Planning and Development (Development Assessment Panels) Amendment Regulations 2015 (WA)
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PLANNING
PL301*
Planning and Development Act 2005
Planning and Development (Development
Assessment Panels) Amendment
Regulations 2015
Made by the Governor in Executive Council.
1. Citation
These regulations are the Planning and Development
(Development Assessment Panels) Amendment
Regulations 2015.2. Commencement
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 1 May 2015. 3. Regulations amended
These regulations amend the Planning and Development
(Development Assessment Panels) Regulations 2011.4. Regulation 3 amended
(1) In regulation 3(1) delete the definitions of: Planning CEO
R-Codes(2) In regulation 3(1) insert in alphabetical order: Director General means the chief executive officer of
the department;R-Codes means the Residential Design Codes prepared by the Western Australian Planning Commission under section 26 of the Act, as amended from time to time;
5. Regulation 5 amended
In regulation 5:
(a) in paragraph (b) delete “$15 million” and insert: $20 million
17 April 2015 GOVERNMENT GAZETTE, WA 1381
(b) in paragraph (c) delete “$7 million” and insert: $10 million
6. Regulation 6 amended
In regulation 6:
(a) in paragraph (b) delete “$10 million or more and less than $15 million; and” and insert: $2 million or more and less than $20 million; and
(b) in paragraph (c) delete “$3 million or more and less than $7 million,” and insert: $2 million or more and less than $10 million,
7. Regulation 11A inserted
After regulation 10 insert:
11A. Further information On receipt of a DAP application, a local
government —
(a) must consider the application and all accompanying material; and (b) may, by written notice given to the applicant, require the applicant to give to the local government further specified information or documents.
8. Regulation 11 amended
(1) In regulation 11 delete “A local” and insert: (1) A local (2) Delete regulation 11(c) and insert:
(c)
confirmation that the applicant has paid the fee under regulation 10(1);
(d)
a copy of any notice given to the applicant under regulation 11A.
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(3) At the end of regulation 11 insert:
(2)
A local government must, within 7 days after the date on which it receives further documents or information in relation to an application that has been provided in response to a notice given under regulation 11A, give the administrative officer of the DAP that will
determine the application the further documents or
information.
9. Regulation 12 amended
After regulation 12(3) insert:
(4A) For the purposes of calculating the period within which
the report on a DAP application must be given under
subregulation (3)(a) or (c), any period after the
applicant has been given a notice under regulation 11A
and before the applicant complies with the notice is to
be excluded.10. Regulation 16 amended
(1) In regulation 16(1) delete “The” and insert: Except as provided in subregulations (2A) and (2B), the (2) After regulation 16(1) insert:
(2A)
If a provision of a planning instrument is inconsistent with a provision of these regulations, the regulations prevail to the extent of the inconsistency.
(2B) If a planning instrument provides that an application is
deemed to be refused if not determined within a
specified period after the application is made, the
following periods are to be excluded in calculating the
period between when the application is made and when
the application is determined —
(a)
any period after an applicant has been given a notice under regulation 11A in respect of an application and before the applicant complies with the notice;
(b)
any period of extension for the giving of a report on an application referred to in a notice given under regulation 12(4).
17 April 2015 GOVERNMENT GAZETTE, WA 1383 11. Regulation 18 amended
(1) In regulation 18(3) after “2004,” insert: other than section 31, the presiding member of (2) After regulation 18(3) insert:
(4) For the purposes of reconsideration of a decision on an
invitation made under the State Administrative
Tribunal Act 2004 section 31, the decision-maker is the
DAP that made the reviewable decision.12. Regulation 19 amended
(1) Delete regulation 19(1) and insert:
(1) A development application is an application of a class
prescribed for the purposes of this regulation if —
(a) the application is for approval for development that has an estimated cost of $2 million or more; and (b) the application is one of the following — (i) an application that is not an excluded development application;
(ii) construction of less than 10 grouped
dwellings and any associated carport,an application for approval for the development;
(iii) construction of less than 10 multiple
dwellings and any associated carport,an application for approval for the development.
(2) Delete regulation 19(4)(a) and insert:
(a)
the power of the Commission to determine a development application of a class prescribed under subregulation (1) that is made to the Commission; and
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(3) Delete regulation 19(6) and insert:
(6) A local government or the Commission must not make
a delegation under this regulation or amend such a
delegation unless the local government or the
Commission has notified in writing —(a) the applicant; and
(b) the Director General.
13. Regulation 20 replaced
Delete regulation 20 and insert:
20. Commencement of delegation
(1) An instrument of delegation under regulation 19, and any instrument amending or revoking the delegation, takes effect on the day specified in the instrument. (2) A body that delegates to a DAP under regulation 19
must give a copy of the instrument of delegation to the
Director General.14. Regulation 22 amended
In regulation 22(1) and (2) delete “each application that is
determined by a DAP pursuant to the delegation” and insert:the application
15. Regulation 27 amended
(1) In regulation 27(2) delete “The” and insert: Subject to subregulation 3A, the (2) After regulation 27(2) insert:
(3A) If both the presiding member and the deputy presiding
member of a DAP are unable to act as presiding
member of the DAP by reason of illness, absence or
other cause, the Director General may appoint the
presiding member of another DAP to act as presiding
member of the DAP.
17 April 2015 GOVERNMENT GAZETTE, WA 1385 16. Regulation 31 amended
After regulation 31(2) insert:
(3A) A DAP member may be paid 50% of the fee to which
the member would have been entitled under
subregulation (1) or (2) for attending a DAP meeting
if —
(a) the DAP meeting is cancelled after the agenda for the meeting was published in accordance with regulation 39(1); and (b) the Director General approves the payment.
17. Regulation 32 amended
(1) After regulation 32(4) insert:
(5A) A person appointed as a local government member of a
DAP on the nomination of a local government under
regulation 24(1)(a) ceases to be a member of the DAP
if the person ceases to be a member of the council of
the local government.
(2) In regulation 32(5) delete “The” and insert: Except in the circumstances referred to in subregulation (5A),
the18. Regulation 36 deleted
Delete regulation 36.
19. Regulation 37 amended
Delete regulation 37(1) and insert:
(1) The Minister, when appointing a person as a specialist
member of a DAP under regulation 23(1)(b)
or 25(1)(b) or an alternate member under
regulation 28(1)(c), must appoint a person selected by
the Minister from the register maintained under
regulation 35.20. Regulation 38 deleted
Delete regulation 38.
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21. Regulation 40 amended
In regulation 40(4)(a):
(a) delete “simultaneously”; (b) delete “instantaneous” and insert: electronic
22. Regulation 41 replaced
Delete regulation 41 and insert:
41. Quorum
At a meeting of a DAP, 3 members of the DAP,
including the presiding member, constitute a quorum.
23. Schedule 1 amended
In Schedule 1 item 1(a) delete “$3 million” and insert:
$2 million
24. Various references to “Planning CEO” amended
In the provisions listed in the Table delete “Planning CEO”
(each occurrence) and insert:Director General
Table
r. 12(2) r. 22(3) r. 30(1) r. 39(1)(b)(ii) r. 40(5) r. 44(1) and (7) r. 45(1) and (3) r. 46(3) and (5) r. 49(3) r. 51 r. 53(1) and (2) r. 55 N. HAGLEY, Clerk of the Executive Council.
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