{"id":"port-kennedy-development-act-2017","name":"Port Kennedy Development Act 2017","slug":"port-kennedy-development-act-2017","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106191,"registerId":"wa-port-kennedy-development-act-2017-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Port Kennedy Development Act 2017","content":"![Crest]()Western Australia\n\nPort Kennedy Development Act 2017\n\nWestern Australia\n\nPort Kennedy Development Act 2017\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\nPart 2 — Planning scheme amendments\n\n3. Terms used 3\n\n4. Metropolitan Region Scheme amended 4\n\n5. Rockingham local planning scheme amended 4\n\n6. Effect of amendments 4\n\nPart 3 — Repeal and amendment of Acts\n\n7. *Port Kennedy Development Agreement Act 1992* repealed 6\n\n8. *Aquatic Resources Management Act 2016* amended 6\n\nSchedule 1 — Port Kennedy Revised Development Plan (indicative only)\n\nSchedule 2 — Rockingham development zone plan (indicative only)\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\n![]()Western Australia\n\nPort Kennedy Development Act 2017\n\nAn Act —\n\n- to repeal the *Port Kennedy Development Agreement Act 1992*; and\n- to provide for planning changes to allow a revised Port Kennedy project to proceed; and\n- for related purposes.\n\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Port Kennedy Development Act 2017*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) Part 1 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n## Part 2 — Planning scheme amendments\n\n##### 3. Terms used\n\n(1) In this Part —\n\nArea A means the area shown as Area A on the Port Kennedy Revised Development Plan;\n\nArea B means the area that is —\n\n(a) shown as Area B on the Port Kennedy Revised Development Plan; and\n\n(b) shown as the hachured area on the Rockingham development zone plan;\n\nCommission means the Western Australian Planning Commission established by the Planning Act section 7;\n\nMetropolitan Region Scheme has the meaning given in the Planning Act section 4(1);\n\nPlanning Act means the *Planning and Development Act 2005*;\n\nPort Kennedy Revised Development Plan means the plan entitled Port Kennedy Revised Development Plan held at the office of the Commission and certified by the Commission as the plan prepared for the purposes of describing the areas in which the reservation or zoning of land under the Metropolitan Region Scheme is to be changed by this Act;\n\nRockingham development zone plan means the plan entitled Rockingham development zone plan held at the office of the Commission and certified by the Commission as the plan prepared for the purposes of describing the area in which the zoning of land under the Rockingham local planning scheme is to be changed by this Act;\n\nRockingham local planning scheme means the local planning scheme for the City of Rockingham under the Planning Act known as the City of Rockingham Town Planning Scheme No. 2 — District Zoning Scheme.\n\n(2) An indicative depiction of the Port Kennedy Revised Development Plan is in Schedule 1.\n\n(3) An indicative depiction of the Rockingham development zone plan is in Schedule 2.\n\n##### 4. Metropolitan Region Scheme amended\n\n(1) The Metropolitan Region Scheme is amended by changing the reservation of the land in Area A to “Parks and Recreation”.\n\n(2) The Metropolitan Region Scheme is amended by changing the zoning of any land in Area B that is not zoned as “Urban” to “Urban”.\n\n(3) In any proceedings, a plan purporting to be a copy of the Port Kennedy Revised Development Plan showing the boundaries of the area affected by subsection (1) or (2), as the case may be, is evidence of those boundaries.\n\n##### 5. Rockingham local planning scheme amended\n\n(1) The Rockingham local planning scheme is amended by rezoning any land in Area B that is not in the Development Zone to the Development Zone.\n\n(2) In any proceedings, a plan purporting to be a copy of the Rockingham development zone plan showing the boundaries of the area affected by subsection (1) is evidence of those boundaries.\n\n##### 6. Effect of amendments\n\n(1) The amendments effected by this Part have effect as though the amendments were enacted under the Planning Act.\n\n(2) Despite subsection (1) the Planning Act section 126(3) to (6) do not apply to the amendment to the Metropolitan Region Scheme effected by section 4(2).\n\n(3) Nothing in this Part affects the operation of the Planning Act with respect to amendments to the Metropolitan Region Scheme or the Rockingham local planning scheme as amended by this Part.\n\n## Part 3 — Repeal and amendment of Acts\n\n##### 7. *Port Kennedy Development Agreement Act 1992* repealed\n\nThe *Port Kennedy Development Agreement Act 1992* is repealed.\n\n##### 8. *Aquatic Resources Management Act 2016* amended\n\n(1) This section amends the *Aquatic Resources Management Act 2016*.\n\n(2) In section 377 in the Table delete the item relating to the *Port Kennedy Development Agreement Act 1992*.\n\n![dline]()\n\nSchedule 1 — Port Kennedy Revised Development Plan (indicative only)\n\n[s. 3(2)]\n\n![]()\n\nSchedule 2 — Rockingham development zone plan (indicative only)\n\n[s. 3(3)]\n\n![]()\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Port Kennedy Development Act 2017*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Port Kennedy Development Act 2017* | 8 of 2017 | 15 Sep 2017 | Pt. 1: 15 Sep 2017 (see s. 2(a));   Act other than Pt. 1: 27 Feb 2018 (see s. 2(b) and *Gazette* 27 Feb 2018 p. 531) |\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\nArea A 3(1)\n\nArea B 3(1)\n\nCommission 3(1)\n\nMetropolitan Region Scheme 3(1)\n\nPlanning Act 3(1)\n\nPort Kennedy Revised Development Plan 3(1)\n\nRockingham development zone plan 3(1)\n\nRockingham local planning scheme 3(1)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. Compared with the earlier statutory framework that implemented the Port Kennedy Development Agreement (the Port Kennedy Development Agreement Act 1992), this Act both repeals that Act (s.7) and replaces its statutory planning effect with direct amendments to the Metropolitan Region Scheme and the City of Rockingham local planning scheme (Part 2). Mechanically, the scope has shifted from managing the development under a bespoke statutory agreement to implementing a revised spatial plan through zoning changes (Area A as Parks and Recreation; Area B as Urban and Development Zone) and by making those changes effective via this Act rather than through the ordinary Planning Act amendment steps in full (notably by disapplying Planning Act s.126(3)–(6) for the Area B MRS amendment at s.6(2)). That is a substantive change in how the Port Kennedy project is authorised and regulated: it removes the 1992 Act's statutory vehicle and replaces it with targeted scheme amendments and evidentiary and procedural mechanisms set out in this Act."},"complexity_factors":["Short Act with 3 substantive Parts and 2 indicative Schedules","7 defined terms in the interpretation section (s.3)","Direct amendments to two planning instruments: Metropolitan Region Scheme (s.4) and local Rockingham scheme (s.5)","Cross-reference to the Planning and Development Act 2005 and specific carve-out of Planning Act s.126(3)–(6) (s.6(1)–(2))","Repeal of an earlier statutory development agreement (s.7) and consequential amendment to another Act (s.8)","Reliance on Commission-certified plans held at the Commission's office as admissible evidence in proceedings (s.3, s.4(3), s.5(2))","Commencement staged by proclamation for parts other than Part 1 (s.2(b))"],"plain_english_summary":"**What this law does (mechanics)\n\n- Changes the official planning rules for a defined area at Port Kennedy by:  \n  - reclassifying the land shown as \"Area A\" on the certified Port Kennedy Revised Development Plan to \"Parks and Recreation\" under the Metropolitan Region Scheme (s.4(1)); and  \n  - reclassifying land shown as \"Area B\" so that any part not already zoned \"Urban\" becomes \"Urban\" under the Metropolitan Region Scheme (s.4(2)), and rezoning any part of Area B that is not already in the local Development Zone to the Development Zone under the City of Rockingham local planning scheme (s.5(1)).\n\n- Treats the certified plans held by the Western Australian Planning Commission (the Commission) as evidence of the affected boundaries in legal proceedings (s.4(3), s.5(2); defined in s.3).\n\n- Declares that these amendments operate as if made under the Planning and Development Act 2005 (the Planning Act), but excludes the operation of Planning Act section 126(3)–(6) for the specific Metropolitan Region Scheme change that makes Area B Urban (s.6(1)–(2)).\n\n- Repeals the earlier Port Kennedy Development Agreement Act 1992 (s.7) and removes the repealed Act's entry from a table in the Aquatic Resources Management Act 2016 (s.8).\n\n**Who this affects (actors, incentives, decisions)\n\n- The Western Australian Planning Commission (the Commission) — certifies and holds the authoritative plans that define Areas A and B and whose copy of the plans is admissible evidence in proceedings (s.3, s.4(3), s.5(2)).\n\n- Landowners and developers in Areas A and B — the rezoning changes the set of lawful land uses available to them (s.4–5). Those with land in Area B gain the ability to develop on land newly zoned \"Urban\" or placed in the local Development Zone; land in Area A is constrained to parks and recreation uses.\n\n- Local government (City of Rockingham) and statutory planning authorities — the local zoning in the Rockingham scheme is amended by this Act rather than by an ordinary scheme amendment process (s.5, s.6).\n\n- Parties to the former Port Kennedy Development Agreement — repeal of the 1992 Act (s.7) removes the statutory instrument that previously gave effect to that agreement; consequential references are removed from other legislation (s.8).\n\n**Why it matters (purpose-claims and practical effects)\n\n- The Act states its purpose is to repeal the 1992 development agreement Act and to make specific planning-scheme changes so a revised Port Kennedy project can go ahead (short title and long title). That purpose is implemented by directly changing the Metropolitan Region Scheme and the local Rockingham scheme (Part 2) and by repealing the old statutory development agreement (Part 3).\n\n- Practical effect: the legislation alters what uses are legally permitted on the affected land (parks/recreation for Area A; urban/development uses for Area B). Those changes remove or add development rights that determine what private actors can build, where, and under what procedural regime (s.4–5).\n\n**Trade-offs, costs, incentives, and implementation risks (concrete mechanisms)\n\n- Concentrated benefits: Owners of land in Area B who want to develop are likely to gain increased land value and development options because of the new Urban/Development Zone zoning (s.4(2), s.5(1)).\n\n- Diffuse costs and opportunity costs: The public (or other potential users) may face reduced availability of alternative uses in Area B and the public budget may bear costs associated with infrastructure or park management for Area A if government supplies or funds those services; these follow from rezoning but are not specified in the Act.\n\n- Procedural streamlining and reduced procedural protections: The Act expressly treats these changes as if made under the Planning Act (s.6(1)), but it exempts the Area B Metropolitan Region Scheme amendment from Planning Act s.126(3)–(6) (s.6(2)). That exclusion removes the application of those particular Planning Act provisions to that amendment; the text creates a specific change in the statutory procedural framework rather than following the ordinary Planning Act amendment path, which alters who must take what steps and when. (Readers should check Planning Act s.126(3)–(6) to identify precisely which procedural steps are disapplied.)\n\n- Legal certainty and evidentiary shortcut: The Commission-certified plans are made admissible evidence of boundaries in proceedings (s.4(3), s.5(2)). That reduces the prospect of boundary disputes about the plan maps because a certified copy is evidence, but it concentrates authoritative control of the plan document with the Commission.\n\n- Effect on existing contractual or statutory rights: Repealing the Port Kennedy Development Agreement Act 1992 (s.7) removes the statutory vehicle that may have contained special rights or obligations tied to that development arrangement. The Act does not itself restate or preserve those rights; affected parties will need to rely on the repeal's practical legal consequences (and any saved or transitional provisions elsewhere) to determine their position.\n\n**Implementation and compliance burdens\n\n- Administrative: The Commission must hold and certify the revised plans (s.3 definition). Local planning records and mapping must be updated to reflect the new Metropolitan Region Scheme and local scheme zoning.\n\n- For developers: rezoning typically creates or removes planning preconditions; developers will still need to secure permits and approvals that flow from the new zoning and any applicable local or state planning controls. The Act does not itself grant development approvals.\n\n**Concrete references to operative provisions**\n\n- Definitions and certified plans: s.3.  \n- Metropolitan Region Scheme changes: s.4(1)–(3).  \n- Rockingham local planning scheme changes: s.5(1)–(2).  \n- Relationship with the Planning Act and excluded provisions: s.6(1)–(3).  \n- Repeal of prior development Act: s.7.  \n- Minor consequential amendment to Aquatic Resources Management Act 2016: s.8.\n\n**Bottom line**\n\nThis short Act adjusts statutory land-use zoning for specified Port Kennedy areas (constraining Area A to parks and recreation and enabling urban/development uses in Area B), makes the Commission's certified plans the operative maps for those changes, and repeals the earlier Port Kennedy Development Agreement Act 1992. It changes the procedural pathway for those scheme amendments by declaring them effective as if made under the Planning Act while carving out the application of particular Planning Act provisions for the Area B Metropolitan Region Scheme amendment (s.6(2))."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page hosting the Act has been moved or removed from the Western Australian legislation website."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404-style error message","Cannot assess complexity without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"The Port Kennedy Development Act 2017 is a Western Australian law, likely addressing development, land use and infrastructure at Port Kennedy. It would mainly affect residents, property developers, the City of Rockingham and environmental stakeholders near Rockingham Lakes Regional Park. It matters because such an act could alter planning approvals, infrastructure delivery and environmental protections locally — but the precise effects can’t be stated without the text."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the Port Kennedy development project through specific planning scheme amendments and repealing the obsolete 1992 Act. There is no scope creep — the Act does not expand into unrelated policy areas or create broad regulatory frameworks beyond what is necessary to enable this specific development."},"complexity_factors":["Short statute (8 sections plus schedules)","Only 7 defined terms, all concentrated in a single interpretation section (s. 3(1))","Straightforward amendment structure: two planning schemes amended, one Act repealed, one technical amendment to another Act","Minimal conditional logic — only one exception clause (s. 6(2)) excluding specific procedural requirements of the Planning Act","No nested exceptions or complex cross-referencing beyond standard references to the Planning Act and two development plans held by the Commission","Schedules contain indicative (illustrative) plans rather than detailed regulatory text"],"plain_english_summary":"This law clears the way for a major housing and development project called Port Kennedy, located south of Perth in Western Australia.\n\n**What it does:**\n- **Updates planning rules** to allow residential development on specific parcels of land that were previously reserved for other uses (like parks or non-urban purposes).\n- **Rezones two specific areas:**\n  - **Area A:** Changes the land use to \"Parks and Recreation\" (likely preserving green space or creating public amenities).\n  - **Area B:** Changes the zoning to \"Urban\" and \"Development Zone\" — this is the big change that allows houses, shops, and infrastructure to be built.\n- **Cleans up old legislation** by repealing (cancelling) the *Port Kennedy Development Agreement Act 1992*, which governed an earlier version of this project that never got off the ground.\n- **Fixes a technical reference** in fishing laws by removing mention of the old repealed Act.\n\n**Who it affects:**\n- **Property developers** who want to build in Port Kennedy.\n- **The City of Rockingham** (the local council), which manages local planning.\n- **Future residents** who will live in the new development.\n- **The Western Australian Planning Commission**, which oversees planning for Perth and surrounding areas.\n\n**Why it matters:**\nPort Kennedy was originally planned as a massive development in the 1990s but stalled for decades. This Act revives the project with revised plans, unlocking land for housing in a growing part of Perth's southern corridor. It essentially says \"the old deal is dead, here's the new plan\" — cutting through red tape that might otherwise require years of individual planning approvals."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/port-kennedy-development-act-2017","history":"/api/acts/port-kennedy-development-act-2017/history","analysis":"/api/acts/port-kennedy-development-act-2017/analysis","conflicts":"/api/acts/port-kennedy-development-act-2017/conflicts","importantCases":"/api/acts/port-kennedy-development-act-2017/important-cases","documents":"/api/acts/port-kennedy-development-act-2017/documents"}}