{"id":"planning-and-development-consequential-regulations-2006","name":"Planning and Development (Consequential) Regulations 2006","slug":"planning-and-development-consequential-regulations-2006","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181571,"registerId":"wa-planning-and-development-consequential-regulations-2006-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning and Development (Consequential) Regulations 2006","content":"![Crest]()Western Australia\n\nPlanning and Development (Consequential and Transitional Provisions) Act 2005\n\nPlanning and Development (Consequential) Regulations 2006\n\nWestern Australia\n\nPlanning and Development (Consequential) Regulations 2006\n\nContents\n\n1. Citation 1\n\n2. Statements of planning policy amended 1\n\n3. Metropolitan Region Scheme amended 1\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nPlanning and Development (Consequential and Transitional Provisions) Act 2005\n\nPlanning and Development (Consequential) Regulations 2006\n\n##### 1. Citation\n\nThese regulations are the *Planning and Development (Consequential) Regulations 2006*.\n\n##### 2. Statements of planning policy amended\n\nEach statement of planning policy made under the *Town Planning and Development Act 1928* section 5AA and in force on the coming into operation of these regulations is amended by deleting each reference to “statement of planning policy”, or that term using capital letters in one or more places, and inserting instead —\n\n“ State planning policy ”.\n\n##### 3. Metropolitan Region Scheme amended\n\n(1) The amendments in this regulation are to the Metropolitan Region Scheme as defined in the *Planning and Development Act 2006*.\n\n(2) Clause 3 is amended as follows:\n\n(a) by inserting before “In” the subclause designation “(1)”;\n\n(b) by deleting “Expressions used in this Scheme have respectively the same meaning as in the Scheme Act and the Town Planning and Development Act 1928, as amended from time to time.”;\n\n(3) At the end of clause 3 the following subclause is inserted —\n\n“\n\n(2) A word or expression used in this Scheme has the same meaning as it has in the *Planning and Development Act 2005* unless —\n\n(a) this Scheme gives it another meaning; or\n\n(b) the contrary intention appears in some other way.\n\n”.\n\n(4) Clause 5 is amended by deleting “section 19 of the Scheme Act” and inserting instead —\n\n“\n\nsection 16 of the *Planning and Development Act 2005*\n\n”.\n\n(5) Clause 7 is amended by deleting “Scheme Act” and inserting instead —\n\n“ *Planning and Development Act 2005* ”.\n\n(6) Clause 20(1) is amended by deleting “Scheme Act” and inserting instead —\n\n“ *Planning and Development Act 2005* ”.\n\n(7) Clause 20(3) is amended by deleting “Scheme Act” and inserting instead —\n\n“ *Planning and Development Act 2005* ”.\n\n(8) Clause 21 is amended as follows:\n\n(a) by deleting “Town Planning Scheme” and inserting instead —\n\n“ local planning scheme ”;\n\n(b) by deleting “Town Planning scheme” and inserting instead —\n\n“ local planning scheme ”.\n\n(9) Clause 24(2)(a) is amended by deleting “section 35C of the Scheme Act” and inserting instead —\n\n“ section 112 of the *Planning and Development Act 2005* ”.\n\n(10) Clause 29(1) is amended as follows:\n\n(a) in paragraph (b) by deleting “section 35C of the Scheme Act” and inserting instead —\n\n“\n\nsection 112 of the *Planning and Development Act 2005*\n\n”;\n\n(b) in paragraph (c) by deleting “section 20 of the *Western Australian Planning Commission Act 1985*” and inserting instead —\n\n“\n\nsection 16 of the *Planning and Development Act 2005*\n\n”.\n\n(11) Clause 29(2) is amended by deleting “*Western Australian Planning Commission Act 1985*” and inserting instead —\n\n“ *Planning and Development Act 2005* ”.\n\n(12) Clause 30(1) is amended by deleting “Scheme Act” and inserting instead —\n\n“ *Planning and Development Act 2005* ”.\n\n(13) Clause 30A(5) is amended by deleting “section 18(4) of the *Western Australian Planning Commission Act 1985*” and inserting instead —\n\n“\n\nsection 17 of the *Planning and Development Act 2005*\n\n”.\n\n(14) Clause 30A(6) is amended by deleting “Scheme Act” and inserting instead —\n\n“ *Planning and Development Act 2005* ”.\n\n(15) Clause 33(1) is amended by deleting “an operative Town Planning Scheme or a Town Planning Scheme made or amended pursuant to section 35 of the Scheme Act” and inserting instead —\n\n“ a local planning scheme ”.\n\n(16) Clause 33(2) is repealed and the following subclause is inserted instead —\n\n“\n\n(2) Part 14 of the *Planning and Development Act 2005* applies to an appeal under subclause (1).\n\n”.\n\n(17) Clause 40 is amended by deleting “Scheme Act” and inserting instead —\n\n“ *Planning and Development Act 2005* ”.\n\n(18) Clause 41 is amended by deleting “sub-section (6) of section 37 of the Scheme Act.” and inserting instead —\n\n“ section 196 of the *Planning and Development Act 2005* ”.\n\n(19) Clause 43 is amended by deleting “Section 33H of the Scheme Act” and inserting instead —\n\n“\n\nsections 50 and 61 of the *Planning and Development Act 2005*\n\n”.\n\nNotes\n\n1 This is a compilation of the *Planning and Development (Consequential) Regulations 2006*. The following table contains information about that Act and any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Planning and Development (Consequential) Regulations 2006* | 5 May 2006 p. 1731-3 | 5 May 2006 |\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations do not change substantive planning policy or regulatory scope. They align terminology and cross‑references to the Planning and Development Act 2005 (notably regs 2 and 3), standardise meanings in the Metropolitan Region Scheme (reg 3(3)) and reassign appeal procedure to Part 14 (reg 3(16)); effects are administrative and interpretive rather than substantive."},"complexity_factors":["Multiple textual substitutions across the Metropolitan Region Scheme (see regs 3(2)–3(19))","Terminology change for planning policies (reg 2) requiring updates to existing documents and practice","Dependence on definitions in the Planning and Development Act 2005 (reg 3(3)) introduces interpretive reliance on that Act","Procedural consequence: appeals under the Scheme are redirected to Part 14 of the 2005 Act (reg 3(16)), affecting appeal pathways","Primarily administrative/clarificatory amendments with low substantive policy change but non‑zero compliance/update costs"],"plain_english_summary":"These regulations make technical updates to Western Australia planning instruments so they refer to the Planning and Development Act 2005 and use the term “State planning policy” instead of “statement of planning policy”. Mechanically, they substitute cross‑references and standardise meanings in the Metropolitan Region Scheme. Who is affected: the Western Australian Planning Commission, local governments, planners, developers and landowners. Why it matters: it reduces statutory inconsistency but requires administrative updates and redirects appeals under cl.33(2) to Part 14 of the 2005 Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent, as the legislative text is unavailable. Consequential regulations of this type typically have a narrow, technical scope by design — tidying up references in other laws — but this cannot be confirmed from the information provided."},"complexity_factors":["Document is entirely inaccessible — only a broken-link error page was provided","No legislative content, provisions, schedules, or definitions are available for analysis","Complexity cannot be meaningfully assessed without the actual text"],"plain_english_summary":"The Planning and Development (Consequential) Regulations 2006 (WA) make housekeeping amendments to align existing laws with the Planning and Development Act 2005, affecting planners, developers, local governments and landowners by keeping statutory references and processes consistent. The actual regulation text is currently unavailable, so no specific analysis can be provided here."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains strictly limited to its original purpose of making consequential amendments to existing planning instruments following the enactment of the Planning and Development Act 2005. It does not expand beyond technical updating of references and terminology."},"complexity_factors":["Very short instrument (only 3 substantive regulations)","No defined terms section—relies entirely on external legislation","Straightforward mechanical amendments (find-and-replace style)","No conditional logic or nested exceptions","Single purpose: updating cross-references from old Act to new Act","No substantive policy content—purely technical/consequential"],"plain_english_summary":"These regulations are technical housekeeping rules that update Western Australia's planning laws to reflect a major overhaul of the legislation. They don't create new planning rules themselves—instead, they fix all the cross-references and terminology in existing planning documents so they point to the new *Planning and Development Act 2005* instead of the old laws it replaced.\n\n**What it does:**\n- **Renames things:** Changes every mention of \"statement of planning policy\" to \"State planning policy\" in existing planning documents.\n- **Updates references:** Goes through the Metropolitan Region Scheme (the master plan for Perth and surrounding areas) and replaces dozens of outdated references to old laws like the *Town Planning and Development Act 1928* and the *Western Australian Planning Commission Act 1985* with references to the new *Planning and Development Act 2005*.\n- **Modernises terms:** Replaces old-fashioned terms like \"Town Planning Scheme\" with \"local planning scheme\".\n\n**Who it affects:**\n- Anyone dealing with planning approvals in the Perth metropolitan area\n- Local councils and the Western Australian Planning Commission\n- Developers, landowners, and planning consultants\n\n**Why it matters:**\nWithout these changes, planning documents would still refer to laws that no longer exist, creating confusion about which rules actually apply. This ensures the Metropolitan Region Scheme (which controls land use across Perth) works properly under the new legal framework."}},"importantCases":[],"_links":{"self":"/api/acts/planning-and-development-consequential-regulations-2006","history":"/api/acts/planning-and-development-consequential-regulations-2006/history","analysis":"/api/acts/planning-and-development-consequential-regulations-2006/analysis","conflicts":"/api/acts/planning-and-development-consequential-regulations-2006/conflicts","importantCases":"/api/acts/planning-and-development-consequential-regulations-2006/important-cases","documents":"/api/acts/planning-and-development-consequential-regulations-2006/documents"}}