Heritage and Planning Legislation Amendment Act 2011 (WA)

Western Australia

Heritage and Planning Legislation Amendment

Act 2011

Western Australia

Heritage and Planning Legislation Amendment

Act 2011

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Heritage of Western

Australia Act 1990 amended

3.	Act amended	3
4.	Section 61 amended	3
5.	Section 62 amended	3
6.	Section 67 amended	4
7.	Section 79 amended	4
8.	Section 80 amended	5
Part 3 — Planning and Development

Act 2005 amended

9.	Act amended	6
10.	Section 223 amended	6

Western Australia

Heritage and Planning Legislation Amendment

Act 2011

No. 4 of 2011

An Act to amend the Heritage of Western Australia Act 1990 and the

Planning and Development Act 2005.

[Assented to 2 March 2011]

The Parliament of Western Australia enacts as follows:

Heritage and Planning Legislation Amendment Act 2011

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1.             Short title

This is the Heritage and Planning Legislation Amendment

Act 2011.

2.             Commencement

This Act comes into operation as follows —

(a)	Part 1 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

Heritage and Planning Legislation Amendment Act 2011

Heritage of Western Australia Act 1990 amended Part 2

s. 3

Part 2 — Heritage of Western Australia

Act 1990 amended

3.             Act amended

This Part amends the Heritage of Western Australia Act 1990.

4.             Section 61 amended

(1) In section 61(1):

(a) in the Penalty delete “$10 000” and insert:

a fine of $1 000 000

(b) in the Daily penalty delete “$1 000.” and insert:

a fine of $50 000.

(2) In section 61(2):

(a) in the Penalty delete “$10 000” and insert:

a fine of $1 000 000

(b) in the Daily penalty delete “$1 000.” and insert:

a fine of $50 000.

5.             Section 62 amended

(1) In section 62(1):

(a) delete “Order” and insert:

Order, or is convicted of an offence under

section 79(1),

Heritage and Planning Legislation Amendment Act 2011

Part 2	Heritage of Western Australia Act 1990 amended
s. 6

(b) in paragraph (a) delete “contravention” and insert:

offence

(2) In section 62(3):

(a) in the Penalty delete “$10 000.” and insert:

a fine of $1 000 000.

(b) in the Daily penalty delete “$1 000.” and insert:

a fine of $50 000.

6.             Section 67 amended

In section 67(2) delete “$500” and insert:

$50 000

7.             Section 79 amended

In section 79(1):

(a) in the Penalty delete “$5 000.” and insert:

a fine of $1 000 000.

(b) in the Daily penalty delete “$500.” and insert:

a fine of $50 000.

Heritage and Planning Legislation Amendment Act 2011

Heritage of Western Australia Act 1990 amended Part 2

s. 8

8.             Section 80 amended

(1)	In section 80(1) delete “Part 6” and insert:
Part 6, or is convicted of an offence under section 79(1),
(2)	In section 80(3):

(a) in the Penalty delete “$10 000” and insert:

a fine of $1 000 000

(b) in the Daily penalty delete “$1 000.” and insert:

a fine of $50 000.

Heritage and Planning Legislation Amendment Act 2011

Part 3	Planning and Development Act 2005 amended
s. 9

Part 3 — Planning and Development Act 2005 amended

9.             Act amended

This Part amends the Planning and Development Act 2005.

10.           Section 223 amended

In section 223:

(a) delete “penalty of $50 000” and insert:

fine of $200 000

(b) delete “$5 000” and insert:

$25 000