
1 (e) give notice of the proposed policy in any other way and carry
2 out any other consultation the Commission considers
3 appropriate.
4 (2) The period mentioned in subclause (1)(d)(ii) must be the same as the
5 period for which the proposed policy is published under
6 subclause (1)(c).
7 (3) After the expiry of the period for making submissions, the
8 Commission --
9 (a) must consider all submissions made to the Commission on
10 the proposed policy --
11 (i) during the period for making submissions; and
12 (ii) in accordance with the requirements referred to in
13 subclause (1)(d)(i);
14 and
15 (b) may, if the Commission considers it appropriate to do so,
16 consider a submission --
17 (i) that is made during the period for making
18 submissions; but
19 (ii) that the Commission is not required to consider under
20 paragraph (a) because of paragraph (a)(ii);
21 and
22 (c) must review the proposed policy; and
23 (d) must resolve to --
24 (i) approve the proposed policy without modification; or
25 (ii) approve the proposed policy with modification,
26 whether or not the modification is as a result of a
27 submission; or
28 (iii) not approve the proposed policy.
29 (4) If the Commission resolves to approve the proposed policy, the
30 Commission must publish the policy as approved on the Commission
31 website.
32 (5) The region planning scheme policy takes effect on the day after the
33 day on which the policy is published under subclause (4).
page 16
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Related policy instruments Part 2
cl. 11
1 11. Procedure for amending region planning scheme policy
2 (1) The Commission may prepare and resolve to approve an amendment
3 to a region planning scheme policy --
4 (a) as if clause 10(1) to (3), with any necessary changes, applied
5 to the amendment; or
6 (b) in any other way the Commission considers appropriate.
7 (2) If the Commission resolves to approve an amendment to a region
8 planning scheme policy, the Commission must publish the
9 amendment as approved on the Commission website.
10 (3) An amendment to a region planning scheme policy takes effect on the
11 day after the day on which the amendment is published under
12 subclause (2).
13 (4) The Commission must maintain and publish on the Commission
14 website an up-to-date version of each region planning scheme policy
15 that is in force, consolidated to include any amendments to the policy.
16 12. Review of region planning scheme policy
17 (1) The Commission must review the operation and effectiveness of a
18 region planning scheme policy that is in force within 6 months after
19 an anniversary referred to in subclause (2).
20 (2) The anniversaries are the 10th anniversary of the day on which the
21 region planning scheme policy first takes effect, the 20th anniversary
22 of that day, the 30th anniversary of that day and so on.
23 13. Revocation of region planning scheme policy
24 (1) A region planning scheme policy may be revoked --
25 (a) by a subsequent region planning scheme policy that --
26 (i) is prepared in accordance with this Division; and
27 (ii) expressly revokes the policy;
28 or
page 17
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 2 Related policy instruments
cl. 14
1 (b) by a notice of revocation --
2 (i) prepared by the Commission; and
3 (ii) published by the Commission on the Commission
4 website.
5 (2) A revocation under subclause (1)(b) does not take effect until the
6 notice of revocation has been published on the Commission website
7 for a period of 21 days.
8 Division 2 -- District structure plans
9 14. Commission may prepare and resolve to approve district
10 structure plan
11 (1) The Commission may prepare and resolve to approve a plan (a district
12 structure plan) that deals broadly with major strategic aspects of the
13 coordination of future land uses and infrastructure in respect of an
14 area of land in the metropolitan region.
15 (2) A district structure plan may include --
16 (a) the key attributes and constraints of the plan area, including
17 the natural environment, landform and topography of the plan
18 area; and
19 (b) the planning context for --
20 (i) areas surrounding the plan area, including, for
21 example, whether surrounding areas are flood or fire
22 prone or contain an airport; and
23 (ii) the plan area; and
24 (iii) the metropolitan region;
25 and
26 (c) any major land uses, zoning or reserves proposed by the plan;
27 and
28 (d) the population impacts that are expected to result from the
29 implementation of the plan; and
30 (e) the extent to which the plan provides for the coordination of
31 key transport and other infrastructure; and
page 18
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Related policy instruments Part 2
cl. 15
1 (f) the proposed staging of the subdivision, if any, covered by
2 the plan; and
3 (g) other significant details in the plan area, including, for
4 example, major roads, drainage and infrastructure; and
5 (h) any maps, information or other material considered relevant
6 by the Commission.
7 (3) A proposal in a district structure plan that land be zoned or reserved
8 as referred to in subclause (2)(c) does not operate to zone or reserve
9 the land.
10 15. Procedure for preparing and resolving to approve district
11 structure plan
12 (1) Before resolving to approve a district structure plan the Commission
13 must --
14 (a) prepare the proposed plan; and
15 (b) give the proposed plan to each local government in the
16 district of which the plan will apply and consult with those
17 local governments; and
18 (c) publish the proposed plan on the Commission website for a
19 period of at least 42 days; and
20 (d) give notice on the Commission website of the following --
21 (i) the manner and form in which submissions may be
22 made;
23 (ii) the period for making submissions and the last day of
24 that period;
25 (iii) any other matter in relation to the proposed plan the
26 Commission considers appropriate;
27 and
28 (e) give notice of the proposed plan in any other way and carry
29 out any other consultation the Commission considers
30 appropriate.
31 (2) The period mentioned in subclause (1)(d)(ii) must be the same as the
32 period for which the proposed plan is published on the Commission
33 website under subclause (1)(c).
page 19
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 2 Related policy instruments
cl. 16
1 (3) After the expiry of the period for making submissions, the
2 Commission --
3 (a) must consider all submissions made to the Commission on
4 the proposed plan --
5 (i) during the period for making submissions; and
6 (ii) in accordance with the requirements referred to in
7 subclause (1)(d)(i);
8 and
9 (b) may, if the Commission considers it appropriate to do so,
10 consider a submission --
11 (i) that is made during the period for making
12 submissions; but
13 (ii) that the Commission is not required to consider under
14 paragraph (a) because of paragraph (a)(ii);
15 and
16 (c) must review the proposed plan; and
17 (d) must resolve to --
18 (i) approve the proposed plan without modification; or
19 (ii) approve the proposed plan with modification,
20 whether or not the modification is as a result of a
21 submission; or
22 (iii) not approve the proposed plan.
23 (4) If the Commission resolves to approve the proposed plan, the
24 Commission must publish the plan as approved on the Commission
25 website.
26 (5) The district structure plan takes effect on the day after the day on
27 which the plan is published under subclause (4).
28 16. Procedure for amending district structure plan
29 (1) The Commission may prepare and resolve to approve an amendment
30 to a district structure plan --
31 (a) as if clause 15(1) to (3), with any necessary changes, applied
32 to the amendment; or
33 (b) in any other way the Commission considers appropriate.
page 20
Planning and Development Amendment (Metropolitan Region Scheme)
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Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Related policy instruments Part 2
cl. 17
1 (2) If the Commission resolves to approve an amendment to a district
2 structure plan, the Commission must publish the amendment as
3 approved on the Commission website.
4 (3) An amendment to a district structure plan takes effect on the day after
5 the day on which the amendment is published under subclause (2).
6 (4) The Commission must maintain and publish on the Commission
7 website an up-to-date version of each district structure plan that is in
8 force, consolidated to include any amendments to the plan.
9 17. Review of district structure plan
10 (1) The Commission must review the operation and effectiveness of a
11 district structure plan that is in force within 6 months after an
12 anniversary referred to in subclause (2).
13 (2) The anniversaries are the 10th anniversary of the day on which the
14 district structure plan first takes effect, the 20th anniversary of that
15 day, the 30th anniversary of that day and so on.
16 18. Revocation of district structure plan
17 (1) A district structure plan may be revoked --
18 (a) by a subsequent district structure plan that --
19 (i) is prepared in accordance with this Division; and
20 (ii) expressly revokes the plan;
21 or
22 (b) by a notice of revocation --
23 (i) prepared by the Commission; and
24 (ii) published by the Commission on the Commission
25 website.
26 (2) A revocation under subclause (1)(b) does not take effect until the
27 notice of revocation has been published on the Commission website
28 for a period of 21 days.
page 21
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 3 Reserved lands
cl. 19
1 Part 3 -- Reserved lands
2 19. Reserves
3 The lands shown as reserved lands on the Scheme Map are reserved
4 under this Scheme for the public purposes shown on the Scheme Map.
5 20. Purposes of reserves
6 Land is reserved under this Scheme for the following public
7 purposes --
8 (a) regional open space -- to protect the natural environment,
9 provide recreational and cultural opportunities, safeguard
10 important landscapes and sites of cultural or historical
11 significance and provide for public access;
12 (b) regional open space -- restricted public access -- to protect
13 the natural environment, provide recreational and cultural
14 opportunities, safeguard important landscapes and sites of
15 cultural or historical significance with limited or no public
16 access;
17 (c) primary regional roads -- to provide a regional road network
18 to accommodate current and future transport needs on roads
19 declared under the Main Roads Act 1930;
20 (d) other regional roads -- to provide a regional road network to
21 accommodate current and future transport needs on roads for
22 which the planning responsibilities are shared between the
23 Commission and local government;
24 (e) railways -- to provide for the passage of trains, the
25 marshalling, maintenance and storage of rolling stock, and
26 the conveying of the public and freight by rail;
27 (f) port installations -- to provide for current and future
28 expansion needs;
29 (g) waterways -- to recognise coastal and inland waterways and
30 lakes, provide for navigation in, and public access to, those
31 waterways and lakes where appropriate, and to protect
32 environmental, landscape and cultural values;
page 22
Planning and Development Amendment (Metropolitan Region Scheme)
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Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Zones Part 4
cl. 21
1 (h) water catchments -- to protect water sources from
2 contamination;
3 (i) State forests -- to recognise State forests;
4 (j) civic and cultural -- to preserve and protect significant civic
5 precincts and buildings;
6 (k) public purposes -- to provide for other public purposes as
7 denoted on the Scheme Map.
8 Part 4 -- Zones
9 21. Zones
10 (1) Parts of the metropolitan region are classified into the zones shown on
11 the Scheme Map.
12 (2) The zones are delineated and depicted on the Scheme Map according
13 to the legend on the Scheme Map.
14 22. Purposes of zones
15 Land is classified into zones under this Scheme for the following
16 purposes --
17 (a) urban -- to provide for residential development and
18 associated local employment, recreation and open space,
19 shopping, schools and other community facilities;
20 (b) urban deferred -- to provide for land suitable for future urban
21 development but where there are various planning, servicing
22 and environmental requirements that need to be addressed
23 before urban development can take place;
24 (c) central city area -- to provide for areas where commercial,
25 civic, cultural, residential, service and administration serving
26 the metropolitan region are located;
27 (d) industrial -- to provide for manufacturing industry, the
28 storage and distribution of goods and associated uses;
29 (e) special industrial -- to provide for industry of State, regional,
30 or strategic importance;
31 (f) industrial deferred -- to provide for land suitable for future
32 industrial development but where there are various planning,
page 23
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 4 Zones
cl. 23
1 servicing and environmental requirements that need to be
2 addressed before industrial development can take place;
3 (g) rural --
4 (i) to provide for the sustainable use of land for
5 agriculture; and
6 (ii) to assist in the conservation and wise use of natural
7 resources, including water, flora, fauna and minerals;
8 and
9 (iii) to provide a distinctive rural landscape setting for
10 urban areas; and
11 (iv) to accommodate carefully planned rural living
12 developments; and
13 (v) to accommodate tourism in keeping with rural
14 character, including, for example, farm stay
15 accommodation, breweries and wineries;
16 (h) rural -- water protection -- to control land use over public
17 groundwater supplies to avoid contamination;
18 (i) private recreation -- to accommodate regionally significant
19 open space and recreational activities in private use.
20 23. Change of zone by resolution
21 (1) The Commission may by resolution transfer land --
22 (a) from the urban deferred zone to the urban zone; or
23 (b) from the industrial deferred zone to the industrial zone.
24 (2) A resolution under subclause (1) takes effect --
25 (a) on the day (publication day) on which notification of the
26 resolution is published in the Gazette; or
27 (b) on a day after publication day that is specified in the
28 resolution.
29 (3) A transfer of land under this clause must be reflected on the Scheme
30 Map from the day the resolution to transfer the land takes effect.
page 24
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Special control areas Part 5
cl. 24
1 Part 5 -- Special control areas
2 24. Special control areas
3 (1) Special control areas are marked on the Scheme Map according to the
4 legend on the Scheme Map.
5 (2) The purpose, objectives and additional provisions that apply to each
6 special control area are set out in the Table.
7 Table
8 Special control areas in Scheme area
Name of Additional
Purpose Objectives
area provisions
9 (3) The provisions of this Part applying to the special control areas apply
10 in addition to the provisions of this Scheme applying to any
11 underlying zone or reserve and any general provision of the Scheme.
12 Note for this clause:
13 On commencement day there are no special control areas on the
14 Scheme Map. This clause will be amended as special control areas
15 are established.
16 Part 6 -- Bush Forever areas
17 25. Bush Forever areas
18 (1) Land is identified as a Bush Forever area in the manner described in
19 column 1 of the Table.
20 Table
21 Bush Forever area in Scheme area
Column 1 Column 2
Legend on Scheme map Area
All land hatched Bush Forever area
page 25
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 7 Regional infrastructure plan areas
cl. 26
1 (2) The identification of an area as a Bush Forever area --
2 (a) operates in addition to --
3 (i) the provisions of this Scheme applying to any
4 underlying zone or reserve; and
5 (ii) any general provisions of this Scheme;
6 and
7 (b) does not operate to zone or reserve that area.
8 Part 7 -- Regional infrastructure plan areas
9 26. Regional infrastructure plan areas
10 (1) Regional infrastructure plan areas are marked on the Scheme Map
11 according to the legend on the Scheme Map.
12 (2) The purpose, objectives and additional provisions that apply to each
13 regional infrastructure plan area are set out in the Table.
14 Table
15 Regional infrastructure plan areas in Scheme area
Name of Additional
Purpose Objectives
area provisions
16 (3) The provisions of this Part applying to regional infrastructure plan
17 areas apply in addition to the provisions of this Scheme applying to
18 any underlying zone or reserve and any general provision of the
19 Scheme.
20 Note for this clause:
21 On commencement day there are no regional infrastructure plan areas
22 on the Scheme Map. This clause will be amended as regional
23 infrastructure plan areas are established.
page 26
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Development of land Part 8
cl. 27
1 Part 8 -- Development of land
2 27. Requirement for development approval
3 (1) A person must not commence or carry out development of --
4 (a) reserved land; or
5 (b) zoned land specified in a resolution by the Commission under
6 clause 28(1); or
7 (c) zoned land that is --
8 (i) land comprised in a lot any part of which (but not all
9 of which) is within the Swan Canning development
10 control area; or
11 (ii) land (including water) that abuts the Swan Canning
12 development control area;
13 or
14 (d) land for which Part 5 states development approval under this
15 Scheme must be obtained.
16 (2) Subclause (1) does not apply if the person has obtained development
17 approval under this Scheme for the development.
18 (3) Also, subclause (1)(a) and (b) do not apply if this Part provides that
19 the development does not require development approval under this
20 Scheme.
21 Notes for this clause:
22 1. Planning approval for development in a planning control area must be
23 obtained under the Planning and Development Act 2005 Part 7.
24 2. Other approval to commence or carry out development may be
25 required by a local planning scheme or other instrument.
26 28. Commission may require development of zoned land to have
27 approval
28 (1) The Commission may by resolution require development of zoned
29 land to have development approval under this Scheme before it is
30 commenced or carried out.
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Planning and Development Amendment (Metropolitan Region Scheme)
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Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 8 Development of land
cl. 29
1 (2) The resolution may be made so as to apply to --
2 (a) all land, or a specified area of land, zoned under this Scheme;
3 or
4 (b) all development or classes of development or a specified
5 development or class of development of land zoned under this
6 Scheme.
7 (3) Notice of the resolution must, as soon as practicable after it is made,
8 be --
9 (a) published in the Gazette; and
10 (b) served on each local government.
11 29. Permitted development of reserved land
12 (1) The following development of reserved land does not require
13 development approval under this Scheme --
14 (a) the erection, construction, maintenance, improvement or
15 alteration of a boundary fence or wall or other means of
16 boundary enclosure;
17 (b) building or work that affects only the interior of a building
18 and does not materially affect the external appearance of the
19 building;
20 (c) the demolition of a building or structure;
21 (d) the erection of a sign that --
22 (i) relates to the functions of a public authority or local
23 government (other than signs of a promotional
24 nature) and is constructed or exhibited by, or on
25 behalf of, the public authority or local government; or
26 (ii) is required for the management or control of traffic
27 on a public road, carpark, cycleway, railway or
28 waterway and is constructed or exhibited by or on
29 behalf of a public authority or local government; or
30 (iii) is required to be exhibited under a written law;
31 (e) the erection, construction, maintenance, improvement or
32 alteration of a jetty or associated structure (including a boat
page 28
Planning and Development Amendment (Metropolitan Region Scheme)
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Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Development of land Part 8
cl. 29
1 lifting device or mooring pile) within an artificial waterway
2 except if the jetty or associated structure --
3 (i) does not comply with a policy in regard to such
4 structures that is adopted by the relevant local
5 government; or
6 (ii) is situated on a regionally significant waterway
7 identified by resolution of the Commission for the
8 purposes of this provision;
9 (f) works on reserved land owned by or vested in a public
10 authority that are --
11 (i) works on land reserved for primary regional roads or
12 other regional roads for the purpose of or in
13 connection with a road as defined in the Main Roads
14 Act 1930 section 6; or
15 (ii) works on land reserved for port installations for the
16 purpose of or in connection with a port; or
17 (iii) works for the purpose of, or in connection with, the
18 supply of water or wastewater services, electricity or
19 gas, the drainage of surplus water or the treatment of
20 water, wastewater or surplus water; or
21 (iv) works on land reserved for railways, primary regional
22 roads or other regional roads for the purpose of or in
23 connection with a railway, other than the construction
24 or alteration of a railway station or any related
25 carparks, public transport interchange facilities or
26 associated means of pedestrian or vehicular access; or
27 (v) works on reserved land if the works are in accordance
28 with a management plan endorsed by the
29 Commission; or
30 (vi) works on land reserved for public purposes -- high
31 school for the purpose of or incidental to a high
32 school; or
33 (vii) operational works on land reserved for State forests
34 for the purpose of or incidental to a State forest; or
35 (viii) works that a public authority is expressly authorised
36 under an Act to commence or carry out without the
37 approval of the Commission;
page 29
Planning and Development Amendment (Metropolitan Region Scheme)
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Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 8 Development of land
cl. 30
1 (g) development that the Commission by resolution, notice of
2 which is published in the Gazette, declares to be development
3 that does not require development approval under this
4 Scheme.
5 (2) In subclause (1) --
6 reserved land owned by or vested in a public authority includes
7 reserved land in relation to which a public authority has an easement,
8 right of way, right of occupation or any other interest, right, privilege
9 or concession.
10 (3) Subclause (1)(a), (d), (e) and (g) apply regardless of whether the land
11 is located in a heritage-protected place.
12 (4) Subclause (1)(b), (c) and (f)(i) to (vii) do not apply if the land is
13 located in a heritage-protected place.
14 (5) Subclause (1)(g) does not apply to development of --
15 (a) land comprised in a lot any part of which (but not all of
16 which) is within the Swan Canning development control area;
17 or
18 (b) land (including water) that abuts the Swan Canning
19 development control area.
20 (6) Subclause (1) does not authorise development of land that involves --
21 (a) the clearing of native vegetation in a Bush Forever area; or
22 (b) direct drainage into a Bush Forever area.
23 30. Use of reserved land by public authorities
24 (1) Without limiting clause 29, reserved land may be used by a public
25 authority without development approval under this Scheme if the land
26 is used --
27 (a) for the purpose for which it is reserved under this Scheme; or
28 (b) for any purpose for which the land may be lawfully used by
29 the public authority.
30 (2) Subclause (1) does not authorise use of land that involves --
31 (a) the clearing of native vegetation in a Bush Forever area; or
32 (b) direct drainage into a Bush Forever area.
page 30
Planning and Development Amendment (Metropolitan Region Scheme)
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Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Development of land Part 8
cl. 31
1 31. Continued uses and non-conforming uses
2 (1) This Scheme does not prevent the continued use of any land, or any
3 structure or building on land, for the purpose for which it was being
4 lawfully used immediately before commencement day.
5 (2) Subclause (1) does not apply if --
6 (a) the use of land is a non-conforming use; and
7 (b) the non-conforming use of the land is discontinued; and
8 (c) a period of 6 months, or a longer period approved by the
9 Commission, has elapsed since the discontinuation of the
10 non-conforming use.
11 (3) Also, subclause (1) does not apply in respect of a non-conforming use
12 of land if, under Part 11 of the Act, the Commission --
13 (a) purchases the land; or
14 (b) pays compensation to the owner of the land in relation to the
15 non-conforming use.
16 32. Changes to non-conforming use
17 Development approval under this Scheme is required to --
18 (a) alter or extend a non-conforming use of land; or
19 (b) erect, alter or extend a building used for, or in conjunction
20 with, a non-conforming use; or
21 (c) repair, rebuild, alter or extend a building used for a
22 non-conforming use that is destroyed to the extent of 75% or
23 more of its value; or
24 (d) change the use of land from a non-conforming use to another
25 non-conforming use.
26 33. Part does not apply to particular developments
27 This Part does not apply to a development to which the Swan and
28 Canning Rivers Management Act 2006 Part 5 applies.
page 31
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 9 Applications for development approval
cl. 34
1 Part 9 -- Applications for development approval
2 34. Application under local planning scheme taken to be application
3 under Scheme
4 (1) This clause applies if --
5 (a) an application to a local government for approval for
6 development of land in the metropolitan area under a local
7 planning scheme is accepted by the local government; and
8 (b) development approval under this Scheme is required for
9 development of the land.
10 (2) The application is taken to also be an application for development
11 approval under this Scheme of the development.
12 35. Applications under Scheme
13 (1) This clause applies if --
14 (a) approval under a local planning scheme of development of
15 land in the metropolitan region is not required; but
16 (b) development approval under this Scheme is required for
17 development of the land.
18 (2) An application for development approval under this Scheme of the
19 development must be lodged with the local government in the district
20 of which the land is situated.
21 (3) An application made under subclause (2) must be --
22 (a) made in the form approved by the Commission; and
23 (b) signed by the owner of the land on which the development is
24 proposed; and
25 (c) accompanied by any plans and other information required
26 under clause 36.
27 (4) For the purposes of subclause (3)(b), a person or body may sign an
28 application for development approval under this Scheme as the owner
29 of freehold land if the person or body is 1 of the following --
30 (a) a person who is referred to in paragraph (a) of the definition
31 of owner in clause 7;
page 32
Planning and Development Amendment (Metropolitan Region Scheme)
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Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Applications for development approval Part 9
cl. 36
1 (b) a strata company that --
2 (i) is authorised to make an application for development
3 approval in respect of the land under scheme by-laws
4 registered under the Strata Titles Act 1985; and
5 (ii) if the land is held under a leasehold scheme, has the
6 written consent of the owner of the leasehold scheme
7 to make the application;
8 (c) a community corporation for a community titles scheme that
9 is authorised to make an application for development
10 approval in respect of the land under scheme by-laws
11 registered for the community titles scheme under the
12 Community Titles Act 2018;
13 (d) a person who is authorised under another written law to make
14 an application for development approval in respect of the
15 land;
16 (e) an agent of a person referred to in paragraph (a).
17 Note:
18 The Planning and Development Act 2005 section 267A makes
19 provision for the signing of documents by the owner of Crown land or
20 freehold land in the name of the State.
21 (5) If a term used in subclause (4)(b) is given a meaning in the Strata
22 Titles Act 1985 section 3(1), it has the same meaning in
23 subclause (4)(b).
24 (6) If a term used in subclause (4)(c) is given a meaning in the
25 Community Titles Act 2018 section 3(1), it has the same meaning in
26 subclause (4)(c).
27 36. Accompanying material
28 Unless the Commission waives any particular requirement, an
29 application for development approval under clause 35(2) must be
30 accompanied by --
31 (a) a plan or plans to a scale of not less than 1:500 showing --
32 (i) the location of the site, including street names, lot
33 numbers, north point and the dimensions of the site;
34 and
page 33
Planning and Development Amendment (Metropolitan Region Scheme)
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Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 9 Applications for development approval
cl. 36
1 (ii) the existing and proposed ground levels over the
2 whole of the land that is the subject of the
3 application; and
4 (iii) the location, height and type of all existing structures
5 on the land that is the subject of the application, and
6 all existing structures and vegetation proposed to be
7 removed; and
8 (iv) the existing and proposed use of the site, including
9 proposed hours of operation, and buildings and
10 structures to be erected on the site; and
11 (v) the existing and proposed means of access for
12 pedestrians and vehicles to and from the site; and
13 (vi) the location, number, dimensions and layout of all
14 carparks intended to be provided; and
15 (vii) the location and dimensions of any area proposed to
16 be provided for the loading and unloading of vehicles
17 carrying goods and commodities to and from the site
18 and the means of access to and from those areas; and
19 (viii) the location, dimensions and design of any open
20 storage or trade display area, and particulars of the
21 manner in which it is proposed to develop those
22 areas; and
23 (ix) the nature and extent of any open space and
24 landscaping proposed for the site;
25 and
26 (b) plans, elevations and sections of any building proposed to be
27 erected or altered and of any building it is intended to retain;
28 and
29 (c) any specialist studies the Commission may require the
30 applicant to undertake in support of the application,
31 including, for example, traffic, heritage, environmental,
32 engineering or urban design studies; and
33 (d) any other plan or information relating to the proposed
34 development that the Commission may reasonably require.
page 34
Planning and Development Amendment (Metropolitan Region Scheme)
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Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Applications for development approval Part 9
cl. 37
1 37. Action by local government on receipt of application
2 (1) This clause applies if --
3 (a) a local government receives an application to which clause 34
4 applies or under clause 35; and
5 (b) the local government is not empowered to determine the
6 application under this Scheme under powers delegated to the
7 local government by the Commission.
8 (2) The local government must forward a copy of the application and
9 accompanying material to the Commission within 7 days of the local
10 government becoming aware that it is not empowered to determine
11 the application.
12 (3) Within 42 days of receiving the application, or such longer period as
13 the Commission allows, the local government may make
14 recommendations to the Commission regarding the application.
15 38. Action by Commission on receipt of application
16 (1) On receipt under clause 37(2) of an application for development
17 approval under this Scheme, the Commission must --
18 (a) consider whether the application and accompanying material
19 satisfies clauses 34 to 36, as the case requires; and
20 (b) within 7 days after the day on which the application is
21 received, give the applicant written notice stating --
22 (i) if the Commission is satisfied that the application and
23 accompanying material satisfies clauses 34 to 36, as
24 the case requires -- that the application has been
25 accepted for assessment; or
26 (ii) otherwise -- that the applicant must amend the
27 application, or provide further accompanying
28 material, before the application can be accepted for
29 assessment.
30 (2) If the Commission does not give notice under subclause (1)(b) within
31 the 7-day period referred to in that subclause, the application is taken
32 to be accepted for assessment on the day after the end of that period.
page 35
Planning and Development Amendment (Metropolitan Region Scheme)
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Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 9 Applications for development approval
cl. 39
1 (3) If the Commission gives notice under subclause (1)(b)(ii) and the
2 applicant amends the application or provides further accompanying
3 material as required, this clause applies again in respect of the
4 application as amended or as accompanied by the further material as
5 if a reference to the receipt of the application were a reference to the
6 receipt of the amendment or the further material.
7 39. Commission may request additional information or material
8 (1) If an application for development approval under this Scheme has
9 been accepted for assessment, the Commission may, by written notice
10 given to the applicant, request the applicant to provide any further
11 information or material that the Commission reasonably requires to
12 determine the application.
13 (2) A request under subclause (1) may be made whether or not the
14 Commission gave the applicant notice under clause 38(1)(b)(ii) in
15 relation to the application before it was accepted for assessment.
16 (3) A request under subclause (1) must state the period within which the
17 further information or material must be provided, which must be a
18 period of at least 21 days after the day on which the request is made.
19 40. Applicant may agree to or refuse request for additional
20 information or material
21 (1) If a request under clause 39(1) is made to an applicant for
22 development approval under this Scheme, the applicant may, by
23 written notice given to the Commission within 7 days after the day on
24 which the request is made, agree to or refuse the request.
25 (2) If the applicant does not agree to or refuse the request within the
26 7-day period referred to in subclause (1), the applicant is taken to
27 have refused the request.
28 (3) If an applicant agrees to a request under clause 39(1), the period set
29 out in subclause (4) is not to be counted for the purposes of
30 determining when the application for development approval must be
31 determined under clause 47.
32 (4) For the purposes of subclause (3), the period --
33 (a) begins on the day on which the applicant agrees to the
34 request; and
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Planning and Development Amendment (Metropolitan Region Scheme)
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Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Applications for development approval Part 9
cl. 41
1 (b) ends on the earlier of the following --
2 (i) the day on which the applicant gives the information
3 or material specified in the request to the
4 Commission;
5 (ii) the last day of the period stated in the notice of
6 request under clause 39(3).
7 (5) If an applicant refuses a request under clause 39(1) --
8 (a) the Commission must not refuse to determine the application
9 for development approval merely because the applicant has
10 refused the request; and
11 (b) the making of the request does not affect when the
12 application for development approval must be determined
13 under clause 47.
14 41. Advertising of applications
15 (1) If the Commission is of the opinion that notice of an application for
16 development approval under this Scheme should be given before a
17 determination is made regarding development approval, the
18 Commission may require the applicant to give notice of the
19 application in 1 or more of the following ways --
20 (a) notice of the proposed development of land served on nearby
21 owners and occupiers who, in the opinion of the Commission,
22 are likely to be affected by the proposed development, stating
23 that submissions may be made to the Commission by a day
24 specified in the notice, being not less than 14 days from the
25 day the notice is served;
26 (b) notice of the proposed development published in a newspaper
27 circulating in the metropolitan region stating that submissions
28 may be made to the Commission by a day specified in the
29 notice, being not less than 14 days from the day the notice is
30 published;
31 (c) a sign or signs displaying notice of the proposed development
32 erected in a conspicuous position on the land on which
33 development is proposed for a period of not less than 14 days
34 from the day the notice is erected.
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Planning and Development Amendment (Metropolitan Region Scheme)
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Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 10 Dealing with applications for development approval
cl. 42
1 (2) The notice referred to in subclause (1) is to be in the form approved
2 by the Commission with any modifications considered appropriate by
3 the Commission.
4 (3) The Commission must publish the application for development
5 approval referred to in the notice and the material accompanying the
6 application on the Commission website.
7 42. Refusal in relation to copyrighted material
8 The Commission may refuse to accept an application for development
9 approval under this Scheme if the Commission is not satisfied that
10 there is in place an agreement for the Commission to use any
11 copyrighted material provided in support of the application --
12 (a) for the purpose of advertising the application; and
13 (b) for zero remuneration.
14 Part 10 -- Dealing with applications for development approval
15 Division 1 -- Considerations and consultation
16 43. Matters to be considered by Commission
17 When considering an application for development approval under this
18 Scheme the Commission must have regard to the following matters if,
19 and to the extent, they are of State or regional importance --
20 (a) the purposes and aims of this Scheme and any relevant local
21 planning schemes in operation within the metropolitan
22 region;
23 (b) the requirements of orderly and proper planning, including --
24 (i) any relevant proposed amendment to this Scheme or
25 proposed replacement Scheme for which advertising
26 has commenced under section 43 of the Act; or
27 (ii) any relevant proposed local planning scheme or
28 proposed amendment to a local planning scheme for
29 which advertising has commenced under section 84
30 of the Act;
31 (c) any State planning policy;
page 38
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Dealing with applications for development approval Part 10
cl. 43
1 (d) any environmental protection policy approved under the
2 EP Act;
3 (e) any policy or strategy of the Commission, including any
4 region planning scheme policy or district structure plan that is
5 in force;
6 (f) any policy adopted by the Government;
7 (g) the local government's local planning strategy in respect of a
8 local planning scheme, as endorsed by the Commission under
9 the Planning and Development (Local Planning Schemes)
10 Regulations 2015 regulation 15(1) and amended from time to
11 time;
12 (h) for reserved land, the public purpose for which the land is
13 reserved;
14 (i) the conservation of any place that is a heritage-protected
15 place;
16 (j) the compatibility of the development with its setting;
17 (k) any social issues that may affect the amenity of the locality;
18 (l) the cultural significance of any place or area affected by the
19 development;
20 (m) the likely effect of the proposal on the natural environment
21 and any means that are proposed to protect, or to mitigate
22 impacts on, the natural environment;
23 (n) whether the land to which the application relates is unsuitable
24 for the proposal because it is, or is likely to be, subject to
25 flooding, tidal inundation, subsidence, landslip, bush fire or
26 other similar risk;
27 (o) the preservation of the amenity of the locality;
28 (p) the relationship of the proposal to development of adjoining
29 land or on other land in the locality, including, but not limited
30 to, the likely effect of the height, bulk, scale, orientation and
31 appearance of the proposal;
32 (q) whether the proposed means of access to and egress from the
33 site are adequate and whether adequate provision has been
34 made for the loading, unloading, manoeuvring and parking of
35 vehicles;
page 39
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 10 Dealing with applications for development approval
cl. 44
1 (r) the amount of traffic likely to be generated by the proposal,
2 particularly in relation to the capacity of the road system in
3 the locality and the probable effect on traffic flow and safety;
4 (s) whether public transport services are necessary and, if so,
5 whether they are available and adequate for the proposal;
6 (t) whether public utility services are available and adequate for
7 the proposal;
8 (u) whether adequate provision has been made for access for
9 pedestrians and cyclists (including end of trip storage, toilet
10 and shower facilities);
11 (v) whether adequate provision has been made for access by
12 disabled persons;
13 (w) whether adequate provision has been made for the
14 landscaping of the land to which the application relates and
15 whether any trees or other vegetation on the land should be
16 preserved;
17 (x) whether the proposal is likely to cause soil erosion or land
18 degradation;
19 (y) the potential loss of any community service or benefit
20 resulting from the development approval;
21 (z) any relevant submissions received on the application;
22 (za) any recommendations received from a local government
23 under clause 37(3);
24 (zb) consultation under clause 44(1);
25 (zc) any advice of the Trust under clause 45(4);
26 (zd) any other development consideration the Commission
27 considers relevant.
28 44. Consultation with other authorities
29 (1) The Commission may consult on the proposed development of land
30 with any public authority the Commission considers appropriate.
31 (2) The Commission must not determine an application for development
32 approval under this Scheme in respect of land reserved under this
33 Scheme without first consulting each relevant public authority for the
34 land.
page 40
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Dealing with applications for development approval Part 10
cl. 45
1 (3) In subclause (2) --
2 relevant public authority, for land reserved under this Scheme, means
3 a public authority --
4 (a) for which the land is reserved; or
5 (b) that owns or manages the land.
6 45. Development of land affecting Swan and Canning Rivers
7 development control area
8 (1) In this clause --
9 SCRM Minister means the Minister to whom the administration of
10 the Swan and Canning Rivers Management Act 2006 is committed;
11 Swan Canning development control area means the development
12 control area as defined in the Swan and Canning Rivers Management
13 Act 2006 section 3(1);
14 Trust means the Swan River Trust established by the Swan and
15 Canning Rivers Management Act 2006 section 16(1).
16 (2) This clause applies if an application for development approval under
17 this Scheme relates to --
18 (a) development of land comprised in a lot --
19 (i) any part of which (but not all of which) is within the
20 Swan Canning development control area; or
21 (ii) that is not in the Swan Canning development control
22 area but abuts waters that are in the Swan Canning
23 development control area;
24 or
25 (b) development of land, other than development to which
26 paragraph (a) applies --
27 (i) that abuts the Swan Canning development control
28 area; or
29 (ii) that in the opinion of the Commission is likely to
30 affect waters in the Swan Canning development
31 control area.
page 41
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 10 Dealing with applications for development approval
cl. 45
1 (3) Subject to subclause (9), the Commission must give full particulars of
2 the application to the Trust.
3 (4) The Trust, within 42 days after the day on which it receives
4 particulars of the application, or within such longer period as the
5 Commission allows, must give the Commission its advice in writing
6 on --
7 (a) how the application should be determined; and
8 (b) any conditions to which any approval of the application
9 should be made subject.
10 (5) If the Trust fails to give its advice within the time allowed under
11 subclause (4), it is taken to have no advice to give on the application.
12 (6) Subject to any direction under subclause (7)(b), the Commission must
13 determine an application referred to in subclause (2)(a) in a manner
14 that is consistent with the advice of the Trust on the application.
15 (7) If the Commission does not agree with all or part of the advice of the
16 Trust on an application referred to in subclause (2)(a) --
17 (a) the matter on which there is not agreement is to be resolved
18 in the manner determined by the SCRM Minister and the
19 Minister; and
20 (b) the Minister must direct the Commission accordingly; and
21 (c) the Commission must determine the application in
22 accordance with the direction.
23 (8) The Commission must have regard to the advice of the Trust when
24 determining an application referred to in subclause (2)(b) but is not
25 required to make a determination that is consistent with that advice.
26 (9) The Trust --
27 (a) may determine that a particular class or description of
28 application need not be referred to it for advice under this
29 clause; and
30 (b) must notify the Commission of any such determination.
page 42
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Dealing with applications for development approval Part 10
cl. 46
1 Division 2 -- Determinations
2 46. Earliest Commission may determine application
3 The Commission must not determine an application for development
4 approval under this Scheme before --
5 (a) the earlier of --
6 (i) the expiry of the period referred to in clause 37(3)
7 within which the local government may make
8 recommendations about the application; or
9 (ii) receiving recommendations from the local
10 government under clause 37(3);
11 and
12 (b) the expiry of the following periods in respect of notice of the
13 proposed development of land --
14 (i) any period specified for the purposes of
15 clause 41(1)(a) or (b);
16 (ii) any period referred to in clause 41(1)(c) for the
17 purposes of that paragraph.
18 47. Latest Commission must determine applications
19 (1) Subject to clause 46, the Commission must determine an application
20 for development approval under this Scheme --
21 (a) if the application is the subject of a notice under clause 41 --
22 within 90 days after the day on which the application is
23 accepted for assessment; or
24 (b) otherwise -- within 60 days after the day on which the
25 application is accepted for assessment; or
26 (c) in either case -- within a longer period agreed in writing
27 between the applicant and the Commission.
28 (2) If the Commission has not made a determination in the period referred
29 to in subclause (1), the Commission is taken to have refused to grant
30 the development approval.
31 (3) Despite subclause (2), the Commission may determine whether or not
32 to grant the development approval after the period applicable under
page 43
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 10 Dealing with applications for development approval
cl. 48
1 subclause (1) has expired and the validity of the determination is not
2 affected by the expiry.
3 48. Determination of applications
4 In determining an application for development approval under this
5 Scheme the Commission may --
6 (a) grant development approval with or without conditions; or
7 (b) refuse to grant development approval.
8 49. Form and date of determination
9 (1) As soon as practicable after determining an application, the
10 Commission must give notice of the determination to the applicant in
11 the form approved by the Commission.
12 (2) The date of the determination is the date specified in the notice.
13 (3) If development approval under this Scheme is refused the
14 Commission must give reasons for its refusal.
15 50. Term of development approval
16 If development approval under this Scheme is granted --
17 (a) the development of the land must be substantially
18 commenced --
19 (i) if no period is specified in the approval -- within the
20 period of 2 years commencing on the date of the
21 determination; or
22 (ii) if a period is specified in the approval -- within that
23 period; or
24 (iii) in either case -- within a longer period approved by
25 the Commission on an application made under
26 clause 55(1)(a);
27 and
28 (b) the approval lapses if the development has not substantially
29 commenced within the period determined under
30 paragraph (a).
page 44
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Dealing with applications for development approval Part 10
cl. 51
1 51. Temporary development approval
2 The Commission may impose conditions limiting the period of time
3 for which development approval under this Scheme is granted.
4 52. Scope of development approval
5 Development approval under this Scheme may be granted --
6 (a) for the entire development of the land; or
7 (b) for development of the land except for a specified part or
8 aspect of that development; or
9 (c) only for a specified part or aspect of the development of the
10 land.
11 53. Approval subject to later approval of details
12 (1) If an application for development approval under this Scheme is for
13 development of land that includes building or works, development
14 approval may be granted subject to matters requiring subsequent
15 development approval, including, for example --
16 (a) the siting, design and external appearance of the buildings;
17 and
18 (b) means of access; and
19 (c) landscaping; and
20 (d) any other matters the Commission considers appropriate.
21 (2) The Commission may require such further details as it considers
22 appropriate before considering an application for subsequent
23 development approval.
24 (3) An application for subsequent development approval must be made
25 not later than 2 years after the date of the determination of the first
26 approval, or such other period as is specified in the first approval.
page 45
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 10 Dealing with applications for development approval
cl. 54
1 54. Determination of applications in relation to zoned land if power
2 delegated to local government
3 (1) This clause applies if --
4 (a) a determination is made by a local government under a local
5 planning scheme in respect of approval for development of
6 land to which a requirement under clause 28 applies; and
7 (b) the local government is empowered, under a delegation by
8 the Commission, to determine the application for
9 development approval under this Scheme taken to have been
10 made under clause 34.
11 (2) Subject to subclause (3) and despite any other provision of this
12 Scheme, the local government is taken to have made, at the same time
13 as the determination under the local planning scheme was made, the
14 same determination under this Scheme in respect of the development.
15 (3) Nothing in this clause prevents the Commission from exercising its
16 power to determine an application for development approval in
17 accordance with the terms of the delegation referred to in
18 subclause (1)(b).
19 55. Amending or cancelling development approval
20 (1) An owner of land in respect of which development approval under
21 this Scheme has been granted may make an application to the
22 Commission requesting the Commission to do any or all of the
23 following --
24 (a) to amend the approval so as to extend the period within which
25 any development approval must be substantially commenced;
26 (b) to amend or delete any condition to which the approval is
27 subject;
28 (c) to amend an aspect of the development approval which, if
29 amended, would not substantially change the development
30 approved;
31 (d) to cancel the approval.
page 46
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Dealing with applications for development approval Part 10
cl. 56
1 (2) An application under subclause (1) --
2 (a) must be made in accordance with the requirements of Part 9
3 and dealt with under this Part as if it were an application for
4 development approval; and
5 (b) may be made during or after the period within which the
6 development approved must be substantially commenced.
7 (3) Despite subclause (2), the Commission may waive or vary a
8 requirement in Part 9 or this Part in respect of an application if the
9 Commission is satisfied that the application relates to a minor
10 amendment to the development approval.
11 (4) The Commission may determine an application made under
12 subclause (1) by --
13 (a) approving the application without conditions; or
14 (b) approving the application with conditions; or
15 (c) refusing the application.
16 Division 3 -- Review
17 56. Review of determinations
18 (1) In this clause --
19 affected person, in relation to a reviewable determination, means --
20 (a) the applicant for development approval under this Scheme; or
21 (b) the owner of land in respect of which an application for
22 development approval under this Scheme is made;
23 reviewable determination means a determination by the
24 Commission --
25 (a) to refuse an application for development approval under this
26 Scheme; or
27 (b) to grant development approval under this Scheme subject to
28 conditions; or
29 (c) to refuse to amend or cancel development approval under this
30 Scheme on application made under clause 55.
page 47
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 11 Exemptions from planning requirements for state of
emergency
cl. 57
1 (2) An affected person may apply to the State Administrative Tribunal for
2 a review of a reviewable determination in accordance with Part 14 of
3 the Act.
4 (3) Also, an applicant aggrieved by either of the following decisions by
5 the Commission may apply to the State Administrative Tribunal for a
6 review of the decision in accordance with Part 14 of the Act --
7 (a) a decision not to transfer land from the urban deferred zone to
8 the urban zone;
9 (b) a decision not to transfer land from the industrial deferred
10 zone to the industrial zone.
11 Part 11 -- Exemptions from planning requirements for state of
12 emergency
13 57. Minister may issue notice of exemption from planning
14 requirements if state of emergency declaration in force
15 (1) If a state of emergency declaration is in force under the Emergency
16 Management Act 2005 Part 5 in relation to the whole or any area or
17 areas of the State, the Minister may issue a notice in writing
18 containing 1 or more exemptions from planning requirements under
19 this Scheme.
20 (2) A notice under subclause (1) may be issued only if the Minister
21 considers that it is necessary to do so for the purpose of facilitating a
22 response to the emergency to which the state of emergency
23 declaration relates.
24 (3) A reference in subclause (1) to a planning requirement --
25 (a) includes, without limiting that subclause --
26 (i) a requirement to obtain development approval under
27 this Scheme; and
28 (ii) a requirement under a condition of development
29 approval under this Scheme; and
30 (iii) a requirement relating to the permissibility of uses of
31 land; and
32 (iv) a requirement relating to works; and
page 48
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Exemptions from planning requirements for state of Part 11
emergency
cl. 58
1 (v) a provision having the effect that a non-conforming
2 use of land is no longer permitted because of a
3 discontinuance of that non-conforming use; and
4 (vi) a requirement in relation to consultation,
5 advertisement, applications, time limits or forms;
6 but
7 (b) does not include an environmental condition set out in
8 Schedule 1 that is incorporated into this Scheme or an
9 amendment to this Scheme.
10 (4) A notice under subclause (1) may be issued whether or not the state of
11 emergency declaration applies in relation to any part of the
12 metropolitan region, but only if it is necessary for the purpose referred
13 to in subclause (2).
14 (5) An exemption in a notice issued under subclause (1) may --
15 (a) apply generally or to land, or classes of land, specified in the
16 notice; and
17 (b) be unconditional or subject to any conditions specified in the
18 notice.
19 (6) The Minister --
20 (a) may, by notice in writing, amend a notice under subclause (1)
21 for the purpose referred to in subclause (2); and
22 (b) may, by notice in writing, revoke a notice under
23 subclause (1); and
24 (c) must, under paragraph (b), revoke a notice under
25 subclause (1) if the Minister considers that the notice is no
26 longer necessary for the purpose referred to in subclause (2).
27 58. Process for issuing notice under cl. 57
28 (1) A notice under clause 57(1) or (6) must be signed by the Minister and
29 published in the Gazette.
30 (2) A notice under clause 57(1) or (6) may be combined in a single
31 instrument with 1 or more other notices of that kind issued under 1 or
32 more other region planning schemes or all other region planning
33 schemes.
page 49
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 11 Exemptions from planning requirements for state of
emergency
cl. 59
1 (3) Before issuing a notice under clause 57(1) or (6), the Minister must,
2 unless the Minister considers that it is impracticable to do so because
3 of the urgency of the circumstances, make reasonable endeavours to
4 consult in relation to the notice --
5 (a) any local governments and local government representative
6 bodies the Minister considers appropriate; and
7 (b) the Commission.
8 (4) The Minister must ensure that a copy of the notice is sent to the
9 entities mentioned in subclause (3)(a) and (b).
10 (5) A failure to comply with subclause (3) or (4) in relation to a notice
11 does not invalidate the notice.
12 59. Coming into effect and cessation of notices and exemptions
13 under cl. 57
14 (1) A notice under clause 57(1) or (6) must state the date and time at
15 which it is signed.
16 (2) A notice under clause 57(1) or (6) must also state, for each exemption
17 under the notice, that the exemption is to expire --
18 (a) when the state of emergency declaration ceases to be in force;
19 or
20 (b) at a date and time stated in the notice, which must not be later
21 than the end of the period of 5 years beginning on the day on
22 which the notice is signed.
23 (3) A notice under clause 57(1) or (6) takes effect when it is signed.
24 (4) An exemption under a notice under clause 57(1) remains in effect,
25 subject to any amendment or revocation of the notice under
26 clause 57(6), until the time of expiry stated under subclause (2) for
27 that exemption.
28 (5) When an exemption under a notice under clause 57(1) is amended or
29 ceases to be in effect, the provisions of this Scheme in relation to
30 non-conforming uses of land do not apply in relation to any
31 development of land that was permitted only because of the effect of
32 the exemption prior to the amendment or cessation.
page 50
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Administration Part 12
cl. 60
1 Part 12 -- Administration
2 60. Compensation
3 (1) A claim for compensation for injurious affection may be made under
4 Part 11 of the Act.
5 (2) For the purposes of section 178(1)(b) of the Act, a claim for
6 compensation for injurious affection referred to in section 174(1)(c)
7 of the Act must be lodged at the office of the Commission within
8 6 months of the date on which the amendment of this Scheme by
9 which the land or property is injuriously affected takes effect.
10 (3) A claim for compensation must be in the form approved by the
11 Commission.
12 61. Power to enter into agreements
13 The Commission in implementing this Scheme has the power to enter
14 into an agreement with any owner, occupier or other person having an
15 interest in land affected by the provisions of this Scheme in respect of
16 any matters relating to this Scheme.
17 62. Environmental conditions
18 (1) For the purposes of sections 50 and 61 of the Act, environmental
19 conditions referred to in sections 48F(2) and 48G(3) of the EP Act
20 that are incorporated into this Scheme or an amendment to this
21 Scheme are set out in Schedule 1.
22 (2) The symbol EC on the Scheme Map indicates that environmental
23 conditions apply to that land.
24 63. Certificates
25 On payment of the relevant fee set under section 20 of the Act, the
26 Commission may issue a certificate in the form approved by the
27 Commission in respect of any land stating --
28 (a) the manner in which the land is affected by this Scheme; and
29 (b) if the land is reserved under this Scheme, the public purpose
30 for which it is reserved.
page 51
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 13 Transitional provisions
cl. 64
1 64. Approved forms must be published on website
2 The Commission must ensure that a form approved by the
3 Commission under this Scheme is published on the Commission
4 website.
5 Part 13 -- Transitional provisions
6 65. Terms used
7 In this Part --
8 amendment Act means the Planning and Development Amendment
9 (Metropolitan Region Scheme) Act 2024;
10 old Scheme means this Scheme as in force immediately before
11 commencement day;
12 previous, in relation to a clause of this Scheme, means the clause as in
13 force from time to time before commencement day;
14 relevant period means the period beginning on commencement day
15 and ending on the day that is 12 months after commencement day.
16 66. Existing lawful works
17 Works on land that were lawfully being carried out in the
18 metropolitan region before commencement day may continue to be
19 lawfully carried out as if the amendment Act had not come into
20 operation.
21 67. Existing development approvals
22 (1) This clause applies to an approval for the development of land --
23 (a) granted under the old Scheme; and
24 (b) that is in force immediately before commencement day.
25 (2) On commencement day, the approval is taken to be an approval for
26 development of land granted by the Commission under Part 10.
page 52
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Transitional provisions Part 13
cl. 68
1 68. Existing applications for development approval: applications with
2 Commission
3 (1) This clause applies if --
4 (a) before commencement day an application was made to a local
5 government under previous clause 28 and forwarded to the
6 Commission by the local government under previous
7 clause 29(1); and
8 (b) on commencement day the application is not finally
9 determined.
10 (2) The application must be dealt with by the Commission under this
11 Scheme.
12 (3) If the local government made recommendations about the application
13 under previous clause 29(3) the recommendations are taken to be
14 recommendations made under clause 37(3).
15 69. Existing applications for development approval: applications with
16 local government
17 (1) This clause applies if --
18 (a) before commencement day an application was made to a local
19 government under previous clause 28 and not forwarded to
20 the Commission by the local government under previous
21 clause 29(1); and
22 (b) on commencement day the application is not finally
23 determined.
24 (2) The application must be dealt with by the local government under this
25 Scheme.
26 70. Particular existing documents taken to be district structure plans
27 (1) On commencement day, the following documents published on the
28 website are taken to be district structure plans
29 approved by the Commission under clause 15 --
30 (a) the document called 'Burswood Peninsula District Structure
31 Plan' (March 2015);
32 (b) the document called 'Cockburn Coast District Structure Plan'
33 (September 2009);
page 53
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Schedule 1 Metropolitan Region Scheme Parts 1 to 13
Part 13 Transitional provisions
cl. 71
1 (c) the document called 'East Wanneroo District Structure Plan'
2 (August 2021);
3 (d) the document called 'North Ellenbrook (West) District
4 Structure Plan' (November 2022);
5 (e) the document called 'North Ellenbrook (East) District
6 Structure Plan' (October 2022);
7 (f) the document called 'Southern River/Forrestdale/Brookdale/
8 Wungong District Structure Plan' (January 2001).
9 (2) The Commission must review the operation and effectiveness of each
10 district structure plan referred to in subclause (1) within 6 months
11 after an anniversary referred to in subclause (3).
12 (3) The anniversaries are the 10th anniversary of commencement day, the
13 20th anniversary of that day, the 30th anniversary of that day and so
14 on.
15 71. Modified application of cl. 15 if plan adopted by Commission
16 during relevant period
17 (1) In this clause --
18 adopted plan means a plan --
19 (a) prepared by an entity other than the Commission; and
20 (b) adopted by the Commission during the relevant period.
21 (2) For the purposes of clause 15(1)(a) an adopted plan is taken to be a
22 plan prepared by the Commission.
23 72. Alternative procedure for approving district structure plans
24 during relevant period
25 (1) During the relevant period, the Commission may resolve to approve a
26 plan as a district structure plan under this clause, instead of under
27 clause 15, if --
28 (a) the plan was prepared by an entity other than the
29 Commission; and
30 (b) either --
31 (i) the Commission carried out a consultation process for
32 the plan; or
page 54
Planning and Development Amendment (Metropolitan Region Scheme)
Bill 2024
Metropolitan Region Scheme Parts 1 to 13 Schedule 1
Transitional provisions Part 13
cl. 73
1 (ii) the Commission is satisfied that the entity carried out
2 a consultation process for the plan.
3 (2) Part 2 Division 2, other than clause 15(1) to (3), applies to the district
4 structure plan as if the plan had been prepared and approved by the
5 Commission under clause 15.
6 (3) This clause does not limit clause 15.
7 73. References to parks and recreation and restricted public access
8 In a document --
9 (a) a reference to land reserved under this Scheme as parks and
10 recreation may, if the context permits, be taken to be a
11 reference to land reserved under this Scheme as regional open
12 space; and
13 (b) a reference to land reserved under this Scheme as restricted
14 public access may, if the context permits, be taken to be a
15 reference to land reserved under this Scheme as regional open
16 space -- restricted public access.
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