Metropolitan Redevelopment Authority Regulations 2011 (WA)

Western Australia

Metropolitan Redevelopment Authority Act 2011

Western Australia

Metropolitan Redevelopment Authority Act 2011

Metropolitan Redevelopment Authority Regulations 2011

These regulations are the Metropolitan Redevelopment Authority Regulations 2011.

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 on which the Metropolitan Redevelopment Authority Act 2011 section 4 comes into operation.

In these regulations —

Heritage Council means the Heritage Council of Western Australia established under the Heritage of Western Australia Act 1990 section 5;

heritage inventory means an inventory of heritage places and heritage precincts prepared by the Authority under a redevelopment scheme;

heritage place means land, or a building or other structure, that is —

• (a)

  identified as a heritage place in a redevelopment scheme or in a plan, strategy or other instrument relating to heritage prepared and adopted under a redevelopment scheme; or

• (b)

  located within a heritage precinct; or

• (c)

  listed on the Register of Heritage Places;

heritage precinct means an area that is identified as a heritage precinct on a heritage inventory;

public work has the meaning given in the Public Works Act 1902 section 2;

R‑Codes means the planning codes entitled Residential Design Codes prepared by the Western Australian Planning Commission under the Planning and Development Act 2005, as amended from time to time;

Register of Heritage Places means the Register established under the Heritage of Western Australia Act 1990 section 46;

section means a section of the Act;

subdivision works means works for the purpose of enabling the subdivision of land and includes, to the extent necessary for the subdivision, the following —

• (a)

  site works, including remediation;

• (b)

  road works;

• (c)

  the provision of utility services;

utility services means drainage, electricity, sewerage, water, gas and telecommunications supply services.

[Regulation 3 inserted: Gazette 16 Dec 2016 p. 5703‑4; amended: SL 2024/18 r. 4.]

A declaration under regulation 8 or 9(2) that any work, act or activity does not constitute development does not include a reference to any work, act or activity carried out in, or in relation, to a heritage place unless the work, act or activity is carried out —

• (a)

  by or on behalf of the Authority; and

• (b)

  in accordance with a conservation plan, or other agreement relating to the conservation of heritage places, prepared by the Authority in consultation with the Heritage Council.

[Regulation 4 inserted: Gazette 16 Dec 2016 p. 5704.]

The following works, acts and activities do not constitute development in a redevelopment area for the purposes of the definition of development