Planning and Development Regulations 2009 (WA)

Western Australia

Planning and Development Act 2005

Western Australia

Planning and Development Act 2005

Planning and Development Regulations 2009

These regulations are the Planning and Development Regulations 2009.

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 these regulations — when section 150 and Part 13 Division 3 of the Act come into operation.

In these regulations, unless the contrary intention appears —

Act means the Planning and Development Act 2005;

Registrar of Titles means the person designated under the Transfer of Land Act 1893 to be the Registrar of Titles;

section means a section of the Act.

These services are prescribed for the purposes of the definition of utility services in section 4(1) —

• (a)

  gas supply services;

• (b)

  telecommunications supply services.

In this Part —

identified State land means any land that is unallocated Crown land (within the meaning given by the Land Administration Act 1997), or that is vested in or owned by the Crown, the State or the Commission, and —

• (a)

  is reserved under a planning scheme for a public purpose; or

• (b)

  is subject to an improvement plan in force under section 119;

road vehicle means any thing on wheels or tracks that is capable of transporting people or things by road, other than any such thing —

• (a)

  that is propelled solely by human power; or

• (b)

  that has 3 or more wheels, is self‑propelled and is designed to transport a single person with a physical disability at a pedestrian speed;

warden means a person appointed under regulation 7 as a warden.

• (1)

  This Part does not apply to a warden acting in the course of duty.

• (2)

  If any identified State land is leased by the State or the Commission to a person, this Part —

  • (a)

    does not prevent the lessee, or a person acting with the lessee’s authority, from doing any act on that land that is authorised by the lease; and

  • (b)

    does not authorise the lessee or any other person to do any act on that land that is prohibited by the lease.

  Division 2 – Wardens

• (1)

  Any act done by the Commission under this regulation must be in writing.

• (2)

  The Commission may appoint any person to be a warden.

• (3)

  A warden may be appointed on an honorary basis.

• (4)

  The Commission may cancel a warden’s appointment.

• (5)

  The Commission must give each warden a certificate of his or her appointment signed by the chairperson.

• (6)

  A person whose appointment as a…