{"id":"planning-and-development-consequential-and-transitional-provisions-act-2005","name":"Planning and Development (Consequential and Transitional Provisions) Act 2005","slug":"planning-and-development-consequential-and-transitional-provisions-act-2005","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106155,"registerId":"wa-planning-and-development-consequential-and-transitional-provisions-act-2005-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning and Development (Consequential and Transitional Provisions) Act 2005","content":"![Crest]()Western Australia\n\nPlanning and Development (Consequential and Transitional Provisions) Act 2005\n\nWestern Australia\n\nPlanning and Development (Consequential and Transitional Provisions) Act 2005\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Interpretation 2\n\nPart 2 — Repeal and amendment of legislation\n\nDivision 4 — Miscellaneous amendments\n\n15. Acts in Schedule 2 amended 3\n\n16. Power to amend regulations 3\n\nPart 3 — Transitional and saving provisions\n\nDivision 1 — Preliminary\n\n17. Application of *Interpretation Act 1984* 4\n\n18. Transitional regulations 4\n\n19. Construction of references in written laws 5\n\nDivision 2 — Continuation of various bodies, memberships and appointments\n\n20. WAPC continues 6\n\n21. Membership of Commission 6\n\n22. Staff 7\n\n23. Committees 8\n\n24. Board of Valuers 9\n\nDivision 3 — Transitional provisions\n\n25. Subsidiary legislation and fees 10\n\n26. Planning schemes in course of preparation 10\n\n27. Caveats 11\n\nDivision 4 — Other savings\n\n28. Section 9(4) and (5) TPD Act 11\n\n29. Section 28A(5) TPD Act 11\n\n30. Section 37A(4a) MRTPS Act 11\n\nPart 4 — Validation provision\n\n31. Validation of certain endorsed approvals 13\n\nNotes\n\nCompilation table 14\n\n  \n\nWestern Australia\n\nPlanning and Development (Consequential and Transitional Provisions) Act 2005\n\nAn Act —\n\n- to repeal the following Acts —\n\n\n*Metropolitan Region Town Planning Scheme Act 1959*;\n\n*Town Planning and Development Act 1928*;\n\n*Western Australian Planning Commission Act 1985*;\n\n- to amend certain other Acts; and\n- for purposes relating to those repeals and amendments and to the enactment of the *Planning and Development Act 2005*.\n\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Planning and Development (Consequential and Transitional Provisions) Act 2005*.\n\n##### 2. Commencement\n\n(1) This Act comes into operation on a day to be fixed by proclamation.\n\n(2) Different days may be fixed under subsection (1) for different provisions.\n\n##### 3. Interpretation\n\nIn this Act —\n\ncommencement day means the day on which this section comes into operation;\n\nexisting Commission means the Commission established under the WAPC Act;\n\nMRTPS Act means the *Metropolitan Region Town Planning Scheme Act 1959*;\n\nPD Act means the *Planning and Development Act 2005*;\n\nTPD Act means the *Town Planning and Development Act 1928*;\n\nWAPC Act means the *Western Australian Planning Commission Act 1985*.\n\n## Part 2 — Repeal and amendment of legislation\n\n[Divisions 1-3 (s. 4-14) — Consequential amendments omitted.]\n\n### Division 4 — Miscellaneous amendments\n\n##### 15. Acts in Schedule 2 amended\n\nThe Acts mentioned in Schedule 2 are amended as set out in that Schedule.\n\n##### 16. Power to amend regulations\n\n(1) The Governor, on the recommendation of the Minister, may make subsidiary legislation amending subsidiary legislation made under any Act.\n\n(2) The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is necessary or desirable as a consequence of the enactment of the PD Act or this Act.\n\n(3) Nothing in this section prevents subsidiary legislation from being amended in accordance with the Act under which it was made.\n\n## Part 3 — Transitional and saving provisions\n\n### Division 1 — Preliminary\n\n##### 17. Application of *Interpretation Act 1984*\n\n(1) The provisions of the *Interpretation Act 1984* (for example, sections 16(1), 36 and 38) about the repeal of written laws and the substitution of other written laws for those so repealed apply to the repeal of an Act mentioned in Schedule 1 as if that Act were repealed and re‑enacted by the PD Act.\n\n(2) The other provisions of this Act are additional to the provisions applied by subsection (1) and except in the case of section 14(3) and (4) do not affect the operation of the provisions applied by subsection (1).\n\n##### 18. Transitional regulations\n\n(1) If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.\n\n(2) In subsection (1) —\n\n  transitional matter means a matter that needs to be dealt with for the purpose of —\n\n(a) effecting the transition from the provisions of the Acts repealed by this Act to the provisions of the PD Act; or\n\n(b) effecting the transition from the provisions of an Act amended by a provision of this Act (the amending provision) as in force before this Act comes into operation to the provisions of that Act as in force after the amending provision comes into operation.\n\n(3) Regulations made under subsection (1) may provide that specified provisions of the PD Act as in force on or after the commencement of that Act, or of subsidiary legislation made under that Act, or of an Act amended by this Act —\n\n(a) do not apply; or\n\n(b) apply with specified modifications,\n\nto or in relation to any matter.\n\n(4) If regulations under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than the commencement day, the regulations have effect according to their terms.\n\n(5) In subsections (3) and (4) —\n\n  specified means specified or described in the regulations.\n\n(6) If regulations contain a provision referred to in subsection (4), the provision does not operate so as —\n\n(a) to affect in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or\n\n(b) impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations.\n\n##### 19. Construction of references in written laws\n\n(1) Unless the context otherwise requires, a reference in a written law to an enactment repealed by this Act includes a reference to the corresponding provision, if any, of the PD Act.\n\n(2) A reference in a written law to a town planning scheme may, where the context so requires, be read as if it had been amended to include or be a reference to a local planning scheme under the PD Act.\n\n(3) A reference in a written law to a regional planning scheme under the WAPC Act may, where the context so requires, be read as if it had been amended to include or be a reference to a region planning scheme under the PD Act.\n\n(4) A reference in a written law to a statement of planning policy may, where the context so requires, be read as if it had been amended to include or be a reference to a State planning policy under the PD Act.\n\n### Division 2 — Continuation of various bodies, memberships and appointments\n\n##### 20. WAPC continues\n\n(1) The Western Australian Planning Commission established under the PD Act is a continuation of and the same legal entity as the Western Australian Planning Commission established under the WAPC Act, with the same rights and obligations as the existing Commission.\n\n(2) If in a written law or other document or instrument there is —\n\n(a) a reference to the existing Commission; or\n\n(b) a reference that is read and construed as a reference to the existing Commission,\n\nthe reference may, where the context so requires, be read as if it had been amended to be a reference to the Commission established under the PD Act.\n\n##### 21. Membership of Commission\n\n(1) The persons who were members and deputy members of the existing Commission (including the chairperson and deputy chairperson) immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the chairperson, deputy chairperson, members and deputy members of the board of the Commission established under the PD Act.\n\n(2) A person to whom subsection (1) applies is to be regarded as having been appointed under the PD Act.\n\n(3) If in a written law or other document or instrument there is —\n\n(a) a reference to the chairperson or a member of the existing Commission; or\n\n(b) a reference that is read and construed as a reference to the chairperson or a member of the existing Commission,\n\nthe reference may, where the context so requires, be read as if it had been amended to be a reference to the chairperson or a member of the board of the Commission established under the PD Act.\n\n##### 22. Staff\n\n(1) People who were engaged by the existing Commission immediately before the commencement of the PD Act continue, under and subject to that Act, as officers of the Commission.\n\n(2) A person mentioned in subsection (1) is to be regarded as having been engaged under the PD Act.\n\n(3) Except as otherwise agreed by the officer of the Commission, the remuneration, existing or accrued rights, rights under a superannuation scheme or continuity of service of an officer of the existing Commission are not affected, prejudiced or interrupted by the operation of subsection (1) or the repeal of the WAPC Act.\n\n(4) The rights under a superannuation scheme of a person who was an officer of the existing Commission are not affected, prejudiced or interrupted by the repeal of the WAPC Act.\n\n##### 23. Committees\n\n(1) In this section —\n\nexisting committee means —\n\n(a) the Executive, Finance and Property Committee established under the WAPC Act;\n\n(b) the Statutory Planning Committee established under the WAPC Act;\n\n(c) the Infrastructure Coordinating Committee established under the WAPC Act;\n\n(d) the Coastal Planning and Coordination Council established under the WAPC Act;\n\n(e) any regional planning committee established under the WAPC Act; and\n\n(f) any District Planning Committee established under the MRTPS Act.\n\n(2) A committee established under the PD Act is a continuation of and the same legal entity as the existing committee of the same name established under the WAPC or MRTPS Act with the same rights and obligations as the existing committee.\n\n(3) The Sustainable Transport Committee established under the PD Act is a continuation of and the same legal entity as the Transport Committee established under the WAPC Act with the same rights and obligations as the existing committee.\n\n(4) If in a written law or other document or instrument there is a reference to an existing committee, the reference may, where the context so requires, be read as if it had been amended to be a reference to the committee of the same name established under the PD Act.\n\n(5) If in a written law or other document or instrument there is a reference to the Transport Committee, the reference may, where the context so requires, be read as if it had been amended to be a reference to the Sustainable Transport Committee established under the PD Act.\n\n(6) The persons who were members of an existing committee immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the members of the committee of the same name established under the PD Act.\n\n(7) The persons who were members of the Transport Committee immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the members of the Sustainable Transport Committee established under the PD Act.\n\n##### 24. Board of Valuers\n\n(1) In this section —\n\nexisting Board means the Board of Valuers established under the MRTPS Act.\n\n(2) The Board of Valuers established under the PD Act is a continuation of and the same legal entity as the existing Board with the same rights and obligations as the existing Board.\n\n(3) If in a written law or other document or instrument there is a reference to the existing Board, the reference may, where the context so requires, be read as if it had been amended to be a reference to the Board of Valuers established under the PD Act.\n\n(4) The persons who were members of the existing Board immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the members of the Board of Valuers established under the PD Act.\n\n### Division 3 — Transitional provisions\n\n##### 25. Subsidiary legislation and fees\n\n(1) Regulations made under —\n\n(a) section 8 of the TPD Act or section 26 of the MRTPS Act continue in force as if they were made under section 256 of the PD Act;\n\n(b) section 9(1) of the TPD Act continue in force as if they were made under section 258 of the PD Act;\n\n(c) section 9(2b) of the TPD Act continue in force as if they were made under section 259 of the PD Act;\n\n(d) section 33B of the TPD Act continue in force as if they were made under section 261 of the PD Act;\n\n(e) section 44 of the MRTPS Act, section 58 of the WAPC Act or section 27A(5) or 34 of the TPD Act continue in force as if they were made under section 263 of the PD Act,\n\nand may be amended or repealed accordingly.\n\n(2) Local laws made under section 31 of the TPD Act continue in force as if they were made under section 262 of the PD Act and may be amended or repealed accordingly.\n\n(3) Fees prescribed under section 29 of the TPD Act continue, until fees are set under section 20 of the PD Act, to be chargeable and payable as if the fees were set under section 20 of the PD Act.\n\n##### 26. Planning schemes in course of preparation\n\nAny planning scheme that, on the commencement day, is being prepared under the TPD Act or the WAPC Act may continue to be prepared as if the steps taken under that Act were taken under the PD Act.\n\n##### 27. Caveats\n\n(1) A caveat lodged under section 36 of the MRTPS Act or section 35 or 36 of the WAPC Act but not registered before the commencement day may be registered under section 180 or 181 of the PD Act, as the case requires, as if it were a notification under that section of the PD Act.\n\n(2) A caveat —\n\n(a) registered under section 36 of the MRTPS Act or section 35 or 36 of the WAPC Act; and\n\n(b) subsisting immediately before the commencement day,\n\nis taken to be a notification registered under section 180 or 181 of the PD Act, as the case requires.\n\n### Division 4 — Other savings\n\n##### 28. Section 9(4) and (5) TPD Act\n\nThe repeal of section 9(4) and (5) of the TPD Act does not affect the validity of any town planning scheme, amendment to a town planning scheme, act or thing referred to in section 9(4) of the TPD Act, and those subsections continue to apply in relation to those schemes, amendments, acts and things as if the subsections had not been repealed.\n\n##### 29. Section 28A(5) TPD Act\n\nSection 28A(5) of the TPD Act continues to apply in relation to liability and matters referred to in that subsection as if section 28A had not been repealed.\n\n##### 30. Section 37A(4a) MRTPS Act\n\nThe repeal of section 37A(4a) of the MRTPS Act does not affect the validity of any agreement, act, matter or thing referred to in that subsection, and that subsection continues to apply in relation to those agreements, acts, matters and things as if the subsection had not been repealed.\n\n## Part 4 — Validation provision\n\n##### 31. Validation of certain endorsed approvals\n\nAny approval of the Commission endorsed on a diagram or plan of survey of a stage of a subdivision under the *Town Planning and Development Act 1928* before the coming into operation of this section is taken to be, and always to have been, as valid and effective as it would have been if section 145 of the *Planning and Development Act 2005* had been in operation at the time of the endorsement and the approval had been endorsed under that section.\n\n[Schedules 1 and 2 — Consequential amendments omitted.]\n\nNotes\n\n1 This is a compilation of the *Planning and Development (Consequential and Transitional Provisions) Act 2005*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and Year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Planning and Development (Consequential and Transitional Provisions) Act 2005* | 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\namending provision 18(2)\n\ncommencement day 3\n\nexisting Board 24(1)\n\nexisting Commission 3\n\nexisting committee 23(1)\n\nMRTPS Act 3\n\nPD Act 3\n\nspecified 18(5)\n\nTPD Act 3\n\ntransitional matter 18(2)\n\nWAPC Act 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for review. No determination can be made about whether the Act's final scope differed from its original intent."},"complexity_factors":["No legislative text was retrievable — analysis is based solely on the Act's title and general knowledge of legislative drafting conventions","Consequential and transitional provisions Acts are typically complex in practice due to cross-references across multiple pieces of legislation, but that complexity cannot be assessed here","Transitional provisions can involve complex temporal rules about which legal regime applies to in-progress matters, adding interpretive difficulty","The score is kept low because no substantive content could be evaluated"],"plain_english_summary":"## Planning and Development (Consequential and Transitional Provisions) Act 2005 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian legislation could not be retrieved — the source page is no longer available due to system upgrades on the WA legislation website.\n\n**What we can infer from the title:**\n\nBased on its name, this Act was almost certainly a companion piece to the main *Planning and Development Act 2005* (WA). Laws with \"Consequential and Transitional Provisions\" in their title typically:\n\n- **Tidy up** other existing laws that needed to change as a result of the main new Act (\"consequential\" amendments — meaning knock-on changes to other legislation)\n- **Manage the changeover** from the old planning system to the new one (\"transitional\" provisions — rules about what happens to things already in progress, like pending applications or existing approvals, when the new law kicks in)\n- **Repeal** (formally cancel) old laws that the new Act replaced\n\n**Who would it affect?** Likely planners, local governments, developers, landowners, and government agencies operating under WA's planning system during the transition to the 2005 planning framework.\n\n*To access the actual text, visit the Parliamentary Counsel's Office website directly and search for this Act by name.*"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's scope as provided in the text is to make consequential and transitional provisions to effect repeal of specified older planning statutes and to enable the PD Act to operate in their place (preamble; s.17–19). The Act confines itself to continuity of bodies, memberships, staff, committees and instruments, transitional regulation-making, savings and validation of prior acts (s.20–31). Nothing in the supplied text expands the Act's scope beyond those transitional and consequential functions, although delegated regulation powers (s.16; s.18) permit detailed implementation measures within that transitional remit."},"complexity_factors":["Extensive cross-references to multiple repealed Acts and to the PD Act (see preamble; s.17–19)","Delegated regulation powers that can alter application of PD Act provisions and make retrospective deeming tied to the commencement day (s.16; s.18(1)–(4))","Continuation and conversion rules for bodies, memberships, staff, committees and boards that preserve legal identity while changing statute references (s.20–24)","Mapping and preservation of subordinate instruments, local laws and fees across old and new statutory regimes (s.25(1)–(3))","Validation and saving provisions that preserve past approvals and the effect of particular repealed subsections (s.28–31)","Requirement to read references in written laws as references to corresponding PD Act provisions where context requires (s.19)","Omitted Schedules (1 and 2) likely contain numerous consequential amendments not visible in the supplied text, increasing legal detail to be checked"],"plain_english_summary":"# What this Act does (mechanically)\n\n- Repeals several older planning Acts and provides the legal plumbing needed to move from them to the Planning and Development Act 2005 (the PD Act). The repealed Acts named in the preamble include the Metropolitan Region Town Planning Scheme Act 1959, the Town Planning and Development Act 1928 (TPD Act) and the Western Australian Planning Commission Act 1985 (WAPC Act).\n- Brings into force on proclamation (different provisions can start on different days) (s.2).\n- Treats the new PD Act as the statutory replacement for the repealed Acts for interpretation and transition purposes (s.17, s.19).\n- Keeps existing institutions, people and instruments working during and after the change so operations continue without interruption. Key continuations:\n  - The Western Australian Planning Commission (WAPC) under the PD Act is the same legal entity as the former Commission (s.20).\n  - Existing members, deputy members, chair and deputy chair of the old Commission continue in office under the PD Act and are treated as appointed under the PD Act (s.21).\n  - Staff engaged by the existing Commission immediately before commencement continue as officers under the PD Act and their remuneration, accrued rights, superannuation and continuity of service are preserved except where they otherwise agree (s.22(1)–(4)).\n  - Specified committees (Executive, Statutory Planning, Infrastructure Coordinating, Coastal Planning and Coordination Council, regional and district planning committees, and the Transport Committee now called the Sustainable Transport Committee) carry on as the same legal entities and their membership continues (s.23(1)–(7)).\n  - The Board of Valuers established under the PD Act continues the same legal entity and membership as the old Board (s.24).\n- Keeps subsidiary legislation, local laws and fees that were made under the old Acts operating as if made under the corresponding PD Act provisions until they are amended or replaced (s.25(1)–(3)).\n- Allows planning schemes already in preparation under the old Acts to continue as if the steps taken were under the PD Act (s.26).\n- Converts caveats lodged or registered under certain sections of the old Acts into the corresponding PD Act notifications (s.27).\n- Preserves the validity of particular provisions, agreements, schemes, or acts referred to in specific repealed subsections so those things remain effective (s.28–30).\n- Validates past Commission approvals endorsed on subdivision plans under the TPD Act so they are treated as if endorsed under the PD Act provision dealing with endorsement (s.31).\n- Gives a power to the Governor (on the Minister's recommendation) to amend subsidiary legislation where those amendments are necessary or desirable as a consequence of enactment of the PD Act or this Act (s.16(1)–(2)).\n- Allows regulations to fill any transitional gaps, including making specified PD Act provisions not apply or apply with modifications, and allows limited retrospective deeming linked to the commencement day (s.18(1)–(6)).\n\n# What the Act says it aims to achieve (official purpose-claims)\n\nThe preamble and the text describe the Act as being \"to repeal\" the old planning Acts, amend other Acts as necessary, and make consequential and transitional provisions to enable the PD Act to operate in place of those repealed Acts. The Act therefore aims to effect a legal and administrative transition from the previous planning statute framework to the PD Act (preamble; s.17–19).\n\n# How that aim is implemented and what it means in practice (costs, incentives, trade-offs, discretion and compliance)\n\nWho pays and who benefits\n\n- Existing Commission members and staff keep their positions and employment conditions; those individuals directly benefit from continuity (s.21(1)–(2); s.22(1)–(4)). That is a concentrated benefit to named office-holders and employees.\n- Fees that were set under the old TPD Act continue to be chargeable until new fees are set under the PD Act, so applicants and fee payers continue to bear those costs in the interim (s.25(3)).\n- The State remains able to make and amend subsidiary legislation; administrative costs of transition fall on the public sector agencies that implement the PD Act and on private parties required to adapt to any changed rules or administrative processes (s.16; s.18).\n\nWho decides and where discretion sits\n\n- The Governor may amend subsidiary legislation on the Minister's recommendation; the Minister may recommend only when the Minister considers each amendment necessary or desirable as a consequence of the PD Act or this Act (s.16(1)–(2)). This creates an executive decision point for consequential regulatory change.\n- Regulations under the transitional head of power can make detailed provisions to deal with matters not sufficiently covered in the Act; they can also prescribe that certain PD Act provisions do not apply or apply with modifications, and can deem specified states of affairs to have existed from an earlier date (s.18(1)–(4)). That gives delegated law-making significant scope for handling technical transitional matters (s.18).\n- The Act constrains retrospective regulation-making by protecting existing rights and preventing imposition of liabilities on persons (other than the State, an authority of the State or a local government) in respect of anything done or omitted before publication of those regulations (s.18(6)).\n\nCompliance burden and implementation risk\n\n- The Act preserves existing rules, memberships, staff rights and many subordinate instruments so immediate compliance disruption is reduced (s.20–24; s.25(1)–(3)). That lowers short-term compliance costs for many participants.\n- However, documents across the statute book and instruments that refer to old Acts, committees or boards must be read in the new statutory context (s.19; s.20(2); s.21(3); s.23(4); s.24(3)). That requires legal review of references and potential redrafting of instruments or contracts to reflect the PD Act’s terminology and sections.\n- The delegated regulatory powers (s.16 and s.18) create implementation risk because significant transitional detail can be located in regulations rather than the Act itself; regulated parties may need to monitor for such regulations and for retrospective deeming (s.18(4)).\n\nEffects on private enterprise, markets and contract freedom\n\n- The Act itself is largely procedural and organisational: it preserves continuity for the Commission, committees, staff and certain instruments. It does not by itself change market-entry rules, development standards or approvals processes except insofar as the PD Act (and consequential regulations) contain substantive changes (the Schedule amendments are omitted from the text provided). Its primary effect on private enterprise is to maintain legal continuity while the new PD Act framework takes over (s.20–26; s.31).\n- The continuing operation of fees (s.25(3)) affects private parties who pay planning fees until the PD Act’s fee-setting power is exercised.\n- Because the Act allows regulations to modify application of PD Act provisions (s.18(3)), some private rights or obligations could be adjusted through delegated legislation during the transition. The Act protects existing private rights from prejudicial retrospective effect (s.18(6)).\n\nConcentrated benefits, diffuse costs and potential substitution effects\n\n- Concentrated benefits are evident for named office-holders and staff whose positions and employment conditions are preserved (s.21–22). The text explicitly protects remuneration and superannuation rights (s.22(3)–(4)).\n- Costs and administrative burdens of transition are spread across many actors (local governments, developers, landowners and the State) who may need to adapt to new regulatory references, fee regimes and any modified procedures (s.19; s.25; s.18).\n- Planning schemes already in preparation continue without restarting (s.26), which reduces duplication and prevents re-work for applicants and consent authorities.\n\nValidation and legal certainty\n\n- The Act validates certain past Commission approvals endorsed on subdivision plans under the old TPD Act, so those approvals remain legally effective as if endorsed under the PD Act (s.31). This reduces litigation risk about the validity of those approvals.\n- The Act expressly preserves the validity of specified repealed subsections in relation to schemes, agreements or acts referred to in them (s.28–30). That maintains continuity and avoids voiding past acts.\n\nImplementation notes and practical consequences to watch\n\n- The Schedule amendments (Schedules 1 and 2) are omitted here but will contain the detailed consequential amendments; those are important for precise legal effects (Schedules referenced throughout the Act).\n- The scope for the Governor and Minister to amend subsidiary legislation (s.16) and for regulations to make detailed transitional arrangements (s.18) means stakeholders should monitor subordinate legislation as well as the Act.\n- Where documents, instruments or written laws refer to bodies, schemes or policies under the old Acts, they will be read as references to the corresponding PD Act entities or instruments where context requires (s.19; s.20(2); s.21(3); s.23(4); s.24(3)). Parties should confirm whether formal amendments of instruments are needed or whether the statutory reading rules suffice in practice.\n\n# Bottom line\n\nThis Act is a transitional and consequential package designed to swap the planning statute framework to the PD Act while preserving organisational continuity (the Commission, its members, committees, staff, boards), keeping existing subordinate laws and fees operational for the short term, validating certain past approvals, and giving the executive targeted delegated powers to tidy up technical matters by regulation (preamble; s.16; s.17–19; s.20–31). The primary costs and tasks fall on public agencies and regulated parties who must track regulatory changes and ensure documents and procedures align with the PD Act; the Act contains protections for existing personnel rights and for private parties against prejudicial retrospective application (s.22(3)–(4); s.18(6))."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from three repealed planning Acts to the new Planning and Development Act 2005. It does not expand beyond consequential amendments, savings, and transitional provisions necessary for that specific statutory replacement."},"complexity_factors":["Multiple nested definitions (e.g., 'existing committee' lists 6 specific committees in section 23(1))","Cross-referencing between three repealed Acts and the new PD Act throughout","Conditional logic in reference updating ('where the context so requires' appears 7 times)","Retrospective validation provision (section 31) with hypothetical counterfactual wording","Dual-purpose transitional regulations power (section 18) covering both repeals and amendments with limitations on prejudicial effect","Preservation of specific repealed subsections (sections 28-30) creating 'zombie' provisions that survive repeal for limited purposes"],"plain_english_summary":"This Act is the 'clean-up crew' for a major overhaul of Western Australia's planning laws. In 2005, WA replaced three old planning Acts with one new one—the *Planning and Development Act 2005*. This Consequential and Transitional Provisions Act makes sure the switchover happens smoothly without breaking anything or anyone losing their job.\n\n**What it actually does:**\n\n*   **Repeals three old Acts:** It officially kills off the *Metropolitan Region Town Planning Scheme Act 1959*, the *Town Planning and Development Act 1928*, and the *Western Australian Planning Commission Act 1985*.\n*   **Keeps the lights on:** The Western Australian Planning Commission (WAPC) continues to exist—same entity, same staff, same members—just now operating under the new Act. No one gets sacked, no committees disappear.\n*   **Saves existing work:** Planning schemes being drafted under the old laws can continue under the new one. Old regulations and local laws stay in force as if made under the new Act.\n*   **Fixes legal references:** Any other law or document that mentions the old Acts gets automatically updated to point to the new *Planning and Development Act 2005*.\n*   **Backdates fixes:** It validates planning approvals that might have been technically dodgy under the old system, making them legally bulletproof.\n*   **Gives the Minister emergency powers:** Allows the making of 'transitional regulations' to deal with any gaps or hiccups during the changeover.\n\n**Who it affects:**\n\n*   **Local councils** (local governments) who administer planning schemes\n*   **Property developers** and landowners with existing approvals or pending applications\n*   **WAPC staff and committee members** (their jobs are protected)\n*   **Anyone with caveats** (legal warnings) lodged on property titles under the old system\n\n**Why it matters:** Without this Act, repealing the old planning laws would create chaos—staff would technically be unemployed, half-finished planning schemes would be void, and property titles might be uncertain. This Act ensures legal continuity so the new system can start without a hitch."}},"importantCases":[],"_links":{"self":"/api/acts/planning-and-development-consequential-and-transitional-provisions-act-2005","history":"/api/acts/planning-and-development-consequential-and-transitional-provisions-act-2005/history","analysis":"/api/acts/planning-and-development-consequential-and-transitional-provisions-act-2005/analysis","conflicts":"/api/acts/planning-and-development-consequential-and-transitional-provisions-act-2005/conflicts","importantCases":"/api/acts/planning-and-development-consequential-and-transitional-provisions-act-2005/important-cases","documents":"/api/acts/planning-and-development-consequential-and-transitional-provisions-act-2005/documents"}}