{"id":"metropolitan-region-scheme-fremantle-act-1994","name":"Metropolitan Region Scheme (Fremantle) Act 1994","slug":"metropolitan-region-scheme-fremantle-act-1994","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105603,"registerId":"wa-metropolitan-region-scheme-fremantle-act-1994-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Metropolitan Region Scheme (Fremantle) Act 1994","content":"![Crest]()Western Australia\n\nMetropolitan Region Scheme (Fremantle) Act 1994\n\nWestern Australia\n\nMetropolitan Region Scheme (Fremantle) Act 1994\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Amendment to Metropolitan Region Scheme 2\n\n5. Effect of amendment 2\n\n6. Inspection of Plan 2\n\nSchedule\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nMetropolitan Region Scheme (Fremantle) Act 1994\n\nAn Act to amend the Metropolitan Region Scheme to reinstate certain areas of the City of Fremantle as a Controlled Access Highway Reservation.\n\n[Assented to 22 September 1994.]\n\nThe Parliament of Western Australia enacts as follows:\n\n##### 1. Short title\n\nThis Act may be cited as the *Metropolitan Region Scheme (Fremantle) Act 1994*.\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which it receives the Royal Assent.\n\n##### 3. Interpretation\n\nIn this Act —\n\n  Commission and Metropolitan Region Scheme have the same meanings as they have in the *Planning and Development Act 2005*;\n\n  Plan means Plan No. 4.1244 held by the Commission, a reproduction of which is shown in the Schedule.\n\n[Section 3 amended: No. 38 of 2005 s. 15.]\n\n##### 4. Amendment to Metropolitan Region Scheme\n\nThe Metropolitan Region Scheme is amended by cancelling the Urban Zone classification of those portions of land shown stippled on the Plan and reserving those portions of land as a Controlled Access Highway.\n\n##### 5. Effect of amendment\n\n(1) The amendment to the Scheme effected by section 4 has effect as though the provision were enacted by the *Metropolitan Region Town Planning Scheme Act 1959*.\n\n(2) Nothing in this Act affects the operation of the *Planning and Development Act 2005* with respect to amendments to the Scheme as amended by this Act.\n\n[Section 5 amended: No. 38 of 2005 s. 15.]\n\n##### 6. Inspection of Plan\n\nThe Plan is open for public inspection during ordinary business hours at the office of the Department of Planning and Urban Development.\n\nSchedule\n\n[Section 3]\n\n![]()\n\nNotes\n\n1 This is a compilation of the *Metropolitan Region Scheme (Fremantle) Act 1994* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Metropolitan Region Scheme (Fremantle) Act 1994* | 44 of 1994 | 22 Sep 1994 | 22 Sep 1994 |\n| *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and *Gazette* 21 Mar 2006 p. 1078) |\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\nCommission 3\n\nMetropolitan Region Scheme 3\n\nPlan 3\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This version does not expand the Act beyond its original, narrow purpose of reclassifying specified land on the Metropolitan Region Scheme as a Controlled Access Highway reservation. The later amendment noted in the compilation table updated cross-references and definitions to align with the Planning and Development Act 2005 (see notes and section 3 amendment), but these are technical and consequential; they do not materially broaden the Act's substantive scope or add new subject-matter."},"complexity_factors":["Very short Act: 6 operative sections plus a Schedule","Only 3 defined terms in the Act (Commission, Metropolitan Region Scheme, Plan) (section 3)","Single substantive operation: map-based zoning change (section 4)","Cross-references to external legislation: Metropolitan Region Town Planning Scheme Act 1959 and Planning and Development Act 2005 (section 5)","Dependence on an external, non-textual instrument (Plan No. 4.1244) held by the Commission (section 3) — precise effect requires inspecting that Plan","Minor procedural clause preserving the Planning and Development Act 2005's operation (section 5(2))"],"plain_english_summary":"**What the law does (mechanically)\n\n- This Act changes the classification of specific parcels of land in Fremantle on the Metropolitan Region Scheme (the State planning map). It cancels the \"Urban Zone\" label for the areas shown on Plan No. 4.1244 and reclassifies those same areas as a \"Controlled Access Highway\" reservation (section 4).\n\n- The change is given the same legal effect as if it had been made under the earlier statutory regime (the Metropolitan Region Town Planning Scheme Act 1959) (section 5(1)). The Act also confirms that the Planning and Development Act 2005 continues to apply to further amendments to the Scheme (section 5(2)).\n\n- The specific map (Plan No. 4.1244) that shows the affected land is kept by the Planning Commission and may be inspected at the Department of Planning and Urban Development during ordinary business hours (section 3 definition of Plan; section 6).\n\nWho it affects and why it matters\n\n- Landowners and developers with interests in the shaded portions shown on Plan No. 4.1244 will be directly affected because the land-use classification changes from \"Urban\" (which allows urban development under the Scheme) to a highway reservation (which restricts most development to allow for a controlled-access road) (section 4).\n\n- State planning agencies (the Commission and the Department) and agencies responsible for transport and road construction gain a clearer statutory basis to plan for and protect the corridor for a controlled-access highway.\n\n- The change constrains the private use of the land: it reduces or removes the ability to pursue urban development on those parcels unless the reservation is later removed or modified under the Scheme.\n\nOfficial purpose claim and practical trade-offs\n\n- The Act is presented as a reinstatement of those areas as a Controlled Access Highway reservation. That is a planning decision to protect a transport corridor (short title and preamble).\n\n- Costs and incentives: the immediate cost is primarily the opportunity cost borne by affected landowners — land that could have been developed for urban uses is now reserved for a road, which can lower land-use flexibility and market value. The concentrated benefit accrues to transport agencies and to future users of the highway corridor (if built). The Act itself does not set out any compensation mechanism; acquisition or compensation (if any) would arise under other laws or processes.\n\n- Administrative mechanics and discretion: the Planning Commission holds the authoritative map and the Department provides public inspection (sections 3 and 6). Any future change to the reservation would follow the ordinary amendment procedures under the Planning and Development Act 2005 (section 5(2)).\n\n- Implementation risks and compliance burden: the Act is a narrow, map-based reclassification. Implementation risk is low in legal terms (it is a clear amendment to the Scheme), but practical consequences include potential development applications being refused or deferred and possible disputes about land value or acquisition. The compliance burden sits mainly with landowners and developers who must respect the new reservation in their planning proposals.\n\nEffects on private enterprise and markets (brief)\n\n- Limits on development: firms that develop residential, commercial or mixed-use projects on the affected parcels lose the ability to proceed under the \"Urban\" zoning unless the reservation is removed.\n\n- Property and contracting impacts: the reclassification may change land valuation, affect existing contracts contingent on zoning, and alter incentives for sale or redevelopment.\n\nKey legal points to note (where to look in the Act)\n\n- The precise land affected is identified only by reference to Plan No. 4.1244 held by the Commission (section 3). Inspecting that Plan is necessary to know the exact parcels (section 6).\n\n- The amendment is made directly to the Metropolitan Region Scheme (section 4) and is stated to have the force of a prior metropolitan-regional statute (section 5(1)), while not displacing the operation of the Planning and Development Act 2005 for future amendments (section 5(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: reinstating specific Fremantle land as a Controlled Access Highway Reservation. The 2005 amendments merely updated statutory references when the Planning and Development Act replaced earlier legislation, without expanding the scope or effect of the original 1994 rezoning."},"complexity_factors":["Only 6 sections total, with 3 defined terms","Single purpose: reclassifying specific land shown on a map","Minimal cross-referencing (only references to Planning and Development Act 2005 and Metropolitan Region Town Planning Scheme Act 1959)","No conditional logic, exceptions, or nested provisions","Relies entirely on external map/plan for substantive effect (the Schedule shows the actual land)"],"plain_english_summary":"This is a short Western Australian law from 1994 that changes the zoning of specific land in Fremantle. It removes the 'Urban Zone' classification from certain areas (shown as stippled/dotted on a map called 'Plan No. 4.1244') and reclassifies them as a 'Controlled Access Highway Reservation'.\n\n**What this means in practice:**\n- **Who it affects:** Landowners and residents in the specified parts of Fremantle, plus the Western Australian Planning Commission.\n- **What it does:** Reserves land for a major road where access is strictly controlled (think freeways or highways with limited on/off ramps).\n- **Why it matters:** This prevents development on the reserved land and gives the government powers to eventually acquire it for highway construction. It effectively 'freezes' the land for future road use.\n\nThe law treats this amendment as if it had been made under the original 1959 planning scheme, and makes clear that normal planning laws still apply to any future changes to this area."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the text of the legislation was not retrievable. No comparison between original intent and enacted provisions can be made."},"complexity_factors":["No legislative text was available for analysis — the source page returned a 'no longer available' error","Only the Act's title and a website error message were retrievable","Complexity cannot be meaningfully assessed without the actual content of the legislation"],"plain_english_summary":"## Metropolitan Region Scheme (Fremantle) Act 1994\n\n**⚠️ Content Unavailable**\n\nUnfortunately, the actual text of this Western Australian legislation could not be retrieved. The page hosting this Act has been taken down or moved as part of a website upgrade by the Parliamentary Counsel's Office.\n\n**What we know from the title alone:**\n- This is a **Western Australian Act** passed in **1994**\n- It relates to the **Metropolitan Region Scheme** — a planning framework that controls how land in the Perth metropolitan area (including Fremantle) can be used and developed\n- It likely made specific amendments or provisions relating to **Fremantle's** inclusion in or treatment under that broader planning scheme\n- It would affect **landowners, developers, local councils, and residents** in the Fremantle area\n\n**To access the actual legislation**, try:\n- Searching directly at [www.legislation.wa.gov.au](https://www.legislation.wa.gov.au)\n- Contacting the Parliamentary Counsel's Office Helpdesk (linked in the source page)"}},"importantCases":[],"_links":{"self":"/api/acts/metropolitan-region-scheme-fremantle-act-1994","history":"/api/acts/metropolitan-region-scheme-fremantle-act-1994/history","analysis":"/api/acts/metropolitan-region-scheme-fremantle-act-1994/analysis","conflicts":"/api/acts/metropolitan-region-scheme-fremantle-act-1994/conflicts","importantCases":"/api/acts/metropolitan-region-scheme-fremantle-act-1994/important-cases","documents":"/api/acts/metropolitan-region-scheme-fremantle-act-1994/documents"}}