East Perth Redevelopment Amendment Regulations 2011 (WA)

3618 GOVERNMENT GAZETTE, WA 2 September 2011

PL301*

East Perth Redevelopment Act 1991

East Perth Redevelopment Amendment

Regulations 2011

Made by the Governor in Executive Council.

1.            Citation

These regulations are the East Perth Redevelopment Amendment
Regulations 2011.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.            Regulations amended

These regulations amend the East Perth Redevelopment
Regulations 1992.

4.           Regulation 3A inserted After regulation 2 insert:

3A.	Terms used
In these regulations — development approval means an approval under section 40 of the Act; heritage development policy means a policy adopted by the Authority under the Scheme in relation to development in heritage places and precincts; heritage inventory means the inventory of heritage places and precincts prepared by the Authority under the Scheme; heritage place means land, or a building or other structure, that is listed on the heritage inventory or the Register of Heritage Places; heritage precinct means a precinct (a group of places that may or may not be heritage places) that is listed on the heritage inventory or the Register of Heritage
Places;

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public land means land owned by, or under the care,
control and management of, the State or a local
government;
Register of Heritage Places means the register
established under the Heritage of Western Australia
Act 1990 section 46;
Scheme means the East Perth Redevelopment Scheme
under Part 4 of the Act;

temporary use means -

(a) an authorised public event; or

(b) the location of a single vehicle or single stall on

public land, selling food or other items or

providing a community service;

utility services has the meaning given in the Planning
and Development Act 2005 section 4(1).

5.           Regulation 3 amended

(1) In regulation 3(1):

(a)	in paragraph (a) delete "sign, including a";
(b)	in paragraph (b) delete "building;" and insert:

building (other than one that is attached to the

inside of a window);

(c)	delete paragraph (c) and insert:
(c) the carrying Out of maintenance or repair work by a public authority, utility services provider or local government, other than construction of a new building or structure;

(d)	in paragraph (d) delete "appearance; or" and insert: appearance;
(e)	in paragraph (e) delete "structure." and insert: structure;

(1) after paragraph (e) insert:

(f) the carrying out of subdivision works, including, to the extent necessary for the subdivision, site works, road works, the provision of reticulated services (for example, water, gas, electricity and telecommunications) and landscaping;

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(g) the carrying Out of excavation, backfihling or

the construction of a retaining wall, if the
change in natural ground level (the ground level
existing at the time of the most recent

subdivision of the land) does not exceed 0.5 m;

(h) the demolition or removal of a minor or

ancillary structure, including a patio, pergola,
carport, fence, shed, store room or similar
structure, but not including a retaining wall that

exceeds 0.5 m in height;

(i) the construction of a fence or wall not

exceeding 1.8 m in height, other than -

(i)     a retaining wall; or

(ii)     a fence or wall on a boundary to a public open area, for example, a street, walkway or park; or

(iii)     a fence or wall within the front set back of a lot;

(j) the construction of a swimming pool, but not

including fences or other structures associated

with the pool;

(k) the erection, for the duration of authorised

construction work, of a temporary building, structure or sign associated with that work;

(I) the erection, for the duration of an authorised

public event, of a temporary building, structure

or sign associated with that event;

(m) the location of a single vehicle or single stall on

public land, selling food or other items or
providing a community service, for less than

24 hours.

(2) Delete regulation 3(2) and insert:

(2)	A declaration that work, an act or an activity does not constitute development has effect in relation to a heritage place or precinct only if the work, act or activity does not require development approval in accordance with Development Policy no. 2: Development of Heritage Places, adopted by the Authority under the Scheme.
(3)	A declaration, by subregulation (1)(f) or (j), that work, an act or an activity does not constitute development is not limited by any of the other paragraphs of
subregulation (1) other than paragraph (i).

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6.            Regulation 5 amended

In regulation 5:

(a) delete "approval under section 40 of the Act" and insert:

a development approval

(b) delete "applicable is" and insert:

applicable, and related fees, are

7.           Regulation 6 amended

(1) In regulation 6(1):

(a) delete "approval under section 40 of the Act" and insert:

a development approval

(b) in paragraph (b) delete "1:500; and" and insert:

1:200; and

(c) after paragraph (a) insert:
and

(2) In regulation 6(3):

(a) in paragraph (e) delete 'dimensions, design" and insert:

dimensions and design of,

(b) in paragraph (e) delete "develop" and insert:

develop,

(c) after each of paragraphs (a) to (e) insert: and

8.            Regulation 7 amended

In regulation 7(1) and (2) delete "approval under section 40 of the Act," and insert:

a development approval,

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9. Regulation 8 deleted
Delete regulation 8.

10.          Schedule 1 amended

(1) In Schedule I delete:

Office Use Only Application No.

and insert:

EPRA Use Only

File No. -

(2)	In Schedule 1 in Note 1 delete "6 copies" and insert:
5 copies

11.          Schedule 2 replaced

Delete Schedule 2 and insert:

Schedule 2 - Fees in relation to applications for

development approval

[r. 5]

Table

Item	Description	Fee
1.	For an application for an in principle	25% of the fee that would
approval of development described in	be applicable under item 2
item 2 or 3	or 3 for an application for approval of such

development, to a

maximum of $5 000

2.

For an application for approval of
development described in paragraph (a)
of the definition of development in
section 3 of the Act, other than in
relation to a temporary use, where the
estimated cost of the development is -

(a)	up to $10000	$150
(b)	$10001to$50000	$250
(c)	$50 001 to $200 000	$350
(d)	$200 001 to $500 000	5500
(e)	$500001to $750000	SI 000

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Item Description Fee

(f)	$750 001 to $1 000 000	$2 000 + $0.40 for every dollar over $750 000
(g)	$1 000 001 to $5 000 000	$3 000 + $0.20 for every dollar over $1 000 000
(h)	$5 000 001 to $10 000 000	$11 000 + $0.20 for every dollar over $5 000 000
(i)	greater than $10 000 000	$21 000 + $0.15 for every dollar over $10 000 000, to a maximum of $50 000

3.            For an application for approval of the following development —

(a)	a material change in use where there is no development described in paragraph (a) of the definition of development in section 3 of the Act; or
(b)	development described in

paragraph (a) of the definition of

development in section 3 of the

Act, in relation to a temporary

use $200

4.	For an amendment of a development	25% of the fee that was
approval	applicable under item 2 or 3 for the approval, to a maximum of $5 000

Note: The heading to regulation 4 is to read:

Application for development approval

Note: The heading to regulation 5 is to read: Fees

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.