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| Planning and Development Act 2005 (Western Australia) | |
|---|---|
| Title | Planning and Development Act 2005 (Western Australia) |
| Jurisdiction | Western Australia |
| Enacted | 2005 |
| Status | current |
Planning and Development Act 2005 (Western Australia) is principal state legislation that modernized statutory land use and development controls across Perth, Fremantle, Albany, Western Australia, Bunbury, and other localities within Western Australia. The Act replaced earlier frameworks influenced by the Metropolitan Region Scheme and predecessors, interacting with instruments such as the Planning and Development (Local Planning Schemes) Regulations 2015 and administrative practice at entities including the Western Australian Planning Commission and various local government areas.
The Act arose from reform programs initiated after inquiries into statutory planning practice, drawing on precedents from the Town Planning and Development Act 1928 (Western Australia) and reviews by the Ministry for Planning (Western Australia), the Parliament of Western Australia, and commissions advising on metropolitan governance including the Parliamentary Select Committee on Planning and Development. The legislation was debated alongside policies shaped by the Metropolitan Region Planning Authority, urban studies referencing Edmund Barton-era federal frameworks, and comparative statutes such as the Planning Act 2008 (Queensland), leading to assent and commencement in 2005 under ministers from the Court Ministry era and subsequent administrations.
The Act sets statutory objectives for coordinated land use, infrastructure delivery and environmental management across regions like Swan Valley, Kimberley, and Pilbara. Key provisions establish the legal basis for regional strategies (e.g., Perth and Peel@3.5million-style planning), local planning schemes, development contributions tied to infrastructure financing, and strategic planning instruments influenced by reports from bodies such as the Australian Urban Research Infrastructure Network and the Productivity Commission.
The Act provides for a suite of statutory instruments including state planning policies, regional planning schemes, local planning schemes and structure plans used in precincts like Joondalup, Cannington, and Rockingham. It formalises processes for scheme amendments, rezoning, and structure planning akin to mechanisms used in the Metropolitan Redevelopment Authority projects and aligns with statutory documents such as the State Planning Strategy and township planning practices observed in Geraldton and Kalgoorlie–Boulder.
The Act creates processes for development applications, categories of permits, and deemed provisions for assessing proposals in locations from Scarborough, Western Australia to Mandurah. It sets thresholds for referral to agencies such as the Department of Planning, Lands and Heritage and referral to utility providers including Western Power and transport authorities like Transperth. Provisions govern subdivision approvals, clearing permits interacting with Department of Biodiversity, Conservation and Attractions responsibilities, and staged approvals for large projects comparable to those under the Environmental Protection Act 1986 (Western Australia) assessments.
Institutional roles are allocated to entities including the Western Australian Planning Commission, local governments (e.g., City of Perth, Shire of Broome), and ministerial offices such as the Minister for Planning (Western Australia). The Act delineates functions for planning panels modeled after panels in jurisdictions like New South Wales and referral pathways to statutory agencies including the Environmental Protection Authority (Western Australia) and infrastructure bodies like Main Roads Western Australia.
Enforcement mechanisms in the Act permit stop orders, enforcement notices, and building control actions coordinated with authorities such as the State Administrative Tribunal (Western Australia) and local government enforcement teams. Appeals and merits review processes are channelled to the State Administrative Tribunal, with judicial review matters reaching the Supreme Court of Western Australia where principles established in cases involving parties such as Fortescue Metals Group and municipal authorities have clarified procedural rights and remedies.
Since 2005 the Act has been amended to accommodate changes pursued by administrations including the Barnett Ministry and McGowan Ministry, and to implement the Planning and Development (Local Planning Schemes) Regulations 2015. Notable jurisprudence interpreting the Act includes decisions of the State Administrative Tribunal and the Supreme Court of Western Australia addressing issues of lawful use, jurisdictional error, and the scope of scheme amendment powers—cases that have involved parties from sectors represented by companies like Wesfarmers and resource proponents akin to Rio Tinto and BHP. The evolution of the Act continues to intersect with policies from the Commonwealth of Australia and planning discourse involving institutions such as the Australian Institute of City Planning and academic research hubs at University of Western Australia and Curtin University.
Category:Western Australian legislation