Planning Act 2016
An Act providing for an efficient, effective, transparent, integrated, coordinated and accountable system of land use planning and development assessment to facilitate the achievement of ecological sustainability
Chapter 1 Preliminary
1 Short title
This Act may be cited as the Planning Act 2016.
2 Commencement
This Act, other than section 324, commences on a day to be fixed by proclamation.
3 Purpose of Act
(1)The purpose of this Act is to establish an efficient, effective, transparent, integrated, coordinated, and accountable system of land use planning (planning), development assessment and related matters that facilitates the achievement of ecological sustainability.(2)Ecological sustainability is a balance that integrates—(a)the protection of ecological processes and natural systems at local, regional, State, and wider levels; and(b)economic development; and(c)the maintenance of the cultural, economic, physical and social wellbeing of people and communities.(3)For subsection (2)—(a)protecting ecological processes and natural systems includes—(i)conserving, enhancing or restoring the life-supporting capacities of air, ecosystems, soil and water for present and future generations; and(ii)protecting biological diversity; and(b)achieving economic development includes achieving diverse, efficient, resilient and strong economies, including local, regional and State economies, that allow communities to meet their needs but do not compromise the ability of future generations to meet their needs; and(c)maintaining the cultural, economic, physical and social wellbeing of people and communities includes—(i)creating and maintaining well-serviced, healthy, prosperous, liveable and resilient communities with affordable, efficient, safe and sustainable development; and(ii)conserving or enhancing places of special aesthetic, architectural, cultural, historic, scientific, social or spiritual significance; and(iii)providing for integrated networks of pleasant and safe public areas for aesthetic enjoyment and cultural, recreational or social interaction; and(iv)accounting for potential adverse impacts of development on climate change, and seeking to address the impacts through sustainable development (sustainable settlement patterns or sustainable urban design, for example).
4 System for achieving ecological sustainability
The system to facilitate the achievement of ecological sustainability includes—(a)State planning policies (including temporary ones) setting out planning and development assessment policies about matters of State interest; and(b)regional plans setting out integrated planning and development assessment policies about matters of State interest for particular regions of the State; and(c)planning schemes setting out integrated State, regional and local planning and development assessment policies for all of a local government area; and(d)temporary local planning instruments (TLPIs) setting out planning and development assessment policies to protect all or part of a local government area from adverse impacts in urgent or emergent circumstances; and(e)planning scheme policies setting out policies, for all or part of a local government area, that support—(i)planning and development assessment policies under planning schemes; and(ii)action by a local government in making or amending local planning instruments; and(iii)action by a local government under the development assessment system; and(f)a development assessment system,…