Metropolitan Town Planning Commission Act 1927 (WA)

No. 30.] Metropolitan Town Planning [1927.

Commission.

METROPOLITAN TOWN PLANNING

COMMISSION.

18° GEO. V., No. XXX.

No. 30 of 1927.

AN ACT to make provision for a Metropolitan Town

Planning Commission.

[Assented to 23rd December, 1927.]

0E it enacted by the King's Most Excellent Majesty, by _11–) and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

Short title. 1. This Act may be cited as the Metropolitan Town

Planning Commission Act, 1927.

interpretation. 2. In this Act, unless inconsistent with the context or

subject matter-

" Commission " means the Metropolitan Town Plan- ning Commission.

" Local authority " means a council of a munici- pality, or a road board.

" Metropolitan area " means the municipal districts

and road districts specified in the first schedule.

" Municipal district " means a district constituted, or deemed to have been constituted, by or under the Municipal Corporations Act, 1906.

" Road district " means a district constituted, or deemed to have been constituted, by or under the Roads Act, 1919.

" Schedule."	" Schedule " means Schedule to this Act.
The

Metropolitan 3. For the purposes of and subject to this Act, the

ralliPsiaomi n.Ing Governor may appoint a Board, to be called the Metro-

g SeesVic. No. 3263, politan Town Planning Commission.

1927.] Metropolitan Town Planning [No. :;0.

Commission.

4. (1) The Commission shall consist of eight members constitution or Commission.

as follows Ibid.; s. 4.

(a) One member (being the mayor or a councillor of the City of Perth) nominated by the council of the City of Perth ;

(b) Three members, of whom one shall be nominated by each of the three groups of local authorities specified in the Second Schedule, and who shall be the mayor or a councillor of a municipality el ssecrenddule.

the council whereof is included in the group by which he is nominated, or a member of the road board included in the group by which he is nominated ;

(c) Three members appointed by reason of their respective qualifications in the technical and professional matters to be dealt with or in- vestigated by the Commission ; and

(d) The City Engineer.

(2) In the event of failure to nominate any member

as aforesaid the Governor may appoint any member as representative of the body or bodies which failed to nominate.

5. The Governor- ItenTal of

(a) may remove any person appointed as a member rm,72:815.

of the Commission ; and

(b) if any vacancy occurs in the Commission, whether by reason of any person appointed as being a mayor or councillor, or member of a road board, as aforesaid, ceasing to be such mayor, councillor, or member, or by reason of death, resignation, removal, incapacity, refusal to act or otherwise, may appoint some person to fill the vacancy :

Provided that in the event of the occurrence of any vacancy in the Commission the person appointed to fill such vacancy shall be appointed as representing the body or bodies represented by the member through whom the vacancy occurs, or otherwise as having qualifications in technical and professional matters similar to those of his predecessor.

No. 30.] Metropolitan Town Planning [1927.

Commission.

Exercise of	6. (1) The powers, duties and authorities of the Com-
powers, etc., of

Commission. mission may at any meeting be exercised and performed

s. G. by a quorum consisting of any five members thereof.

Chairman. (2) The Commission may elect one of its members to be chairman, and in the absence of the chairman from any meeting the members present may appoint a deputy chairman, who shall have and may exercise all the powers, duties and authorities of the chairman.

Meetings, etc. (3) At all meetings of the Commission

(a) the chairman (or, as the case may be, the deputy chairman) shall preside and shall have a de- liberative vote, and in case there is an equal number of votes upon any question he shall have a second or casting vote ; and

(b) the decision of the majority of the members

present shall prevail.

Committees. (4) The Commission may from time to time appoint or remove occasional or standing committees to investigate and report upon such matters as the Commission directs and may fix the quorum of every such committee.

First meeting. 7. (1) The members of the Commission or the major

s. 7.

part thereof shall hold their first meeting at such time and place as the Governor appoints by notice published in the

Gazette ; and on the day of the first meeting of the Com-

mission, the Commission shall be and be deemed to be

duly and legally constituted.

Subsequent

meetings.	(2) After the first meeting the Commission shall meet at such times and places as the Commission from time to time appoints.
Power to act
during vacancy.	(3) During the existence of any vacancy in the Coln mission the remaining members may (so long as there is a quorum) act as if no vacancy had occurred.

8. (1) Subject to this Act the Commission —

Power to	(a) may employ such engineers, surveyors, draughts- execution of this Act as it thinks necessary, and may remove any person so employed ; and
Commission to

appoint, etc.,	men, clerks, and other persons to assist in the
officers, etc.
Ibid., s. S.

(b) shall pay such salaries and allowances to the

persons so employed as it thinks reasonable.

1927.] Metropolitan Town Planning [so. 30.

Commission.

(2) The total costs and expenses which the Commission costs :yid

is by this Act authorised to incur for any purpose what- eglIdisIts17,°

soever shall not exceed Three thousand . five hundred See Ibid. 5.8 (2)	`
pounds.

9.	The costs and expenses of the Commission as author-	cost.
Allocation of

ised by this Act shall be paid, as to one•fourth thereof by	See	s. 9.
the Treasurer out of the consolidated revenue fund (which to the necessary extent is hereby appropriated), and as to three fourths thereof, by the local authorities in proportion to the population of the district of each local authority, and shall be contributed by instalments as prescribed.

10.    (1) The Commission shall inquire into and report ic?0,.,,,ting,s,=he

upon the present conditions and tendencies of urban de

,Lid., s. 10.

velopment in the metropolitan area and shall in such

report set out

(a) general plans and recommendations with respect to the better guidance and control of such development or of any portion thereof ; and

(b) estimates in reasonable detail of the cost involved in the construction, maintenance, and adminis- tration of all matters or things the subject of such recommendations.

Matters dealt

(2) Such matters or things may include— with in report.

(a) street and road requirements generally, including extensions main arteries and radial systems, and the opening of new streets roads and high- ways, and the closing or diversion of existing streets roads or highways ;

(b) existing means of transportation and probable future requirements with respect to railways tramways or other means of transportation ;

(c) traffic and the regulation of traffic ;

(d) waterfront and river improvement, and bridges ;

(e) amenities, including the conservation of natural

beauties, and the control or prohibition of nuisances, noises, and unsightly objects or structures ;

(/) the classification of districts for residential, fac- tory, business, or noxious trades purposes, or for the combination of any two or more of such purposes ;

No. 30.] 111 etropolitan Town Planning [1927.

Commission.

(g) open spaces generally, including parks, parkways, playgrounds, sports-grounds, drill-grounds, and open spaces around public buildings and monu- ments and along water fronts ;

(h) land subdivision and the laying out of streets and

roads on private property ;

(i) buildings structures and erections generally and

building regulation ;

(j) housing ;

(k) food supplies, including the wholesale and retail

distribution thereof ;

(1) suggestions for the co-operation of public and private bodies and authorities and persons in the execution of any plan or recommendation ; and

(m) such other matters and things incidental or

relating to the subjects of its inquiry as the

Governor directs, or the Commission thinks fit.

Reeoinmenda-	(3) The said report shall include recommendations as proposals for future legislation, as the Commission thinks desirable for carrying into effect any of the objects or purposes recommended in its report.
dons as to
legislative	to such amendments of existing legislation, and as to such
requirements.
Commission to	(4) The Commission shall consult with the local and with every public authority (including the Minister for Water Supply, Sewerage, and Drainage, the Commissioner of Railways, the Fremantle Harbour Trust Commissioners, and the Commissioner of Public Health) with respect to the subject-matter of any of its inquiries which may affect the powers duties obligations or responsibilities of any such local authority or public authority.
consult with
certain public	authorities of the districts specified in the First Schedule,
authorities.
First Schedule.
Report to the	(5) The Commission shall report to the Minister and shall at the same time send copies of its report to the local authority of each district specified in the First Schedule, and to every public authority of which the powers duties obligations or responsibilities may be affected by the report.
Minister.
First Schedule.
Application of

Royal Commis-11. For the purposes of this Act, the Commission shall

See ibid., s. 11. sioners' Powers Act. have and may exercise the powers of a Royal Commission

under the Royal Commissioners' Powers Act, 1902 ; and

the provisions of that Act are incorporated herewith.

1927.] Metropolitan Town Planning [No. 30.

.Commission.

12. The Governor may make regulations for or with Regulations.

respect to— s. 12.

(a) the nomination of members of the Commission ;

and

(b) generally, all matters necessary or convenient to be prescribed for carrying into effect the pro- visions of this Act.

13. This Act shall continue in operation until the Duration of Act.

thirty-first day of December one thousand nine hundred See ibis., s. /3.

and thirty, and no longer, but may be determined in the

meantime by proclamation.

THE FIRST SCHEDULE. Sec. 2.

Municipal Districts.—The City of Perth, and the Claremont, Cottesloe, Fremantle, East Fremantle, North Fremantle, Guildford, Midland Junction, and Subiaco municipal districts.

Road Districts.—The Bassendean, Bayswater, Belmont, Canning District, Clare- mont, Cottesloe Beach, Fremantle, Melville, Peppermint Grove, Perth, South Perth, and Swan road districts.

THE SECOND SCHEDULE. See. 4.

GROUP A.

The Fremantle Municipal Council.

The Mayor and Councillors of East Fremantle.

The Council of the North Fremantle Municipality.

The Fremantle Road Board.

The Melville Road Board.

GROUP B.

The Council of the Midland Junction Municipality.

The Council of the Guildford Municipality.

The Bassendean Road Board.

The Bayswater Road Board.

The Belmont Road Board.

The Canning District Road Board.

The South Perth Road Board.

The Swan Road Board.

GROUP C.

The Municipal Council of Subiaco.

The Council of the Municipality of Cottesloe.

The Council of the Municipality of Claremont.

The Claremont Road Board.

The Cottesloe Beach Road Board.

The Peppermint Grove Road Board.

The Perth Road Board.