{"id":"planning-and-development-transitional-regulations-2006","name":"Planning and Development (Transitional) Regulations 2006","slug":"planning-and-development-transitional-regulations-2006","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181600,"registerId":"wa-planning-and-development-transitional-regulations-2006-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning and Development (Transitional) Regulations 2006","content":"![Crest]()Western Australia\n\nPlanning and Development (Consequential and Transitional Provisions) Act 2005\n\nPlanning and Development (Transitional) Regulations 2006\n\nWestern Australia\n\nPlanning and Development (Transitional) Regulations 2006\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. State planning policies in course of preparation 1\n\n4. Construction of references in instruments of delegation 2\n\nNotes\n\nCompilation table 3\n\nDefined terms\n\n  \n\nWestern Australia\n\nPlanning and Development (Consequential and Transitional Provisions) Act 2005\n\nPlanning and Development (Transitional) Regulations 2006\n\n##### 1. Citation\n\n\t\tThese regulations are the *Planning and Development (Transitional) Regulations 2006*.\n\n##### 2. Commencement\n\nThese regulations are deemed to have come into operation on 9 April 2006.\n\n##### 3. State planning policies in course of preparation\n\n(1) In this regulation —\n\n  commencement day means the day on which the *Planning and Development Act 2005* section 28 comes into operation.\n\n(2) Any statement of planning policy or amendment to a statement of planning policy that, immediately before the commencement day, was being prepared under the *Town Planning and Development Act 1928*, may continue to be prepared as a State planning policy or amendment to a State planning policy under the *Planning and Development Act 2005* as if the steps taken under the *Town Planning and Development Act 1928* were taken under the *Planning and Development Act 2005*.\n\n(3) For the purposes of subregulation (2), if the Western Australian Planning Commission, before the commencement day, had complied with the requirements of the *Town Planning and Development Act 1928* section 5AA(3) in relation to the statement of planning policy or amendment, the Commission is not required to comply with the requirements of the *Planning and Development Act 2005* sections 27 and 28.\n\n##### 4. Construction of references in instruments of delegation\n\nUnless the context otherwise requires, a reference in an instrument of delegation made under an Act repealed by the *Planning and Development (Consequential and Transitional Provisions) Act 2005* to a provision repealed under that Act includes a reference to the corresponding provision, if any, of the *Planning and Development Act 2005*.\n\nNotes\n\n1 This is a compilation of the *Planning and Development (Transitional) Regulations 2006*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Planning and Development (Transitional) Regulations 2006* | 5 May 2006 p. 1734-5 | 9 Apr 2006 (see r. 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\ncommencement day 3(1)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. No comparison between original intent and final form is possible based on the provided content."},"complexity_factors":["No legislative content is available to analyse — the source URL returns a 'page not found' error","Only the title and a website error message were provided","Any complexity assessment of the actual regulations is impossible without the text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"These 2006 regulations set out how planning and development matters moved from old WA law to the new regime (linked to the Planning and Development Act 2005), governing how existing approvals, applications and processes were handled during the changeover. They matter to developers, landowners, local councils and planning authorities managing in‑flight matters."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow, transitional purpose. It was designed solely to manage the switch from the 1928 Act to the 2005 Act, and it continues to serve only that bridging function without expanding into broader planning policy matters."},"complexity_factors":["Only 4 regulations total, with minimal text","Just 1 defined term ('commencement day')","Limited cross-referencing (only to specific sections of 3 related Acts)","Simple conditional logic (only basic 'if/then' scenarios in regulations 3 and 4)","No nested exceptions or complex procedural requirements","Single-purpose transitional instrument with narrow, temporary application"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are a short, technical \"bridge\" to help Western Australia switch from old planning laws to new ones. They make sure that work already started under the old system doesn't have to be scrapped and restarted from scratch.\n\n**Specifically, it does two things:**\n\n* **Saves work-in-progress:** If the government was already drafting a planning policy under the old *Town Planning and Development Act 1928* when the new *Planning and Development Act 2005* kicked in, they can keep going as if they'd started under the new law. Any steps already completed under the old rules still count.\n\n* **Fixes delegation references:** If official documents (called \"instruments of delegation\") refer to parts of the old law that got repealed (cancelled), those references are automatically read as pointing to the matching parts of the new law instead.\n\n**Who it affects:**\n\nPrimarily government officials — specifically the Western Australian Planning Commission and anyone working on State planning policies. Also affects any legal documents that delegate powers under the old planning laws.\n\n**Why it matters:**\n\nWithout these rules, changing planning laws would create chaos. Half-finished policies might have to restart from zero, and thousands of official documents might suddenly reference laws that no longer exist. This ensures a smooth, orderly transition between the old and new planning systems."},"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations do not expand or narrow substantive planning powers; they preserve continuity by allowing in‑progress state planning policies to proceed under the new Act (r.3) and by mapping references in existing delegation instruments to corresponding provisions of the new Act (r.4). Their function is transitional continuity rather than changing the original statutory scope."},"complexity_factors":["Very short instrument: four regulations only (low text volume).","Transitional scope rather than creating new substantive powers (narrow legal effect).","Cross‑references to external Acts and sections (Town Planning and Development Act 1928; Planning and Development Act 2005), requiring readers to consult other statutes.","Automatic deeming and continuity rules (commencement deemed; ongoing preparation treated as if under new Act) require understanding of timing and prior steps.","Phrase 'corresponding provision' in r.4 can create some interpretive uncertainty about mapping old to new provisions.","Limited immediate compliance burden and administrative effect confined mainly to the Western Australian Planning Commission and holders of delegation instruments."],"plain_english_summary":"These Regulations provide transitional rules for shifting planning policy work and delegation references from the Town Planning and Development Act 1928 into the Planning and Development Act 2005. They let policy statements already being prepared continue under the new Act (r.3) and treat references in old delegation instruments as referring to corresponding provisions in the new Act (r.4). The Western Australian Planning Commission can avoid repeating prior consultation if it met s5AA(3) before commencement (r.3(3)), reducing the Commission’s compliance burden."}},"importantCases":[],"_links":{"self":"/api/acts/planning-and-development-transitional-regulations-2006","history":"/api/acts/planning-and-development-transitional-regulations-2006/history","analysis":"/api/acts/planning-and-development-transitional-regulations-2006/analysis","conflicts":"/api/acts/planning-and-development-transitional-regulations-2006/conflicts","importantCases":"/api/acts/planning-and-development-transitional-regulations-2006/important-cases","documents":"/api/acts/planning-and-development-transitional-regulations-2006/documents"}}