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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Swan Valley Planning Bill 2020
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 3
4. Swan Valley 5
5. Objects of Act 5
6. Act binds Crown 7
Part 2 -- Swan Valley Planning
Scheme
Division 1 -- Nature and effect of scheme
7. Swan Valley Planning Scheme 8
8. Scheme has legislative effect 8
9. Effect of scheme for Planning and Development
Act 2005 8
Division 2 -- Contents of scheme
10. Contents of scheme 9
11. Scheme may incorporate provisions of other
planning instruments 10
12. Planning areas and provisions about subdivision
and minimum lot sizes 10
13. Provisions to ensure non-rural development
designed to minimise impacts from rural land uses 11
Division 3 -- Making and amending scheme
Subdivision 1 -- Preliminary
14. Term used: proposed scheme or amendment 12
15. First proposed scheme 12
16. Replacement or amendment of scheme 12
204--1 page i
Swan Valley Planning Bill 2020
Contents
Subdivision 2 -- Processes to be followed in
preparing proposed scheme or amendment
17. Matters to which Commission must have regard 13
18. Consultation requirements 13
19. Referral to Heritage Council 14
20. Referral to EPA 14
21. Environmental review to be undertaken if required
by EPA 15
22. Environmental review to be undertaken by land
owner in some circumstances 16
Subdivision 3 -- Advertising proposed scheme or
amendment
23. Advertising proposed scheme or amendment 17
24. Commission's duties if proposed scheme or
amendment to be assessed under Environmental
Protection Act 1986 17
Subdivision 4 -- Approving and publicising scheme
or amendment
25. Approval of proposed scheme or amendment 18
26. Approval of scheme or amendment referred to
EPA 19
27. Publication, advertisement and commencement of
approved scheme or amendment 20
Part 3 -- Swan Valley Strategic
Leadership Group
28. Swan Valley Strategic Leadership Group
established 21
29. Functions of Swan Valley Strategic Leadership
Group 21
30. Remuneration 22
31. Use of staff and facilities of public authorities 22
32. Regulations about Swan Valley Strategic
Leadership Group 23
Part 4 -- Swan Valley Statutory
Planning Committee
33. Swan Valley Statutory Planning Committee
established 24
page ii
Swan Valley Planning Bill 2020
Contents
34. Functions of Swan Valley Statutory Planning
Committee 25
35. Subdelegation of functions by Swan Valley
Statutory Planning Committee 26
36. General provisions about delegation under s. 34
and 35 26
Part 5 -- Miscellaneous
37. Delegation by Minister 27
38. Protection from liability 27
39. Certain references in written laws to include Swan
Valley Planning Scheme or things done under
scheme 28
40. Application of regulations under Planning and
Development Act 2005 28
41. Regulations 29
Part 6 -- Transitional provisions
42. Terms used 31
43. Process for making first Swan Valley Planning
Scheme 31
44. Application of Interpretation Act 1984 32
45. Existing lawful or approved development 32
46. Applications for approval not finalised on scheme
start day 33
47. State Administrative Tribunal review not finalised
on scheme start day 33
48. Transitional regulations 34
Part 7 -- Repeals
49. Swan Valley Planning Act 1995 repealed 36
50. Swan Valley Planning Regulations 1995 repealed 36
page iii
Swan Valley Planning Bill 2020
Contents
Part 8 -- Amendments to this Act
commencing on later of
proclamation and
commencement of Planning and
Development Amendment
Act 2020 provisions
51. Act amended 37
52. Section 3 amended 37
53. Section 11 amended 37
54. Section 20 amended 37
Part 9 -- Planning and Development
Act 2005 amended
55. Act amended 38
56. Section 4 amended 38
57. Section 13 amended 39
58. Section 14 amended 39
59. Section 19 amended 40
60. Section 20 amended 40
61. Section 32C amended 41
62. Section 36 amended 41
63. Section 40 deleted 41
64. Section 47 deleted 41
65. Section 48 amended 42
66. Section 49 amended 42
67. Section 57 amended 42
68. Section 71 amended 42
69. Section 78 deleted 43
70. Section 112 amended 43
71. Section 119 amended 43
72. Section 122B amended 43
73. Section 123 amended 43
74. Section 130 amended 44
75. Section 131 amended 44
76. Section 131A inserted 44
131A. Relationship between Swan Valley
Planning Scheme and other planning
schemes or policies 44
77. Section 134 amended 45
page iv
Swan Valley Planning Bill 2020
Contents
78. Section 138A inserted 46
138A. Commission's functions when approving
subdivision etc. in Swan Valley 46
79. Section 170 amended 47
80. Section 171A amended 47
81. Section 175 amended 47
82. Section 181 amended 48
83. Section 196 amended 48
84. Section 197 amended 49
85. Section 198 amended 49
86. Section 199 amended 50
87. Section 217 amended 51
88. Section 218 amended 51
89. Section 241 amended 51
90. Section 252 amended 52
91. Section 266 amended 52
92. Section 269 amended 53
93. Schedule 2 clause 1 amended 53
94. Schedule 2 clause 2 amended 53
Part 10 -- Other Acts amended
Division 1 -- Control of Vehicles (Off-road
Areas) Act 1978 amended
95. Act amended 54
96. Section 16 amended 54
97. Section 47 amended 54
Division 2 -- Electricity Corporations Act 2005
amended
98. Act amended 54
99. Section 60 amended 55
Division 3 -- Environmental Protection Act 1986
amended
100. Act amended 55
101. Section 3 amended 55
102. Section 48AAA amended 57
103. Section 48C amended 57
Division 4 -- Heritage Act 2018 amended
104. Act amended 57
105. Section 85 amended 57
page v
Swan Valley Planning Bill 2020
Contents
Division 5 -- Jetties Act 1926 amended
106. Act amended 58
107. Section 7 amended 58
Division 6 -- Land Tax Assessment Act 2002
amended
108. Act amended 58
109. Section 15 amended 58
110. Glossary amended 59
Division 7 -- Local Government Act 1995
amended
111. Act amended 59
112. Section 6.33 amended 59
Division 8 -- Marine and Harbours Act 1981
amended
113. Act amended 59
114. Section 12 amended 59
Division 9 -- Metropolitan Redevelopment
Authority Act 2011 amended
115. Act amended 60
116. Section 3 amended 60
117. Section 30 amended 60
Division 10 -- Planning and Development
Amendment Act 2020 amended
118. Act amended 60
119. Section 25 deleted 60
120. Section 30 deleted 60
Division 11 -- Railway (METRONET) Act 2018
amended
121. Act amended 61
122. Section 5 amended 61
123. Section 6 amended 61
Division 12 -- Sale of Land Act 1970 amended
124. Act amended 61
125. Section 16 amended 62
Division 13 -- Soil and Land Conservation
Act 1945 amended
126. Act amended 62
127. Schedule amended 62
page vi
Swan Valley Planning Bill 2020
Contents
Division 14 -- Strata Titles Act 1985 amended
128. Act amended 62
129. Section 223A inserted 62
223A. Application in Swan Valley 62
Division 15 -- Swan and Canning Rivers
Management Act 2006 amended
130. Act amended 63
131. Section 57 amended 63
132. Section 67 amended 63
133. Section 68 amended 64
134. Section 72 amended 64
135. Section 73 amended 65
136. Section 74 amended 65
137. Section 75 amended 66
138. Section 76 amended 66
139. Section 80 amended 66
140. Section 82 amended 67
141. Section 87 amended 67
Division 16 -- Water Agencies (Powers) Act 1984
amended
142. Act amended 67
143. Section 38 amended 67
Division 17 -- Water Services Act 2012 amended
144. Act amended 68
145. Section 143 amended 68
146. Section 151 amended 68
Division 18 -- Waterways Conservation Act 1976
amended
147. Act amended 68
148. Section 36 amended 68
Schedule 1 -- Indicative map of Swan
Valley
Defined terms
page vii
Western Australia
LEGISLATIVE ASSEMBLY
Swan Valley Planning Bill 2020
A Bill for
An Act to --
provide for a Swan Valley Planning Scheme that will apply to the
Swan Valley for the purposes of the Planning and Development
Act 2005; and
provide for the establishment and functions of a Swan Valley
Strategic Leadership Group and a Swan Valley Statutory
Planning Committee; and
amend the Planning and Development Act 2005 in relation to its
application in the Swan Valley; and
repeal the Swan Valley Planning Act 1995; and
make consequential amendments to other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Swan Valley Planning Bill 2020
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Swan Valley Planning Act 2020.
4 2. Commencement
5 (1) This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent (assent day);
8 (b) sections 52, 53 and 61 --
9 (i) if the Planning and Development Amendment
10 Act 2020 section 65 comes into operation on or
11 before the day fixed under paragraph (e) -- on
12 the day fixed under paragraph (e); or
13 (ii) otherwise -- immediately after the day on which
14 the Planning and Development Amendment
15 Act 2020 section 65 comes into operation;
16 (c) sections 54 and 102 --
17 (i) if the Planning and Development Amendment
18 Act 2020 section 56 comes into operation on or
19 before the day fixed under paragraph (e) -- on
20 the day fixed under paragraph (e); or
21 (ii) otherwise -- immediately after the Planning and
22 Development Amendment Act 2020 section 56
23 comes into operation;
24 (d) section 83(2) --
25 (i) if the Planning and Development Amendment
26 Act 2020 section 18 comes into operation on or
27 before the day fixed under paragraph (e) -- on
28 the day fixed under paragraph (e); or
29 (ii) otherwise -- immediately after the Planning and
30 Development Amendment Act 2020 section 18
31 comes into operation;
page 2
Swan Valley Planning Bill 2020
Preliminary Part 1
s. 3
1 (e) the rest of the Act -- on a day fixed by proclamation.
2 (2) Despite subsection (1), if the Planning and Development
3 Amendment Act 2020 Part 6 Division 1 comes into operation
4 before the day fixed under subsection (1)(e), sections 65 and 66
5 and Part 10 Division 10 of this Act --
6 (a) do not come into operation; and
7 (b) are deleted on the day fixed under subsection (1)(e).
8 3. Terms used
9 In this Act --
10 applicable regulations means --
11 (a) if there are relevant local planning scheme regulations,
12 as defined in section 40(1), that deal with a matter in
13 relation to local planning schemes that is substantially
14 similar to the matter referred to in the provision in which
15 the term is used -- those relevant local planning scheme
16 regulations as they apply for the purposes of this Act
17 under section 40; or
18 (b) if there are no relevant local planning scheme
19 regulations of the kind referred to in paragraph (a) --
20 regulations made under section 41 for the purposes of
21 the provision in which the term is used;
22 chairperson has the meaning given in the Planning and
23 Development Act 2005 section 4(1);
24 Commission means the Western Australian Planning
25 Commission established by the Planning and Development
26 Act 2005 section 7(1);
27 Department means the department of the Public Service
28 principally assisting in the administration of this Act;
29 development has the meaning given in the Planning and
30 Development Act 2005 section 4(1);
page 3
Swan Valley Planning Bill 2020
Part 1 Preliminary
s. 3
1 EPA means the Environmental Protection Authority continued
2 in existence under the Environmental Protection Act 1986
3 section 7(1);
4 Heritage Council means the Heritage Council of Western
5 Australia established by the Heritage Act 2018 section 11(1);
6 Herne Hill townsite means the area in the Swan Valley
7 bounded by the Great Northern Highway to the west, McDonald
8 Street to the north, Railway Crescent to the east and Argyle
9 Street to the south;
10 improvement scheme has the meaning given in the Planning
11 and Development Act 2005 section 4(1);
12 land has the meaning given in the Planning and Development
13 Act 2005 section 4(1);
14 local planning scheme has the meaning given in the Planning
15 and Development Act 2005 section 4(1);
16 Metropolitan Region Scheme has the meaning given in the
17 Planning and Development Act 2005 section 4(1);
18 Minister for Heritage means the Minister who administers the
19 Heritage Act 2018;
20 Minister for the Environment means the Minister who
21 administers the Environmental Protection Act 1986;
22 officer of the Commission has the meaning given in the
23 Planning and Development Act 2005 section 4(1);
24 public authority has the meaning given in the Planning and
25 Development Act 2005 section 4(1);
26 State planning policy has the meaning given in the Planning
27 and Development Act 2005 section 4(1);
28 State Register of Heritage Places means the register established
29 and maintained under the Heritage Act 2018 section 35(1);
30 Swan Valley has the meaning given in section 4(1);
31 Swan Valley local government means the local government for
32 the local government district that includes the Swan Valley;
page 4
Swan Valley Planning Bill 2020
Preliminary Part 1
s. 4
1 Swan Valley Planning Scheme means the Swan Valley
2 Planning Scheme in force under Part 2;
3 Swan Valley rural land means land in the Swan Valley that is
4 used, or is suitable to be used, for horticulture or viticulture;
5 Swan Valley Strategic Leadership Group means the committee
6 established by section 28(1).
7 4. Swan Valley
8 (1) For the purposes of this Act, the Swan Valley is the area
9 delineated in black on the plan number 0.0731 entitled "Area of
10 the Swan Valley" held at the office of the Commission and
11 certified by the Minister as the plan prepared for the purposes of
12 this section.
13 (2) The area delineated in black on the map in Schedule 1 is
14 indicative of the area of the Swan Valley.
15 (3) In any proceedings, a plan purporting to be a copy of the plan
16 referred to in subsection (1) showing the boundaries of the
17 Swan Valley is evidence of those boundaries.
18 5. Objects of Act
19 (1) The objects of this Act are --
20 (a) to protect the Swan Valley as a productive agricultural
21 area within the Perth metropolitan region; and
22 (b) to maintain the rural character and conserve the heritage
23 of the Swan Valley; and
24 (c) to ensure that horticulture, viticulture, hobby farming
25 and equestrian activities remain the principal land uses
26 in the Swan Valley; and
27 (d) to discourage land uses in the Swan Valley that are
28 incompatible with its rural character and the principal
29 land uses referred to in paragraph (c); and
page 5
Swan Valley Planning Bill 2020
Part 1 Preliminary
s. 6
1 (e) to ensure that tourism and hospitality in the Swan Valley
2 are consistent with the objects in paragraphs (a) to (d);
3 and
4 (f) other than in the Herne Hill townsite, to prevent new
5 residential development in the Swan Valley except for
6 single houses on single lots in keeping with the rural
7 character of the Swan Valley; and
8 (g) to avoid overstocking, clearing of natural vegetation,
9 activities causing pollution or degradation of the
10 environment, or any other land management practices
11 detrimental to the Swan Valley; and
12 (h) to protect the natural environment of the Swan Valley,
13 including by reducing nutrient levels in the Swan River;
14 and
15 (i) to ensure that, for all development in the Swan Valley,
16 appropriate consideration is given to building setbacks,
17 retention of vegetation, suitable building materials and
18 boundary fencing; and
19 (j) to ensure that new non-rural development of Swan
20 Valley rural land is designed and located so as to reduce
21 any nuisance or other detrimental impacts that could
22 arise from existing or future uses of other Swan Valley
23 rural land for horticulture or viticulture; and
24 (k) to ensure that development and subdivision in the Swan
25 Valley are only permitted if this does not prevent the
26 objects in paragraphs (a) to (j) from being satisfied.
27 (2) A person exercising a power or performing a function under this
28 Act, or under the Planning and Development Act 2005 in
29 relation to the Swan Valley Planning Scheme, must have regard
30 to the objects of this Act.
page 6
Swan Valley Planning Bill 2020
Preliminary Part 1
s. 6
1 6. Act binds Crown
2 This Act binds the Crown in right of Western Australia and, so
3 far as the legislative power of the Parliament permits, the Crown
4 in all its other capacities.
page 7
Swan Valley Planning Bill 2020
Part 2 Swan Valley Planning Scheme
Division 1 Nature and effect of scheme
s. 7
1 Part 2 -- Swan Valley Planning Scheme
2 Division 1 -- Nature and effect of scheme
3 7. Swan Valley Planning Scheme
4 (1) A scheme called the Swan Valley Planning Scheme is to be
5 prepared by the Commission and approved by the Minister in
6 accordance with this Part.
7 (2) The Swan Valley Planning Scheme is a planning scheme for the
8 purposes of the Planning and Development Act 2005.
9 8. Scheme has legislative effect
10 (1) The Swan Valley Planning Scheme has legislative effect.
11 (2) For the purposes of the Interpretation Act 1984, the Swan
12 Valley Planning Scheme is subsidiary legislation made under
13 this Act.
14 (3) The Interpretation Act 1984 section 41 does not apply to the
15 Swan Valley Planning Scheme or to an amendment of the Swan
16 Valley Planning Scheme.
17 9. Effect of scheme for Planning and Development Act 2005
18 (1) In this section --
19 relevant planning scheme means --
20 (a) the Metropolitan Region Scheme; or
21 (b) the local planning scheme that applies to land in the
22 Swan Valley immediately before the scheme start day;
23 or
24 (c) any improvement scheme that applies to land in the
25 Swan Valley immediately before the scheme start day;
page 8
Swan Valley Planning Bill 2020
Swan Valley Planning Scheme Part 2
Contents of scheme Division 2
s. 10
1 scheme start day means the day on which the first Swan Valley
2 Planning Scheme comes into operation.
3 (2) On and from the scheme start day --
4 (a) each relevant planning scheme ceases to apply --
5 (i) to land in the Swan Valley; and
6 (ii) to any development of that land that commenced
7 on or after that day;
8 and
9 (b) the Planning and Development Act 2005 continues to
10 apply to land and development referred to in
11 paragraph (a), but the planning scheme that applies to
12 that land and development is the Swan Valley Planning
13 Scheme.
14 Division 2 -- Contents of scheme
15 10. Contents of scheme
16 (1) The Swan Valley Planning Scheme must be consistent with the
17 objects of this Act.
18 (2) The Swan Valley Planning Scheme may, subject to
19 subsection (1) and sections 12 and 13 --
20 (a) include any provision that the Commission considers
21 will promote the orderly and proper planning,
22 development and management of the Swan Valley; and
23 (b) make provision, in relation to land in the Swan Valley,
24 for all or any of the purposes, provisions, powers or
25 works referred to in the Planning and Development
26 Act 2005 Schedule 7; and
27 (c) without limiting paragraphs (a) and (b), confer functions
28 on the Commission.
page 9
Swan Valley Planning Bill 2020
Part 2 Swan Valley Planning Scheme
Division 2 Contents of scheme
s. 11
1 11. Scheme may incorporate provisions of other planning
2 instruments
3 (1) The Swan Valley Planning Scheme may incorporate, with or
4 without modifications, any of the following --
5 (a) provisions of a State planning policy;
6 (b) provisions of the Metropolitan Region Scheme;
7 (c) model provisions, as defined in the Planning and
8 Development Act 2005 section 257A(1);
9 (d) deemed provisions, as defined in the Planning and
10 Development Act 2005 section 257B(1).
11 (2) If the Swan Valley Planning Scheme incorporates provisions
12 (the incorporated provisions) referred to in subsection (1) --
13 (a) the scheme is to have effect as if the incorporated
14 provisions, as in force from time to time, or any
15 subsequent provisions by which the incorporated
16 provisions are replaced, were set out in full in the
17 scheme; and
18 (b) the provisions are to have effect as part of the scheme
19 subject to any modifications set out in the scheme.
20 (3) Modifications referred to in subsection (2)(b) prevail over any
21 later amendments of the incorporated provisions, or subsequent
22 provisions referred to in subsection (2)(a), that are inconsistent
23 with the modifications.
24 12. Planning areas and provisions about subdivision and
25 minimum lot sizes
26 (1) The Swan Valley Planning Scheme must provide for the Swan
27 Valley to be divided into planning areas (the Swan Valley
28 planning areas).
29 (2) The Swan Valley Planning Scheme must set out planning
30 objectives for --
31 (a) the whole of the Swan Valley; and
page 10
Swan Valley Planning Bill 2020
Swan Valley Planning Scheme Part 2
Contents of scheme Division 2
s. 13
1 (b) each of the Swan Valley planning areas.
2 (3) The Swan Valley Planning Scheme must, for each of the Swan
3 Valley planning areas, either --
4 (a) provide that subdivision of land is prohibited in that
5 area; or
6 (b) set out a minimum lot size that applies to subdivision of
7 land in that area and provide that land in that area must
8 not be subdivided into lots smaller than that minimum
9 lot size.
10 (4) Nothing in this section prevents the Swan Valley Planning
11 Scheme from providing for zones and reserves in the Swan
12 Valley.
13 13. Provisions to ensure non-rural development designed to
14 minimise impacts from rural land uses
15 (1) In this section --
16 non-rural development means residential development, tourism
17 or hospitality development, or any other development, that is
18 not related to horticulture, viticulture, hobby farming or
19 equestrian activities.
20 (2) The Swan Valley Planning Scheme must include provisions for
21 the purpose of ensuring that any new non-rural development of
22 Swan Valley rural land is designed and located so as to
23 minimise any nuisance or other detrimental impacts that could
24 arise from existing or possible future uses of other Swan Valley
25 rural land for horticulture or viticulture.
26 (3) The provisions referred to in subsection (2) may, without
27 limitation, include provisions relating to setbacks or otherwise
28 dealing with the position of buildings on lots.
page 11
Swan Valley Planning Bill 2020
Part 2 Swan Valley Planning Scheme
Division 3 Making and amending scheme
s. 14
1 Division 3 -- Making and amending scheme
2 Subdivision 1 -- Preliminary
3 14. Term used: proposed scheme or amendment
4 In this Division --
5 proposed scheme or amendment means --
6 (a) the first proposed Swan Valley Planning Scheme; or
7 (b) a proposed Swan Valley Planning Scheme to replace the
8 existing Swan Valley Planning Scheme; or
9 (c) a proposed amendment of the Swan Valley Planning
10 Scheme.
11 15. First proposed scheme
12 The Commission must prepare the first proposed Swan Valley
13 Planning Scheme in accordance with this Part and submit it for
14 approval by the Minister under Subdivision 4 as soon as
15 practicable after the day on which this section comes into
16 operation.
17 Note for this section:
18 Under s. 43, the process to be followed in preparing the first proposed
19 Swan Valley Planning Scheme is different from the process that
20 applies under Subdivisions 2 and 3.
21 16. Replacement or amendment of scheme
22 (1) The Swan Valley Planning Scheme may be --
23 (a) repealed by a subsequent Swan Valley Planning Scheme
24 prepared by the Commission and approved by the
25 Minister in accordance with this Part; or
26 (b) amended by an amendment prepared by the Commission
27 and approved by the Minister in accordance with this
28 Part.
page 12
Swan Valley Planning Bill 2020
Swan Valley Planning Scheme Part 2
Making and amending scheme Division 3
s. 17
1 (2) The Commission may, from time to time, prepare for approval
2 by the Minister --
3 (a) a proposed Swan Valley Planning Scheme to replace the
4 existing Swan Valley Planning Scheme; or
5 (b) a proposed amendment of the Swan Valley Planning
6 Scheme.
7 Subdivision 2 -- Processes to be followed in preparing proposed
8 scheme or amendment
9 17. Matters to which Commission must have regard
10 In preparing a proposed scheme or amendment, the Commission
11 must have regard to the following --
12 (a) the objects of this Act;
13 (b) any State planning policy that affects the Swan Valley;
14 (c) any strategic document in force under the Swan and
15 Canning Rivers Management Act 2006 Part 4
16 Division 2;
17 (d) the views of any person or body consulted under
18 section 18;
19 (e) any advice of the Heritage Council on referral under
20 section 19(2).
21 18. Consultation requirements
22 Before submitting a proposed scheme or amendment to the
23 Minister, the Commission must --
24 (a) consult the Swan Valley Strategic Leadership Group;
25 and
26 (b) consult the Swan Valley local government; and
27 (c) make reasonable endeavours to consult any public
28 authorities or persons that appear to the Commission to
29 have an interest in the proposed scheme or amendment.
page 13
Swan Valley Planning Bill 2020
Part 2 Swan Valley Planning Scheme
Division 3 Making and amending scheme
s. 19
1 19. Referral to Heritage Council
2 (1) This section applies to a proposed scheme or amendment that
3 affects or may affect any land or waters in the Swan Valley if --
4 (a) the land or waters are the subject of an entry in the State
5 Register of Heritage Places; or
6 (b) the Heritage Council has commenced a review under the
7 Heritage Act 2018 section 40 in relation to the land or
8 waters, but --
9 (i) the Heritage Council has not yet made a
10 recommendation, and has not yet decided not to
11 make a recommendation, under that section; or
12 (ii) the Heritage Council has made a
13 recommendation under that section but the
14 Minister for Heritage has not yet given a
15 direction under section 41(1) of that Act in
16 relation to that recommendation;
17 or
18 (c) the land or waters are the subject of an entry in a local
19 heritage survey prepared under the Heritage Act 2018.
20 (2) As soon as practicable after preparing the proposed scheme or
21 amendment, the Commission must refer the proposed scheme or
22 amendment to the Heritage Council for advice.
23 (3) The Commission must not proceed, without the consent of the
24 Minister, with the proposed scheme or amendment unless the
25 advice of the Heritage Council has been received.
26 20. Referral to EPA
27 As soon as practicable after preparing a proposed scheme or
28 amendment, the Commission must refer the proposed scheme or
29 amendment to the EPA by giving to the EPA --
30 (a) a copy of the proposed scheme or amendment; and
31 (b) any other written information about the proposed
32 scheme or amendment that is necessary to enable the
page 14
Swan Valley Planning Bill 2020
Swan Valley Planning Scheme Part 2
Making and amending scheme Division 3
s. 21
1 EPA to comply with the Environmental Protection
2 Act 1986 section 48A in relation to the proposed scheme
3 or amendment.
4 21. Environmental review to be undertaken if required by EPA
5 (1) This section applies if, for the purposes of assessing a proposed
6 scheme or amendment referred to the EPA under section 20, the
7 EPA has under the Environmental Protection Act 1986
8 section 48C(1)(a) --
9 (a) required the Commission, if it wishes the proposed
10 scheme or amendment to proceed, to undertake an
11 environmental review of the proposed scheme or
12 amendment and report on it to the EPA; and
13 (b) issued instructions (the review instructions) concerning
14 the scope and content of that environmental review.
15 (2) If the Commission wishes to proceed with the proposed scheme
16 or amendment, the Commission must undertake, or cause under
17 section 22 to be undertaken, an environmental review of the
18 proposed scheme or amendment in accordance with the review
19 instructions.
20 (3) The Commission must not advertise the proposed scheme or
21 amendment under section 23 until --
22 (a) the Commission has given the report on the
23 environmental review to the EPA; and
24 (b) either of the following occurs --
25 (i) the EPA advises that the review has been
26 undertaken in accordance with the review
27 instructions;
28 (ii) the period of 30 days beginning on the day on
29 which the report on the review is given to the
30 EPA expires without the EPA having advised
31 whether or not the review has been undertaken in
32 accordance with the review instructions.
page 15
Swan Valley Planning Bill 2020
Part 2 Swan Valley Planning Scheme
Division 3 Making and amending scheme
s. 22
1 (4) If the EPA advises that the review has not been undertaken in
2 accordance with the review instructions, the Commission
3 may --
4 (a) comply with subsection (2); or
5 (b) request the Minister to consult the Minister for the
6 Environment and, if possible, agree with that Minister
7 on whether or not the review has been undertaken in
8 accordance with those instructions.
9 (5) If the Minister complies with a request made under
10 subsection (4)(b) and --
11 (a) agrees with the Minister for the Environment on whether
12 or not the review has been undertaken in accordance
13 with the review instructions -- their decision is final and
14 without appeal or review; or
15 (b) cannot agree with the Minister for the Environment on
16 whether or not the review has been undertaken in
17 accordance with the review instructions -- the
18 Environmental Protection Act 1986 section 48J applies.
19 (6) The Commission may, in accordance with the applicable
20 regulations, recover the expenses incurred by the Commission
21 in undertaking an environmental review in accordance with the
22 review instructions.
23 22. Environmental review to be undertaken by land owner in
24 some circumstances
25 (1) This section applies if --
26 (a) the Commission is required under section 21(2) to
27 undertake an environmental review of a proposed
28 scheme or amendment in accordance with the review
29 instructions referred to in that section; and
30 (b) the proposed scheme or amendment was prepared at the
31 request of an owner of land to which the proposed
32 scheme or amendment relates.
page 16
Swan Valley Planning Bill 2020
Swan Valley Planning Scheme Part 2
Making and amending scheme Division 3
s. 23
1 (2) The Commission may, by written notice served on the owner of
2 land, request the owner to undertake an environmental review of
3 the proposed scheme or amendment in accordance with the
4 review instructions.
5 (3) If an owner of land served with a notice under subsection (2)
6 wishes the proposed scheme or amendment to proceed, the
7 owner must undertake the environmental review in accordance
8 with the review instructions and give it to the Commission.
9 Subdivision 3 -- Advertising proposed scheme or amendment
10 23. Advertising proposed scheme or amendment
11 After complying with sections 20 and 21 (if applicable) in
12 relation to a proposed scheme or amendment, the Commission
13 must, in accordance with the applicable regulations --
14 (a) advertise the proposed scheme or amendment for public
15 inspection; and
16 (b) consider public submissions on the proposed scheme or
17 amendment.
18 24. Commission's duties if proposed scheme or amendment to
19 be assessed under Environmental Protection Act 1986
20 (1) This section applies if the Commission has been informed by
21 the EPA under the Environmental Protection Act 1986
22 section 48A(1)(b)(i) that a proposed scheme or amendment
23 referred to the EPA under section 20 should be assessed by the
24 EPA under Part IV Division 3 of that Act.
25 (2) The Commission must --
26 (a) as soon as practicable, but in any event within 7 days
27 after the expiry of the period during which the proposed
28 scheme or amendment is advertised under section 23,
29 give the EPA a copy of each submission --
30 (i) made during that period; and
page 17
Swan Valley Planning Bill 2020
Part 2 Swan Valley Planning Scheme
Division 3 Making and amending scheme
s. 25
1 (ii) relating wholly or partly to environmental issues
2 raised by the proposed scheme or amendment;
3 and
4 (b) within 42 days, or any longer period that the Minister
5 allows, after the expiry of the period referred to in
6 paragraph (a), inform the EPA of its views on and
7 response to the environmental issues raised by the
8 submissions referred to in paragraph (a).
9 Subdivision 4 -- Approving and publicising scheme or amendment
10 25. Approval of proposed scheme or amendment
11 (1) After complying with the applicable requirements of
12 Subdivisions 2 and 3 in relation to a proposed scheme or
13 amendment, the Commission must submit the proposed scheme
14 or amendment to the Minister.
15 (2) If a proposed scheme or amendment is submitted under this
16 section, the Minister may --
17 (a) subject to subsection (3) and section 26, approve the
18 proposed scheme or amendment; or
19 (b) require the Commission to modify the proposed scheme
20 or amendment in any manner that the Minister specifies
21 before the proposed scheme or amendment is
22 resubmitted for the Minister's approval under this
23 subsection; or
24 (c) refuse to approve the proposed scheme or amendment.
25 (3) The Minister must not approve a proposed scheme or
26 amendment under subsection (2)(a) unless the Minister is
27 satisfied that the proposed scheme or amendment is consistent
28 with the objects of this Act.
29 (4) The Minister must notify the Commission in writing of a
30 decision under subsection (2).
page 18
Swan Valley Planning Bill 2020
Swan Valley Planning Scheme Part 2
Making and amending scheme Division 3
s. 26
1 26. Approval of scheme or amendment referred to EPA
2 (1) The Minister must not under section 25(2)(a) approve a
3 proposed scheme or amendment referred to the EPA under
4 section 20 if the Minister has reached agreement with the
5 Minister for the Environment under the Environmental
6 Protection Act 1986 section 48A(2)(b) in relation to the
7 proposed scheme or amendment.
8 (2) The Minister must not under section 25(2)(a) approve a
9 proposed scheme or amendment referred to the EPA under
10 section 20 unless --
11 (a) the EPA has informed the Minister under the
12 Environmental Protection Act 1986 section 48A(1)(a)
13 that the EPA considers that the proposed scheme or
14 amendment should not be assessed by the EPA under
15 Part IV Division 3 of that Act; or
16 (b) the Minister --
17 (i) has received a statement under the
18 Environmental Protection Act 1986
19 section 48F(2) in respect of the conditions, if
20 any, to which the proposed scheme or
21 amendment is subject; and
22 (ii) is satisfied that the conditions, if any, have been
23 incorporated into the proposed scheme or
24 amendment;
25 or
26 (c) both --
27 (i) a decision has been made under the
28 Environmental Protection Act 1986 section 48J
29 in respect of the conditions, if any, to which the
30 proposed scheme or amendment is subject; and
page 19
Swan Valley Planning Bill 2020
Part 2 Swan Valley Planning Scheme
Division 3 Making and amending scheme
s. 27
1 (ii) the Minister is satisfied that the conditions, if
2 any, have been incorporated into the proposed
3 scheme or amendment;
4 or
5 (d) the period of 28 days referred to in the Environmental
6 Protection Act 1986 section 48A(1)(b)(i) has expired
7 without the EPA having informed the Commission
8 under that section.
9 27. Publication, advertisement and commencement of approved
10 scheme or amendment
11 (1) If the Minister approves a Swan Valley Planning Scheme or an
12 amendment of the Swan Valley Planning Scheme (the approved
13 scheme or amendment), the Commission must, as soon as
14 practicable after being notified of the approval --
15 (a) ensure that the approved scheme or amendment is
16 published in the Gazette; and
17 (b) advertise the approved scheme or amendment in
18 accordance with the applicable regulations; and
19 (c) ensure that copies of the approved scheme or
20 amendment are made available to the public.
21 (2) An approved scheme or amendment comes into operation on the
22 day on which the approved scheme or amendment is published
23 under subsection (1)(a) or on a later day specified in the
24 approved scheme or amendment.
25 (3) It is sufficient compliance with subsection (1)(a) if the approved
26 scheme or amendment is published in the Gazette without any
27 maps, plans or diagrams that form part of the approved scheme
28 or amendment.
page 20
Swan Valley Planning Bill 2020
Swan Valley Strategic Leadership Group Part 3
s. 28
1 Part 3 -- Swan Valley Strategic Leadership Group
2 28. Swan Valley Strategic Leadership Group established
3 (1) A committee called the Swan Valley Strategic Leadership
4 Group is established.
5 (2) The Swan Valley Strategic Leadership Group is to consist of the
6 following persons appointed by the Minister --
7 (a) a presiding member;
8 (b) 6 other members.
9 (3) The Minister is to ensure that each person appointed under
10 subsection (2)(b) --
11 (a) has practical knowledge or experience that is relevant to
12 the functions of the Swan Valley Strategic Leadership
13 Group; or
14 (b) is otherwise an appropriate person to represent the
15 interests of Swan Valley residents and businesses.
16 (4) The Swan Valley Strategic Leadership Group may establish 1 or
17 more committees to assist it in the performance of its functions.
18 (5) Subject to the regulations, the Swan Valley Strategic Leadership
19 Group may determine its own procedures.
20 29. Functions of Swan Valley Strategic Leadership Group
21 (1) The Swan Valley Strategic Leadership Group has the following
22 functions --
23 (a) to give information to the Minister on matters relating to
24 the Swan Valley, including --
25 (i) the protection of the Swan Valley as a productive
26 agricultural region within the Perth metropolitan
27 region; and
28 (ii) the promotion and marketing of horticulture,
29 viticulture, tourism, hospitality, hobby farming
30 and equestrian activities in the Swan Valley; and
page 21
Swan Valley Planning Bill 2020
Part 3 Swan Valley Strategic Leadership Group
s. 30
1 (iii) the enhancement and protection of the cultural
2 heritage, built heritage, recreation and landscape
3 values of the Swan Valley;
4 (b) to prepare reports or other documents in relation to any
5 of the matters referred to in paragraph (a);
6 (c) to comment on any proposed Swan Valley Planning
7 Scheme or proposed amendment of the Swan Valley
8 Planning Scheme;
9 (d) to comment on any proposed policies, schemes or
10 instruments under the Planning and Development
11 Act 2005 or another written law that affect the Swan
12 Valley;
13 (e) to provide direction and support to public authorities,
14 industry, commerce and the community in relation to the
15 Swan Valley and furthering the objects of this Act;
16 (f) any other functions given to the Swan Valley Strategic
17 Leadership Group by this Act or another written law.
18 (2) It is not a function of the Swan Valley Strategic Leadership
19 Group to provide advice or comments, or to prepare reports or
20 other documents, in relation to particular applications for
21 approval of subdivision or development in the Swan Valley.
22 (3) The Swan Valley Strategic Leadership Group may do all things
23 necessary or convenient to be done for or in connection with the
24 performance of its functions.
25 30. Remuneration
26 A member of the Swan Valley Strategic Leadership Group is
27 entitled to be paid the remuneration and allowances (if any)
28 determined in respect of the member by the Minister on the
29 recommendation of the Public Sector Commissioner.
30 31. Use of staff and facilities of public authorities
31 (1) The Swan Valley Strategic Leadership Group may, by
32 arrangement with the relevant employing authority, make use
page 22
Swan Valley Planning Bill 2020
Swan Valley Strategic Leadership Group Part 3
s. 32
1 either full-time or part-time of the services of any officer or
2 employee employed --
3 (a) in the Public Service; or
4 (b) in a State agency; or
5 (c) otherwise in the service of the State.
6 (2) The Swan Valley Strategic Leadership Group may, by
7 arrangement with a department of the Public Service or a State
8 agency, make use of any facilities of the department or agency.
9 (3) An arrangement under subsection (1) or (2) must be made on
10 terms agreed to by the parties.
11 32. Regulations about Swan Valley Strategic Leadership Group
12 The regulations may make provision for or in relation to the
13 Swan Valley Strategic Leadership Group, including --
14 (a) the constitution of the Group, including term of office,
15 vacancies and resignation or termination of members;
16 and
17 (b) the procedures of the Group.
page 23
Swan Valley Planning Bill 2020
Part 4 Swan Valley Statutory Planning Committee
s. 33
1 Part 4 -- Swan Valley Statutory Planning Committee
2 33. Swan Valley Statutory Planning Committee established
3 (1) The Commission must establish a committee of the Commission
4 to be known as the Swan Valley Statutory Planning Committee.
5 (2) The Swan Valley Statutory Planning Committee is to consist
6 of --
7 (a) the chairperson or, if another person has been nominated
8 by the chairperson and approved by the Minister under
9 the Planning and Development Act 2005 Schedule 2
10 clause 4(2)(a), that person; and
11 (b) 5 other persons appointed by the Commission, with the
12 approval of the Minister, who must be members of the
13 Statutory Planning Committee established under the
14 Planning and Development Act 2005 Schedule 2
15 clause 4; and
16 (c) 1 other person appointed by the Commission, with the
17 approval of the Minister, to represent the Swan Valley
18 local government; and
19 (d) 2 other persons appointed by the Commission, with the
20 approval of the Minister, to represent the interests of
21 Swan Valley residents and businesses.
22 (3) The Commission is to ensure that each person appointed under
23 subsection (2)(d) --
24 (a) has practical knowledge or experience that is relevant to
25 horticulture, viticulture, cultural heritage, landscape
26 protection, tourism, hospitality, hobby farming or
27 equestrian activities in the Swan Valley; or
28 (b) is otherwise an appropriate person to represent the
29 interests of Swan Valley residents and businesses.
page 24
Swan Valley Planning Bill 2020
Swan Valley Statutory Planning Committee Part 4
s. 34
1 34. Functions of Swan Valley Statutory Planning Committee
2 (1) The Swan Valley Statutory Planning Committee has the
3 function of exercising the powers or duties delegated to it under
4 subsection (2).
5 (2) The Commission may, by resolution, delegate to the Swan
6 Valley Statutory Planning Committee any power or duty of the
7 Commission under the Planning and Development Act 2005,
8 another provision of this Act or another written law.
9 (3) The Commission must ensure that the following are delegated to
10 the Swan Valley Statutory Planning Committee under
11 subsection (2) --
12 (a) the functions of the Commission under Part 2 of this
13 Act;
14 (b) the functions that the Commission has under the
15 Planning and Development Act 2005 as the responsible
16 authority for the Swan Valley Planning Scheme;
17 (c) the functions of the Commission under the Swan and
18 Canning Rivers Management Act 2006 Parts 4 and 5;
19 (d) substantially the same functions of the Commission
20 under the Planning and Development Act 2005 as are
21 delegated to the Statutory Planning Committee
22 established under the Planning and Development
23 Act 2005 Schedule 2 clause 4, but only to the extent that
24 those functions relate to land and development in the
25 Swan Valley.
26 (4) The Commission must not delegate a function referred to in
27 subsection (3)(a) to (c) to another person or body under the
28 Planning and Development Act 2005 section 16(1).
page 25
Swan Valley Planning Bill 2020
Part 4 Swan Valley Statutory Planning Committee
s. 35
1 35. Subdelegation of functions by Swan Valley Statutory
2 Planning Committee
3 (1) The Swan Valley Statutory Planning Committee may, by
4 resolution, subdelegate any power or duty of the Commission
5 delegated to it under section 34(2).
6 (2) A subdelegation under subsection (1) may be made to --
7 (a) a member or associate member (as those terms are
8 defined in the Planning and Development Act 2005
9 section 4(1)); or
10 (b) a subcommittee; or
11 (c) an officer of the Commission; or
12 (d) a public authority or a member or officer of a public
13 authority; or
14 (e) the Swan Valley local government; or
15 (f) a committee of the council of the Swan Valley local
16 government; or
17 (g) an employee of the Swan Valley local government.
18 (3) A person or committee to whom a function is subdelegated
19 under subsection (1) cannot subdelegate that function.
20 36. General provisions about delegation under s. 34 and 35
21 (1) A resolution referred to in section 34(2) or 35(1) takes effect
22 when notice of the resolution is published in the Gazette.
23 (2) A person or committee exercising or performing a power or
24 duty that has been delegated or subdelegated to the person or
25 committee under section 34 or 35 is taken to do so in
26 accordance with the terms of the delegation or subdelegation
27 unless the contrary is shown.
28 (3) Nothing in section 34 or 35 limits the ability of the Commission
29 or the Swan Valley Statutory Planning Committee to perform a
30 function through an officer or agent.
page 26
Swan Valley Planning Bill 2020
Miscellaneous Part 5
s. 37
1 Part 5 -- Miscellaneous
2 37. Delegation by Minister
3 (1) The Minister may delegate to a person any power or duty of the
4 Minister under another provision of this Act.
5 (2) The delegation must be in writing signed by the Minister.
6 (3) A person to whom a power or duty is delegated under this
7 section cannot delegate that power or duty.
8 (4) A person exercising or performing a power or duty that has been
9 delegated to the person under this section is taken to do so in
10 accordance with the terms of the delegation unless the contrary
11 is shown.
12 (5) Nothing in this section limits the ability of the Minister to
13 perform a function through an officer or agent.
14 38. Protection from liability
15 (1) An action in tort does not lie against a person for anything that
16 the person has done, in good faith, in the performance or
17 purported performance of a function under this Act.
18 (2) The protection given by subsection (1) applies even though the
19 thing done as described in that subsection may have been
20 capable of being done whether or not this Act had been enacted.
21 (3) Despite subsection (1), neither the Commission nor the State
22 nor a local government is relieved of any liability that it might
23 have for another person having done anything as described in
24 that subsection.
25 (4) In this section, a reference to the doing of anything includes a
26 reference to an omission to do anything.
page 27
Swan Valley Planning Bill 2020
Part 5 Miscellaneous
s. 39
1 39. Certain references in written laws to include Swan Valley
2 Planning Scheme or things done under scheme
3 (1) A reference in a written law to a planning scheme or scheme
4 under, or in force under, the Planning and Development
5 Act 2005 includes, where the context requires, a reference to the
6 Swan Valley Planning Scheme.
7 (2) A reference in a written law to approval of development under
8 the Planning and Development Act 2005 includes, where the
9 context requires, a reference to approval of development under
10 the Swan Valley Planning Scheme.
11 (3) A reference in a written law to requirements under the Planning
12 and Development Act 2005 includes, where the context requires,
13 a reference to requirements under this Act.
14 (4) This section does not apply to references in this Act or the
15 Planning and Development Act 2005.
16 40. Application of regulations under Planning and Development
17 Act 2005
18 (1) In this section --
19 relevant local planning scheme regulations --
20 (a) means regulations made under the Planning and
21 Development Act 2005 section 258, 259 or 261; but
22 (b) does not include any regulations or provisions of
23 regulations prescribed for the purposes of this
24 paragraph.
25 (2) Relevant local planning scheme regulations apply for the
26 purposes of this Act as if --
27 (a) the Swan Valley Planning Scheme were a local planning
28 scheme; and
29 (b) a reference to a local government were a reference to the
30 Commission.
page 28
Swan Valley Planning Bill 2020
Miscellaneous Part 5
s. 41
1 (3) Relevant local planning scheme regulations apply under
2 subsection (2) with any modifications prescribed by regulations
3 made for the purposes of this subsection and any other
4 necessary modifications.
5 (4) If regulations made under the Planning and Development
6 Act 2005 section 261 are relevant local planning scheme
7 regulations, the Commission may, in relation to the Swan
8 Valley Planning Scheme, impose fees under those regulations as
9 if it were a local government and that section applies
10 accordingly.
11 41. Regulations
12 (1) The Governor may make regulations prescribing matters --
13 (a) required or permitted by this Act to be prescribed; or
14 (b) necessary or convenient to be prescribed for giving
15 effect to the purposes of this Act.
16 (2) Without limiting subsection (1), the regulations may --
17 (a) make provision for or in relation to the making of
18 applications for the purposes of this Act, including the
19 manner in which applications are to be made and the
20 procedure to be followed; and
21 (b) prescribe forms for the purposes of this Act; and
22 (c) make provision for or in relation to the imposition,
23 collection and recovery of fees and charges for the
24 purposes of this Act; and
25 (d) confer functions on the Commission, the Swan Valley
26 Strategic Leadership Group, the chief executive officer
27 of the Department or any other person; and
28 (e) make provision for or in relation to the Swan Valley
29 Planning Scheme, including --
30 (i) the form of the scheme; and
31 (ii) the matters for which the scheme may or must
32 provide; and
page 29
Swan Valley Planning Bill 2020
Part 5 Miscellaneous
s. 41
1 (iii) the process for the preparation, advertisement,
2 approval and amendment of the scheme; and
3 (iv) review of the scheme; and
4 (v) the interaction of the scheme with any plans or
5 other instruments made under the Planning and
6 Development Act 2005;
7 and
8 (f) make provision with respect to the persons from whom,
9 and the means by which, the Commission may recover
10 expenses incurred by it in undertaking an environmental
11 review required by the Environmental Protection
12 Act 1986 section 48C(1)(a) in relation to a proposed
13 Swan Valley Planning Scheme or amendment of the
14 Swan Valley Planning Scheme; and
15 (g) provide for offences against the regulations and
16 prescribe penalties for those offences not exceeding a
17 fine of $50 000.
page 30
Swan Valley Planning Bill 2020
Transitional provisions Part 6
s. 42
1 Part 6 -- Transitional provisions
2 42. Terms used
3 In this Part --
4 relevant planning scheme has the meaning given in
5 section 9(1);
6 scheme start day has the meaning given in section 9(1).
7 43. Process for making first Swan Valley Planning Scheme
8 (1) Part 2 Division 3 Subdivisions 2 and 3 do not apply to the first
9 proposed Swan Valley Planning Scheme (the first proposed
10 scheme) that the Commission is required under section 15 to
11 prepare and submit to the Minister for approval.
12 (2) However, the Commission must not submit the first proposed
13 scheme to the Minister for approval under section 25(1)
14 unless --
15 (a) the Commission has had regard to the matters referred to
16 in section 17(a) to (c); and
17 (b) the Commission has given a draft of the first proposed
18 scheme to the Minister and the Minister has --
19 (i) given the draft to each of the EPA and the
20 Heritage Council; and
21 (ii) requested each of the EPA and the Heritage
22 Council to give advice on the draft;
23 and
24 (c) the Commission has --
25 (i) consulted the Swan Valley local government
26 about the first proposed scheme; and
27 (ii) made reasonable endeavours to consult any
28 public authorities or persons that appear to the
29 Commission to have an interest in the first
30 proposed scheme; and
page 31
Swan Valley Planning Bill 2020
Part 6 Transitional provisions
s. 44
1 (iii) had regard to the views of any person or body
2 consulted under subparagraph (i) or (ii); and
3 (iv) had regard to any advice received by the Minister
4 from the EPA and the Heritage Council in
5 response to the request referred to in
6 paragraph (b)(ii).
7 (3) For the purposes of subsection (2), it does not matter whether
8 any consultation was undertaken, or any other thing was done,
9 before, on or after the day on which this section came into
10 operation.
11 44. Application of Interpretation Act 1984
12 Except to the extent that this Part expressly provides
13 differently --
14 (a) the Interpretation Act 1984 applies in relation to the
15 repeal of an enactment by Part 7; and
16 (b) the Interpretation Act 1984 applies in relation to
17 section 9(2) as if --
18 (i) each relevant planning scheme were an
19 enactment; and
20 (ii) section 9(2) repealed each relevant planning
21 scheme, to the extent that the scheme applies to
22 the land and development referred to in that
23 section, on the scheme start day.
24 45. Existing lawful or approved development
25 (1) Section 9(2) and the Swan Valley Planning Scheme do not
26 apply in relation to a development that was lawfully being
27 carried out in the Swan Valley immediately before the scheme
28 start day.
page 32
Swan Valley Planning Bill 2020
Transitional provisions Part 6
s. 46
1 (2) A development referred to in subsection (1) or in relation to
2 which all necessary approvals under the relevant planning
3 schemes were in force immediately before the scheme start
4 day --
5 (a) may be lawfully carried out as if section 9(2) and the
6 Swan Valley Planning Scheme were not in operation;
7 and
8 (b) is governed by the relevant planning schemes despite
9 section 9(2).
10 46. Applications for approval not finalised on scheme start day
11 (1) This section applies if, on the scheme start day, an application
12 for approval under a relevant planning scheme in relation to
13 land in the Swan Valley has been made but not decided.
14 (2) On and after the scheme start day, the application is taken to be
15 made under, and the decision on the application must be made
16 in accordance with, the Swan Valley Planning Scheme rather
17 than the relevant planning scheme.
18 (3) If before the scheme start day, under regulations made for the
19 purposes of the Planning and Development Act 2005 Part 11A,
20 the application was to be determined by a DAP (as defined in
21 section 4(1) of that Act), on and after the scheme start day the
22 application must be decided in accordance with the Swan Valley
23 Planning Scheme by the Commission rather than the DAP.
24 47. State Administrative Tribunal review not finalised on
25 scheme start day
26 (1) This section applies if, on the scheme start day --
27 (a) an application to the State Administrative Tribunal
28 under the Planning and Development Act 2005 Part 14
29 has been made for a review of a decision (the reviewed
30 decision) under a relevant planning scheme in relation to
31 land in the Swan Valley; and
page 33
Swan Valley Planning Bill 2020
Part 6 Transitional provisions
s. 48
1 (b) the Tribunal has not made a final decision on the
2 application.
3 (2) On and after the scheme start day --
4 (a) the reviewed decision is taken to be a decision under the
5 Swan Valley Planning Scheme; and
6 (b) the Tribunal's decision on the application for review is
7 to be made in accordance with the Swan Valley
8 Planning Scheme rather than the relevant planning
9 scheme.
10 48. Transitional regulations
11 (1) In this section --
12 specified means specified or described in the regulations;
13 transitional matter --
14 (a) means a matter or issue of a transitional nature that
15 arises as a result of --
16 (i) the enactment of this Act; or
17 (ii) the repeal of the Swan Valley Planning Act 1995;
18 and
19 (b) includes a saving or application matter.
20 (2) If there is not sufficient provision in this Act for dealing with a
21 transitional matter, regulations under this Act may prescribe all
22 matters that are required, or are necessary or convenient, to be
23 prescribed for dealing with the transitional matter.
24 (3) If regulations made under subsection (2) provide that a specified
25 state of affairs is taken to have existed, or not to have existed,
26 on and from a day that is earlier than the day on which the
27 regulations are published in the Gazette but not earlier than the
28 day on which this section comes into operation, the regulations
29 have effect according to their terms.
page 34
Swan Valley Planning Bill 2020
Transitional provisions Part 6
s. 48
1 (4) If regulations made under subsection (2) contain a provision of
2 a kind described in subsection (3), the provision does not
3 operate so as to --
4 (a) affect in a manner prejudicial to any person (other than
5 the State or an authority of the State) the rights of that
6 person existing before the day of publication of those
7 regulations; or
8 (b) impose liabilities on any person (other than the State or
9 an authority of the State) in respect of anything done or
10 omitted to be done before the day of publication of those
11 regulations.
page 35
Swan Valley Planning Bill 2020
Part 7 Repeals
s. 49
1 Part 7 -- Repeals
2 49. Swan Valley Planning Act 1995 repealed
3 The Swan Valley Planning Act 1995 is repealed.
4 50. Swan Valley Planning Regulations 1995 repealed
5 The Swan Valley Planning Regulations 1995 are repealed.
page 36
Swan Valley Planning Bill 2020
Amendments to this Act commencing on later of proclamation Part 8
and commencement of Planning and Development
Amendment Act 2020 provisions
s. 51
1 Part 8 -- Amendments to this Act commencing on
2 later of proclamation and commencement of Planning
3 and Development Amendment Act 2020 provisions
4 51. Act amended
5 This Part amends this Act.
6 52. Section 3 amended
7 In section 3 insert in alphabetical order:
8
9 planning code has the meaning given in the Planning
10 and Development Act 2005 section 4(1);
11
12 53. Section 11 amended
13 In section 11(1)(a) delete "State planning policy;" and insert:
14
15 planning code;
16
17 54. Section 20 amended
18 (1) In section 20 delete "As soon" and insert:
19
20 (1) As soon
21
22 (2) At the end of section 20 insert:
23
24 (2) Despite subsection (1), a proposed scheme or
25 amendment of a class prescribed by regulations under
26 the Environmental Protection Act 1986
27 section 48AAA(2) is not required to be referred to the
28 EPA.
29
page 37
Swan Valley Planning Bill 2020
Part 9 Planning and Development Act 2005 amended
s. 55
1 Part 9 -- Planning and Development Act 2005 amended
2 55. Act amended
3 This Part amends the Planning and Development Act 2005.
4 56. Section 4 amended
5 (1) In section 4(1) delete the definitions of:
6 Swan Valley
7 Swan Valley Planning Committee
8 (2) In section 4(1) insert in alphabetical order:
9
10 Swan Valley has the meaning given in the Swan Valley
11 Planning Act 2020 section 3;
12 Swan Valley Planning Scheme has the meaning given
13 in the Swan Valley Planning Act 2020 section 3;
14
15 (3) In section 4(1) in the definition of planning scheme:
16 (a) delete "this Act" and insert:
17
18 this Act, or the Swan Valley Planning Scheme that has
19 effect under the Swan Valley Planning Act 2020,
20
21 (b) in paragraph (a) delete "the provisions of the scheme"
22 and insert:
23
24 in the case of a local planning scheme, region planning
25 scheme or improvement scheme that has effect under
26 this Act -- the provisions of the scheme
27
page 38
Swan Valley Planning Bill 2020
Planning and Development Act 2005 amended Part 9
s. 57
1 (c) after paragraph (a) insert:
2
3 (aa) in the case of the Swan Valley Planning
4 Scheme -- the provisions of the scheme
5 being --
6 (i) the provisions set out in the scheme; and
7 (ii) any provisions of a kind referred to in
8 the Swan Valley Planning Act 2020
9 section 11 that, with any modifications
10 set out in the scheme, have effect under
11 that section as part of the scheme;
12 and
13
14 (4) In section 4(1) in the definition of responsible authority
15 paragraph (c) delete "improvement scheme," and insert:
16
17 improvement scheme or the Swan Valley Planning Scheme,
18
19 57. Section 13 amended
20 In section 13 after "Schedule 2" insert:
21
22 or the Swan Valley Planning Act 2020 section 33
23
24 58. Section 14 amended
25 In section 14:
26 (a) in paragraph (j) delete "scheme or improvement
27 scheme" and insert:
28
29 scheme, an improvement scheme or the Swan Valley
30 Planning Scheme
31
page 39
Swan Valley Planning Bill 2020
Part 9 Planning and Development Act 2005 amended
s. 59
1 (b) in paragraph (k) delete "Schedule 2; and" and insert:
2
3 Schedule 2 and the Swan Valley Planning Act 2020; and
4
5 (c) in paragraph (l) delete "schemes and improvement
6 schemes; and" and insert:
7
8 schemes, improvement schemes and the Swan Valley
9 Planning Scheme; and
10
11 (d) in paragraph (m) delete "this or any other written law."
12 and insert:
13
14 this Act, the Swan Valley Planning Act 2020 or any
15 other written law.
16
17 59. Section 19 amended
18 In section 19 delete "that Schedule." and insert:
19
20 that Schedule or the Swan Valley Planning Act 2020 section 33.
21
22 60. Section 20 amended
23 In section 20(1) after "this Act" insert:
24
25 or the Swan Valley Planning Act 2020
26
page 40
Swan Valley Planning Bill 2020
Planning and Development Act 2005 amended Part 9
s. 61
1 61. Section 32C amended
2 In section 32C(2):
3 (a) in paragraph (b) delete "122B(1))." and insert:
4
5 122B(1)); or
6
7 (b) after paragraph (b) insert:
8
9 (c) into the Swan Valley Planning Scheme
10 under the Swan Valley Planning Act 2020
11 section 11(1)(a).
12
13 62. Section 36 amended
14 In section 36:
15 (a) in paragraph (d) delete "Act." and insert:
16
17 Act; or
18
19 (b) after paragraph (d) insert:
20
21 (e) without limiting the Swan Valley Planning
22 Act 2020 section 9, to make any provision in
23 respect of any land in the Swan Valley once the
24 first Swan Valley Planning Scheme has come
25 into operation under that Act.
26
27 63. Section 40 deleted
28 Delete section 40.
29 64. Section 47 deleted
30 Delete section 47.
page 41
Swan Valley Planning Bill 2020
Part 9 Planning and Development Act 2005 amended
s. 65
1 65. Section 48 amended
2 In section 48(1) delete "Subject to section 47, after --" and
3 insert:
4
5 After --
6
7 66. Section 49 amended
8 In section 49 delete the passage that begins with "If -- " and
9 ends with "scheme or amendment under section 48," and insert:
10
11 If the report of the Commission submitted with a scheme or
12 amendment under section 48
13
14 67. Section 57 amended
15 Delete section 57(2).
16 68. Section 71 amended
17 In section 71:
18 (a) in paragraph (b) delete "that Act." and insert:
19
20 that Act; or
21
22 (b) after paragraph (b) insert:
23
24 (c) without limiting the Swan Valley Planning
25 Act 2020 section 9, to make any provision in
26 respect of any land in the Swan Valley once the
27 first Swan Valley Planning Scheme has come
28 into operation under that Act.
29
30 Note: The heading to amended section 71 is to read:
31 Scheme not to apply to redevelopment area or Swan Valley
page 42
Swan Valley Planning Bill 2020
Planning and Development Act 2005 amended Part 9
s. 69
1 69. Section 78 deleted
2 Delete section 78.
3 70. Section 112 amended
4 Delete section 112(3).
5 71. Section 119 amended
6 In section 119(3A):
7 (a) in paragraph (c) delete "2006." and insert:
8
9 2006; or
10
11 (b) after paragraph (c) insert:
12
13 (d) in the Swan Valley.
14
15 72. Section 122B amended
16 Delete section 122B(2).
17 73. Section 123 amended
18 In section 123(2):
19 (a) after "a region planning scheme" insert:
20
21 or the Swan Valley Planning Scheme
22
23 (b) delete "scheme." and insert:
24
25 scheme or (if relevant) the Swan Valley Planning
26 Scheme.
27
28 Note: The heading to amended section 123 is to read:
29 Local planning scheme or local law to be consistent with region
30 planning scheme or Swan Valley Planning Scheme
page 43
Swan Valley Planning Bill 2020
Part 9 Planning and Development Act 2005 amended
s. 74
1 74. Section 130 amended
2 In section 130:
3 (a) in paragraph (c) delete "scheme," and insert:
4
5 scheme; and
6
7 (b) after paragraph (c) insert:
8
9 (d) the Swan Valley Planning Scheme,
10
11 75. Section 131 amended
12 (1) In section 131(1) after "local planning scheme" insert:
13
14 or the Swan Valley Planning Scheme
15
16 (2) After section 131(2) insert:
17
18 (3) In the exercise of any power conferred on it by the
19 Swan Valley Planning Scheme the Commission is
20 obliged to have regard to any regulations made under
21 the Building Act 2011.
22
23 76. Section 131A inserted
24 After section 131 insert:
25
26 131A. Relationship between Swan Valley Planning Scheme
27 and other planning schemes or policies
28 (1) The Minister may, by notice published in the Gazette,
29 make any amendments to a region planning scheme,
page 44
Swan Valley Planning Bill 2020
Planning and Development Act 2005 amended Part 9
s. 77
1 local planning scheme or improvement scheme that are
2 necessary as a result of the Swan Valley Planning
3 Act 2020 section 9.
4 (2) On and after the day on which the first Swan Valley
5 Planning Scheme comes into operation under the Swan
6 Valley Planning Act 2020, a State planning policy that
7 applies to land in the Swan Valley has no effect to the
8 extent that it is inconsistent with the Swan Valley
9 Planning Scheme.
10 (3) The Minister may, by notice published in the Gazette,
11 amend a State planning policy so that the policy is
12 consistent with the Swan Valley Planning Scheme in
13 relation to land in the Swan Valley.
14 (4) An amendment in a notice published under
15 subsection (1) or (3) has effect, by force of this
16 subsection and without further action under this Act, on
17 the day on which it is published or a later day stated in
18 the notice (which must not be earlier than the day on
19 which the first Swan Valley Planning Scheme comes
20 into operation under the Swan Valley Planning
21 Act 2020).
22
23 77. Section 134 amended
24 Delete section 134(3) to (8).
25 Note: The heading to amended section 134 is to read:
26 Relationship of Part to some other laws
page 45
Swan Valley Planning Bill 2020
Part 9 Planning and Development Act 2005 amended
s. 78
1 78. Section 138A inserted
2 After section 138 insert:
3
4 138A. Commission's functions when approving
5 subdivision etc. in Swan Valley
6 (1) In this section --
7 scheme start day means the day on which the first
8 Swan Valley Planning Scheme comes into operation
9 under the Swan Valley Planning Act 2020.
10 (2) On and after the scheme start day, section 138(2) to (4)
11 do not apply in relation to the Commission giving an
12 approval under section 135 or 136 relating to land in
13 the Swan Valley (a Swan Valley approval).
14 (3) Subject to subsection (4), in giving a Swan Valley
15 approval on or after the scheme start day, the
16 Commission --
17 (a) must have regard to the provisions of the Swan
18 Valley Planning Scheme; and
19 (b) must not give an approval that conflicts with
20 the provisions of the Swan Valley Planning
21 Scheme.
22 (4) The Commission may give a Swan Valley approval
23 that conflicts with the provisions of the Swan Valley
24 Planning Scheme on or after the scheme start day if the
25 approval is given in circumstances set out in the
26 regulations.
27
page 46
Swan Valley Planning Bill 2020
Planning and Development Act 2005 amended Part 9
s. 79
1 79. Section 170 amended
2 (1) In section 170(1A) in the definition of responsible authority
3 paragraph (b) delete "scheme --" and insert:
4
5 scheme or the Swan Valley Planning Scheme --
6
7 (2) In section 170(1)(c) delete "local government" and insert:
8
9 responsible authority
10
11 80. Section 171A amended
12 After section 171A(2) insert:
13
14 (2A) A development application that relates to land in the
15 Swan Valley cannot be a prescribed development
16 application.
17
18 81. Section 175 amended
19 (1) In section 175 delete "When" and insert:
20
21 (1) When
22
23 (2) At the end of section 175 insert:
24
25 (2) When land is alleged to be injuriously affected by the
26 making of the first Swan Valley Planning Scheme, no
27 compensation is payable in respect of the injurious
28 affection if or so far as the relevant provisions of the
29 Swan Valley Planning Scheme were also contained in
30 a relevant planning scheme (as defined in the Swan
page 47
Swan Valley Planning Bill 2020
Part 9 Planning and Development Act 2005 amended
s. 82
1 Valley Planning Act 2020 section 9) that applied to the
2 Swan Valley before the scheme start day referred to in
3 that section.
4 (3) A reference in this section to provisions includes a
5 reference to maps, plans and diagrams.
6
7 82. Section 181 amended
8 After section 181(16) insert:
9
10 (16A) The reference in subsection (1)(b) to the planning
11 scheme being amended or revoked includes, in relation
12 to land in the Swan Valley for which compensation for
13 injurious affection was paid before the scheme start
14 day referred to in the Swan Valley Planning Act 2020
15 section 9 --
16 (a) a reference to that planning scheme ceasing to
17 apply, and the first Swan Valley Planning
18 Scheme beginning to apply instead, under the
19 Swan Valley Planning Act 2020 section 9; and
20 (b) a reference to the making of a subsequent Swan
21 Valley Planning Scheme or the amendment of
22 the Swan Valley Planning Scheme.
23
24 83. Section 196 amended
25 (1) In section 196(1) and (2) delete "scheme" (each occurrence) and
26 insert:
27
28 scheme, Swan Valley Planning Scheme
29
page 48
Swan Valley Planning Bill 2020
Planning and Development Act 2005 amended Part 9
s. 84
1 (2) In section 196(4) after "region planning scheme" insert:
2
3 or the Swan Valley Planning Scheme
4
5 84. Section 197 amended
6 (1) In section 197(1):
7 (a) delete "scheme or" (1st occurrence) and insert:
8
9 scheme, the Swan Valley Planning Scheme or an
10
11 (b) delete "scheme or" (2nd occurrence) and insert:
12
13 scheme, Swan Valley Planning Scheme or
14
15 (2) In section 197(2) delete "scheme or" and insert:
16
17 scheme, Swan Valley Planning Scheme or
18
19 85. Section 198 amended
20 In section 198(1) delete "Scheme" and insert:
21
22 Scheme, the Swan Valley Planning Scheme
23
page 49
Swan Valley Planning Bill 2020
Part 9 Planning and Development Act 2005 amended
s. 86
1 86. Section 199 amended
2 (1) In section 199(1):
3 (a) delete "effect to the Metropolitan Region Scheme" and
4 insert:
5
6 effect to the Metropolitan Region Scheme, the Swan
7 Valley Planning Scheme
8
9 (b) in paragraph (b)(i) after "Scheme," (1st occurrence)
10 insert:
11
12 the Swan Valley Planning Scheme,
13
14 (c) in paragraph (b)(i) after "Scheme," (2nd occurrence)
15 insert:
16
17 Swan Valley Planning Scheme,
18
19 (d) in paragraph (b)(ii) delete "Scheme" and insert:
20
21 Scheme, Swan Valley Planning Scheme
22
23 (2) In section 199(2) delete "2011 or the Hope Valley-Wattleup
24 Redevelopment Act 2000." and insert:
25
26 2011, the Hope Valley-Wattleup Redevelopment Act 2000 or the
27 Swan Valley Planning Act 2020.
28
page 50
Swan Valley Planning Bill 2020
Planning and Development Act 2005 amended Part 9
s. 87
1 87. Section 217 amended
2 After section 217(5) insert:
3
4 (6) If the assessed scheme to which this section applies is
5 the Swan Valley Planning Scheme or an amendment to
6 that scheme, a reference in this section to the Minister
7 is to be read as a reference to the Minister responsible
8 for the administration of the Swan Valley Planning
9 Act 2020.
10
11 88. Section 218 amended
12 In section 218(b) delete "scheme or improvement scheme" and
13 insert:
14
15 scheme, an improvement scheme or the Swan Valley Planning
16 Scheme
17
18 89. Section 241 amended
19 In section 241(1):
20 (a) in paragraph (b) delete "application." and insert:
21
22 application; and
23
24 (b) after paragraph (b) insert:
25
26 (c) in the case of an application that relates to the
27 Swan Valley Planning Scheme -- the objects
28 set out in the Swan Valley Planning Act 2020
29 section 5.
30
page 51
Swan Valley Planning Bill 2020
Part 9 Planning and Development Act 2005 amended
s. 90
1 90. Section 252 amended
2 In section 252(2) delete "scheme or an improvement scheme"
3 and insert:
4
5 scheme, an improvement scheme or the Swan Valley Planning
6 Scheme
7
8 91. Section 266 amended
9 (1) In section 266(1) in the definition of function delete "this Act;"
10 and insert:
11
12 this Act or the Swan Valley Planning Act 2020;
13
14 (2) In section 266(1) in the definition of meeting delete "this Act;"
15 and insert:
16
17 this Act or the Swan Valley Planning Act 2020;
18
19 (3) In section 266(1) in the definition of member paragraph (c)
20 delete "Schedule 2;" and insert:
21
22 Schedule 2 or the Swan Valley Planning Act 2020 section 33;
23
24 (4) In section 266(5)(a) and (b) after "this Act" insert:
25
26 or the Swan Valley Planning Act 2020
27
28 Note: The heading to amended section 266 is to read:
29 Duties and liabilities of persons performing functions under
30 this Act or Swan Valley Planning Act 2020
page 52
Swan Valley Planning Bill 2020
Planning and Development Act 2005 amended Part 9
s. 92
1 92. Section 269 amended
2 In section 269(1) in the definition of legal instrument delete
3 paragraph (b)(iv) and insert:
4
5 (iv) the Swan Valley Planning Act 2020;
6
7 93. Schedule 2 clause 1 amended
8 (1) In Schedule 2 clause 1(1) delete "to 9," and insert:
9
10 to 9 and the Swan Valley Planning Act 2020 section 33,
11
12 (2) In Schedule 2 clause 1(2) delete "Schedule," and insert:
13
14 Schedule and the Swan Valley Planning Act 2020,
15
16 (3) In Schedule 2 clause 1(6) delete "section 16," and insert:
17
18 section 16 or the Swan Valley Planning Act 2020 section 34,
19
20 94. Schedule 2 clause 2 amended
21 In Schedule 2 clause 2(1) delete "7(2)(h), (i) or 8(2)(d)." and
22 insert:
23
24 7(2)(h) or (i) or 8(2)(d) or under the Swan Valley Planning Act 2020
25 section 33(2)(c).
26
page 53
Swan Valley Planning Bill 2020
Part 10 Other Acts amended
Division 1 Control of Vehicles (Off-road Areas) Act 1978 amended
s. 95
1 Part 10 -- Other Acts amended
2 Division 1 -- Control of Vehicles (Off-road Areas) Act 1978
3 amended
4 95. Act amended
5 This Division amends the Control of Vehicles (Off-road Areas)
6 Act 1978.
7 96. Section 16 amended
8 In section 16(5)(d) delete "2005." and insert:
9
10 2005 or the Swan Valley Planning Scheme in force under the
11 Swan Valley Planning Act 2020.
12
13 97. Section 47 amended
14 In section 47(1) delete "2005" and insert:
15
16 2005, or the Swan Valley Planning Scheme has been or is made
17 under the Swan Valley Planning Act 2020,
18
19 Division 2 -- Electricity Corporations Act 2005 amended
20 98. Act amended
21 This Division amends the Electricity Corporations Act 2005.
page 54
Swan Valley Planning Bill 2020
Other Acts amended Part 10
Environmental Protection Act 1986 amended Division 3
s. 99
1 99. Section 60 amended
2 In section 60(3):
3 (a) in paragraph (c) delete "scheme," and insert:
4
5 scheme; or
6
7 (b) after paragraph (c) insert:
8
9 (d) the Swan Valley Planning Scheme,
10
11 (c) delete "in force under that Act" and insert:
12
13 as defined in section 4(1) of that Act
14
15 Division 3 -- Environmental Protection Act 1986 amended
16 100. Act amended
17 This Division amends the Environmental Protection Act 1986.
18 101. Section 3 amended
19 (1) In section 3(1) in the definition of assessed scheme after
20 paragraph (a) insert:
21
22 (aa) includes the first Swan Valley Planning
23 Scheme submitted in accordance with the Swan
24 Valley Planning Act 2020 section 43 and
25 approved under section 25(2)(a) of that Act;
26
page 55
Swan Valley Planning Bill 2020
Part 10 Other Acts amended
Division 3 Environmental Protection Act 1986 amended
s. 101
1 (2) In section 3(1) in the definition of final approval after
2 paragraph (ab) insert:
3
4 (b) prepared under the Swan Valley Planning
5 Act 2020, means an approval under
6 section 25(2)(a) of that Act; or
7
8 (3) In section 3(1) in the definition of period of public review after
9 paragraph (ab) insert:
10
11 (b) prepared under the Swan Valley Planning
12 Act 2020, means the period of advertisement
13 for public inspection that applies for the
14 purposes of section 23 of that Act; or
15
16 (4) In section 3(1) in the definition of responsible authority after
17 paragraph (a)(iii) insert:
18
19 (iv) prepared under the Swan Valley
20 Planning Act 2020, means the Western
21 Australian Planning Commission; or
22
23 (5) In section 3(1) in the definition of scheme after paragraph (c)
24 insert:
25
26 (d) the Swan Valley Planning Scheme, as defined
27 in the Swan Valley Planning Act 2020
28 section 3, or an amendment of that Scheme; or
29
page 56
Swan Valley Planning Bill 2020
Other Acts amended Part 10
Heritage Act 2018 amended Division 4
s. 102
1 (6) In section 3(1) in the definition of scheme Act after
2 paragraph (c) insert:
3
4 (d) the Swan Valley Planning Act 2020;
5
6 102. Section 48AAA amended
7 In section 48AAA(1) in the definition of relevant scheme after
8 "paragraph" insert:
9
10 (d),
11
12 103. Section 48C amended
13 In section 48C(7) in the definition of public review after
14 paragraph (ab) insert:
15
16 (b) prepared under the Swan Valley Planning
17 Act 2020, means the procedure referred to in
18 sections 23 and 25(1) of that Act; or
19
20 Division 4 -- Heritage Act 2018 amended
21 104. Act amended
22 This Division amends the Heritage Act 2018.
23 105. Section 85 amended
24 In section 85 in the definition of planning instrument:
25 (a) in paragraph (c) delete "2000." and insert:
26
27 2000; or
28
page 57
Swan Valley Planning Bill 2020
Part 10 Other Acts amended
Division 5 Jetties Act 1926 amended
s. 106
1 (b) after paragraph (c) insert:
2
3 (d) the Swan Valley Planning Scheme in force
4 under the Swan Valley Planning Act 2020.
5
6 Division 5 -- Jetties Act 1926 amended
7 106. Act amended
8 This Division amends the Jetties Act 1926.
9 107. Section 7 amended
10 In section 7(3) delete "section 70 or under the Metropolitan
11 Region Scheme as that term is" and insert:
12
13 section 70, or under the Metropolitan Region Scheme or the
14 Swan Valley Planning Scheme as those terms are
15
16 Division 6 -- Land Tax Assessment Act 2002 amended
17 108. Act amended
18 This Division amends the Land Tax Assessment Act 2002.
19 109. Section 15 amended
20 In section 15(3)(b) delete "local planning scheme or an
21 improvement scheme." and insert:
22
23 local planning scheme, an improvement scheme or the Swan
24 Valley Planning Scheme.
25
page 58
Swan Valley Planning Bill 2020
Other Acts amended Part 10
Local Government Act 1995 amended Division 7
s. 110
1 110. Glossary amended
2 In the Glossary clause 1 insert in alphabetical order:
3
4 Swan Valley Planning Scheme has the meaning given in
5 the Planning and Development Act 2005 section 4(1);
6
7 Division 7 -- Local Government Act 1995 amended
8 111. Act amended
9 This Division amends the Local Government Act 1995.
10 112. Section 6.33 amended
11 In section 6.33(1)(a) delete "local planning scheme or
12 improvement scheme in force under" and insert:
13
14 planning scheme as defined in
15
16 Division 8 -- Marine and Harbours Act 1981 amended
17 113. Act amended
18 This Division amends the Marine and Harbours Act 1981.
19 114. Section 12 amended
20 In section 12(3) delete "2006 or under the Metropolitan Region
21 Scheme as that term is" and insert:
22
23 2006, or under the Metropolitan Region Scheme or the Swan
24 Valley Planning Scheme as those terms are
25
page 59
Swan Valley Planning Bill 2020
Part 10 Other Acts amended
Division 9 Metropolitan Redevelopment Authority Act 2011 amended
s. 115
1 Division 9 -- Metropolitan Redevelopment Authority Act 2011
2 amended
3 115. Act amended
4 This Division amends the Metropolitan Redevelopment
5 Authority Act 2011.
6 116. Section 3 amended
7 In section 3 insert in alphabetical order:
8
9 Swan Valley has the meaning given in the Swan Valley
10 Planning Act 2020 section 3;
11
12 117. Section 30 amended
13 In section 30(1)(a) delete "region; and" and insert:
14
15 region (other than the Swan Valley); and
16
17 Division 10 -- Planning and Development Amendment Act 2020
18 amended
19 118. Act amended
20 This Division amends the Planning and Development
21 Amendment Act 2020.
22 119. Section 25 deleted
23 Delete section 25.
24 120. Section 30 deleted
25 Delete section 30.
page 60
Swan Valley Planning Bill 2020
Other Acts amended Part 10
Railway (METRONET) Act 2018 amended Division 11
s. 121
1 Division 11 -- Railway (METRONET) Act 2018 amended
2 121. Act amended
3 This Division amends the Railway (METRONET) Act 2018.
4 122. Section 5 amended
5 (1) In section 5 insert in alphabetical order:
6
7 Swan Valley Planning Scheme has the meaning given
8 in the Swan Valley Planning Act 2020 section 3.
9
10 (2) In section 5 in the definition of railway land delete "railways."
11 and insert:
12
13 railways;
14
15 123. Section 6 amended
16 In section 6 delete "Scheme," and insert:
17
18 Scheme or the Swan Valley Planning Scheme,
19
20 Division 12 -- Sale of Land Act 1970 amended
21 124. Act amended
22 This Division amends the Sale of Land Act 1970.
page 61
Swan Valley Planning Bill 2020
Part 10 Other Acts amended
Division 13 Soil and Land Conservation Act 1945 amended
s. 125
1 125. Section 16 amended
2 In section 16 delete "local planning scheme or improvement
3 scheme," and insert:
4
5 planning scheme,
6
7 Division 13 -- Soil and Land Conservation Act 1945 amended
8 126. Act amended
9 This Division amends the Soil and Land Conservation Act 1945.
10 127. Schedule amended
11 In the Schedule insert in alphabetical order:
12
13 Swan Valley Planning Act 2020
14
15 Division 14 -- Strata Titles Act 1985 amended
16 128. Act amended
17 This Division amends the Strata Titles Act 1985.
18 129. Section 223A inserted
19 After section 223 insert:
20
21 223A. Application in Swan Valley
22 On and after the day on which the first Swan Valley
23 Planning Scheme comes into operation under the Swan
24 Valley Planning Act 2020, this Act applies in relation
25 to land in the Swan Valley (as defined in section 3 of
26 that Act) as if --
page 62
Swan Valley Planning Bill 2020
Other Acts amended Part 10
Swan and Canning Rivers Management Act 2006 amended Division 15
s. 130
1 (a) a reference to a local planning scheme were a
2 reference to the Swan Valley Planning Scheme;
3 and
4 (b) a reference in sections 22 to 28 to a local
5 government were a reference to the Planning
6 Commission; and
7 (c) Schedule 2A clause 21W(3)(b) permitted a
8 discharge of an easement referred to in that
9 clause to be approved either by the Planning
10 Commission or by the local government.
11
12 Division 15 -- Swan and Canning Rivers Management Act 2006
13 amended
14 130. Act amended
15 This Division amends the Swan and Canning Rivers
16 Management Act 2006.
17 131. Section 57 amended
18 After section 57(b) insert:
19
20 (ba) the Western Australian Planning Commission;
21 and
22
23 132. Section 67 amended
24 (1) In section 67 delete the definitions of Swan Valley and Swan
25 Valley Planning Committee.
26 (2) In section 67 insert in alphabetical order:
27
28 Swan Valley has the meaning given in the Swan Valley
29 Planning Act 2020 section 3.
30
page 63
Swan Valley Planning Bill 2020
Part 10 Other Acts amended
Division 15 Swan and Canning Rivers Management Act 2006 amended
s. 133
1 (3) In section 67 in the definition of development application
2 paragraph (b) delete "government or redevelopment authority"
3 and insert:
4
5 government, redevelopment authority or the Western Australian
6 Planning Commission
7
8 133. Section 68 amended
9 In section 68(a) after "Region" insert:
10
11 Scheme or the Swan Valley Planning
12
13 134. Section 72 amended
14 (1) In section 72(1) delete "subsection (2)." and insert:
15
16 subsection (2) or (3).
17
18 (2) After section 72(2) insert:
19
20 (3) If a development is proposed to be carried out on land
21 in the Swan Valley, an application for development
22 approval must be made to the Western Australian
23 Planning Commission.
24
25 (3) In section 72(4) delete "(1) or (2)," and insert:
26
27 (1), (2) or (3),
28
page 64
Swan Valley Planning Bill 2020
Other Acts amended Part 10
Swan and Canning Rivers Management Act 2006 amended Division 15
s. 135
1 (4) Delete section 72(6) and insert:
2
3 (6) An application to which subsection (1), (2) or (3)
4 applies must be sent to the CEO by the local
5 government, redevelopment authority or Western
6 Australian Planning Commission, as the case requires,
7 within 7 days after it is made.
8
9 135. Section 73 amended
10 (1) In section 73(1)(d) delete "Swan Valley Planning Committee."
11 and insert:
12
13 Western Australian Planning Commission.
14
15 (2) In section 73(2) delete "and, where particulars are referred to
16 the Swan Valley Planning Committee, that committee,".
17 (3) In section 73(3)(b) delete "subsection and, where particulars
18 were referred to the Swan Valley Planning Committee, by that
19 Committee," and insert:
20
21 subsection,
22
23 136. Section 74 amended
24 Delete section 74(4) and insert:
25
26 (4) The CEO must send a notice under subsection (2) to --
27 (a) in the case of a proposed development to be
28 carried out on land in the Swan Valley -- the
29 Western Australian Planning Commission; or
page 65
Swan Valley Planning Bill 2020
Part 10 Other Acts amended
Division 15 Swan and Canning Rivers Management Act 2006 amended
s. 137
1 (b) otherwise -- each local government and
2 redevelopment authority for which the
3 proposed development appears to the CEO to
4 be a relevant matter as that term is defined in
5 section 73.
6 (4A) An entity sent a notice under subsection (4) must
7 display a copy of the notice at its public office until the
8 expiry of the period for making submissions under
9 subsection (5).
10
11 137. Section 75 amended
12 In section 75(3)(a)(ii) delete "section 73(1) and where notice
13 was given to the Swan Valley Planning Committee, that
14 committee; and" and insert:
15
16 section 73(1); and
17
18 138. Section 76 amended
19 In section 76(2)(a)(iii) delete "section 75 and where notice was
20 given to the Swan Valley Planning Committee, that committee;"
21 and insert:
22
23 section 75;
24
25 139. Section 80 amended
26 (1) Delete section 80(2)(d) and insert:
27
28 (d) if a development is proposed to be carried out
29 in the Swan Valley -- the Swan Valley
page 66
Swan Valley Planning Bill 2020
Other Acts amended Part 10
Water Agencies (Powers) Act 1984 amended Division 16
s. 140
1 Planning Scheme in force under the Swan
2 Valley Planning Act 2020.
3
4 (2) Delete section 80(5)(a)(iii).
5 140. Section 82 amended
6 In section 82(4)(a) delete "section 73(1) and, where notice was
7 given to the Swan Valley Planning Committee, to that
8 Committee; and" and insert:
9
10 section 73(1); and
11
12 141. Section 87 amended
13 In section 87(2)(a)(iii) delete "section 75 and where notice was
14 given to the Swan Valley Planning Committee, that Committee;
15 and" and insert:
16
17 section 75; and
18
19 Division 16 -- Water Agencies (Powers) Act 1984 amended
20 142. Act amended
21 This Division amends the Water Agencies (Powers) Act 1984.
22 143. Section 38 amended
23 In section 38(1) after "2005," insert:
24
25 or the Swan Valley Planning Scheme is in force under the Swan
26 Valley Planning Act 2020,
27
page 67
Swan Valley Planning Bill 2020
Part 10 Other Acts amended
Division 17 Water Services Act 2012 amended
s. 144
1 Note: The heading to amended section 38 is to read:
2 Revocation or amendment of local laws and planning schemes
3 Division 17 -- Water Services Act 2012 amended
4 144. Act amended
5 This Division amends the Water Services Act 2012.
6 145. Section 143 amended
7 In section 143(3)(c) delete "scheme (as" and insert:
8
9 scheme or the Swan Valley Planning Scheme (as those terms
10 are
11
12 146. Section 151 amended
13 In section 151(2)(c) delete "scheme (as" and insert:
14
15 scheme or the Swan Valley Planning Scheme (as those terms
16 are
17
18 Division 18 -- Waterways Conservation Act 1976 amended
19 147. Act amended
20 This Division amends the Waterways Conservation Act 1976.
21 148. Section 36 amended
22 After section 36(1)(f)(iia) insert:
23
24 (iib) the Swan Valley Planning Scheme;
25
page 68
Swan Valley Planning Bill 2020
Indicative map of Swan Valley Schedule 1
1 Schedule 1 -- Indicative map of Swan Valley
2 [s. 4(2)]
page 69
Swan Valley Planning Bill 2020
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
applicable regulations ........................................................................................... 3
approved scheme or amendment .................................................................... 27(1)
assent day ......................................................................................................... 2(1)
chairperson ............................................................................................................3
Commission ..........................................................................................................3
Department............................................................................................................3
development ..........................................................................................................3
EPA ....................................................................................................................... 3
first proposed scheme .................................................................................... 43(1)
Heritage Council ...................................................................................................3
Herne Hill townsite ............................................................................................... 3
improvement scheme ............................................................................................ 3
incorporated provisions .................................................................................. 11(2)
land ....................................................................................................................... 3
local planning scheme ........................................................................................... 3
Metropolitan Region Scheme................................................................................ 3
Minister for Heritage............................................................................................. 3
Minister for the Environment ................................................................................ 3
non-rural development ................................................................................... 13(1)
officer of the Commission .................................................................................... 3
proposed scheme or amendment ......................................................................... 14
public authority .....................................................................................................3
relevant local planning scheme regulations ................................................... 40(1)
relevant planning scheme ........................................................................... 9(1), 42
review instructions ......................................................................................... 21(1)
reviewed decision .......................................................................................... 47(1)
scheme start day ......................................................................................... 9(1), 42
specified ......................................................................................................... 48(1)
State planning policy............................................................................................. 3
State Register of Heritage Places ..........................................................................3
Swan Valley ................................................................................................. 3, 4(1)
Swan Valley local government .............................................................................3
Swan Valley planning areas ........................................................................... 12(1)
Swan Valley Planning Scheme .............................................................................3
Swan Valley rural land.......................................................................................... 3
Swan Valley Strategic Leadership Group ............................................................. 3
transitional matter .......................................................................................... 48(1)
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