Planning and Development Act 2005 (WA)

Western Australia

Western Australia

Planning and Development Act 2005

An Act to provide for a system of land use planning and development in the State and for related purposes.

This Act may be cited as the Planning and Development Act 2005.

• (1)

  This Act comes into operation on a day fixed by proclamation.

• (2)

  Different days may be fixed under subsection (1) for different provisions.

• (1)

  The purposes of this Act are to —

  • (a)

    consolidate the provisions of the Acts repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 (the Metropolitan Region Town Planning Scheme Act 1959, the Town Planning and Development Act 1928 and the Western Australian Planning Commission Act 1985) in a rewritten form; and

  • (b)

    provide for an efficient and effective land use planning system in the State; and

  • (c)

    promote the sustainable use and development of land in the State.

• (2)

  If —

  • (a)

    the Metropolitan Region Town Planning Scheme Act 1959, the Town Planning and Development Act 1928 or the Western Australian Planning Commission Act 1985 expressed an idea in a particular form of words; and

  • (b)

    this Act appears to have expressed the same idea in a different form of words in order to use a clearer or simpler style,

the ideas are not to be taken to be different just because different forms of words were used.

• (1)

  In this Act, unless the contrary intention appears —

Accountmeans the account referred to in section 203(2);

artificial waterway means an artificial channel, lake, harbour or embayment, for navigational, ornamental and recreational purposes, or for any of those purposes, and includes any addition to, or alteration of, an artificial waterway as so defined;

Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;

board means the board referred to in section 9;

chairperson means the chairperson of the board;

chief executive officer means the chief executive officer of the department principally assisting in the administration of this Act;

Commission means the Western Australian Planning Commission established by section 7;

Crown land has the meaning given to that term in the Land Administration Act 1997;

development means the development or use of any land, including —

• (a)

  any demolition, erection, construction, alteration of or addition to any building or structure on the land;

• (b)

  the carrying out on the land of any excavation or other works;

• (c)

  in the case of a place to which a protection order made under the Heritage Act 2018 Part 4 Division 1 applies, any act or thing that —

• (i)

  is likely to change the character of that place or the external appearance of any building; or

• (ii)

  would constitute an irreversible alteration of the…