{"id":"swan-valley-planning-regulations-2024","name":"Swan Valley Planning Regulations 2024","slug":"swan-valley-planning-regulations-2024","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182159,"registerId":"wa-swan-valley-planning-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Swan Valley Planning Regulations 2024","content":"![Crest]()Western Australia\n\nSwan Valley Planning Act 2020\n\nSwan Valley Planning Regulations 2024\n\nWestern Australia\n\nSwan Valley Planning Regulations 2024\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Modification of *Planning and Development (Local Planning Schemes) Regulations 2015* in application to Swan Valley Planning Scheme (s. 40) 1\n\nNotes\n\nCompilation table 3\n\nDefined terms\n\n  \n\nSwan Valley Planning Act 2020\n\nSwan Valley Planning Regulations 2024\n\n##### 1. Citation\n\n\t\tThese regulations are the *Swan Valley Planning Regulations 2024*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;\n\n(b) the rest of the regulations — on 1 March 2024.\n\n##### 3. Modification of *Planning and Development (Local Planning Schemes) Regulations 2015* in application to Swan Valley Planning Scheme (s. 40)\n\n(1) This regulation sets out, for the purposes of section 40(3) of the Act, modifications of the *Planning and Development (Local Planning Schemes) Regulations 2015* Parts 4 and 5 as they apply under section 40(2) of the Act (the relevant applied provisions).\n\n(2) The relevant applied provisions apply as if a reference to a provision of the *Planning and Development Act 2005* Part 5 were a reference to a corresponding provision in Part 2 of the Act.\n\n(3) The relevant applied provisions apply as if —\n\n(a) the following provisions relating to approval to advertise a scheme or amendment were deleted —\n\n(i) regulations 21 to 21B;\n\n(ii) regulations 37 to 37B;\n\n(iii) regulations 46A to 46C;\n\nand\n\n(b) the references in regulations 22(1), 38(1) and 47(1) to the Minister approving a proposed scheme or amendment for advertising were omitted.\n\n(4) The relevant applied provisions apply as if —\n\n(a) regulations 57 to 61 were deleted; and\n\n(b) a requirement were instead included that the Commission must —\n\n(i) advertise a proposed basic amendment to the Swan Valley Planning Scheme in accordance with the procedure that applies to the advertising of a proposed standard amendment under regulations 47 and 48, except that the period for making submissions on the advertised proposed basic amendment is a period of at least 14 days decided by the Commission (rather than the period referred to in regulation 47(3)); and\n\n(ii) consider any submissions made in response to the advertised basic amendment within that period.\n\n(5) This regulation does not limit the other modifications that apply to the relevant applied provisions and other relevant local planning scheme regulations under section 40(2) and (3) of the Act.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Swan Valley Planning Regulations 2024*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Swan Valley Planning Regulations 2024* | SL 2024/14 21 Feb 2024 | r. 1 and 2: 21 Feb 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Mar 2024 (see r. 2(b)) |\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\nrelevant applied provisions 3(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: making technical modifications to ensure the Planning and Development (Local Planning Schemes) Regulations 2015 work properly when applied to the Swan Valley Planning Scheme under the Swan Valley Planning Act 2020. It does not expand beyond this technical adaptation role."},"complexity_factors":["Very short instrument (only 3 substantive regulations)","Single defined term ('relevant applied provisions')","Heavy reliance on external references to other legislation (Swan Valley Planning Act 2020, Planning and Development Act 2005, and Planning and Development (Local Planning Schemes) Regulations 2015)","Modification-by-deletion approach requires cross-referencing to understand what is being removed","Nested conditional logic in regulation 3 (sub-regulations 2-5 with multiple clauses and sub-clauses)"],"plain_english_summary":"**What this does:**\n\nThese regulations tweak how planning rules work specifically for the Swan Valley area in Western Australia. They modify existing planning regulations (the *Planning and Development (Local Planning Schemes) Regulations 2015*) so they fit with the newer *Swan Valley Planning Act 2020*.\n\n**Key changes:**\n\n* **Swaps out references:** Where the old regulations mention parts of the *Planning and Development Act 2005*, these regulations swap in references to the equivalent parts of the *Swan Valley Planning Act 2020* instead.\n* **Removes certain approval steps:** The regulations delete several provisions that normally require Ministerial approval to advertise planning schemes or amendments. This means the Swan Valley Planning Scheme doesn't need the Minister to sign off before advertising proposed changes.\n* **Changes how basic amendments work:** Normally there are specific rules (regulations 57-61) for \"basic amendments\" (minor changes to planning schemes). These are deleted and replaced with a simpler process: the Commission advertises the amendment for at least 14 days, accepts submissions, and considers them.\n* **Keeps other modifications open:** The regulations explicitly state that other modifications can still be made under the parent Act.\n\n**Who it affects:**\n\n* The **Swan Valley Planning Commission** (they now have more direct control over advertising and processing amendments)\n* **Landowners and developers** in the Swan Valley region (the process for planning scheme changes is slightly different)\n* **Local residents** who want to have their say on planning changes (shorter submission periods possible for basic amendments)\n\n**Why it matters:**\n\nThe Swan Valley is a special planning area with its own Act. These regulations ensure the general planning rules \"talk to\" the Swan Valley-specific legislation correctly. It streamlines the process by cutting out some Ministerial oversight steps and creating a faster track for minor planning changes, giving the Commission more autonomy while still requiring public consultation."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was unavailable. The page returned a system error indicating the URL has changed due to website upgrades. No substantive text was present to evaluate whether the regulation's scope drifted from its original intent."},"complexity_factors":["No legislative text was retrievable — the page returned a 404-style error message","Cannot assess actual regulatory complexity without content","Score of 1 reflects the simplicity of what was actually analysed (an error page), not the likely complexity of the underlying regulation"],"plain_english_summary":"The Swan Valley Planning Regulations 2024 are a Western Australian delegated law setting planning rules for the Swan Valley — a protected wine, tourism and agricultural region northeast of Perth. Though the full text is currently unavailable online, the regulations will matter to landowners, residents, developers, farmers, wineries, tourism operators and local governments because they implement and enforce the area’s special planning protections under the Swan Valley planning framework."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"These regulations alter the scope of how the standard local planning scheme regulations apply to the Swan Valley Planning Scheme by (a) treating references to Part 5 of the Planning and Development Act 2005 as references to Part 2 of the Swan Valley Act (reg 3(2)); (b) deleting specified advertising-approval provisions (regs 21–21B, 37–37B, 46A–46C) and omitting minister-approval references in certain rules (reg 3(3)); and (c) deleting regs 57–61 and imposing a new duty on the Commission to advertise basic amendments under the procedure for standard amendments but with a Commission-determined submissions period of at least 14 days and an obligation to consider submissions within that period (reg 3(4)(a)–(b)(i)–(ii)). Reg 3(5) confirms other modifications under section 40(2)–(3) of the Act may also apply."},"complexity_factors":["Cross-references to the Planning and Development (Local Planning Schemes) Regulations 2015 Parts 4 and 5 and to the Planning and Development Act 2005, requiring readers to trace provisions across instruments (reg 3(1)–(2)).","Multiple targeted deletions and omissions altering the text of existing regulations rather than replacing them, increasing interpretive work (deletions listed in reg 3(3)(a); omission of minister-approval references in reg 3(3)(b)).","Procedure substitution for basic amendments that borrows the standard amendment advertising procedure but changes the submission period and decision process, creating a bespoke hybrid regime (reg 3(4)(b)(i)–(ii)).","Removal of regulations 57–61 and replacement with Commission duties creates potential gaps or relocation of procedural steps that must be reconciled with remaining provisions (reg 3(4)(a)–(b)).","Discretion left to the Commission to set a submissions period of at least 14 days introduces exercise-of-power and timing variability that affects stakeholders’ planning (reg 3(4)(b)(i)).","Residual modification clause preserves unspecified additional changes under the Act, requiring a reader to check section 40(2)–(3) of the Swan Valley Planning Act 2020 for full scope (reg 3(5)).","Two-stage commencement (regs 1–2) requires attention to operative dates for different provisions."],"plain_english_summary":"These regulations change how the general local planning scheme rules apply to the Swan Valley Planning Scheme. They remove the Minister’s role in approving proposed schemes or amendments for advertising, delete several advertising provisions, and require the Planning Commission to advertise ‘basic’ amendments and consider submissions. \n\nThe practical effect is to shift who decides and the timing of public advertising to the Commission, give it discretion to set a submissions period of at least 14 days, and alter the consultation and procedural steps that landowners, developers, local government and the public must follow."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}},"importantCases":[],"_links":{"self":"/api/acts/swan-valley-planning-regulations-2024","history":"/api/acts/swan-valley-planning-regulations-2024/history","analysis":"/api/acts/swan-valley-planning-regulations-2024/analysis","conflicts":"/api/acts/swan-valley-planning-regulations-2024/conflicts","importantCases":"/api/acts/swan-valley-planning-regulations-2024/important-cases","documents":"/api/acts/swan-valley-planning-regulations-2024/documents"}}