Town Planning Amendment Regulations 1998 (WA)

11 December 1998]	GOVERNMENT GAZETTE, WA	6637
PLANNING
PD301*

Town Planning and Development Act 1928

Town Planning Amendment Regulations 1998

Made by the Minister for Planning under section 9 of the Act.

1.             Citation

These regulations may be cited as the Town Planning
Amendment Regulations 1998.

2.             Regulation 25 amended

Regulation 25 of the Town Planning Regulations 1967* is amended as follows:

(a)	by inserting after the regulation designation “25.” the subregulation designation “(1)”;
(b)	by deleting “A” and inserting —  “ Subject to subregulation (2), a ”;
(c)	by deleting paragraphs (fa) and (fb) and inserting the following paragraphs instead —

“

(fa) regulation 15(3) shall not apply but — 

(i) responsible authority a copy of the

the Commission shall send to the and

(ii) under regulation 15(1) shall be effected
by the responsible authority publishing
the notice once in a newspaper
circulating in the district where the land
the subject of the Amendment is situated
and also displaying a copy of the notice
in a prominent place in the offices of the
responsible authority until the date
specified by the Commission or the
Minister, as the case requires, as the date
on or before which submissions in

the advertisement required to be made made;

6638 GOVERNMENT GAZETTE, WA [11 December 1998

(faa) in regulation 15(5) — 

(i) given pursuant to this regulation shall be
read and construed as a reference to the
copy of the notice sent by the

the reference to the notice advertised or authority; and

(ii) of the advertisement in the Gazette
pursuant to this regulation shall be read
and construed as a reference to the date
of publication of the advertisement by
the responsible authority in a newspaper
circulating in the district where the land the reference to the date of publication situated;

(fb)

in regulation 17(1)(a) a reference to a period within 6 months of the expiry of the period specified by the Commission or the Minister, as the case requires, under regulation 15(5) for making submissions shall be read and construed as a reference to a period within 42 days from the date of publication of the advertisement in a newspaper circulating in the district where the land the subject of the Amendment is situated or any other date that the Commission or the Minister, as the case requires, has specified as the date on or before which submissions in respect of the Amendment may be made;

(fba)

in regulation 17(2) a reference to no submissions having been lodged within the period specified under regulation 15(5) for making submissions shall be read and construed as a reference to no submissions having been lodged by the date specified on or before which submissions in respect of the Amendment may be made;

”;

(d) after subregulation (1), by inserting the following subregulation — 

“

(2) If a Town Planning Scheme Amendment — 

(a)	is consistent with section 6(1) of the Act or is for a purpose or work or contains a provision or power that is set out in the First Schedule of the Act;
(b)	is consistent with any regulations made under the Act;
(c)	is consistent with the Metropolitan Region Scheme made under section 30 of the

11 December 1998] GOVERNMENT GAZETTE, WA 6639

Metropolitan Region Town Planning Scheme
Act 1959, a town planning scheme or
amendments to a town planning scheme
prepared under section 18(1)(ba) of the Western
Australian Planning Commission Act 1985 or
any gazetted notice of the Commission relating
to the Metropolitan Region Scheme or to a
town planning scheme or amendment of a town
planning scheme made under section 18(1)(ba)
of the Western Australian Planning

Commission Act 1985; and

(d)	is consistent with any statement of planning policy prepared by the Commission with the approval of the Minister under section 5AA of
the Act or any variation or amplification of the policy prepared by the Commission and approved by the Minister under the section,

the Town Planning Scheme Amendment shall be in
conformity with these regulations as though it were a

Scheme except that — 

(e)	it shall comprise only such of the documents comprising a Scheme as are necessary to convey the intent and reasons for the amendment;
(f)	regulations 4 and 5 shall not apply;
(g)	the resolution of the responsible authority to amend a Scheme shall be in the Form No. 1C in Appendix A and shall be forwarded to the Commission separate from but with the Amendment;
(h)	the Commission shall not be under a duty to examine the Amendment and shall not make a recommendation to the Minister under regulation 13(2);

(i)      regulations 13(4) and (5) and 14 shall not apply but — 

(i)

the Amendment shall not be advertised of the Act has been complied with;

(ii) for public inspection if the EPA acts
under section 48A(1)(c) of the EP Act
unless a direction is given under
section 48A(2)(a) of the EP Act and
there has been compliance with

the Amendment shall not be advertised compliance is required);

(iii)

the Amendment shall not be advertised under section 48C(1)(a) of the EP Act

6640 GOVERNMENT GAZETTE, WA [11 December 1998

unless the local government has
complied with sections 7A2 of the Act

and 48C(6)(a) of the EP Act;

(j) regulation 15 shall not apply but — 

(i) Town Planning Scheme Amendment as

the local government specified in the authority under the Act and — 

(I)	notice of the Amendment shall be advertised in the Form No. 3 in Appendix A in accordance with paragraph (iii);
(II)	the responsible authority shall take such other steps, if any, as it considers necessary to make public the details of the Amendment;
(III)	the responsible authority may give any owner of land that the authority considers is affected by the Amendment a copy of the notice of the Amendment referred to in Item (I); and
(IV)	the responsible authority may take all reasonable steps to ensure that a notice of the Amendment is
conspicuously displayed on or adjacent to any land affected by the Amendment;

(ii) available for inspection by the public
during office hours at the office of the
responsible authority a copy of the
Amendment, Amendment Report and
other supporting documents, and there

the responsible authority shall make any local government affected by the Amendment a copy of that part of the Amendment that relates to land within the district of that local government;

(iii)      the advertisement required to be made under paragraph (j)(i) shall be effected by publication by the responsible

authority of the notice referred to in that
paragraph once in a newspaper
circulating in the district where the land
the subject of the Amendment is situated
and the responsible authority shall also

11 December 1998] GOVERNMENT GAZETTE, WA 6641

display a copy of the notice in a
prominent place in the offices of the
responsible authority until the date on or
before which submissions in respect of
the Amendment may be made as
determined or fixed under
paragraph (v);

(iv)      the responsible authority shall give to each public authority or person whom the local government is required by

section 7(2aa) of the Act to consult, and in the case of a development scheme to every landowner within the area the

subject of the Amendment a notice in writing in the Form No. 3 in Appendix A;

(v)

notice advertised pursuant to paragraph (iii), describe the purpose of the Amendment, state the times and places where the Amendment may be inspected, and specify a date on or before which submissions in respect of the Amendment may be made; which date shall be a date not less than 42 days from the date of publication of the advertisement in a newspaper circulating in the district where the land the subject of the Amendment is situated pursuant to paragraph (iii) unless, at the request of the responsible authority, the Commission decides that another date, being not less than 21 days from the

the responsible authority shall, in the to the Amendment;

(k) within 6 months of the expiry of the period
specified by the Commission or the Minister, as

in regulation 17(1)(a) a reference to a period making submissions shall be read and construed as a reference to a period within 42 days from the date of publication of the advertisement in a newspaper circulating in the district where the land the subject of the Amendment is situated or any other date that the Commission has specified as the date on or before which submissions in respect of the Amendment may be made;

(l) in regulation 17(2) a reference to no submissions having been lodged within the

6642 GOVERNMENT GAZETTE, WA [11 December 1998

period specified under regulation 15(5) for
making submissions shall be read and
construed as a reference to no submissions
having been lodged by the date specified on or
before which submissions in respect of the

Amendment may be made;

(m) regulation 18(1) shall apply but the responsible authority shall also forward to the Commission particulars of the steps taken to advertise the

Amendment;

(n) government may, if it resolves to adopt an
Amendment without modification and has
complied with regulation 17A, proceed to

where no submissions are made a local in regulation 22;

(o) regulation 21(1) shall apply but, before making a decision under section 7(2a), if the Minister is not satisfied that the steps taken to advertise the Amendment are adequate, the Minister may in

writing direct the responsible authority to take such steps as the Minister considers necessary to make public the Amendment and the

responsible authority shall give effect to the direction; and
(p)	if the Minister gives a direction under paragraph (o), the Minister is also to give directions in writing as to —

(i)

the manner in which the responsible Amendment;

(ii)      the manner in which a person who desires to make a submission on the Amendment is to make the submission;

(iii) authority is to consider, make
recommendations on and forward any

the manner in which the responsible Commission; and

(iv) to examine any submission on the
Amendment and the recommendations

the manner in which the Commission is recommendations to the Minister.

”.

[* Reprinted 28 May 1996.

For amendments to 25 August 1998 see 1997 Index to Legislation of Western Australia, Table 4, pp. 268-9.]

G. D. KIERATH, Minister for Planning.