{"id":"bylaw-providing-for-enforcement-of-any-bylaw-made-under-section-30","name":"By-law providing for enforcement of any by-law made under section 30","slug":"by-law-providing-for-enforcement-of-any-by-law-made-under-section-30","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174197,"registerId":"wa-bylaw-providing-for-enforcement-of-any-bylaw-made-under-section-30-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"By-law providing for enforcement of any by-law made under section 30","content":"![Crest]()Western Australia\n\nPlanning and Development Act 2005 2\n\nBy-Law Providing For Enforcement of Any By-Law Made Under Section 30\n\nWestern Australia\n\nBy-Law Providing For Enforcement of Any By-Law Made Under Section 30\n\nContents\n\n1. Executive officer may commence proceedings 1\n\n2. Responsible officer may commence proceedings 1\n\n3. Application 1\n\nNotes\n\nCompilation table 2\n\n  \n\nWestern Australia\n\nPlanning and Development Act 2005 2\n\nBy‑Law Providing For Enforcement of Any By‑Law Made Under Section 30\n\n##### 1. Executive officer may commence proceedings\n\nThe executive officer of any Local Authority to which By‑laws under Section 30 apply is hereby empowered in his own name to prosecute or to take any necessary legal proceedings to enforce such By‑laws.\n\n##### 2. Responsible officer may commence proceedings\n\nWhere a By‑law under the said Section 30 makes any officer or employee of a Local Authority a responsible officer or any other person a responsible officer, such officer, employee, or person is hereby authorised and empowered in his own name to prosecute or to take any necessary legal proceedings to enforce such By‑laws.\n\n##### 3. Application\n\nThis By‑law shall have the force of law in the District of every Local Authority in the State of Western Australia.\n\nNotes\n\n1. This is a compilation of the *By‑law providing for Enforcement of any By‑law made under Section 30.* The following table contains information about those by-laws.\n\nCompilation table\n\n| By‑law | Gazettal | Commencement | Miscellaneous |\n| --- | --- | --- | --- |\n| *By‑law providing for Enforcement of any By‑law made under Section 30* | 24 February 1933 p.318 | 24 February 1933 |  |\n\n\n2 Formerly made under s. 31 of the *Town Planning and Development Act 1928*, continued under s. 262 of the *Planning and Development Act 2005*.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This by-law has remained remarkably stable since its original gazettal in 1933. Originally made under the Town Planning and Development Act 1928, it was continued under the Planning and Development Act 2005 via a savings provision (section 262). Its scope—providing enforcement powers for planning by-laws—has not expanded beyond this original purpose in over 90 years. The only material change has been the updating of the empowering Act reference."},"complexity_factors":["Only 3 operative sections totaling approximately 100 words","No defined terms section (relies on definitions in parent Act)","No cross-references to other legislation beyond the single reference to 'Section 30' and the parent Act","Simple conditional logic limited to one scenario in section 2 ('Where a By-law... makes any officer... a responsible officer')","No exceptions, exemptions, or nested conditions","Straightforward declaratory language ('is hereby empowered', 'is hereby authorised')"],"plain_english_summary":"This is a short Western Australian by-law that gives certain local government officials the power to take people to court to enforce planning rules.\n\n**What it does:**\n- **Section 1:** Allows the \"executive officer\" (basically the CEO or top administrator) of any local council to start legal proceedings to enforce planning by-laws made under Section 30 of the Planning and Development Act 2005.\n- **Section 2:** Allows \"responsible officers\" (specific council staff or other people designated in particular by-laws) to also take legal action to enforce those same planning rules.\n- **Section 3:** Makes this by-law apply across all local council areas in Western Australia.\n\n**Who it affects:**\n- Local councils and their senior staff (executive officers and designated responsible officers)\n- Property owners, developers, and anyone subject to planning by-laws who might be taken to court for breaches\n\n**Why it matters:**\nWithout this by-law, individual council officers might not have clear legal standing to enforce planning rules in court. This instrument delegates enforcement power down to the operational level, allowing quicker response to planning violations without needing the whole council to authorise each court case. It's essentially the legal machinery that makes planning rules actually enforceable."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative content was provided. The submission contains only a broken webpage notice from the Western Australian legislation website."},"complexity_factors":["No legislation content is available to analyse — the page is a 404-style error message","The original by-law title references 'section 30' of an unidentified parent Act, which would ordinarily add complexity","The enforcement nature of the by-law suggests cross-referencing with a parent instrument, but this cannot be assessed without content"],"plain_english_summary":"The linked page is broken — the by-law it referenced (an enforcement by-law made under a \"section 30\" of an unspecified WA Act) is not available for review. There’s no readable law here; if you need the instrument, search the WA legislation site or contact the Parliamentary Counsel’s Office and identify the relevant Act to locate the correct by-law."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The by‑law continues the pre‑existing enforcement power (formerly under s.31 of the 1928 Act) now carried forward under the Planning and Development Act framework (compilation note 2). The text grants the same kind of authority to officers to commence proceedings (ss.1–3) and shows no substantive expansion or contraction of scope within the instrument itself."},"complexity_factors":["Narrow, focused subject matter: the instrument only authorises commencement of proceedings (see s.1–s.2), which reduces structural complexity.","Cross‑reference dependency: effectiveness depends on the content and definitions in the separate by‑laws made under Section 30 (introductory text and s.2), so interpretation requires reading those instruments too.","Legal standing phrasing: authorises actions “in his own name” (s.1–s.2), which raises practical questions about representation, costs, and indemnity that are not resolved in the text.","Concentrated discretion: it vests enforcement-commencement power in individual officers (s.1–s.2), creating potential variation in enforcement choices across Local Authorities.","Statewide application and historical continuity: the by‑law applies to every Local Authority district (s.3) and is a continuation of an older instrument (compilation note 2), so modern procedural or statutory interactions may require cross-checking with current Planning and Development Act provisions."],"plain_english_summary":"This by-law lets a local council’s executive officer, and any person named as a “responsible officer” in a by‑law made under section 30, commence prosecutions or other legal proceedings in their own name to enforce those by‑laws. It operates across every Local Authority district in Western Australia. It matters because it designates who may bring enforcement action, shifting litigation responsibility and decision‑making to named officers and thereby affecting enforcement costs, incentives to prosecute, and compliance behaviour."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/by-law-providing-for-enforcement-of-any-by-law-made-under-section-30","history":"/api/acts/by-law-providing-for-enforcement-of-any-by-law-made-under-section-30/history","analysis":"/api/acts/by-law-providing-for-enforcement-of-any-by-law-made-under-section-30/analysis","conflicts":"/api/acts/by-law-providing-for-enforcement-of-any-by-law-made-under-section-30/conflicts","importantCases":"/api/acts/by-law-providing-for-enforcement-of-any-by-law-made-under-section-30/important-cases","documents":"/api/acts/by-law-providing-for-enforcement-of-any-by-law-made-under-section-30/documents"}}