Acts Amendment (State Planning Commission) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT (STATE

PLANNING COMMISSION).

No. 92 of 1985.

AN ACT to amend the Town Planning and Develop- ment Act 1928, the Metropolitan Region Town Planning Scheme Act 1959 and the Parlia- mentary Commissioner Act 1971.

[Assented to 4 December 1985.]

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 titie

(State Planning Commission) Act 1985.

Commence-

This Act shall come into operation on the day

fixed for the commencement of the State Planning

Commission Act 1985.

ment.

2.

No. 921	Acts Amendment (State	[1985.
Planning Commission).

PART IL-TOWN PLANNING AND DEVELOPMENT

ACT 1928.

Principal

Act.	3. In this Part the Town Planning and Develop-
Reprinted as

approved

ment Act 1928 is referred to as the principal Act.

22 May 19£41

and

amended by

Acts Nos. 107

of 1978, 72

of 1980, 79

of 1981, 73,

120 and 122

of 1982, 32

of 1983 and

7 of 1985.

Section 2

amended. 4. Section 2 of the principal Act is amended in

subsection (1)-

(a)	by deleting the definitions of "Authority" and "Board";
(b)	in the definition of "building line" by deleting "the Authority" in each place where it appears and substituting the fol- lowing

" the Commission ";

(c) by deleting the definitions of "Commis- sioner" and "Deputy Commissioner" and substituting the following-

" "Commission" means the State Plan- ning Commission established by section 4 of the State Planning Commission Act 1985; "; and

(d) in the definition of "lot" by deleting "Board" and substituting the following-

" Commission ".

Sections 3,

4, 5 and 5A	5. Sections 3, 4, 5 and 5A of the principal Act
repealed.

are repealed.

Section 5AA

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

(a) by repealing subsection (1) and substitut- ing the following-

" (1) Without limiting the generality

of section 18 of the State Planning

Commission Act 1985, the Commission

1985.]	Acts Amendment (State	[No. 92.
Planning Commission).

may, with the approval of the Minister, prepare statements of planning policy. "; and

(b) in subsections (3), (5) and (6) by deleting "Board or The Metropolitan Region Planning Authority, as the case may be,", in each place where it appears, and substituting the following-

" Commission ".

Section 9

7. Section 9 of the principal Act is amended amended.

(a) in subsection (4) in paragraph (a) by inserting immediately before "Board" the following

it Town Planning "; and

(b) in subsection (5) in the definition of "proper date" by inserting immediately before "Board" the following-

" Town Planning ".

8.    Section 25 of the principal Act is amended by 5e=3.5

deleting "board" and substituting the following-

" Commission ".

Section 29

9. Section 29 of the principal Act is amended by amended.

deleting "Commissioner or the Board" and sub-

stituting the following-

" Commission ".

References

10. The principal Act is amended by deleting to -Board"

"Board" wherever it appears in the provisions

amended.

referred to in the Schedule to this section and

substituting the following-

" Commission ".

No. 921	Acts Amendmen ( State	[1985.
Planning Commission).

SCHEDULE.

section 7B (2)

section 19 (1), (2), (3) and (4)

section 20 (1) (a) and (2)

section 20A

section 2013 (1) and (2)

section 20C (1) and (7)

section 21 (1) and (2)

section 22 (1), (2) and (3)

section 23 (a), (b), (c), (d), (f), (g) and (h)

section 24 (1), (2) and (3)

section 26 (1)

section 27A (1) (a)

section 28A (4) (a)

PART III—METROPOLITAN REGION TOWN PLANNING

SCHEME ACT 1959.

Principal

Act. 11. In this Part the Metropolitan Region Town

Reprinted as Planning Scheme Act 1959 is referred to as the

approved20

February

1984.          principal Act.

Long title

The long title to the principal Act is amended by deleting "for the purposes of constituting the Metropolitan Region Planning Authority," and sub- stituting the following-

amended. 12.

" and ".

Section 6

amended. 13. Section 6 of the principal Act is amended

(a) by deleting the definition of "Authority" and substituting the following definitions

"Authority" in sections 30, 31, 32, 33B,

33C and 37A (4a) means the Metro-

politan Region Planning Auth-

ority in existence under section 7

1985.]	Acts Amendment (State	(No. 92.
Planning Commission).

of this Act before the commence- ment of Part III of the Acts Amendment (State Planning Commission) Act 1985;

"Commission" means the State Plan- ning Commission established by section 4 of the State Planning Commission Act 1985;

"Council" means the Metropolitan Planning Council established by section 24 of the State Planning Commission Act 1985; ";

and

(b) by deleting the definitions of "Chairman",

"functions" and "member".

Heading to

14. The heading to Part II of the principal Act Part II

is deleted and the following heading is substituted substituted

" PART II-MISCELLANEOUS. ".

15.   Sections 7 to 22 of the principal Act are Sections7

epealed. repealed.

16.    Section 23 of the principal Act is amended in asie=p

subsection (3) by deleting ", as soon as practicable after the passing of this Act," and substituting the following-

" from time to time as occasion requires ".

Section 24

17. Section 24 of the principal Act is amended by amended.

repealing subsections (3) and (4) and substituting

the following subsection

CC (3) Each Committee shall perform such

functions of the Council as may be delegated to it under section 37 of the State Planning

Commission Act 1985. ".

No. 92.]	Acts Amendment (State	[1985.
Planning Commission).

Sections 25,

27, 27A, 28.	18.	Sections 25, 27, 27A, 28, 29 and 29A of the
29 and 29A

repealed.	principal Act are repealed.
Section 38

amended. 19. Section 38 of the principal Act is amended

(a) in subsection (2) by deleting paragraphs (b) and (c) and substituting the following paragraphs

C' (b) money borrowed by the Commis-

sion for the purpose of the performance of any function referred to in section 18 (1) (e) of the State Planning Commission Act 1985; and

(c) any other payments made to the

Commission in connection with

the performance of any such

function. "; and

(b) in subsection (3) by deleting paragraphs (b) and (c) and substituting the following paragraphs

'C (b) all expenses incurred by the

Commission in or in connection with the Scheme or an order or the establishment and mainten- ance of any works in connection with the Scheme or order or the development, maintenance and management of any land held by the Commission that is reserved under the Scheme or the carrying out of any works, including the provision of facilities thereon, incidental to such development, maintenance and management or conducive to the use of such land for any purpose for which it is reserved; and

(c) payment of the remuneration and expenses of the members of the

Council. ".

1935.1	Acts Amendment (State	[No. 92.
Planning Commission).

Sections 39

20. Sections 39 and 40 of the principal Act are and 90

repealed.	repealed.
Section 43A

21. Section 43A of the principal Act is amended amended.

in subsection (1)—

(a) by deleting "Authority" in each place where it appears, except the second place, and substituting the following-

" Commission "; and

(b) by deleting "Authority" in the second place where it appears and substituting the following-

" Commission or the Council ".

First

22. The First Schedule to the principal Act is Schedule

amended by deleting the item relating to the	amended.
North-West Group and substituting the following

it

Western Suburbs Group—Councils of the Cities of Nedlands and Subiaco, of the Towns of Claremont, Cottesloe and Mosman Park, and of the Shire of Peppermint Grove.

North-West Group—Councils of the City of Stirling and of the City of Wanneroo. ".

References

23. The principal Act is amended by deleting

to

"Authority"

"Authority" wherever it appears in the provisions

amended.

referred to in the Schedule to this section and

substituting the following-

" Commission ".

No. 92.]	Acts Amendment ( State	[1985.
Planning Commission);

SCHEDULE.

section 23 (1)

section 24 (1) and (2)

section 26 (1) and (3)

section 27A

section 28

section 33 (1), (2), (3) and (6)

section 33A (1) and (2)

section 33D (1), (2), (3), (6), (7), (8) and (9)

section 35C (1) and (2)

section 35E (2), (3), (4), (5) and (6)

section 36 (1), (2), (2a), (2b), (6), (7) and (8)

section •36A

section 36B (3)

section 36C (1), (2), (3) and (3b)

section 37

section 37A (1), (2), (4) and (5)

section 38

section 41A

section 42

section 43 (1), (2) and (5).

PART IV—PARLIAMENTARY COMMISSIONER ACT 1971.

Schedule

amended.	24. The Schedule to the Parliamentary Com-
Reprinted as

approved

missioner Act 1971 is amended

19 July 1983

and

amended by

Act No. 124	(a)	by deleting the item relating to the Metro-
of 1984.	politan Region Planning Authority and sub- stituting the following-

" Metropolitan Planning Council estab- lished under the State Planning Commission Act 1985. " ;

(b)	by deleting the item relating to the Town Planning Board; and
(c)	by inserting after the item relating to the State Government Insurance Office the following-

" State Planning Commission established under the State Planning Commis- sion Act 1985. ".