{"id":"greater-bunbury-region-scheme","name":"Greater Bunbury Region Scheme","slug":"greater-bunbury-region-scheme","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176720,"registerId":"wa-greater-bunbury-region-scheme-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Greater Bunbury Region Scheme","content":"![Crest]()Western Australia\n\nPlanning and Development Act 2005\n\nGreater Bunbury Region Scheme\n\nWestern Australia\n\nGreater Bunbury Region Scheme\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Definitions 1\n\n3. Application of Scheme 2\n\n4. Contents of Scheme 2\n\n5. Purposes of Scheme 2\n\n6. The aims of the Scheme 3\n\n7. Scheme prevails over inconsistent local planning scheme 4\n\nPart 2 — State Planning Framework\n\n8. Scheme determinations to conform with particular provisions of the State Planning Framework 5\n\nPart 3 — Reserved lands\n\n9. Reserves 6\n\n10. Purposes of reserves 6\n\nPart 4 — Zones\n\n11. Zones 7\n\n12. Purposes of zones 7\n\n13. Change of zone by resolution 8\n\nPart 5 — Special control areas\n\nDivision 1 — Operation of special control areas\n\n14. Operation of special control areas 9\n\nDivision 2 — Water Catchments\n\n15. Purposes — SCA No. 1 9\n\n16. Planning requirements — SCA No. 1 10\n\n17. Consultation 10\n\nDivision 3 — Kemerton Industrial Zone Buffer Area\n\n18. Purposes — SCA No. 2 11\n\n19. Planning requirements — SCA No. 2 11\n\n20. Consultation 12\n\nDivision 4 — Glen Iris Service Corridor Buffer Area\n\n21. Purposes — SCA No. 3 12\n\n22. Planning requirements — SCA No. 3 12\n\n23. Consultation 13\n\nDivision 5—Wastewater Treatment Plant Odour Buffer Areas\n\n24A. Purposes—SCA No. 4 13\n\n24B. Planning requirements—SCA No. 4 14\n\n24C. Consultation 14\n\nPart 6 — Development of land\n\n24. Requirement for approval to commence development 15\n\n25. Permitted development on reserved land 15\n\n26. Use of reserved land by a public authority 18\n\n27. Resolution as to development in respect of zoned land requiring approval 18\n\n28. Deemed determination of application to commence development where power is delegated to local government 18\n\n29. Extensions and changes to a non‑conforming use 19\n\n30. Amending or revoking a planning approval 20\n\n31. Unauthorised existing developments 20\n\n32. Existing uses 20\n\n33. Existing approvals 20\n\nPart 7 — Applications for planning approval\n\n34. Form of application 22\n\n35. Accompanying material 22\n\n36. Application procedure 23\n\n37. Advertising of applications 24\n\n38. Determination by Commission 25\n\nPart 8 — Procedure for dealing with applications\n\n39. Consultation with other authorities 26\n\n40. Matters to be considered by Commission 26\n\n41. Determination of applications 28\n\n42. Form and date of determination 28\n\n43. Term of planning approval 29\n\n44. Temporary planning approval 29\n\n45. Scope of planning approval 29\n\n46. Approval subject to later approval of details 30\n\n47. Deemed refusal 30\n\n48. Application for review 31\n\nPart 9 — Enforcement and administration\n\n49. Compensation 32\n\n50. Powers of the Commission 32\n\n51. Person must comply with provisions of Scheme 32\n\n52. Environmental conditions 33\n\n53. Certificates 33\n\nSchedule 1 — Forms\n\nSchedule 2 — Environmental Conditions\n\n1. Management Plans 40\n\n2. Biological Survey 40\n\n3. Provision of Environmental Offsets 41\n\nSchedule 3 — Certificate\n\nNotes\n\nCompilation table 43\n\n  \n\nWestern Australia\n\nPlanning and Development Act 2005\n\nGreater Bunbury Region Scheme\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThis is the *Greater Bunbury Region Scheme*.\n\n##### 2. Definitions\n\n(1) Subject to subclause (2), words and expressions used in the Scheme have the same meaning as they have in the *Planning and Development Act 2005*.\n\n(2) In this Scheme —\n\n  artificial waterway means an artificial channel, lake, harbour or embayment, for navigational, ornamental or recreational purposes, or for any of those purposes, and includes any addition to, or alteration of, an artificial waterway as so defined;\n\n  EP department mean the department principally assisting in the administration of the *Environmental Protection Act 1986*;\n\nlocal government means a local government of a district in the region;\n\nregion means the Greater Bunbury Region described in clause 3;\n\nreserved land means land reserved under the Scheme for a public purpose;\n\nreserved land owned by or vested in a public authority includes reserved land in relation to which a public authority has an easement, right of way, right of occupation, or any other interest, right, privilege or concession;\n\nSCA No. 1 means the Water Catchments — Special Control Area shown on the Scheme Map;\n\nSCA No. 2 means the Kemerton Industrial Zone Buffer Area — Special Control Area shown on the Scheme Map;\n\nSCA No. 3 means the Glen Iris Corridor Buffer Area — Special Control Area shown on the Scheme Map;\n\nSCA No. 4 means the Wastewater Treatment Plant Odour Buffer Areas — Special Control Areas shown on the Scheme Map;\n\nScheme means the Greater Bunbury Region Scheme;\n\nState forest has the same meaning as it has in the *Conservation and Land Management Act 1984*;\n\nState Planning Framework means the State planning policy of that title.\n\n[Clause 2 amended: Gazette 7 Jun 2013 p. 2152.]\n\n##### 3. Application of Scheme\n\nThe Scheme applies to the Greater Bunbury Region which comprises all of the districts of the City of Bunbury, the Shire of Capel, the Shire of Dardanup, and the Shire of Harvey, as shown on the Scheme Map.\n\n##### 4. Contents of Scheme\n\nThe Scheme comprises —\n\n(a) the Scheme Text; and\n\n(b) the Scheme Map (sheets 1‑23).\n\n##### 5. Purposes of Scheme\n\nThe purposes of the Scheme are to —\n\n(a) provide for the reservation and protection of land for regional transport, infrastructure, conservation, recreation and public purposes;\n\n(b) provide for the zoning of land for living, working and rural land uses;\n\n(c) provide a mechanism for landowners to be compensated in a fair and equitable manner where land is reserved for a public purpose;\n\n(d) provide an opportunity for the formal environmental assessment of regional planning proposals and provide increased certainty to such proposals;\n\n(e) provide a mechanism for certain development of regional significance, and development in areas of regional significance, to be considered and approved by the Commission; and\n\n(f) identify and protect land having strategic importance for industrial and future urban use.\n\n##### 6. The aims of the Scheme\n\nThe aims of the Scheme are to —\n\n(a) promote the sustainable development of land taking into account relevant environmental, social and economic factors;\n\n(b) provide for regional transportation, community services and infrastructure in a way that is efficient, equitable and timely;\n\n(c) protect as regional open space the region’s coastal foreshores, the foreshores of the Harvey, Brunswick, Collie, Preston and Capel Rivers, and the Leschenault Estuary and Inlet, as well as other areas of regional conservation significance and areas for regional recreational facilities;\n\n(d) protect surface water catchments and groundwater areas for future water supplies;\n\n(e) provide for industrial development in planned estates where land use conflicts and environmental impacts will be minimised and efficient production facilitated;\n\n(f) provide for future urban purposes and prevent development which could prejudice the future development of urban land;\n\n(g) protect strategic agricultural land considered to be of State or regional importance; and\n\n(h) protect strategic minerals and basic raw materials of State and regional importance and provide for the efficient and timely extraction of minerals and raw materials and subsequent rehabilitation of affected land.\n\n##### 7. Scheme prevails over inconsistent local planning scheme\n\nIf the Scheme is inconsistent with a local planning scheme, the Scheme prevails over the local planning scheme to the extent of the inconsistency.\n\n## Part 2 — State Planning Framework\n\n##### 8. Scheme determinations to conform with particular provisions of the State Planning Framework\n\nExcept to the extent that those provisions are inconsistent with the Scheme, determinations of the Commission under the Scheme are to be consistent with the provisions of the State Planning Framework that the Commission considers are relevant to the region.\n\n## Part 3 — Reserved lands\n\n##### 9. Reserves\n\nThe lands shown as Reserved Lands on the Scheme Map are reserved under the Scheme for the public purposes shown on the Scheme Map.\n\n##### 10. Purposes of reserves\n\nLand is reserved under the Scheme for the following public purposes —\n\n(a) Regional Open Space — to protect the natural environment, provide recreational opportunities, safeguard important landscapes and provide for public access;\n\n(b) Primary Regional Roads — to provide a regional road network to accommodate current and future transport needs on roads declared under the *Main Roads Act 1930*;\n\n(c) Other Regional Roads — to provide a regional road network to accommodate current and future transport needs on roads for which the planning responsibilities are shared between the Commission and local government;\n\n(d) Railways — to provide for the passage of trains, the marshalling, maintenance and storage of rolling stock, and the conveying of the public and freight by rail;\n\n(e) Port Installations — to provide for the current and future expansion needs of the Port of Bunbury;\n\n(f) Waterways — to recognise permanently inundated inland and coastal lands below the high water mark, and existing and proposed water canals;\n\n(g) State Forests — to recognise State forests;\n\n(h) Public Purposes — to provide for other public purposes as denoted on the Scheme Map.\n\n## Part 4 — Zones\n\n##### 11. Zones\n\n(1) The region is classified into the zones shown on the Scheme Map.\n\n(2) The zones are delineated and depicted on the Scheme Map according to the legend on the Scheme Map.\n\n##### 12. Purposes of zones\n\nLand is classified into zones under the Scheme for the following purposes —\n\n(a) Urban — to provide for residential development and associated local employment, recreation and open space, shopping, schools and other community facilities;\n\n(b) Urban Deferred — land suitable for future urban development but where there are various planning, servicing and environmental requirements which need to be addressed before urban development can take place;\n\n(c) Regional Centre — The Bunbury central business district where commercial, civic, cultural, residential, service and administration serving the region are located;\n\n(d) Industrial — to provide for manufacturing industry, the storage and distribution of goods and associated uses;\n\n(ea) Industrial Deferred — land suitable for future industrial development but where there are various planning, servicing and environmental requirements which need to be addressed before industrial development can take place;\n\n(e) Rural — to provide for the sustainable use of land for agriculture, assist in the conservation and wise use of natural resources including water, flora, fauna and minerals, provide a distinctive rural landscape setting for the urban areas and accommodate carefully planned rural living developments;\n\n(f) Private Recreation — to accommodate regionally significant open space and recreational activities in private use.\n\n[Clause 12 amended: Gazette 9 Apr 2010 p. 1363; 9 May 2014 p. 1429.]\n\n##### 13. Change of zone by resolution\n\n(1) The Commission may, by resolution, transfer land —\n\n(a) from the Urban Deferred zone to the Urban zone; or\n\n(b) from the Industrial Deferred zone to the Industrial zone.\n\n(2) A resolution under subclause (1) takes effect —\n\n(a) on the day on which notification of the resolution is published in the *Gazette* (***publication day***); or\n\n(b) on a day after publication day that is specified in the resolution.\n\n[Clause 13 inserted: Gazette 9 May 2014 p. 1429.]\n\n## Part 5 — Special control areas\n\n### Division 1 — Operation of special control areas\n\n##### 14. Operation of special control areas\n\n(1) The following special control areas are shown on the Scheme Map —\n\n(a) Water Catchments — Special Control Area (SCA No. 1); and\n\n(b) Kemerton Industrial Zone Buffer Area — Special Control Area (SCA No. 2); and\n\n(c) Glen Iris Service Corridor Buffer Area — Special Control Area (SCA No. 3); and\n\n(d) Wastewater Treatment Plant Odour Buffer Areas — Special Control Areas (SCA No. 4).\n\n(2) The provisions of this Part applying to the special control areas apply in addition to the provisions of the Scheme applying to any underlying zone or reserve and any general provisions of the Scheme.\n\n[Clause 14 amended: Gazette 7 Jun 2013 p. 2152.]\n\n### Division 2 — Water Catchments\n\n##### 15. Purposes — SCA No. 1\n\nThe purposes of SCA No. 1 are —\n\n(a) to implement State Planning Policy No.2.7: Public Drinking Water Source Policy;\n\n(b) to identify proclaimed surface water catchments within the Greater Bunbury Region; and\n\n(c) to prevent land uses or development which would prejudice the quality or quantity of water supplies for public use.\n\n##### 16. Planning requirements — SCA No. 1\n\nIn considering an application for planning approval in SCA No. 1 the Commission is to have regard to —\n\n(a) the provisions of State Planning Policy No.2.7: *Public Drinking Water Source Policy*;\n\n(b) the impact of the proposal on the quality of any existing or future public drinking water supply source;\n\n(c) the extent to which the proposal achieves and adheres to best management practices for the storage of substances that could contaminate the public drinking water sources;\n\n(d) the adequacy of proposed measures to manage run‑off and drainage;\n\n(e) whether there is any loss of native vegetation which will be detrimental to maintaining water supply and quality;\n\n(f) the recommendations of the chief executive officer of the EP department, and advice contained in the Water Quality Protection Note: Land Use Compatibility in Public Drinking Water Source Areas prepared by the EP department; and\n\n(g) any other matters that the Commission considers relevant.\n\n##### 17. Consultation\n\nIn considering an application for planning approval with respect to land wholly or partly within SCA No. 1 the Commission is to consult with the chief executive officer of the EP Department.\n\n### Division 3 — Kemerton Industrial Zone Buffer Area\n\n##### 18. Purposes — SCA No. 2\n\nThe purposes of SCA No. 2 are —\n\n(a) to identify land likely to be subject to significant levels of noise, odour, dust, risk or any other off‑site impacts from the Kemerton Industrial Zone; and\n\n(b) to ensure that the use and development of land in the area is compatible with any existing or proposed future use or development within the Kemerton Industrial Zone.\n\n##### 19. Planning requirements — SCA No. 2\n\n(1) The following uses are not permitted in SCA No. 2 —\n\n(a) residential accommodation including single residential dwellings and grouped dwellings;\n\n(b) hospitals;\n\n(c) schools;\n\n(d) institutional or other uses involving residential accommodation, including temporary, short stay or holiday accommodation;\n\n(e) general, noxious, hazardous and light industry uses as defined in State Planning Policy No.4.1: *State Industrial Buffer Policy*.\n\n(2) In considering an application for planning approval in SCA No. 2, the Commission is to have regard to —\n\n(a) whether the proposal is compatible with any existing or proposed future use or development within the Kemerton Industrial Zone;\n\n(b) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework; and\n\n(c) recommendations of the chief executive officer of the department principally assisting in the administration of the *Mining Act 1978* and the chief executive officer of the EP department.\n\n##### 20. Consultation\n\nIn considering an application for planning approval with respect to land wholly or partly within SCA No. 2, the Commission is to consult with the chief executive officer of the department principally assisting in the administration of the *Mining Act 1978* and the chief executive officer of the EP department.\n\n### Division 4 — Glen Iris Service Corridor Buffer Area\n\n##### 21. Purposes — SCA No. 3\n\nThe purposes of SCA No. 3 are —\n\n(a) to identify land likely to be subject to significant levels of noise, vibration, odour, dust, risk or any other off‑site impacts from the Glen Iris Service Corridor; and\n\n(b) to ensure that the use and development of land in the area is compatible with any existing or proposed future use or development of the Glen Iris Service Corridor.\n\n##### 22. Planning requirements — SCA No. 3\n\n(1) The following uses are not permitted in SCA No. 3 —\n\n(a) residential accommodation including single residential dwellings and grouped dwellings;\n\n(b) hospitals;\n\n(c) schools;\n\n(d) institutional or other uses involving residential accommodation, including temporary, short stay or holiday accommodation.\n\n(2) In considering an application for planning approval in SCA No. 3, the Commission is to have regard to —\n\n(a) whether the proposal is compatible with any existing or proposed future infrastructure or transport facilities within the Glen Iris Service Corridor;\n\n(b) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework;\n\n(c) recommendations of the chief executive officer of the department principally assisting in the administration of the *Mining Act 1978* and the chief executive officer of the EP department.\n\n##### 23. Consultation\n\nIn considering an application for planning approval with respect to land wholly or partly within SCA No. 3, the Commission is to consult with the chief executive officer of the department principally assisting in the administration of the *Mining Act 1978* and the chief executive officer of the EP department.\n\n### Division 5—Wastewater Treatment Plant Odour Buffer Areas\n\n[Heading inserted: Gazette 7 Jun 2013 p. 2152.]\n\n##### 24A. Purposes—SCA No. 4\n\nThe purposes of SCA No. 4 are—\n\n(a) to implement State Planning Policy No. 4.1: State Industrial Buffers Policy; and\n\n(b) to identify land likely to be subject to offsite odour impacts from wastewater treatment plants; and\n\n(c) to ensure that the use and development of the land in the area is compatible with the on-going operation and expansion of the capacity of the treatment plant, to the extent possible, within the identified odour buffer.\n\n[Clause 24A inserted: Gazette 7 Jun 2013 p. 2152.]\n\n##### 24B. Planning requirements—SCA No. 4\n\nIn considering an application for planning approval in SCA No. 4, the Commission is to have regard to—\n\n(a) whether the proposal is compatible with any existing or proposed future use or development within the wastewater treatment plant; and\n\n(b) whether the proposal—\n\n(i) will suffer adverse impacts from possible odour emissions; or\n\n(ii) may, by its nature, potentially jeopardise the continued operation of the wastewater treatment plant; or\n\n(iii) may limit the wastewater treatment plant from operating at its planned ultimate capacity;\n\nand\n\n(c) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework and policies of the EP department.\n\n[Clause 24B inserted: Gazette 7 Jun 2013 p. 2152-3.]\n\n##### 24C. Consultation\n\nIn considering an application for subdivision or development approval with respect to land wholly or partly within SCA No. 4, the Commission is to consult with the chief executive officer of Water Corporation for comment, and due regard is to be given to any recommendations or comments provided by the Corporation prior to determining the application.\n\n[Clause 24C inserted: Gazette 7 Jun 2013 p. 2153.]\n\n## Part 6 — Development of land\n\n##### 24. Requirement for approval to commence development\n\nSubject to clauses 25 and 26 a person must not commence or carry out —\n\n(a) development on reserved land; or\n\n(b) development of a kind or class specified in a resolution made by the Commission under clause 27,\n\nunless that person has first applied for and obtained the planning approval of the Commission under Part 7.\n\nNote for this clause:\n\n[Planning approval for development in a planning control area must be obtained under the *Planning and Development Act 2005* Part 7.]\n\n##### 25. Permitted development on reserved land\n\nThe following development on reserved land does not require the planning approval of the Commission —\n\n(a) the erection, construction, maintenance, improvement or alteration of a boundary fence or wall or other means of boundary enclosure;\n\n(b) the carrying out of any building or work which affects only the interior of a building and which does not materially affect the external appearance of the building except where the building is —\n\n(i) located in a place that has been entered in the Register of Heritage Places under the *Heritage of Western Australia Act 1990*; or\n\n(ii) the subject of an order under the *Heritage of Western Australia Act 1990* Part 6;\n\n(c) the demolition of any building or structure except where the building or structure is —\n\n(i) located in a place that has been entered in the Register of Heritage Places under the *Heritage of Western Australia Act 1990*; or\n\n(ii) the subject of an order under the *Heritage of Western Australia Act 1990* Part 6;\n\n(d) the erection of signs that —\n\n(i) relate to the functions of a public authority or local government (other than signs of a promotional nature) and are constructed or exhibited by, or on behalf of, the public authority or local government;\n\n(ii) are required for the management or control of traffic on a public road, car park, cycleway, railway or waterway and are constructed or exhibited by or on behalf of a public authority or local government; or\n\n(iii) are required to be exhibited under a written law;\n\n(e) the erection, construction, maintenance, improvement or alteration of a jetty or associated structure (including a boat lifting device or mooring pile) within an artificial waterway except where the jetty or associated structure —\n\n(i) does not comply with a policy in regard to such structures that is adopted by the relevant local government; or\n\n(ii) is situated on a regionally significant waterway identified by resolution of the Commission for the purposes of this provision;\n\n(f) development on reserved land owned by or vested in a public authority that is —\n\n(i) works on land reserved for Primary Regional Roads or Other Regional Roads for the purpose of or in connection with a road as defined in the *Main Roads Act 1930*;\n\n(ii) works on land reserved for Port Installations for the purpose of or in connection with a port;\n\n(iii) works for the purpose of, or in connection with, the supply of water or wastewater services, electricity or gas, or the drainage of surplus water or treatment of water, wastewater or surplus water;\n\n(iv) works on land reserved for Railways, or for Primary Regional Roads or Other Regional Roads, for the purpose of or in connection with a railway, but this does not include the construction or alteration of a railway station or any related carparks, public transport interchange facilities, or associated means of pedestrian or vehicular access;\n\n(v) works on land reserved for Regional Open Space where the works are in accordance with a management plan endorsed by the Commission;\n\n(vi) works on land reserved for Public Purposes — High School for the purpose of or incidental to a high school;\n\n(vii) operational works on land reserved for State Forests for the purpose of or incidental to a State forest;\n\n(viii) development that a public authority is expressly authorised under an Act to commence or carry out without the approval of the Commission;\n\n(g) any development or class of development that the Commission by resolution, notice of which is published in the *Gazette*, declares to be development not requiring the approval of the Commission.\n\n##### 26. Use of reserved land by a public authority\n\nWithout limiting clause 25, reserved land may be used by a public authority without the approval of the Commission if the land is used —\n\n(a) for the purpose for which it is reserved under the Scheme; or\n\n(b) for any purpose for which the land may be lawfully used by the public authority.\n\n##### 27. Resolution as to development in respect of zoned land requiring approval\n\n(1) The Commission may by resolution require development on land zoned under this Scheme to have the planning approval of the Commission before it is commenced or carried on.\n\n(2) The resolution may be made so as to apply to —\n\n(a) all land, or a specified area of land, zoned under this Scheme; and\n\n(b) all development or classes of development or a specified development or class of development on land zoned under this Scheme.\n\n(3) Notice of the resolution is to be —\n\n(a) published in the *Gazette*; and\n\n(b) served on each local government,\n\nas soon as practicable after the resolution is made.\n\n##### 28. Deemed determination of application to commence development where power is delegated to local government\n\n(1) If —\n\n(a) a determination is made by a local government under a local planning scheme in respect of planning approval for development on land to which a resolution under clause 27 applies;\n\n(b) at the same time as the application for that planning approval was made under the local planning scheme, an application was made to that local government under this Scheme for planning approval in respect of the same development; and\n\n(c) the local government has power, pursuant to a delegation by the Commission, to determine the application made under this Scheme,\n\nthen, subject to subclause (2) and despite any other provision of this Scheme, the local government is deemed to have made, at the same time as the determination under the local planning scheme was made, the same determination under this Scheme in respect of the development.\n\n(2) Nothing in this clause prevents the Commission from exercising its power to determine an application for planning approval in accordance with the terms of the delegation referred to in subclause (1)(c).\n\n##### 29. Extensions and changes to a non‑conforming use\n\n(1) A person must not —\n\n(a) alter or extend a non‑conforming use;\n\n(b) erect, alter or extend a building used in conjunction with or in furtherance of a non‑conforming use; or\n\n(c) change the use of land from a non‑conforming use to another non‑conforming use,\n\nunless that person has first applied for and obtained planning approval under Part 7.\n\n(2) In this clause —\n\n  non‑conforming use has the same meaning as it has in the *Planning and Development Act 2005* section 172.\n\n##### 30. Amending or revoking a planning approval\n\nThe Commission may, on written application from the owner of land in respect of which planning approval has been granted, revoke or amend the planning approval prior to the commencement of the development that is the subject of the planning approval.\n\n##### 31. Unauthorised existing developments\n\n(1) Despite clauses 24, 29 and 51, the Commission may grant planning approval for a development already commenced or carried out.\n\n(2) Subclause (1) does not affect the operation of clauses clauses 24, 29 and 51 and the *Planning and Development Act 2005* Part 13 in respect of development commenced or carried out before planning approval has been granted.\n\n(3) Development which was unlawfully commenced is not rendered lawful by the occurrence of any subsequent event except the granting of planning approval for the development, and the continuation of a development unlawfully commenced is taken to be lawful upon the grant of planning approval.\n\n##### 32. Existing uses\n\nNothing in this Scheme prevents the continued use of land for the purpose for which it was being lawfully used immediately before the Scheme came into effect.\n\n##### 33. Existing approvals\n\nDevelopment —\n\n(a) that was lawfully being carried out in a local government district in the region immediately before the Scheme came into effect; or\n\n(b) in respect of which all necessary approvals under the local planning schemes applying to that district were in force immediately before the Scheme came into effect,\n\nmay be lawfully carried out as if this Scheme had not come into effect.\n\n## Part 7 — Applications for planning approval\n\n##### 34. Form of application\n\nAn application for planning approval is to be —\n\n(a) made in the form of Form 1 in Schedule 1;\n\n(b) signed by the owner of the land on which the development is proposed; and\n\n(c) accompanied by such plans and other information as are required under clause 35.\n\n##### 35. Accompanying material\n\nUnless the Commission waives any particular requirement, every application for planning approval is to be accompanied by —\n\n(a) a plan or plans to a scale of not less than 1:500 showing —\n\n(i) the location of the site including street names, lot numbers, north point and the dimensions of the site;\n\n(ii) the existing and proposed ground levels over the whole of the land that is the subject of the application;\n\n(iii) the location, height and type of all existing structures on the land that is the subject of the application, and all existing structures and vegetation proposed to be removed;\n\n(iv) the existing and proposed use of the site, including proposed hours of operation, and buildings and structures to be erected on the site;\n\n(v) the existing and proposed means of access for pedestrians and vehicles to and from the site;\n\n(vi) the location, number, dimensions and layout of all car‑parking spaces intended to be provided;\n\n(vii) the location and dimensions of any area proposed to be provided for the loading and unloading of vehicles carrying goods and commodities to and from the site and the means of access to and from those areas;\n\n(viii) the location, dimensions and design of any open storage or trade display area, and particulars of the manner in which it is proposed to develop those areas; and\n\n(ix) the nature and extent of any open space and landscaping proposed for the site; and\n\n(b) plans, elevations and sections of any building proposed to be erected or altered and of any building it is intended to retain,\n\nand an applicant is also to provide —\n\n(c) any specialist studies that the Commission may require the applicant to undertake in support of the application such as traffic, heritage, environmental, engineering or urban design studies, and\n\n(d) any other plan or information relating to the proposed development that the Commission may reasonably require.\n\n##### 36. Application procedure\n\n(1) An application for planning approval is to be lodged with the local government in whose district the land that is the subject of the application is situated.\n\n(2) A local government which receives an application under subclause (1) is to forward it to the Commission within 7 days of receiving it.\n\n(3) A local government may make recommendations to the Commission regarding an application it has forwarded to the Commission within 42 days, or such longer period as the Commission allows, of the receipt of the application by the local government.\n\n##### 37. Advertising of applications\n\n(1) If the Commission is of the opinion that planning approval should not be granted before notice of the application is given, the Commission may give notice, or require the applicant to give notice, of the application for planning approval in one or more of the following ways —\n\n(a) notice of the proposed development served on nearby owners and occupiers who, in the opinion of the Commission, are likely to be affected by the proposed development, stating that submissions may be made to the Commission by a day specified in the notice, being not less than 14 days from the day the notice is served;\n\n(b) notice of the proposed development published in a newspaper circulating in the region stating that submissions may be made to the Commission by a day specified in the notice being not less than 14 days from the day the notice is published;\n\n(c) a sign or signs displaying notice of the proposed development erected in a conspicuous position on the land on which development is proposed for a period of not less than 14 days from the day the notice is erected.\n\n(2) The notice referred to in subclause (1) is to be in the form of Form 2 in Schedule 1 with such modifications as are considered appropriate by the Commission.\n\n(3) Any person may inspect the application for planning approval referred to in the notice and the material accompanying that application during business hours at the offices of the Commission.\n\n##### 38. Determination by Commission\n\nAfter —\n\n(a) the expiry of the period referred to in clause 36(3) within which the local government may make recommendations, or the making of recommendations by the local government under clause 36(3), whichever is sooner; and\n\n(b) the expiry of any period specified for the purposes of clause 37(1)(a), 37(1)(b) or 37(1)(c) in respect of the notice of proposed development,\n\nthe Commission may determine the application for planning approval.\n\n## Part 8 — Procedure for dealing with applications\n\n##### 39. Consultation with other authorities\n\n(1) The Commission may consult on a proposed development with any public authority it considers appropriate.\n\n(2) The Commission is not to determine a planning application in respect of land reserved under the Scheme for the purposes of a public authority without first consulting that public authority.\n\n##### 40. Matters to be considered by Commission\n\nThe Commission in considering an application for planning approval is to have regard to such of the following matters as are in the opinion of the Commission relevant to the development that is the subject of the application —\n\n(a) the aims and provisions of the Scheme and any other local planning schemes in effect within the region;\n\n(b) the requirements of orderly and proper planning including any relevant proposed Scheme amendment, or new local planning scheme or amendment, for which consent for public submissions to be sought has been granted;\n\n(c) any State planning policy;\n\n(d) any environmental protection policy approved under the *Environmental Protection Act 1986*;\n\n(e) any policy or strategy of the Commission and any policy adopted by the Government of the State;\n\n(f) the provisions of any Local Planning Strategy of the local government in respect of a local planning scheme, as approved by the Commission under the *Town Planning Regulations 1967* regulation 12B and amended from time to time;\n\n(g) in the case of land reserved under the Scheme, the purpose for which the land is reserved;\n\n(h) the conservation of any place that has been —\n\n(i) entered in the Register of Heritage Places under the *Heritage of Western Australia Act 1990*; or\n\n(ii) which is included in a Heritage List or a Heritage Area under a local planning scheme;\n\n(i) the compatibility of a development with its setting;\n\n(j) any social issues that have an effect on the amenity of the locality;\n\n(k) the cultural significance of any place or area affected by the development;\n\n(l) the likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;\n\n(m) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or other risk;\n\n(n) the preservation of the amenity of the location;\n\n(o) the relationship of the proposal to development on adjoining land or on other land in the locality, including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;\n\n(p) whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;\n\n(q) the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;\n\n(r) whether public transport services are necessary and, if so, whether they are available and adequate for the proposal;\n\n(s) whether public utility services are available and adequate for the proposal;\n\n(t) whether adequate provision has been made for access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);\n\n(u) whether adequate provision has been made for access by disabled persons;\n\n(v) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;\n\n(w) whether the proposal is likely to cause soil erosion or land degradation;\n\n(x) the potential loss of any community service or benefit resulting from the planning approval;\n\n(y) any relevant submissions received on the application;\n\n(z) any recommendations received from a local government under clause 36(3);\n\n(za) consultations under clause 39(1); and\n\n(zb) any other planning consideration the Commission considers relevant.\n\n##### 41. Determination of applications\n\nIn determining an application for planning approval the Commission may —\n\n(a) grant its approval with or without conditions; or\n\n(b) refuse to grant its approval.\n\n##### 42. Form and date of determination\n\n(1) As soon as practicable after determining an application, the Commission is to give notice of the determination to the applicant in the form of Form 3 in Schedule 1.\n\n(2) The date of the determination is the date specified in the notice.\n\n(3) If the Commission refuses an application for planning approval the Commission is to give reasons for its refusal.\n\n##### 43. Term of planning approval\n\n(1) If the Commission grants planning approval for the development of land —\n\n(a) the development approved is to be substantially commenced within 2 years, or such other period as is specified in the approval, after the date of the determination; and\n\n(b) the approval lapses if the development has not substantially commenced before the expiration of that period.\n\n(2) A written request may be made to the Commission for an extension of the term of planning approval at any time prior to the expiry of the approval period under subclause (1).\n\n##### 44. Temporary planning approval\n\nIf the Commission grants planning approval, the Commission may impose conditions limiting the period of time for which the approval is given.\n\n##### 45. Scope of planning approval\n\nPlanning approval may be granted —\n\n(a) for the development for which the approval is sought;\n\n(b) for that development, except for a specified part or aspect of that development; or\n\n(c) for a specified part or aspect of that development.\n\n##### 46. Approval subject to later approval of details\n\n(1) Where an application for planning approval is for a development that includes the carrying out of any building or works, the Commission may grant approval subject to matters requiring the subsequent planning approval of the Commission. These matters may include the siting, design and external appearance of the buildings, means of access, landscaping and such other matters as the Commission thinks appropriate.\n\n(2) In respect of an approval requiring subsequent planning approval, the Commission may require such further details as it thinks appropriate prior to considering the application for subsequent planning approval.\n\n(3) Where the Commission has granted approval subject to matters requiring the later planning approval of the Commission, an application for approval of those matters must be made not later than 2 years after the date of the determination of the first approval, or such other period as is specified in the first approval.\n\n##### 47. Deemed refusal\n\n(1) Subject to subclause (2), an application for planning approval is deemed to have been refused if a determination in respect of that application is not given to the applicant by the Commission within 60 days of the receipt of the application by the Commission, or within such further time as is agreed in writing between the applicant and the Commission.\n\n(2) An application for planning approval which is the subject of a notice under clause 37 is deemed to be refused where a determination in respect of that application is not given to the applicant by the Commission within 90 days of the receipt of the application by the Commission, or within such further time as is agreed in writing between the applicant and the Commission.\n\n(3) Despite an application for planning approval being deemed to have been refused, the Commission may issue a determination in respect of the application at any time after the expiry of the period referred to in subclause (1) or (2), as the case requires, and that determination is as valid and effective from the date of determination as if it had been made before the period expired.\n\n##### 48. Application for review\n\nAn applicant  aggrieved by —\n\n(a) the exercise of a discretionary power by the Commission under the Scheme in respect of the application; or\n\n(b) a decision of the Commission not to transfer land from the Urban Deferred zone to the Urban zone; or\n\n(c) a decision of the Commission not to transfer land from the Industrial Deferred zone to the Industrial zone,\n\nmay apply to the State Administrative Tribunal for a review under the *Planning and Development Act 2005* Part 14.\n\n[Clause 48 amended: Gazette 9 May 2014 p. 1429.]\n\n## Part 9 — Enforcement and administration\n\n##### 49. Compensation\n\n(1) A claim for compensation for injurious affection may be made under the *Planning and Development Act 2005* Part 11.\n\n(2) A claim for compensation for injurious affection to land or property other than reserved land is to be lodged at the office of the Commission within 6 months of the date of publication in the *Gazette* of notice of the approval of the Scheme or the amendment by which the land or property is injuriously affected.\n\n(3) A claim for compensation is to be in the form of Form 4 in Schedule 1.\n\n(4) If compensation for injurious affection is claimed as a result of the operation of the provisions of the *Planning and Development Act 2005* section 174(1) the Commission may at its option elect to acquire the land so affected instead of paying compensation.\n\n##### 50. Powers of the Commission\n\n(1) The Commission in implementing the Scheme has the power to enter into an agreement with any owner, occupier or other person having an interest in land affected by the provisions of the Scheme in respect of any matters pertaining to the Scheme.\n\n(2) A person authorised in writing by the Commission may, at all reasonable times and with such assistance as may be required, enter any building or land in the region for the purpose of ascertaining whether the provisions of the Scheme are being observed.\n\n##### 51. Person must comply with provisions of Scheme\n\nA person must not —\n\n(a) contravene the provisions of the Scheme;\n\n(b) use a building or commence or continue to carry out any development within the region otherwise than in accordance with —\n\n(i) the Scheme; and\n\n(ii) any conditions imposed upon the grant of any approval under the Scheme in respect of the use or development.\n\n##### 52. Environmental conditions\n\n(1) Environmental conditions incorporated into the Scheme or an amendment to the Scheme are set out in Schedule 2.\n\n(2) Where appropriate, the environmental conditions are indicated on the Scheme Map by the symbol EC to indicate that environmental conditions apply to the land.\n\n(3) The Commission is to —\n\n(a) maintain a register of all relevant statements published under the *Environmental Protection Act 1986* sections 48F and 48G; and\n\n(b) make the statements available for public inspection at the offices of the Commission.\n\n##### 53. Certificates\n\n(1) The Commission may, on payment of the relevant fee set under the *Planning and Development Act 2005* section 20, issue a certificate in the form set out in Schedule 3 in respect of any land, stating the manner in which it is affected by the Scheme and the purpose, if any, for which the land is reserved under the Scheme.\n\n[(2) deleted]\n\n[Clause 53 amended: Gazette 1 Jun 2012 p. 2285.]\n\nSchedule 1 — Forms\n\nForm 1\n\n**Form of Application for Planning Approval**\n\n[cl. 34]\n\n***Greater Bunbury Region Scheme***\n\n- **Owner details**\n- Name:\n- Address:\n- Postcode:\n- Phone: (home):\n- (work): Fax:\n- (mobile): E‑mail:\n- Contact person:\n- Signature: Date:\n- Signature: Date:\n- ***The signature of the owner(s) is required on all applications. This application will not proceed without that signature.***\n- **Applicant details**\n- Name:\n- Address:\n- Postcode:\n- Phone: (home):\n- (work): Fax:\n- (mobile): E‑mail:\n- Contact person for correspondence:\n- Signature: Date:\n\n- **Property details**\n- Lot No.: House/Street No.: Location No.:\n- Diagram or\nPlan No.: Certificate of Title Vol. No.: Folio:\n- Diagram or\nPlan No.: Certificate of Title Vol. No.: Folio:\n- Title encumbrances (e.g. easements, restrictive covenants):\n- Street name: Suburb:\n- Nearest street intersection:\n- Existing building/land use:\n- Description of proposed development and/or use:\n- Nature of any existing buildings and/or use:\n- Approximate cost of proposed development:\n- Estimated time of completion:\n- ***OFFICE USE ONLY***\n- Acceptance Officer’s initials: Date received:\n- Local government reference No.:\n- Commission reference No.:\n\n\nForm 2\n\n**Notice of Public Advertisement of Planning Proposal**\n\n[cl. 37]\n\n***Greater Bunbury Region Scheme***\n\nWestern Australian Planning Commission\n\n- The Commission has received an application to use and/or develop land for the following purpose and public comments are invited.\n- Lot No.: Street: Suburb:\n- Proposal: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………\n- Details of the proposal are available for inspection at the Commission’s office. Comments on the proposal may be submitted to the Commission in writing on or before the.................... day of …………………………………..\n- Signed:\n- Dated:\n- for and on behalf of the Western Australian Planning Commission\n\n\nForm 3\n\n**Notice of Determination of Application for Planning Approval**\n\n[cl. 42]\n\n***Greater Bunbury Region Scheme***\n\n**Western Australian Planning Commission**\n\n- Location:\n- Lot No.: Plan/Diagram:\n- Vol. No.: Folio No.:\n- Application date: Received on:\n- Description of proposed development: ……………………………………………………………………………………………………………………………………………………………………...\n- The application for planning approval is:\n- 🞏🞏 granted subject to the following conditions:\n- refused for the following reason(s):\n- Condition(s)/reason(s) for refusal: ……………………………………………………………………………………………………………………………………………………………………..\n- Note 1 If the development that is the subject of this approval is not substantially commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval shall lapse and be of no further effect.\n- Note 2 Where an approval has so lapsed, no development shall be carried out without the further approval of the Commission having first been sought and obtained.\n- Note 3 If an applicant is aggrieved by this determination there is a right of review under the Scheme clause 48*.* An application for review must be made in accordance with the *State Administrative Tribunal Rules 2004*.\n- Signed:\n- Dated:\n- for and on behalf of the Western Australian Planning Commission\n\n\nForm 4\n\n**Claim for Compensation for Injurious Affection**\n\n[cl. 49]\n\n***Greater Bunbury Region Scheme***\n\nTo the Western Australian Planning Commission:\n\n- **Owner details***\n- Name:\n- Address:\n- Postcode:\n- Phone (home):\n- (work): Fax:\n- (mobile): E‑mail:\n\n\n[*If the claim is made under the *Planning and Development Act 2005* section 177(1)(a), the details are to be those of the owner of the land at the date of reservation or alteration of the reservation, as the case requires.\n\nIf the claim is made under the *Planning and Development Act 2005* section 177(1)(b), the details are to be those of the owner of the land at the date of the application for approval to carry out development.]\n\n- Contact person:\n- Signature: Date:\n- Signature: Date:\n- ***The signature of the owner(s) is required on all applications. This application will not proceed without that signature.***\n- **Details of property in respect of which claim for compensation for injurious affection is made**\n- Lot No.: House/Street No.: Location No.:\n- Diagram or Plan No.: Certificate of Title Vol. No.: Folio:\n- Diagram or Plan No.: Certificate of Title Vol. No.: Folio:\n- Title encumbrances (e.g. easements, restrictive covenants):\n- Street name: Suburb:\n- Nearest street intersection:\n- Existing building/land use:\n- Description of proposed development and/or use:\n- Nature of any existing buildings and/or use:\n- **State reasons for the claim that the property has been injuriously affected**\n- **State amount of compensation claimed**\n- The amount of compensation claimed is:\n- which is made up as follows:\n\n\nSchedule 2 — Environmental Conditions\n\n[cl. 52]\n\n1. Management Plans\n\nThe following Environmental Management Plans may be required in accordance with the specifications set out in Attachment 1 in the Minister for the Environment’s “Statement that a Scheme may be Implemented” No. 000697 published on 31 October 2005, and shall be subsequently implemented in accordance with the provisions of the Management Plans, to the satisfaction of the Western Australian Planning Commission —\n\n(a) Environmental Management Plans for schemes, subdivisions and developments which impact on Regional Open Space in the scheme, Crown conservation or nature reserves, a National Park or bushland, waterways, wetlands or other land that may be part of an ecological linkage;\n\n(b) Environmental Management Plans for industrial development within the Kemerton Industrial Area and Special Control Area No. 2;\n\n(c) Drainage, Nutrient and Water Management Plans in areas where the Average Maximum Groundwater Level is less than 1.2 metres below the natural ground surface or where any proposed off-site drainage could lead to degradation of wetlands or waterways; and\n\n(d) Acid Sulfate Soil Management Plans where the presence of acid sulphate soils is confirmed or there is likely to be a significant risk of disturbing acid sulphate soils.\n\n2. Biological Survey\n\nAs part of a scheme amendment or application to subdivide or develop land which has the potential to impact on regionally significant native remnant vegetation or native fauna, the Western Australian Planning Commission or local government, as the case requires, may require a biological survey, including a search for Declared Rare Flora and Fauna, Priority Flora, Threatened Flora Communities and Threatened Fauna, to be undertaken.\n\nThe biological survey shall be undertaken to the satisfaction of the Western Australian Planning Commission or local government, as the case requires, having due regard for advice from relevant government agencies, and shall be taken into account when considering the rezoning and subsequent subdivision and development applications.\n\n3. Provision of Environmental Offsets\n\nPrior to construction of the Port Access Road and Bunbury Outer Ring Road, an environmental offset strategy shall be prepared to mitigate unavoidable impacts on wetlands and native vegetation associated with the Port Access Road and Bunbury Outer Ring Road to the satisfaction of the Western Australian Planning Commission on advice of the Environmental Protection Authority. With respect to the Port Access Road, the strategy shall include a foreshore management plan for the Ferguson River in the vicinity of the road. With respect to the Bunbury Outer Ring Road, the strategy shall include rehabilitation of the strip of land adjacent to the road in the vicinity of Lot 15 North Boyanup Road (South Western Highway) and design of the intersection with the Australind Bypass to minimize impacts on environmental values of the area.\n\nSchedule 3 — Certificate\n\n[cl. 53]\n\n***Greater Bunbury Region Scheme***\n\n**Scheme Certificate**\n\nIn accordance with the *Greater Bunbury Region Scheme* clause 53 the following information is furnished in respect of:‑\n\nLocation: ........................................................................................................……\n\nLot No. : ........................................... Plan/Diagram No. : ……………….……....\n\nVol No. : ............................................. Folio No. : ………………………………\n\n……………………………………………………………………………………\n\n……………………………………………………………………………………\n\n……………………………………………………………………………………\n\n……………………………………………………………………………………\n\n……………………………………………………………………………………\n\nNotes\n\n1 This is a compilation of the *Greater Bunbury Region Scheme* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Greater Bunbury Region Scheme* | 17 Oct 2007 p. 5555‑601 | 17 Oct 2007 |\n| *Greater Bunbury Region Scheme Amendment No. 0009/57* | 9 Apr 2010 p. 1363 | 9 Apr 2010 |\n| *Region Planning Schemes Amendments Instrument 2012* Pt. 3 | 1 Jun 2012 p. 2284‑5 | 1 Jun 2012 |\n| *Greater Bunbury Region Scheme Amendment 0020/57* | 7 Jun 2013 p. 2152-3 | 7 Jun 2013 |\n| *Greater Bunbury Region Scheme Amendment 2013* | 9 May 2014 p. 1428-9 | 2 Apr 2014 (see cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nartificial waterway 2(2)\n\nEP department 2(2)\n\nlocal government 2(2)\n\nnon‑conforming use 29(2)\n\nregion 2(2)\n\nreserved land 2(2)\n\nreserved land owned by or vested in a public authority 2(2)\n\nSCA No. 1 2(2)\n\nSCA No. 2 2(2)\n\nSCA No. 3 2(2)\n\nSCA No. 4 2(2)\n\nScheme 2(2)\n\nState forest 2(2)\n\nState Planning Framework 2(2)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2007 scheme focused on regional planning for transport, infrastructure, and general land use zoning. However, the legislation has expanded significantly through amendments to address emerging environmental and industrial conflicts. The 2010 amendment added 'Industrial Deferred' zones and 'Urban Deferred' zone transfer mechanisms. The 2013 amendment introduced SCA No. 4 (Wastewater Treatment Plant Odour Buffer Areas) - a completely new category of special control not in the original scheme. The 2014 amendment expanded review rights to include zone transfer decisions. The scheme has evolved from a broad regional planning instrument into a sophisticated tool for managing industrial-residential interface conflicts and environmental protection, with increasingly detailed buffer requirements and consultation obligations."},"complexity_factors":["Moderate length (53 clauses plus schedules) with detailed procedural requirements for applications and approvals","14 defined terms in clause 2, with additional definitions incorporated by reference from the Planning and Development Act 2005","Four Special Control Areas (SCA No. 1-4) with overlapping requirements - development must comply with both zone provisions AND special control area provisions","Extensive cross-referencing to external legislation including the Planning and Development Act 2005, Environmental Protection Act 1986, Heritage of Western Australia Act 1990, and various State Planning Policies","Conditional logic in clause 25 listing 7 categories of exempt development with multiple sub-conditions (e.g., heritage exclusions, waterway significance tests)","Dual approval pathways in clause 28 creating deemed determinations when local governments act under delegation","Multiple amendment history (5 amendments since 2007) creating layered obligations, particularly the 2013 insertion of Division 5 for wastewater buffers","Clause 40 contains an alphabetical list of 28 distinct matters the Commission must consider, creating a complex balancing test for decisions"],"plain_english_summary":"This legislation is the **Greater Bunbury Region Scheme**, a planning scheme for a large area in Western Australia's south-west covering the City of Bunbury and the shires of Capel, Dardanup, and Harvey.\n\n**What it does:**\n- **Controls land use**: It divides the region into zones (Urban, Industrial, Rural, etc.) and reserves land for public purposes like roads, railways, ports, and parks.\n- **Protects sensitive areas**: It creates four \"Special Control Areas\" to protect drinking water catchments, buffer industrial zones from residential areas, and manage odour impacts from wastewater plants.\n- **Manages development**: Most development needs approval from the Western Australian Planning Commission (WAPC), especially on reserved land or in sensitive areas. Some minor works (like interior renovations or boundary fences) don't need approval.\n- **Coordinates planning**: It overrides local council planning schemes where they conflict, ensuring regional consistency.\n\n**Who it affects:**\n- **Landowners and developers** in the Greater Bunbury region who want to build or change land use.\n- **Local governments** (City of Bunbury, Shires of Capel, Dardanup, Harvey) who must forward applications to the Commission and can make recommendations.\n- **Public authorities** like Main Roads WA, Water Corporation, and the Port Authority who manage reserved land.\n- **Community members** who can object to developments through public advertising processes.\n\n**Why it matters:**\nThe Scheme balances growth with environmental protection. It prevents housing from being built too close to heavy industry or wastewater plants (protecting health and property values), safeguards drinking water sources, and ensures major infrastructure like the Bunbury Port and outer ring road can expand without being blocked by incompatible development. It also provides a pathway for landowners to claim compensation if the scheme reduces their property value (called \"injurious affection\")."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Scheme has expanded beyond a simple zoning and reservation map. Later amendments added or sharpened Special Control Areas (notably the Wastewater Treatment Plant Odour Buffer SCA No.4 and associated consultation requirements — clauses 24A–24C), introduced a formal mechanism for converting deferred zones to active zones by Commission resolution (clause 13), and incorporated detailed environmental management and offset requirements (Schedule 2) tied to Ministerial and EPA statements. These additions extend the Scheme’s regulatory reach from mapping and regional reservation into prescriptive buffer policies, environmental offset strategies and detailed procedural hooks (consultation duties, prohibited land uses in SCAs, and inter‑agency advice). The result is a scheme that now combines strategic mapping with substantive operational controls and built‑in environmental mitigation obligations (clauses 13, 14–24C, Schedule 2)."},"complexity_factors":["Multiple Parts (9 Parts + Schedules) and ~53 substantive clauses spread across topics (zoning, reserves, SCAs, development controls, procedures, enforcement).","About 15 defined terms listed in the compilation (clause 2 and Defined terms list).","Cross‑references to many external Acts and instruments: Planning and Development Act 2005, Environmental Protection Act 1986, Mining Act 1978, Main Roads Act 1930, Heritage of WA Act 1990, Conservation and Land Management Act 1984.","Special Control Areas with bespoke rules and consultation obligations (SCA No.1–No.4) creating layered regulation over underlying zones (clauses 14–24C).","Nested conditional approvals and exceptions: permitted public‑authority works (clause 25), resolution powers to require Commission approval on zoned land (clause 27), and ability to declare classes of development exempt (clause 25(g)).","Delegation and deemed determination mechanism that links local government determinations to Commission outcomes (clause 28) — conditional and potentially confusing. ","Long, non‑exhaustive list of discretionary assessment matters (clause 40) which broadens administrative discretion and requires cross‑agency inputs. ","Time limit rules with two different deemed refusal periods (60 days standard; 90 days if advertised) and ability to agree extensions (clause 47).","Environmental conditions and offset requirements referencing external EPA statements and Ministerial “Statement that a Scheme may be Implemented” (Schedule 2 and clause 52) — adds technical compliance burden.","Compensation regime linking to the Planning and Development Act Part 11 and a strict lodgement period (6 months) for injurious affection claims (clause 49)."],"plain_english_summary":"**What this scheme is and what it does (mechanics first)**\n\n- The Greater Bunbury Region Scheme is a regional planning instrument that divides the Greater Bunbury area into zones and reserves on a Scheme Map and sets the rules for how land can be used and developed in those zones and reserves (clauses 3–4, 9–12).  \n\n- The Western Australian Planning Commission (referred to in the Scheme as “the Commission”) is the decision‑maker for planning approvals required under the Scheme. It can grant, refuse or grant with conditions (clauses 34, 38, 41–42).  \n\n- Development on reserved land or on classes of zoned land that the Commission has said need Commission approval cannot start until the Commission grants planning approval (clauses 24, 27). Certain minor works and public‑authority works are allowed without separate approval (clause 25).  \n\n- The Scheme creates Special Control Areas (SCAs) — mapped buffer or protection zones with extra rules and consultation requirements for particular matters: Water Catchments (SCA No.1), Kemerton Industrial Zone Buffer (SCA No.2), Glen Iris Service Corridor Buffer (SCA No.3), and Wastewater Treatment Plant Odour Buffers (SCA No.4) (clauses 14–24C). Those SCAs impose prohibited uses and extra assessment matters (for example, residential, hospitals and schools are not permitted in some buffer SCAs — clause 19(1), clause 22(1)).  \n\n- The Commission must consider State planning policies and a long list of planning matters (environmental, heritage, traffic, services, amenity, etc.) when deciding applications (clause 8; clause 40). It must consult certain state agencies for some SCAs and reserve lands (clauses 16–17, 19–20, 22–23, 24B–24C, 39).  \n\n- Time limits and process rules: applications go to the local government first, which forwards them to the Commission and may make recommendations within 42 days (clause 36). If the Commission does not decide within statutory time limits, the application is “deemed refused” after 60 days (or 90 days if advertised) unless the applicant and Commission agree to more time (clause 47). Applicants can seek review in the State Administrative Tribunal for certain grievances (clause 48).  \n\n- Environmental conditions and offsets are built into the Scheme: Schedule 2 lists management plans, biological surveys and offset requirements tied to Scheme implementation and particular projects (Schedule 2). The Commission also keeps a register of Environmental Protection Act statements (clause 52).  \n\n- Compensation: owners who suffer injurious affection from reservation or scheme provisions may claim compensation under the Planning and Development Act processes, subject to statutory time limits and forms (clause 49). The Commission may choose to acquire land instead of paying compensation in some cases (clause 49(4)).  \n\n**Who this affects**\n\n- Landowners and developers in the City of Bunbury, and the Shires of Capel, Dardanup and Harvey — they are subject to the zoning, reserve rules, SCA restrictions and approval processes (clause 3).  \n\n- Local governments — they receive applications, forward them to the Commission, and may make recommendations; the Scheme overrides inconsistent local planning schemes where there is conflict (clauses 36, 7).  \n\n- State agencies (Environment, Water Corporation, Mining, Main Roads, etc.) — the Commission must consult or have regard to their advice for particular areas and SCAs (clauses 16–17, 19–20, 22–23, 24B–24C, 39).  \n\n- Public authorities carrying out works on reserved land — many operational works by public authorities are permitted without a separate Commission planning approval (clause 25(f)).  \n\n**Why it matters (purpose statements and how they interact with incentives and costs)**\n\n- The Scheme expressly aims to protect regional transport, conservation, water catchments, industrial lands and future urban land while enabling planned industrial and urban development (clauses 5–6). That intention is implemented by mapping, prohibiting some uses in buffer areas, and requiring Commission approvals for development that could affect regional outcomes (clauses 9–13, 14–24C, 24–27).  \n\n- Effect on private decision‑making and costs: by requiring Commission approval for reserved land and for classes of development the Commission designates (clauses 24, 27), the Scheme adds a gatekeeper step. Developers face extra compliance tasks (detailed plans, specialist studies — clause 35), additional consultation and potential conditions. Those requirements increase time-to‑decision risk (deemed refusal timeframes, cl.47) and project cost (fees, studies, possible offsets or mitigation measures in Schedule 2).  \n\n- Regulatory uncertainty and administrative discretion: the Commission’s decisions must “have regard to” many matters (clause 40), giving it broad discretion. That discretion allows tailoring to environmental and infrastructure priorities but increases uncertainty for developers about outcomes and the specific conditions that may be imposed.  \n\n- Concentrated vs diffuse impacts: The scheme concentrates protective benefits (for example, industrial buffers and water catchments) which are regionally significant. The costs (delays, conditional approvals, restrictions on certain land uses) are borne by individual landowners and developers in affected areas; compensation rules exist but are time‑limited and follow statutory procedures (clause 49).  \n\n- Interaction with markets and contestability: prohibitions in buffer SCAs (clauses 19(1), 22(1)) reduce the range of permissible uses on specific parcels, which can lower land‑use optionality and affect land values and the ability of entrepreneurs to repurpose land. The Scheme also protects industrial land for long‑term industrial use (clause 6(e), (h)), which can support investment in scale projects but may restrict alternative commercial or residential development opportunities.  \n\n- Implementation risks and opportunity costs: successful operation depends on timely inter‑agency consultation (clauses 16–17, 19–20, 22–23, 24C), consistent application of State policies (clause 8), and resources at the Commission and local governments to assess technical studies (clause 35). The opportunity cost is that land put aside for regional purposes cannot be used for potentially higher‑value private development unless rezoned by the Commission (clause 13).  \n\n**Key specific provisions to watch**\n\n- Prohibited uses in industrial/wastewater buffers (clauses 19(1), 22(1), 24B).  \n- Commission’s power to change deferred zones to active zones by resolution (clause 13).  \n- Deemed determination/delegation interplay between local governments and the Commission (clause 28).  \n- Time limits for decision and deemed refusals (clause 47).  \n- Environmental management and offset requirements in Schedule 2 and associated consultation obligations (clause 52; Schedule 2)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available for analysis. The page returned an error indicating the URL is no longer active on the Western Australian legislation website."},"complexity_factors":["No legislative content was retrievable — the page returned a 404/broken link error","Only metadata and an acknowledgement of country were present","Cannot assess true complexity without the actual legislative text","Region Schemes are generally complex documents, but this cannot be confirmed from the content provided"],"plain_english_summary":"The Greater Bunbury Region Scheme is a legally binding regional land‑use planning framework for the Greater Bunbury area in Western Australia. It sets broad zoning and reserves and guides future development, affecting property owners, developers, local councils and residents. This summary is limited because the official document could not be retrieved; consult the Western Australian Planning Commission or Parliamentary Counsel for the authoritative text."}},"importantCases":[],"_links":{"self":"/api/acts/greater-bunbury-region-scheme","history":"/api/acts/greater-bunbury-region-scheme/history","analysis":"/api/acts/greater-bunbury-region-scheme/analysis","conflicts":"/api/acts/greater-bunbury-region-scheme/conflicts","importantCases":"/api/acts/greater-bunbury-region-scheme/important-cases","documents":"/api/acts/greater-bunbury-region-scheme/documents"}}