Acts Amendment (Land Use Planning) Act 1981 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT (LAND

USE PLANNING).

No. 79 of 1981.

AN ACT to amend the Metropolitan Region Town

Planning Scheme Act 1959-1980 and the Town

Planning and Development Act 1928-1980.

[Assented to 9 November 1981.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

PART I-PRELIMINARY.

1.    This Act may be cited as the Acts Amendment Short title.

(Land Use Planning) Act 1981.

2.    This Act shall come into operation on a day goerence-

to be fixed by proclamation.

No. 79.1 Acts Amendment (Land Use 111981.

Planning).

PART II-METROPOLITAN REGION TOWN PLANNING

SCHEME ACT 1959-1980.

Citation.

Reprinted 3. (1) In this Part the Metropolitan Region

as approved Town Planning Scheme Act 1959-1980 is referred to

27 December

1978 and	as the principal Act.
amended by Act No. 115

of 1979, an d

Nos. 30, 73

and 78

1980. of

(2) The principal Act as amended by this Act may

be cited as the Metropolitan Region Town Planning

Scheme Act 1959-1981.

Section 4

amended. 4. Section 4 of the principal Act is amended by inserting, after "PART IV.—LOCAL AUTHORITY TOWN PLANNING SCHEMES.", the following-

" PART IVA.—P LA N N I N G CONTROL

AREAS. " .

Section 6

amended. 5. Section 6 of the principal Act is amended by

(a)	deleting "and" after the semi-colon at the end of the definition of "order"; and
(b)	inserting, after the definition of "order", the following definition-

tf "planning control area" means a

planning control area declared and in force under section 35C of this Act; " .

Section 19

amended. 6. Section 19 (1) of the principal Act is amended by inserting, after "this power of delegation", the following-

" and the functions conferred or imposed on the

Authority by Part IVA of this Act " .

1981.] Acts Amendment (Land Use [No. 79.

Planning).

7. After Part IV of the principal Act, the follow- filia.

ing Part is inserted

PART IVA.—PLANNING CONTROL AREAS.

35B. (1) This Part of this Act shall prevail Mettg.

over anything in

(a)	any other Part of this Act;
(b)	any town planning scheme that has effect under section 7 of the Town Planning Act;

(c) the Scheme; or

(d) the Town Planning Act,

to the extent of any inconsistency therewith.

(2) Nothing in this Part affects

(a) the continued use of any land in a planning control area for the purpose for which it was lawfully being used;

or

(b) the continuation and completion of the development of any land in a planning control area, including the erection, construction, alteration or carrying out, as the case requires, of any building, excavation or other works on that land, which development was lawfully being carried out,

immediately before the declaration of the

planning control area.

Declaration

35C. (1) If the Authority considers that any land situated in the metropolitan region may	of planning
control areas.
be required for one or more of the purposes specified in the Second Schedule to this Act, the Authority may by notice published in the Gazette and with the approval of the Minister declare that land to be a planning control area.

No. 79.] Acts Amendment (Land Use [1981.

Planning).

(2) The Authority may by notice published in the Gazette and with the approval of the Minister amend or revoke a declaration made under subsection (1) of this section.

A declaration made under subsection (1) of this section remains in force until

(3)

(a) the expiry of such period, not exceed- ing five years from the date on which the notice by which that declaration was so made was published in the Gazette, as is specified in that notice;

Or

(b) revoked under subsection (2) of this section,

whichever is the sooner.

No develop-

ment in	35D. A person shall not commence and carry
planning

control areas	out development in a planning control area
without
prior	except
approval.

(a)	with the prior approval of that development obtained under section 35E of this Act; and
(b)	in a manner which is in conformity with the approval referred to in para- graph (a) of this section and in accordance with the conditions, if any, subject to which that approval was given.

Penalty: $2 000 and, in the case of a continuing offence, a further fine of $200 for each day during which that offence continues.

Applications

for approval	35E. (1) A person who wishes to commence
of develop-

ment in	and carry out development in a planning control
planning
control	area shall apply in the prescribed form to the
areas.	local authority in the district of which the planning control area is situated for approval of that development and submit to that local authority such plans and other information as that local authority may reasonably require.

1981.] Acts Amendment (Land Use [No. 79.

Planning).

(2) The local authority to which an applica- tion is made under subsection (1) of this section shall, within 30 days of receiving the application, forward the application, together with its recom- mendation thereon, to the Authority for determination.

(3) After receiving an application and recom- mendation forwarded to it under subsection (2) of this section, the Authority may

(a) consult with any authority that in the circumstances it thinks appropriate; and

(b) having regard to-

(i)    the purpose for which the land to which that application relates is zoned or reserved under the Scheme;

(ii)   any special considerations relat- ing to the nature of the planning control area concerned and of the development to which that application relates; and

(iii)    the orderly and proper planning, and the amenities, of the locality in which the land to which that application relates is situated,

approve, subject to such conditions as it thinks

fit, or refuse to approve that application.

(4) If the Authority approves an application forwarded to it under subsection (2) of this section and the development concerned is carried out in a manner which is not in conformity with that approval, or any conditions subject to which that approval was given are not complied with, the Authority may revoke that approval, but this subsection does not prevent proceedings for an offence against section 35D of this Act in respect of that carrying

No. 79.] Acts Amendment (Land Use [1981.

Planning).

out or non-compliance alleged to have been committed during the subsistence of that approval.

(5) The Authority shall issue in the prescribed form to the applicant its decision on an applica- tion forwarded to it under subsection (2) of this section.

If the Authority has not within 60 days of receiving an application forwarded to it under subsection (2) of this section issued its decision on that application to the applicant, that application shall be deemed to have been refused.

(6)

Appeals. 35F. An applicant whose application has under section 35E of this Act been

(a) approved subject to conditions which are unacceptable to him; or

(b) refused,

may, except when that approval or refusal

(c) is in accordance with an operative town planning scheme or with the Scheme;

or

(d) relates to land which is reserved under the Scheme for a public purpose,

appeal against that approval or refusal under

Part V of the Town Planning Act. " .

Section 36A

amended. 8. Section 36A of the principal Act is amended by deleting the section designation "36A." and substituting the following-

" 36B. " .

1981.] Acts Amendment (Land Use [No. 79.

Planning).

Section 36B

9. Section 36B of the principal Act is amended amended.

by deleting the section designation "36B." and

substituting the following-

" 36C. "

10. following section is inserted After section 36 of the principal Act, the inserter 6A

Compensa-

36A. Compensation is payable in respect of

tion in

relation to

land injuriously affected by the declaration,

planning

control areas.

or by the amendment of the declaration, of a planning control area, and land so affected may be acquired by the Authority, in the same circumstances and to the same extent as if the land in the planning control area, instead of being in a planning control area, had been reserved under the Scheme for a public purpose. " .

11. Section 37 (6) of the principal Act is amenieg.7

amended-

(a) by repealing paragraph (a) and substitut- ing the following paragraph

ft

(a) The Authority shall hold for the purposes of the Scheme any land acquired by it under this Act or the Town Planning Act, including land purchased under section 36A of this Act or subsection (3) of this section, and may, subject to paragraphs (b) and (c) of this subsection, dispose of or alienate that land-

(i) for or in furtherance of the provisions or likely provisions of the Scheme; or

No. 79.] Acts Amendment (Land Use [1981.

Planning).

(ii) if that land is no longer required

by the Authority. " ;

(b)

in paragraph (b) by deleting "The Authority shall not" and substituting the following-

" Subject to paragraph (c) of this sub-

section, the Authority shall not " ; and

(c)

by inserting, after paragraph (b), the following paragraph

if

(c) In exercising a power to dispose of or alienate land conferred by this sub- section, the Authority shall have regard to the general principle that in such cases land acquired by the Auth- ority should, if in the opinion of the Minister it is practicable and appropri- ate to do so, be first offered for sale at a reasonable price determined by the Minister to the person from whom that land was so acquired. " .

Section 43

amended. 12. Section 43 of the principal Act is amended by

inserting, after subsection (1), the following sub-

section

(2) The Authority may by notice in writing served on the owner of any land situated in a planning control area direct him within such period, being not less than 40 days after the service of that notice, as is specified in that notice to cease any development carried out on that land in contravention of section 35D of this Act. " .

Section 43A

amended. 13. Section 43A (1) of the principal Act is amended by inserting, after "approval to commence" in paragraph (b), the following-

" or carry out " .

No. 79.] Acts Amendment (Land Use [1981.

Planning).

Second

14. After the First Schedule to the principal Act, Schedule

the following Schedule is inserted inserted.

CC

SECOND SCHEDULE. (Section 35C)

PURPOSES FOR WHICH LAND MAY BE REQUIRED.

Item. Purpose.

1.      Car parks.

2.      Civic and cultural amenities.

3.      Commonwealth Government.

4.      Highways and important regional roads.

5.      Hospitals.

6.      Metropolitan Water Supply, Sewerage, and Drain- age Board.

7.      Parks and recreation areas.

8.      Port installations.

9.      Prisons.

10. Railways.

11.      Schools.

12.      Special uses.

13.      State Energy Commission.

14.      State forests.

15.      Universities.

16.      Water catchments.

17.     Waterways. "

PART III—TOWN PLANNING AND DEVELOPMENT

ACT 1928-1980.

15. (1) In this Part the Town Planning and RC ietptint

Development Act 1928-1980 is referred to as the as approved

principal Act.	and amended
72 of 1980. by Act No.
(2) The principal Act as amended by this Act may be cited as the Town Planning and Development Act 1928-1981.

1981.] Acts Amendment (Land Use [No. 79.

Planning).

Section 37

amended. 16. Section 37 of the principal Act is amended in the definition of "appeal" by

(a)

deleting "and" after the semi-colon at the end of paragraph (b);

(b)

inserting "and" after the semi-colon at the end of paragraph (c); and

(c)

inserting, after paragraph (c), the following paragraph-

" (d) an appeal under section 35F of

the Metropolitan Region Town

Planning Scheme Act 1959; " .