{"id":"bylaw-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11","name":"By-law under the Second Schedule of the Town Planning and Development Act 1928, clauses 4 and 11","slug":"by-law-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174202,"registerId":"wa-bylaw-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"By-law under the Second Schedule of the Town Planning and Development Act 1928, clauses 4 and 11","content":"![Crest]()Western Australia\n\nPlanning and Development Act 2005 2\n\nBy-law under the Second Schedule of the Town Planning and Development Act 1928, clauses 4 and 11\n\nWestern Australia\n\nBy-law under the Second Schedule of the Town Planning and Development Act 1928, clauses 4 and 11\n\nContents\n\n1. Buildings to comply with Town Planning Schemes and By‑laws 1\n\n2. Responsible authority 1\n\n3. Penalty 1\n\nNotes\n\nCompilation table 3\n\n  \n\nWestern Australia\n\nPlanning and Development Act 2005 2\n\nBy-law under the Second Schedule of the Town Planning and Development Act 1928, clauses 4 and 11\n\n##### 1. Buildings to comply with Town Planning Schemes and By‑laws\n\nWherever the District or part of the District under the control of a Local Authority has been or hereafter shall be zoned or districted or classified under the provisions of the *Town Planning and Development Act*, no building shall be used or erected for any purpose contrary to the provisions of any Town Planning Scheme, or By‑law under the *Town Planning Act*, or any By‑law under the *Road Districts Act*, Section 196, Subsection 50.\n\n##### 2. Responsible authority\n\nThe authority or authorities responsible for carrying the *Town Planning By‑law* into effect and enforcing its observance shall be the Executive Officer of any Local Authority and/or the Town Planning Commissioner.\n\n##### 3. Penalty\n\nIf any person shall, either by act or omission, contravene this By‑law, he shall be guilty of an offence under this By‑law, and on conviction for such offence shall be liable to a penalty not exceeding £10, and, also, if such offence is in its nature a continuing offence, to a daily penalty not exceeding £2 during the continuance of the offence.\n\nNotes\n\n1. This is a compilation of the *By‑law under the Second Schedule of the Town Planning and Development Act 1928, clauses 4 and 11.* The following table contains information about those by-laws.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *By‑law under the Second Schedule of the Town Planning and Development Act 1928, clauses 4 and 11* | 24 Apr 1936 p. 583 | 24 Apr 1936 |\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":{"issue_detection":{"absurdities":[],"contradictions":[]},"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 — the legislative text was not retrievable. The page returned is an error/redirect notice, not the by-law itself."},"complexity_factors":["No legislative content was provided — only a webpage error message was captured","Cannot assess complexity of the underlying by-law without access to its text","The parent Act (Town Planning and Development Act 1928) is itself historical and largely superseded, which may add complexity if the by-law is still operative"],"plain_english_summary":"This by‑law text is unavailable at its original Western Australian legislation link due to a broken/outdated URL after site upgrades, so its substance, scope, and effects cannot be reviewed. If you need the instrument — typically relevant to people researching or applying local planning rules under the Town Planning and Development Act 1928 — check the WA legislation site, contact the Parliamentary Counsel’s Office helpdesk, or verify whether the by‑law has been repealed or superseded."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument reproduces the original 1936 by-law prohibition and enforcement scheme and has been continued under the later Planning and Development Act (see compilation note 2). The compilation shows no substantive alteration to who or what is covered: it still bars building uses contrary to schemes and vests enforcement in the specified officers. The only apparent change for implementers is administrative (penalty figures remain in pounds and the by-law’s authority is carried forward under new Act provisions)."},"complexity_factors":["Short, narrowly framed prohibition on building use or erection—easy to state but requires checking applicable schemes (s.1).","Enforcement delegated to local Executive Officer and/or the Town Planning Commissioner, creating an element of administrative discretion (s.2).","Penalties specified in pre-decimal currency and include a daily continuing-offence charge, which raises practical updating issues rather than substantive legal complexity (s.3).","Cross-references to multiple instruments (Town Planning Schemes; By‑laws under the Town Planning Act; By‑laws under the Road Districts Act, s.196(50)) mean compliance requires consulting other documents (s.1).","Very brief text lacks procedural detail on prosecutions, notices or appeals — enforcement mechanics rest on other laws and practice (s.2–3).","Historical provenance and continuation under later legislation require checking the compilation/continuation note for current authority (Compilation notes; note 2)."],"plain_english_summary":"This by-law makes it an offence to erect or use a building in any district that has been or will be zoned if that use conflicts with the local Town Planning Scheme or specified by-laws. Local executive officers and the Town Planning Commissioner are empowered to enforce it, and contraventions attract fines (up to £10, and up to £2 per day for continuing offences). It primarily affects property owners, developers and local authorities responsible for planning compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-law remains tightly focused on its original purpose: ensuring buildings comply with town planning schemes. It has not expanded beyond this narrow enforcement function since 1936."},"complexity_factors":["Extremely short document (only 3 operative clauses)","No defined terms section","Minimal cross-referencing (only references to parent Acts)","Simple conditional structure (if building is in zoned area, then must comply)","Historical legislative continuity creates slight confusion (made under 1928 Act, continued under 2005 Act)","Outdated currency and penalty amounts (£10 and £2)"],"plain_english_summary":"This is a very old Western Australian planning by-law from 1936 that still has legal effect today. It essentially says that **buildings must follow the local planning rules**.\n\n**What it does:**\n- Requires all buildings in areas covered by a Town Planning Scheme to comply with that scheme and related by-laws\n- Prevents people from using or constructing buildings for purposes that violate local zoning (the rules that say what can be built where)\n\n**Who it affects:**\n- Property owners and developers in Western Australia\n- Local councils (called \"Local Authorities\" in the document)\n- The Town Planning Commissioner and Executive Officers of local councils who enforce the rules\n\n**Why it matters:**\nThis by-law is a foundational piece of planning law. Even though it was made in 1936 under an old Act (the *Town Planning and Development Act 1928*), it was \"saved\" and continues to operate under the modern *Planning and Development Act 2005*. It provides a basic enforcement mechanism ensuring buildings comply with planning schemes. The penalty provisions (£10 fine, £2 daily for continuing offences) are obviously outdated but the underlying requirement to comply with planning schemes remains valid.\n\n**Key legal note:** The by-law has been \"continued\" under modern legislation (section 262 of the 2005 Act), meaning this 1936 rule still applies today alongside newer planning laws."}},"importantCases":[],"_links":{"self":"/api/acts/by-law-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11","history":"/api/acts/by-law-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11/history","analysis":"/api/acts/by-law-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11/analysis","conflicts":"/api/acts/by-law-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11/conflicts","importantCases":"/api/acts/by-law-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11/important-cases","documents":"/api/acts/by-law-under-the-second-schedule-of-the-town-planning-and-development-act-1928-clauses-4-and-11/documents"}}