Greater Bunbury Region Scheme (Western Australia)

The Greater Bunbury Region Scheme is a region‑scale planning instrument implemented under the Planning and Development Act 2005. Mechanically, the Scheme comprises two parts: the Scheme Text and the Scheme Map (clause 4). It classifies all land in the Greater Bunbury Region into reserves and discrete zones (clauses 9, 11) and overlays four Special Control Areas (SCAs) on the Scheme Map (clause 14). The Scheme makes the Western Australian Planning Commission (the Commission) the decision maker for development and land use matters specified in the text, establishes documentary and procedural requirements for applying for planning approval (Parts 6 and 7), sets out consultation obligations with other public authorities (clauses 17, 20, 23, 24C and 39), and prescribes enforcement, entry and compensation mechanisms (clauses 49-53). The Scheme expressly prevails over any inconsistent local planning scheme to the extent of inconsistency (clause 7). Determinations by the Commission are to conform with relevant provisions of the State Planning Framework unless inconsistent with the Scheme (clause 8).

Operationally, the Scheme requires Commission approval for development on reserved land and for development classes the Commission elects to require approval for in respect of zoned land (clause 24, clause 27). For zoned land, the Commission can, by resolution published in the Gazette and notified to local governments, require that development also obtain Commission planning approval (clause 27). Applications for planning approval must be made on Form 1, signed by the landowner and supported by prescribed plans and any specialist studies the Commission requires (clauses 34-35). Applications are lodged with the local government, which must forward them to the Commission within seven days and may provide recommendations within 42 days (clause 36). The Commission may advertise applications and require public submissions (clause 37). Decisions are given in Form 3, have statutory time frames for deemed refusal if the Commission does not determine the application within 60 or 90 days (clause 47), and are reviewable by the State Administrative Tribunal under the Planning and Development Act 2005 Part 14 (clause 48).

CrestWestern Australia

Planning and Development Act 2005

Greater Bunbury Region Scheme

Western Australia

Greater Bunbury Region Scheme

Contents

Part 1 — Preliminary

Citation 1
Definitions 1
Application of Scheme 2
Contents of Scheme 2
Purposes of Scheme 2
The aims of the Scheme 3
Scheme prevails over inconsistent local planning scheme 4

Part 2 — State Planning Framework

Scheme determinations to conform with particular provisions of the State Planning Framework 5

Part 3 — Reserved lands

Reserves 6
Purposes of reserves 6

Part 4 — Zones

Zones 7
Purposes of zones 7
Change of zone by resolution 8

Part 5 — Special control areas

Division 1 — Operation of special control areas

Operation of special control areas 9

Division 2 — Water Catchments

Purposes — SCA No. 1 9
Planning requirements — SCA No. 1 10
Consultation 10

Division 3 — Kemerton Industrial Zone Buffer Area

Purposes — SCA No. 2 11
Planning requirements — SCA No. 2 11
Consultation 12

Division 4 — Glen Iris Service Corridor Buffer Area

Purposes — SCA No. 3 12
Planning requirements — SCA No. 3 12
Consultation 13

Division 5—Wastewater Treatment Plant Odour Buffer Areas

24A. Purposes—SCA No. 4 13

24B. Planning requirements—SCA No. 4 14

24C. Consultation 14

Part 6 — Development of land

Requirement for approval to commence development 15
Permitted development on reserved land 15
Use of reserved land by a public authority 18
Resolution as to development in respect of zoned land requiring approval 18
Deemed determination of application to commence development where power is delegated to local government 18
Extensions and changes to a non‑conforming use 19
Amending or revoking a planning approval 20
Unauthorised existing developments 20
Existing uses 20
Existing approvals 20

Part 7 — Applications for planning approval

Form of application 22
Accompanying material 22
Application procedure 23
Advertising of applications 24
Determination by Commission 25

Part 8 — Procedure for dealing with applications

Consultation with other authorities 26
Matters to be considered by Commission 26
Determination of applications 28
Form and date of determination 28
Term of planning approval 29
Temporary planning approval 29
Scope of planning approval 29
Approval subject to later approval of details 30
Deemed refusal 30
Application for review 31

Part 9 — Enforcement and administration

Compensation 32
Powers of the Commission 32
Person must comply with provisions of Scheme 32
Environmental conditions 33
Certificates 33

Schedule 1 — Forms

Schedule 2 — Environmental Conditions

Management Plans 40
Biological Survey 40
Provision of Environmental Offsets 41

Schedule 3 — Certificate

Notes

Compilation table 43

Western Australia

Planning and Development Act 2005

Greater Bunbury Region Scheme

Part 1 — Preliminary

1. Citation

	This is the *Greater Bunbury Region Scheme*.

2. Definitions

(1) Subject to subclause (2), words and expressions used in the Scheme have the same meaning as they have in the Planning and Development Act 2005.

(2) In this Scheme —

artificial waterway means an artificial channel, lake, harbour or embayment, for navigational, ornamental or recreational purposes, or for any of those purposes, and includes any addition to, or alteration of, an artificial waterway as so defined;

EP department mean the department principally assisting in the administration of the Environmental Protection Act 1986;

local government means a local government of a district in the region;

region means the Greater Bunbury Region described in clause 3;

reserved land means land reserved under the Scheme for a public purpose;

reserved land owned by or vested in a public authority includes reserved land in relation to which a public authority has an easement, right of way, right of occupation, or any other interest, right, privilege or concession;

SCA No. 1 means the Water Catchments — Special Control Area shown on the Scheme Map;

SCA No. 2 means the Kemerton Industrial Zone Buffer Area — Special Control Area shown on the Scheme Map;

SCA No. 3 means the Glen Iris Corridor Buffer Area — Special Control Area shown on the Scheme Map;

SCA No. 4 means the Wastewater Treatment Plant Odour Buffer Areas — Special Control Areas shown on the Scheme Map;

Scheme means the Greater Bunbury Region Scheme;

State forest has the same meaning as it has in the Conservation and Land Management Act 1984;

State Planning Framework means the State planning policy of that title.

[Clause 2 amended: Gazette 7 Jun 2013 p. 2152.]

3. Application of Scheme

The Scheme applies to the Greater Bunbury Region which comprises all of the districts of the City of Bunbury, the Shire of Capel, the Shire of Dardanup, and the Shire of Harvey, as shown on the Scheme Map.

4. Contents of Scheme

The Scheme comprises —

(a) the Scheme Text; and

(b) the Scheme Map (sheets 1‑23).

5. Purposes of Scheme

The purposes of the Scheme are to —

(a) provide for the reservation and protection of land for regional transport, infrastructure, conservation, recreation and public purposes;

(b) provide for the zoning of land for living, working and rural land uses;

(c) provide a mechanism for landowners to be compensated in a fair and equitable manner where land is reserved for a public purpose;

(d) provide an opportunity for the formal environmental assessment of regional planning proposals and provide increased certainty to such proposals;

(e) provide a mechanism for certain development of regional significance, and development in areas of regional significance, to be considered and approved by the Commission; and

(f) identify and protect land having strategic importance for industrial and future urban use.

6. The aims of the Scheme

The aims of the Scheme are to —

(a) promote the sustainable development of land taking into account relevant environmental, social and economic factors;

(b) provide for regional transportation, community services and infrastructure in a way that is efficient, equitable and timely;

(c) protect as regional open space the region’s coastal foreshores, the foreshores of the Harvey, Brunswick, Collie, Preston and Capel Rivers, and the Leschenault Estuary and Inlet, as well as other areas of regional conservation significance and areas for regional recreational facilities;

(d) protect surface water catchments and groundwater areas for future water supplies;

(e) provide for industrial development in planned estates where land use conflicts and environmental impacts will be minimised and efficient production facilitated;

(f) provide for future urban purposes and prevent development which could prejudice the future development of urban land;

(g) protect strategic agricultural land considered to be of State or regional importance; and

(h) protect strategic minerals and basic raw materials of State and regional importance and provide for the efficient and timely extraction of minerals and raw materials and subsequent rehabilitation of affected land.

7. Scheme prevails over inconsistent local planning scheme

If the Scheme is inconsistent with a local planning scheme, the Scheme prevails over the local planning scheme to the extent of the inconsistency.

Part 2 — State Planning Framework

8. Scheme determinations to conform with particular provisions of the State Planning Framework

Except to the extent that those provisions are inconsistent with the Scheme, determinations of the Commission under the Scheme are to be consistent with the provisions of the State Planning Framework that the Commission considers are relevant to the region.

Part 3 — Reserved lands

9. Reserves

The lands shown as Reserved Lands on the Scheme Map are reserved under the Scheme for the public purposes shown on the Scheme Map.

10. Purposes of reserves

Land is reserved under the Scheme for the following public purposes —

(a) Regional Open Space — to protect the natural environment, provide recreational opportunities, safeguard important landscapes and provide for public access;

(b) Primary Regional Roads — to provide a regional road network to accommodate current and future transport needs on roads declared under the Main Roads Act 1930;

(c) Other Regional Roads — to provide a regional road network to accommodate current and future transport needs on roads for which the planning responsibilities are shared between the Commission and local government;

(d) Railways — to provide for the passage of trains, the marshalling, maintenance and storage of rolling stock, and the conveying of the public and freight by rail;

(e) Port Installations — to provide for the current and future expansion needs of the Port of Bunbury;

(f) Waterways — to recognise permanently inundated inland and coastal lands below the high water mark, and existing and proposed water canals;

(g) State Forests — to recognise State forests;

(h) Public Purposes — to provide for other public purposes as denoted on the Scheme Map.

Part 4 — Zones

11. Zones

(1) The region is classified into the zones shown on the Scheme Map.

(2) The zones are delineated and depicted on the Scheme Map according to the legend on the Scheme Map.

12. Purposes of zones

Land is classified into zones under the Scheme for the following purposes —

(a) Urban — to provide for residential development and associated local employment, recreation and open space, shopping, schools and other community facilities;

(b) Urban Deferred — land suitable for future urban development but where there are various planning, servicing and environmental requirements which need to be addressed before urban development can take place;

(c) Regional Centre — The Bunbury central business district where commercial, civic, cultural, residential, service and administration serving the region are located;

(d) Industrial — to provide for manufacturing industry, the storage and distribution of goods and associated uses;

(ea) Industrial Deferred — land suitable for future industrial development but where there are various planning, servicing and environmental requirements which need to be addressed before industrial development can take place;

(e) Rural — to provide for the sustainable use of land for agriculture, assist in the conservation and wise use of natural resources including water, flora, fauna and minerals, provide a distinctive rural landscape setting for the urban areas and accommodate carefully planned rural living developments;

(f) Private Recreation — to accommodate regionally significant open space and recreational activities in private use.

[Clause 12 amended: Gazette 9 Apr 2010 p. 1363; 9 May 2014 p. 1429.]

13. Change of zone by resolution

(1) The Commission may, by resolution, transfer land —

(a) from the Urban Deferred zone to the Urban zone; or

(b) from the Industrial Deferred zone to the Industrial zone.

(2) A resolution under subclause (1) takes effect —

(a) on the day on which notification of the resolution is published in the Gazette (publication day); or

(b) on a day after publication day that is specified in the resolution.

[Clause 13 inserted: Gazette 9 May 2014 p. 1429.]

Part 5 — Special control areas

Division 1 — Operation of special control areas

14. Operation of special control areas

(1) The following special control areas are shown on the Scheme Map —

(a) Water Catchments — Special Control Area (SCA No. 1); and

(b) Kemerton Industrial Zone Buffer Area — Special Control Area (SCA No. 2); and

(d) Wastewater Treatment Plant Odour Buffer Areas — Special Control Areas (SCA No. 4).

(2) The provisions of this Part applying to the special control areas apply in addition to the provisions of the Scheme applying to any underlying zone or reserve and any general provisions of the Scheme.

[Clause 14 amended: Gazette 7 Jun 2013 p. 2152.]

Division 2 — Water Catchments

15. Purposes — SCA No. 1

The purposes of SCA No. 1 are —

(a) to implement State Planning Policy No.2.7: Public Drinking Water Source Policy;

(b) to identify proclaimed surface water catchments within the Greater Bunbury Region; and

16. Planning requirements — SCA No. 1

In considering an application for planning approval in SCA No. 1 the Commission is to have regard to —

(a) the provisions of State Planning Policy No.2.7: Public Drinking Water Source Policy;

(b) the impact of the proposal on the quality of any existing or future public drinking water supply source;

(c) the extent to which the proposal achieves and adheres to best management practices for the storage of substances that could contaminate the public drinking water sources;

(d) the adequacy of proposed measures to manage run‑off and drainage;

(e) whether there is any loss of native vegetation which will be detrimental to maintaining water supply and quality;

(f) the recommendations of the chief executive officer of the EP department, and advice contained in the Water Quality Protection Note: Land Use Compatibility in Public Drinking Water Source Areas prepared by the EP department; and

(g) any other matters that the Commission considers relevant.

17. Consultation

In considering an application for planning approval with respect to land wholly or partly within SCA No. 1 the Commission is to consult with the chief executive officer of the EP Department.

Division 3 — Kemerton Industrial Zone Buffer Area

18. Purposes — SCA No. 2

The purposes of SCA No. 2 are —

(a) to identify land likely to be subject to significant levels of noise, odour, dust, risk or any other off‑site impacts from the Kemerton Industrial Zone; and

(b) to ensure that the use and development of land in the area is compatible with any existing or proposed future use or development within the Kemerton Industrial Zone.

19. Planning requirements — SCA No. 2

(1) The following uses are not permitted in SCA No. 2 —

(a) residential accommodation including single residential dwellings and grouped dwellings;

(b) hospitals;

(d) institutional or other uses involving residential accommodation, including temporary, short stay or holiday accommodation;

(e) general, noxious, hazardous and light industry uses as defined in State Planning Policy No.4.1: State Industrial Buffer Policy.

(2) In considering an application for planning approval in SCA No. 2, the Commission is to have regard to —

(a) whether the proposal is compatible with any existing or proposed future use or development within the Kemerton Industrial Zone;

(b) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework; and

(c) recommendations of the chief executive officer of the department principally assisting in the administration of the Mining Act 1978 and the chief executive officer of the EP department.

20. Consultation

In considering an application for planning approval with respect to land wholly or partly within SCA No. 2, the Commission is to consult with the chief executive officer of the department principally assisting in the administration of the Mining Act 1978 and the chief executive officer of the EP department.

Division 4 — Glen Iris Service Corridor Buffer Area

21. Purposes — SCA No. 3

The purposes of SCA No. 3 are —

(a) to identify land likely to be subject to significant levels of noise, vibration, odour, dust, risk or any other off‑site impacts from the Glen Iris Service Corridor; and

(b) to ensure that the use and development of land in the area is compatible with any existing or proposed future use or development of the Glen Iris Service Corridor.

22. Planning requirements — SCA No. 3

(1) The following uses are not permitted in SCA No. 3 —

(a) residential accommodation including single residential dwellings and grouped dwellings;

(b) hospitals;

(d) institutional or other uses involving residential accommodation, including temporary, short stay or holiday accommodation.

(2) In considering an application for planning approval in SCA No. 3, the Commission is to have regard to —

(a) whether the proposal is compatible with any existing or proposed future infrastructure or transport facilities within the Glen Iris Service Corridor;

(b) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework;

(c) recommendations of the chief executive officer of the department principally assisting in the administration of the Mining Act 1978 and the chief executive officer of the EP department.

23. Consultation

In considering an application for planning approval with respect to land wholly or partly within SCA No. 3, the Commission is to consult with the chief executive officer of the department principally assisting in the administration of the Mining Act 1978 and the chief executive officer of the EP department.

Division 5—Wastewater Treatment Plant Odour Buffer Areas

[Heading inserted: Gazette 7 Jun 2013 p. 2152.]

24A. Purposes—SCA No. 4

The purposes of SCA No. 4 are—

(a) to implement State Planning Policy No. 4.1: State Industrial Buffers Policy; and

(b) to identify land likely to be subject to offsite odour impacts from wastewater treatment plants; and

(c) to ensure that the use and development of the land in the area is compatible with the on-going operation and expansion of the capacity of the treatment plant, to the extent possible, within the identified odour buffer.

[Clause 24A inserted: Gazette 7 Jun 2013 p. 2152.]

24B. Planning requirements—SCA No. 4

In considering an application for planning approval in SCA No. 4, the Commission is to have regard to—

(a) whether the proposal is compatible with any existing or proposed future use or development within the wastewater treatment plant; and

(b) whether the proposal—

(i) will suffer adverse impacts from possible odour emissions; or

(ii) may, by its nature, potentially jeopardise the continued operation of the wastewater treatment plant; or

(iii) may limit the wastewater treatment plant from operating at its planned ultimate capacity;

and

(c) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework and policies of the EP department.

[Clause 24B inserted: Gazette 7 Jun 2013 p. 2152-3.]

24C. Consultation

In considering an application for subdivision or development approval with respect to land wholly or partly within SCA No. 4, the Commission is to consult with the chief executive officer of Water Corporation for comment, and due regard is to be given to any recommendations or comments provided by the Corporation prior to determining the application.

[Clause 24C inserted: Gazette 7 Jun 2013 p. 2153.]

Part 6 — Development of land

24. Requirement for approval to commence development

Subject to clauses 25 and 26 a person must not commence or carry out —

(a) development on reserved land; or

(b) development of a kind or class specified in a resolution made by the Commission under clause 27,

unless that person has first applied for and obtained the planning approval of the Commission under Part 7.

Note for this clause:

[Planning approval for development in a planning control area must be obtained under the Planning and Development Act 2005 Part 7.]

25. Permitted development on reserved land

The following development on reserved land does not require the planning approval of the Commission —

(a) the erection, construction, maintenance, improvement or alteration of a boundary fence or wall or other means of boundary enclosure;

(b) the carrying out of any building or work which affects only the interior of a building and which does not materially affect the external appearance of the building except where the building is —

(i) located in a place that has been entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(ii) the subject of an order under the Heritage of Western Australia Act 1990 Part 6;

(i) located in a place that has been entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(ii) the subject of an order under the Heritage of Western Australia Act 1990 Part 6;

(d) the erection of signs that —

(i) relate to the functions of a public authority or local government (other than signs of a promotional nature) and are constructed or exhibited by, or on behalf of, the public authority or local government;

(ii) are required for the management or control of traffic on a public road, car park, cycleway, railway or waterway and are constructed or exhibited by or on behalf of a public authority or local government; or

(iii) are required to be exhibited under a written law;

(e) the erection, construction, maintenance, improvement or alteration of a jetty or associated structure (including a boat lifting device or mooring pile) within an artificial waterway except where the jetty or associated structure —

(i) does not comply with a policy in regard to such structures that is adopted by the relevant local government; or

(ii) is situated on a regionally significant waterway identified by resolution of the Commission for the purposes of this provision;

(f) development on reserved land owned by or vested in a public authority that is —

(i) works on land reserved for Primary Regional Roads or Other Regional Roads for the purpose of or in connection with a road as defined in the Main Roads Act 1930;

(ii) works on land reserved for Port Installations for the purpose of or in connection with a port;

(iii) works for the purpose of, or in connection with, the supply of water or wastewater services, electricity or gas, or the drainage of surplus water or treatment of water, wastewater or surplus water;

(iv) works on land reserved for Railways, or for Primary Regional Roads or Other Regional Roads, for the purpose of or in connection with a railway, but this does not include the construction or alteration of a railway station or any related carparks, public transport interchange facilities, or associated means of pedestrian or vehicular access;

(v) works on land reserved for Regional Open Space where the works are in accordance with a management plan endorsed by the Commission;

(vi) works on land reserved for Public Purposes — High School for the purpose of or incidental to a high school;

(vii) operational works on land reserved for State Forests for the purpose of or incidental to a State forest;

(viii) development that a public authority is expressly authorised under an Act to commence or carry out without the approval of the Commission;

(g) any development or class of development that the Commission by resolution, notice of which is published in the Gazette, declares to be development not requiring the approval of the Commission.

26. Use of reserved land by a public authority

Without limiting clause 25, reserved land may be used by a public authority without the approval of the Commission if the land is used —

(a) for the purpose for which it is reserved under the Scheme; or

(b) for any purpose for which the land may be lawfully used by the public authority.

27. Resolution as to development in respect of zoned land requiring approval

(1) The Commission may by resolution require development on land zoned under this Scheme to have the planning approval of the Commission before it is commenced or carried on.

(2) The resolution may be made so as to apply to —

(a) all land, or a specified area of land, zoned under this Scheme; and

(b) all development or classes of development or a specified development or class of development on land zoned under this Scheme.

(3) Notice of the resolution is to be —

(a) published in the Gazette; and

(b) served on each local government,

as soon as practicable after the resolution is made.

28. Deemed determination of application to commence development where power is delegated to local government

(1) If —

(a) a determination is made by a local government under a local planning scheme in respect of planning approval for development on land to which a resolution under clause 27 applies;

(b) at the same time as the application for that planning approval was made under the local planning scheme, an application was made to that local government under this Scheme for planning approval in respect of the same development; and

(c) the local government has power, pursuant to a delegation by the Commission, to determine the application made under this Scheme,

then, subject to subclause (2) and despite any other provision of this Scheme, the local government is deemed to have made, at the same time as the determination under the local planning scheme was made, the same determination under this Scheme in respect of the development.

(2) Nothing in this clause prevents the Commission from exercising its power to determine an application for planning approval in accordance with the terms of the delegation referred to in subclause (1)(c).

29. Extensions and changes to a non‑conforming use

(1) A person must not —

(a) alter or extend a non‑conforming use;

(b) erect, alter or extend a building used in conjunction with or in furtherance of a non‑conforming use; or

unless that person has first applied for and obtained planning approval under Part 7.

(2) In this clause —

non‑conforming use has the same meaning as it has in the Planning and Development Act 2005 section 172.

30. Amending or revoking a planning approval

The Commission may, on written application from the owner of land in respect of which planning approval has been granted, revoke or amend the planning approval prior to the commencement of the development that is the subject of the planning approval.

31. Unauthorised existing developments

(1) Despite clauses 24, 29 and 51, the Commission may grant planning approval for a development already commenced or carried out.

(2) Subclause (1) does not affect the operation of clauses clauses 24, 29 and 51 and the Planning and Development Act 2005 Part 13 in respect of development commenced or carried out before planning approval has been granted.

(3) Development which was unlawfully commenced is not rendered lawful by the occurrence of any subsequent event except the granting of planning approval for the development, and the continuation of a development unlawfully commenced is taken to be lawful upon the grant of planning approval.

32. Existing uses

Nothing in this Scheme prevents the continued use of land for the purpose for which it was being lawfully used immediately before the Scheme came into effect.

33. Existing approvals

Development —

(a) that was lawfully being carried out in a local government district in the region immediately before the Scheme came into effect; or

(b) in respect of which all necessary approvals under the local planning schemes applying to that district were in force immediately before the Scheme came into effect,

may be lawfully carried out as if this Scheme had not come into effect.

Part 7 — Applications for planning approval

34. Form of application

An application for planning approval is to be —

(a) made in the form of Form 1 in Schedule 1;

(b) signed by the owner of the land on which the development is proposed; and

35. Accompanying material

Unless the Commission waives any particular requirement, every application for planning approval is to be accompanied by —

(a) a plan or plans to a scale of not less than 1:500 showing —

(i) the location of the site including street names, lot numbers, north point and the dimensions of the site;

(ii) the existing and proposed ground levels over the whole of the land that is the subject of the application;

(iii) the location, height and type of all existing structures on the land that is the subject of the application, and all existing structures and vegetation proposed to be removed;

(iv) the existing and proposed use of the site, including proposed hours of operation, and buildings and structures to be erected on the site;

(v) the existing and proposed means of access for pedestrians and vehicles to and from the site;

(vi) the location, number, dimensions and layout of all car‑parking spaces intended to be provided;

(vii) the location and dimensions of any area proposed to be provided for the loading and unloading of vehicles carrying goods and commodities to and from the site and the means of access to and from those areas;

(viii) the location, dimensions and design of any open storage or trade display area, and particulars of the manner in which it is proposed to develop those areas; and

(ix) the nature and extent of any open space and landscaping proposed for the site; and

(b) plans, elevations and sections of any building proposed to be erected or altered and of any building it is intended to retain,

and an applicant is also to provide —

(c) any specialist studies that the Commission may require the applicant to undertake in support of the application such as traffic, heritage, environmental, engineering or urban design studies, and

(d) any other plan or information relating to the proposed development that the Commission may reasonably require.

36. Application procedure

(1) An application for planning approval is to be lodged with the local government in whose district the land that is the subject of the application is situated.

(2) A local government which receives an application under subclause (1) is to forward it to the Commission within 7 days of receiving it.

(3) A local government may make recommendations to the Commission regarding an application it has forwarded to the Commission within 42 days, or such longer period as the Commission allows, of the receipt of the application by the local government.

37. Advertising of applications

(1) If the Commission is of the opinion that planning approval should not be granted before notice of the application is given, the Commission may give notice, or require the applicant to give notice, of the application for planning approval in one or more of the following ways —

(a) notice of the proposed development served on nearby owners and occupiers who, in the opinion of the Commission, are likely to be affected by the proposed development, stating that submissions may be made to the Commission by a day specified in the notice, being not less than 14 days from the day the notice is served;

(b) notice of the proposed development published in a newspaper circulating in the region stating that submissions may be made to the Commission by a day specified in the notice being not less than 14 days from the day the notice is published;

(c) a sign or signs displaying notice of the proposed development erected in a conspicuous position on the land on which development is proposed for a period of not less than 14 days from the day the notice is erected.

(2) The notice referred to in subclause (1) is to be in the form of Form 2 in Schedule 1 with such modifications as are considered appropriate by the Commission.

(3) Any person may inspect the application for planning approval referred to in the notice and the material accompanying that application during business hours at the offices of the Commission.

38. Determination by Commission

After —

(a) the expiry of the period referred to in clause 36(3) within which the local government may make recommendations, or the making of recommendations by the local government under clause 36(3), whichever is sooner; and

(b) the expiry of any period specified for the purposes of clause 37(1)(a), 37(1)(b) or 37(1)(c) in respect of the notice of proposed development,

the Commission may determine the application for planning approval.

Part 8 — Procedure for dealing with applications

39. Consultation with other authorities

(1) The Commission may consult on a proposed development with any public authority it considers appropriate.

(2) The Commission is not to determine a planning application in respect of land reserved under the Scheme for the purposes of a public authority without first consulting that public authority.

40. Matters to be considered by Commission

The Commission in considering an application for planning approval is to have regard to such of the following matters as are in the opinion of the Commission relevant to the development that is the subject of the application —

(a) the aims and provisions of the Scheme and any other local planning schemes in effect within the region;

(b) the requirements of orderly and proper planning including any relevant proposed Scheme amendment, or new local planning scheme or amendment, for which consent for public submissions to be sought has been granted;

(d) any environmental protection policy approved under the Environmental Protection Act 1986;

(e) any policy or strategy of the Commission and any policy adopted by the Government of the State;

(f) the provisions of any Local Planning Strategy of the local government in respect of a local planning scheme, as approved by the Commission under the Town Planning Regulations 1967 regulation 12B and amended from time to time;

(g) in the case of land reserved under the Scheme, the purpose for which the land is reserved;

(h) the conservation of any place that has been —

(i) entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(ii) which is included in a Heritage List or a Heritage Area under a local planning scheme;

(i) the compatibility of a development with its setting;

(j) any social issues that have an effect on the amenity of the locality;

(k) the cultural significance of any place or area affected by the development;

(l) the likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

(m) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or other risk;

(n) the preservation of the amenity of the location;

(o) the relationship of the proposal to development on adjoining land or on other land in the locality, including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

(p) whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;

(q) the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

(r) whether public transport services are necessary and, if so, whether they are available and adequate for the proposal;

(s) whether public utility services are available and adequate for the proposal;

(t) whether adequate provision has been made for access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);

(u) whether adequate provision has been made for access by disabled persons;

(v) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

(w) whether the proposal is likely to cause soil erosion or land degradation;

(x) the potential loss of any community service or benefit resulting from the planning approval;

(y) any relevant submissions received on the application;

(z) any recommendations received from a local government under clause 36(3);

(za) consultations under clause 39(1); and

(zb) any other planning consideration the Commission considers relevant.

41. Determination of applications

In determining an application for planning approval the Commission may —

(a) grant its approval with or without conditions; or

(b) refuse to grant its approval.

42. Form and date of determination

(1) As soon as practicable after determining an application, the Commission is to give notice of the determination to the applicant in the form of Form 3 in Schedule 1.

(2) The date of the determination is the date specified in the notice.

(3) If the Commission refuses an application for planning approval the Commission is to give reasons for its refusal.

43. Term of planning approval

(1) If the Commission grants planning approval for the development of land —

(a) the development approved is to be substantially commenced within 2 years, or such other period as is specified in the approval, after the date of the determination; and

(b) the approval lapses if the development has not substantially commenced before the expiration of that period.

(2) A written request may be made to the Commission for an extension of the term of planning approval at any time prior to the expiry of the approval period under subclause (1).

44. Temporary planning approval

If the Commission grants planning approval, the Commission may impose conditions limiting the period of time for which the approval is given.

45. Scope of planning approval

Planning approval may be granted —

(a) for the development for which the approval is sought;

(b) for that development, except for a specified part or aspect of that development; or

46. Approval subject to later approval of details

(1) Where an application for planning approval is for a development that includes the carrying out of any building or works, the Commission may grant approval subject to matters requiring the subsequent planning approval of the Commission. These matters may include the siting, design and external appearance of the buildings, means of access, landscaping and such other matters as the Commission thinks appropriate.

(2) In respect of an approval requiring subsequent planning approval, the Commission may require such further details as it thinks appropriate prior to considering the application for subsequent planning approval.

(3) Where the Commission has granted approval subject to matters requiring the later planning approval of the Commission, an application for approval of those matters must be made not later than 2 years after the date of the determination of the first approval, or such other period as is specified in the first approval.

47. Deemed refusal

(1) Subject to subclause (2), an application for planning approval is deemed to have been refused if a determination in respect of that application is not given to the applicant by the Commission within 60 days of the receipt of the application by the Commission, or within such further time as is agreed in writing between the applicant and the Commission.

(2) An application for planning approval which is the subject of a notice under clause 37 is deemed to be refused where a determination in respect of that application is not given to the applicant by the Commission within 90 days of the receipt of the application by the Commission, or within such further time as is agreed in writing between the applicant and the Commission.

(3) Despite an application for planning approval being deemed to have been refused, the Commission may issue a determination in respect of the application at any time after the expiry of the period referred to in subclause (1) or (2), as the case requires, and that determination is as valid and effective from the date of determination as if it had been made before the period expired.

48. Application for review

An applicant aggrieved by —

(a) the exercise of a discretionary power by the Commission under the Scheme in respect of the application; or

(b) a decision of the Commission not to transfer land from the Urban Deferred zone to the Urban zone; or

may apply to the State Administrative Tribunal for a review under the Planning and Development Act 2005 Part 14.

[Clause 48 amended: Gazette 9 May 2014 p. 1429.]

Part 9 — Enforcement and administration

49. Compensation

(1) A claim for compensation for injurious affection may be made under the Planning and Development Act 2005 Part 11.

(2) A claim for compensation for injurious affection to land or property other than reserved land is to be lodged at the office of the Commission within 6 months of the date of publication in the Gazette of notice of the approval of the Scheme or the amendment by which the land or property is injuriously affected.

(3) A claim for compensation is to be in the form of Form 4 in Schedule 1.

(4) If compensation for injurious affection is claimed as a result of the operation of the provisions of the Planning and Development Act 2005 section 174(1) the Commission may at its option elect to acquire the land so affected instead of paying compensation.

50. Powers of the Commission

(1) The Commission in implementing the Scheme has the power to enter into an agreement with any owner, occupier or other person having an interest in land affected by the provisions of the Scheme in respect of any matters pertaining to the Scheme.

(2) A person authorised in writing by the Commission may, at all reasonable times and with such assistance as may be required, enter any building or land in the region for the purpose of ascertaining whether the provisions of the Scheme are being observed.

51. Person must comply with provisions of Scheme

A person must not —

(a) contravene the provisions of the Scheme;

(b) use a building or commence or continue to carry out any development within the region otherwise than in accordance with —

(i) the Scheme; and

(ii) any conditions imposed upon the grant of any approval under the Scheme in respect of the use or development.

52. Environmental conditions

(1) Environmental conditions incorporated into the Scheme or an amendment to the Scheme are set out in Schedule 2.

(2) Where appropriate, the environmental conditions are indicated on the Scheme Map by the symbol EC to indicate that environmental conditions apply to the land.

(3) The Commission is to —

(a) maintain a register of all relevant statements published under the Environmental Protection Act 1986 sections 48F and 48G; and

(b) make the statements available for public inspection at the offices of the Commission.

53. Certificates

(1) The Commission may, on payment of the relevant fee set under the Planning and Development Act 2005 section 20, issue a certificate in the form set out in Schedule 3 in respect of any land, stating the manner in which it is affected by the Scheme and the purpose, if any, for which the land is reserved under the Scheme.

[(2) deleted]

[Clause 53 amended: Gazette 1 Jun 2012 p. 2285.]

Schedule 1 — Forms

Form 1

Form of Application for Planning Approval

[cl. 34]

Greater Bunbury Region Scheme

Owner details
Name:
Address:
Postcode:
Phone: (home):
(work): Fax:
(mobile): E‑mail:
Contact person:
Signature: Date:
Signature: Date:
The signature of the owner(s) is required on all applications. This application will not proceed without that signature.
Applicant details
Name:
Address:
Postcode:
Phone: (home):
(work): Fax:
(mobile): E‑mail:
Contact person for correspondence:
Signature: Date:
Property details
Lot No.: House/Street No.: Location No.:
Diagram or Plan No.: Certificate of Title Vol. No.: Folio:
Diagram or Plan No.: Certificate of Title Vol. No.: Folio:
Title encumbrances (e.g. easements, restrictive covenants):
Street name: Suburb:
Nearest street intersection:
Existing building/land use:
Description of proposed development and/or use:
Nature of any existing buildings and/or use:
Approximate cost of proposed development:
Estimated time of completion:
OFFICE USE ONLY
Acceptance Officer’s initials: Date received:
Local government reference No.:
Commission reference No.:

Form 2

Notice of Public Advertisement of Planning Proposal

[cl. 37]

Greater Bunbury Region Scheme

Western Australian Planning Commission

The Commission has received an application to use and/or develop land for the following purpose and public comments are invited.
Lot No.: Street: Suburb:
Proposal: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Details of the proposal are available for inspection at the Commission’s office. Comments on the proposal may be submitted to the Commission in writing on or before the.................... day of …………………………………..
Signed:
Dated:
for and on behalf of the Western Australian Planning Commission

Form 3

Notice of Determination of Application for Planning Approval

[cl. 42]

Greater Bunbury Region Scheme

Western Australian Planning Commission

Location:
Lot No.: Plan/Diagram:
Vol. No.: Folio No.:
Application date: Received on:
Description of proposed development: ……………………………………………………………………………………………………………………………………………………………………...
The application for planning approval is:
🞏🞏 granted subject to the following conditions:
refused for the following reason(s):
Condition(s)/reason(s) for refusal: ……………………………………………………………………………………………………………………………………………………………………..
Note 1 If the development that is the subject of this approval is not substantially commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval shall lapse and be of no further effect.
Note 2 Where an approval has so lapsed, no development shall be carried out without the further approval of the Commission having first been sought and obtained.
Note 3 If an applicant is aggrieved by this determination there is a right of review under the Scheme clause 48*.* An application for review must be made in accordance with the State Administrative Tribunal Rules 2004.
Signed:
Dated:
for and on behalf of the Western Australian Planning Commission

Form 4

Claim for Compensation for Injurious Affection

[cl. 49]

Greater Bunbury Region Scheme

To the Western Australian Planning Commission:

Owner details*
Name:
Address:
Postcode:
Phone (home):
(work): Fax:
(mobile): E‑mail:

[*If the claim is made under the Planning and Development Act 2005 section 177(1)(a), the details are to be those of the owner of the land at the date of reservation or alteration of the reservation, as the case requires.

If the claim is made under the Planning and Development Act 2005 section 177(1)(b), the details are to be those of the owner of the land at the date of the application for approval to carry out development.]

Contact person:
Signature: Date:
Signature: Date:
The signature of the owner(s) is required on all applications. This application will not proceed without that signature.
Details of property in respect of which claim for compensation for injurious affection is made
Lot No.: House/Street No.: Location No.:
Diagram or Plan No.: Certificate of Title Vol. No.: Folio:
Diagram or Plan No.: Certificate of Title Vol. No.: Folio:
Title encumbrances (e.g. easements, restrictive covenants):
Street name: Suburb:
Nearest street intersection:
Existing building/land use:
Description of proposed development and/or use:
Nature of any existing buildings and/or use:
State reasons for the claim that the property has been injuriously affected
State amount of compensation claimed
The amount of compensation claimed is:
which is made up as follows:

Schedule 2 — Environmental Conditions

[cl. 52]

Management Plans

The following Environmental Management Plans may be required in accordance with the specifications set out in Attachment 1 in the Minister for the Environment’s “Statement that a Scheme may be Implemented” No. 000697 published on 31 October 2005, and shall be subsequently implemented in accordance with the provisions of the Management Plans, to the satisfaction of the Western Australian Planning Commission —

(a) Environmental Management Plans for schemes, subdivisions and developments which impact on Regional Open Space in the scheme, Crown conservation or nature reserves, a National Park or bushland, waterways, wetlands or other land that may be part of an ecological linkage;

(b) Environmental Management Plans for industrial development within the Kemerton Industrial Area and Special Control Area No. 2;

(c) Drainage, Nutrient and Water Management Plans in areas where the Average Maximum Groundwater Level is less than 1.2 metres below the natural ground surface or where any proposed off-site drainage could lead to degradation of wetlands or waterways; and

(d) Acid Sulfate Soil Management Plans where the presence of acid sulphate soils is confirmed or there is likely to be a significant risk of disturbing acid sulphate soils.

Biological Survey

As part of a scheme amendment or application to subdivide or develop land which has the potential to impact on regionally significant native remnant vegetation or native fauna, the Western Australian Planning Commission or local government, as the case requires, may require a biological survey, including a search for Declared Rare Flora and Fauna, Priority Flora, Threatened Flora Communities and Threatened Fauna, to be undertaken.

The biological survey shall be undertaken to the satisfaction of the Western Australian Planning Commission or local government, as the case requires, having due regard for advice from relevant government agencies, and shall be taken into account when considering the rezoning and subsequent subdivision and development applications.

Provision of Environmental Offsets

Prior to construction of the Port Access Road and Bunbury Outer Ring Road, an environmental offset strategy shall be prepared to mitigate unavoidable impacts on wetlands and native vegetation associated with the Port Access Road and Bunbury Outer Ring Road to the satisfaction of the Western Australian Planning Commission on advice of the Environmental Protection Authority. With respect to the Port Access Road, the strategy shall include a foreshore management plan for the Ferguson River in the vicinity of the road. With respect to the Bunbury Outer Ring Road, the strategy shall include rehabilitation of the strip of land adjacent to the road in the vicinity of Lot 15 North Boyanup Road (South Western Highway) and design of the intersection with the Australind Bypass to minimize impacts on environmental values of the area.

Schedule 3 — Certificate

[cl. 53]

Greater Bunbury Region Scheme

Scheme Certificate

In accordance with the Greater Bunbury Region Scheme clause 53 the following information is furnished in respect of:‑

Location: ........................................................................................................……

Lot No. : ........................................... Plan/Diagram No. : ……………….……....

Vol No. : ............................................. Folio No. : ………………………………

……………………………………………………………………………………

Notes

1 This is a compilation of the Greater Bunbury Region Scheme and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Greater Bunbury Region Scheme	17 Oct 2007 p. 5555‑601	17 Oct 2007
Greater Bunbury Region Scheme Amendment No. 0009/57	9 Apr 2010 p. 1363	9 Apr 2010
Region Planning Schemes Amendments Instrument 2012 Pt. 3	1 Jun 2012 p. 2284‑5	1 Jun 2012
Greater Bunbury Region Scheme Amendment 0020/57	7 Jun 2013 p. 2152-3	7 Jun 2013
Greater Bunbury Region Scheme Amendment 2013	9 May 2014 p. 1428-9	2 Apr 2014 (see cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

artificial waterway 2(2)

EP department 2(2)

local government 2(2)

non‑conforming use 29(2)

region 2(2)

reserved land 2(2)

reserved land owned by or vested in a public authority 2(2)

SCA No. 1 2(2)

SCA No. 2 2(2)

SCA No. 3 2(2)

SCA No. 4 2(2)

Scheme 2(2)

State forest 2(2)

State Planning Framework 2(2)

Western Australia

Planning and Development Act 2005

Greater Bunbury Region Scheme

Western Australia

Greater Bunbury Region Scheme

Contents

Part 1 — Preliminary

Citation 1
Definitions 1
Application of Scheme 2
Contents of Scheme 2
Purposes of Scheme 2
The aims of the Scheme 3
Scheme prevails over inconsistent local planning scheme 4

Part 2 — State Planning Framework

Scheme determinations to conform with particular provisions of the State Planning Framework 5

Part 3 — Reserved lands

Reserves 6
Purposes of reserves 6

Part 4 — Zones

Zones 7
Purposes of zones 7
Change of zone by resolution 8

Part 5 — Special control areas

Division 1 — Operation of special control areas

Operation of special control areas 9

Division 2 — Water Catchments

Purposes — SCA No. 1 9
Planning requirements — SCA No. 1 10
Consultation 10

Division 3 — Kemerton Industrial Zone Buffer Area

Purposes — SCA No. 2 11
Planning requirements — SCA No. 2 11
Consultation 12

Division 4 — Glen Iris Service Corridor Buffer Area

Purposes — SCA No. 3 12
Planning requirements — SCA No. 3 12
Consultation 13

Division 5—Wastewater Treatment Plant Odour Buffer Areas

24A. Purposes—SCA No. 4 13

24B. Planning requirements—SCA No. 4 14

24C. Consultation 14

Part 6 — Development of land

The Scheme organises land at three levels: reserved lands, zones, and Special Control Areas. Reserved lands are lands set aside for public purposes shown on the Scheme Map (clause 9) and are defined by specified purposes such as Regional Open Space, Primary Regional Roads, Railways and Port Installations (clause 10). Zones are the primary classification for land uses, with defined zone types including Urban, Urban Deferred, Regional Centre, Industrial, Industrial Deferred, Rural and Private Recreation (clause 12). Urban Deferred and Industrial Deferred operate as holding categories for future development pending resolution of servicing or environmental requirements; the Commission may transfer land from deferred to active zones by resolution (clause 13).

Special Control Areas (SCAs) are overlay controls that operate in addition to underlying zones and reserves (clause 14(2)). There are four SCAs: SCA No. 1 (Water Catchments), SCA No. 2 (Kemerton Industrial Zone Buffer), SCA No. 3 (Glen Iris Service Corridor Buffer) and SCA No. 4 (Wastewater Treatment Plant Odour Buffer) (clause 14(1), 24A). Each SCA sets out its purposes and prescribes planning requirements; for instance, SCA No. 1 requires regard to State Planning Policy No.2.7 and consultation with the EP department on matters affecting public drinking water sources (clauses 15-17). SCA No. 2 and No. 3 prescribe classes of uses that are not permitted within the buffer areas, including residential accommodation, hospitals and schools, and require the Commission to have regard to compatibility with the industrial or infrastructure uses they buffer (clauses 18-22). SCA No. 4 requires consideration of whether development would suffer from odour impacts or could jeopardise the operation or ultimate capacity of wastewater treatment plants, and requires comment from Water Corporation (clauses 24A-24C).

Development control is split between permitted works, works requiring Commission approval, and delegated approvals. For reserved land, a catalog of permitted development exists, including minor works such as internal building works, demolition, boundary fences, certain jetties in artificial waterways and works by public authorities for specified infrastructure (clause 25). Notably, public authorities can use reserved land without Commission approval if the use is for the purpose for which the land is reserved or for any purpose for which the public authority may lawfully use the land (clause 26). The Commission may also require planning approval for specified development on zoned land by resolution (clause 27). Clause 28 creates a mechanism where a local government, exercising a delegation from the Commission, is deemed to have made the same determination under the Scheme if it determines a concurrent local planning scheme application; the Commission nonetheless retains the power to exercise decision making under its delegation.

Procedurally, the Scheme imposes requirements for applications: Form 1 signed by the owner, detailed plans at no less than 1:500 and any specialist studies the Commission requires (clauses 34-35). The local government is the first point of lodgement and acts as a conduit and recommending body to the Commission (clause 36). The Commission has powers to consult with public authorities and must consult authorities on reservations and specified SCAs (clauses 17, 20, 23, 24C, 39). Decisions can be conditional, temporary, or subject to later approval of details (clauses 41, 44, 46). Time limits apply to substantial commencement of approved development (clause 43), and applications are subject to deemed refusal rules if determinations are not provided within set timeframes (clause 47). An applicant aggrieved by discretionary exercise or by certain zoning transfer refusals has a right of review to the State Administrative Tribunal (clause 48).

The Scheme embeds environmental controls and processes. Environmental conditions and management plans are specified in Schedule 2 and apply where indicated on the Scheme Map by the symbol EC (clause 52). Schedule 2 requires environmental management plans, biological surveys where remnant vegetation or fauna may be affected, and environmental offset strategies for major road projects such as the Port Access Road and Bunbury Outer Ring Road. The Commission must maintain a register of relevant statements made under the Environmental Protection Act 1986 and make them available for inspection (clause 52(3)).

Enforcement and administration powers include the Commission’s ability to enter into agreements with landowners on matters relating to the Scheme (clause 50(1)), entry powers for authorised persons to ascertain compliance (clause 50(2)), and a prohibition on contravening the Scheme or developing contrary to it or to imposed conditions (clause 51). Compensation for injurious affection is provided under the Planning and Development Act 2005 Part 11, with a six‑month lodgement deadline in respect of claims arising from the approval or amendment of the Scheme (clause 49).

Primary decision maker and administer: the Western Australian Planning Commission (the Commission) is the governing body that determines Scheme approvals, maintains registers and issues certificates (clauses 4, 38, 50, 53). The Scheme imposes duties, decision rights and consultation obligations on local government. All applications must be lodged with the local government for forwarding to the Commission (clause 36(1)-(2)). Local governments have a prescribed role as recommenders within 42 days, and may exercise delegated powers from the Commission to determine applications under the Scheme, creating a deemed determination framework (clause 36(3), clause 28).

Landowners in the Greater Bunbury Region are directly affected. The Scheme covers the City of Bunbury, the Shire of Capel, the Shire of Dardanup and the Shire of Harvey (clause 3). Owners of reserved land face development gatekeeping since development on reserved land requires Commission approval except for listed permitted development or where a public authority has specified powers (clauses 24-26). Owners of land within SCAs face use restrictions and planning tests that may make certain sensitive uses non‑permitted (clauses 15-24C). Owners of land within deferred zones,Urban Deferred or Industrial Deferred,face the risk that a Commission resolution may move the land into active Urban or Industrial zones; conversely, they may seek a resolution to uplift a deferred zone (clause 13).

Applicants and developers are subject to documentary and procedural burdens: owner signatures on Form 1 are mandatory (clause 34); substantial technical plans at 1:500 and possibly specialist studies such as traffic, heritage, environmental or engineering reports are required (clause 35). Applicants must also factor in Commission advertising and public submissions where the Commission decides notice is required (clause 37). Time entitlements and risk of deemed refusal exist if the Commission does not determine applications within 60 days, or 90 days where advertising under clause 37 occurs, unless a written agreement to a longer period is in place (clause 47).

Public authorities and statutory agencies are consultees and potential implementers. The EP department, the department responsible for mining, and the Water Corporation are expressly named consultees for relevant SCAs and must be consulted before determination (clauses 17, 19(2)(c), 20, 22(2)(c), 23, 24B, 24C). Public authorities also benefit from carve‑outs: works by a public authority for roads, ports, water and wastewater services, electricity and gas, and other specified infrastructure on reserved land do not require Commission approval (clause 25(f)) and public authorities may use reserved land without approval if used for the reserved purpose or any lawful purpose of the authority (clause 26).

Other stakeholders include potential claimants for compensation where injurious affection arises from a reservation or amendment of the Scheme. Such claimants must lodge a Form 4 claim within six months of Gazette publication of the Scheme approval or amendment that injuriously affects the land (clause 49(2)-(3)). The Commission may elect to acquire land affected under the Planning and Development Act 2005 s174(1) instead of paying compensation, per clause 49(4).

Finally, the Scheme affects third parties who rely on the Scheme Map and registered environmental conditions. Environmental regulators and bodies that produce statements under the Environmental Protection Act 1986 will have their statements registered and available at the Commission’s offices (clause 52(3)). The Scheme’s operation therefore creates interdependencies across planning, environmental approvals and infrastructure agencies.

Who decides and who must act. The Commission is the principal decision maker with powers to determine planning approvals, impose conditions, amend or revoke approvals before commencement, maintain registers and enter into agreements with affected owners (clauses 38, 41, 30, 50, 52(3)). The Commission must have regard to the State Planning Framework where relevant unless inconsistent with the Scheme (clause 8), and in determining applications it must consider the matters listed in clause 40, including aims of the Scheme, State planning policies, environmental protection policies and submissions, though the list is expressed as matters the Commission is to have regard to in its opinion are relevant (clause 40).

Applicant obligations. An applicant must file an application on Form 1 signed by the owner (clause 34), provide plans at specified scale with information on site layout, existing and proposed ground levels, structures, use, access, car parking, loading areas, landscaping and proposed hours (clause 35(a)), as well as plan elevations and sections for buildings (clause 35(b)). The applicant must supply specialist studies the Commission requires, for example traffic, heritage, environmental, engineering or urban design studies (clause 35(c)). If the Commission decides the application requires public notice, the applicant may be required to give notice in one or more prescribed ways (clause 37(1)).

Local government duties. The local government must forward any application lodged with it to the Commission within seven days (clause 36(2)). It may make recommendations within 42 days of receipt, or within a longer period the Commission allows (clause 36(3)). Where delegated to determine an application under the Scheme, the local government’s determination for the local planning scheme can be deemed to be the determination under this Scheme at the same time, subject to conditions specified in clause 28.

Public authority consultation duties. For development in an SCA or on reserved land, the Commission must consult specified authorities. For SCA No.1 consultations with the EP department are required (clause 17). For SCA No.2 and No.3 the Commission is to consult the department principally assisting the Mining Act 1978 and the EP department (clauses 20, 23). For SCA No.4 the Commission is to consult the Water Corporation and give due regard to its recommendations (clause 24C). Additionally the Commission may consult any public authority it considers appropriate (clause 39(1)) and must consult the authority where land is reserved for its purposes before determination (clause 39(2)).

Rights of review and compensation. Applicants aggrieved by discretionary exercise of power or by a decision not to transfer land from Urban Deferred to Urban or Industrial Deferred to Industrial may apply to the State Administrative Tribunal under the Planning and Development Act 2005 Part 14 (clause 48). Claims for compensation for injurious affection are governed by the Planning and Development Act 2005 Part 11 and must be lodged at the Commission within six months of Gazette publication of the Scheme or amendment causing the affectation (clause 49(1)-(3)). The Commission also has an option to acquire land rather than pay compensation in particular circumstances (clause 49(4)).

Enforcement duties. Persons must not contravene the Scheme or use or develop land otherwise than in accordance with the Scheme and any approval conditions (clause 51). The Commission may authorise persons in writing to enter land at reasonable times, with assistance, for the purpose of ascertaining compliance (clause 50(2)). Clause 31 allows the Commission to grant approval for an unauthorised existing development but retains the operation of enforcement and offences in the Planning and Development Act 2005 Part 13 in respect of development commenced or carried out before approval.

Documentation and public information duties. The Commission must maintain a register of EP Act statements and make them available for public inspection (clause 52(3)). It may issue Scheme certificates for a fee in a prescribed form stating how land is affected by the Scheme (clause 53(1) and Schedule 3), and it publishes resolutions and notices in the Gazette where required (clauses 13(2), 27(3)).

The Scheme prescribes compliance obligations and administrative enforcement mechanisms, but it does not itself specify monetary penalties or criminal sanctions in the text reproduced. Instead, the Scheme cross‑references enforcement and compensation mechanisms under the Planning and Development Act 2005 and retains the statutory enforcement framework of that Act.

Primary statutory enforcement mechanism. Clause 51 creates a clear obligation: a person must not contravene the provisions of the Scheme, or use a building or carry out development otherwise than in accordance with the Scheme and any conditions imposed on approvals. That clause articulates the general offence or breach obligation, but the specific penalties for contravention are to be found in the Planning and Development Act 2005 (clause 51 cross‑references the Act). Clause 31(2) preserves operation of the Planning and Development Act 2005 Part 13 in respect of development commenced without approval, indicating that sanctions and remedial powers in that Part remain available where relevant.

Entry and investigation powers. Clause 50(2) empowers a person authorised in writing by the Commission to enter any building or land in the region at all reasonable times, and with such assistance as may be required, for the purpose of ascertaining whether Scheme provisions are being observed. This is an investigatory enforcement mechanism that supports compliance monitoring and may precede remedial action under the principal Act.

Discretionary remedial routes. The Commission may grant planning approval retroactively for unauthorised development (clause 31(1)). Clause 31(3) explicitly states that development unlawfully commenced is not rendered lawful except by the grant of planning approval; if approval is later granted, the continuation of the development becomes lawful from that point. The Commission also has power to revoke or amend planning approvals before commencement on written application by the landowner (clause 30). These provisions create administrative pathways for both regularising and modifying development.

Compensation and acquisition options. Clause 49 establishes that claims for injurious affection are to be made under the Planning and Development Act 2005 Part 11, and sets a six‑month window for claims tied to Gazette publication of the Scheme approval or amendment (clause 49(2)). Clause 49(4) gives the Commission the option to elect to acquire land affected under section 174(1) of the Planning and Development Act 2005 instead of paying compensation. That option creates a remediation or transfer mechanism in lieu of monetary compensation where statutory acquisition is available.

Environmental conditions and compliance. Clause 52 incorporates environmental conditions into the Scheme via Schedule 2. The Commission must maintain a register of statements published under the Environmental Protection Act 1986 sections 48F and 48G and make them available (clause 52(3)). The Schedule mandates environmental management plans, biological surveys and environmental offsets for specified projects. Compliance with these environmental conditions is a pre‑condition to planning approval and to the ongoing lawfulness of some developments, thereby linking Scheme compliance to environmental approval obligations.

Note on penalties. Because the Scheme text refers enforcement and compensation to the Planning and Development Act 2005, users must consult the Act itself for prescribed fines, remedial orders, enforcement notices and criminal sanctions. The Scheme makes non‑compliance an actionable breach under the statutory framework and provides investigatory and administrative remedies, rather than prescribing new criminal penalties within its own text.

The Scheme is expressly designed to operate within and in conjunction with the Planning and Development Act 2005 and various other statutory frameworks and policies. Clause 2(1) states words and expressions used in the Scheme have the same meaning as in the Planning and Development Act 2005, and multiple clauses cross‑reference the Act for procedural and remedial mechanisms, including compensation, enforcement, and review (clauses 2, 24 note, 48, 49). The Scheme prevails over inconsistent local planning schemes to the extent of the inconsistency (clause 7), making it a higher‑order instrument relative to local planning schemes within the region.

State planning policy and the State Planning Framework are explicitly engaged. Clause 8 requires determinations of the Commission to conform with particular provisions of the State Planning Framework insofar as they are not inconsistent with the Scheme. The SCAs incorporate State Planning Policy requirements by name: SCA No.1 invokes State Planning Policy No.2.7: Public Drinking Water Source Policy (clause 15); SCA No.2 and SCA No.4 reference State Planning Policy No.4.1: State Industrial Buffers Policy (clauses 18, 24A). Clause 40 requires the Commission to have regard to any State planning policy and any environmental protection policy approved under the Environmental Protection Act 1986.

Environmental law interplay. The Scheme makes environmental protection statements and environmental management plans an integrated requirement. Clause 52 requires the Commission to maintain a register of relevant statements made under the Environmental Protection Act 1986 sections 48F and 48G. Schedule 2 prescribes the types of environmental management plans and biological surveys that may be required, and Schedule 2 also stipulates provision of environmental offsets for major road projects, to the satisfaction of the Commission on advice of the Environmental Protection Authority. Thus the Scheme ties regional planning approvals to processes and outputs under the EP Act and the EPA’s statements and advice.

Mining and resource legislation. For SCAs related to industrial zones and service corridors, the Scheme requires regard to, and consultation with, the department principally assisting the administration of the Mining Act 1978 (clauses 19(2)(c), 20, 22(2)(c), 23). This creates a procedural intersection with mining and extractive industry regulation where buffer compatibility and off‑site impacts are relevant.

Local laws and heritage regimes. The Scheme requires consideration of local planning schemes and heritage instruments: clause 40 requires the Commission to consider aims and provisions of the Scheme and any other local planning schemes, and clause 40(h) requires conservation considerations where places are entered on the Register of Heritage Places under the Heritage of Western Australia Act 1990 or included in a Heritage List under a local scheme. For reserved land, permitted demolition exceptions exclude buildings on the State Register or subject to heritage orders (clause 25(b)-(c)).

Statutory fees and certificate issuance. Clause 53 empowers the Commission to issue Scheme certificates on payment of the relevant fee set under the Planning and Development Act 2005 section 20. This links the Scheme’s administrative function to the fee setting mechanism in the principal Act.

Judicial and administrative review. Clause 48 provides applicants a right to apply to the State Administrative Tribunal for review under the Planning and Development Act 2005 Part 14 of a discretionary exercise or certain refusals to transfer deferred zones. The Scheme therefore operates within the statutory rights of review and merits review structures established by the Act.

Gazette and publication requirements. Multiple clauses require Gazette publication and notifications, for example a resolution changing deferred zones takes effect on Gazette publication day (clause 13(2)), and notice of Commission resolutions requiring approvals for zoned land must be published in the Gazette and served on each local government (clause 27(3)). That interaction with the Gazette process integrates the Scheme with standard administrative law publication conventions.

In short, the Scheme works as a region‑level statutory instrument that overlays and modulates local planning schemes, aligns with State planning policies and environmental regulation, requires consultation with resource and water agencies, uses the Planning and Development Act 2005 for remedies, fees and review, and invokes Gazette publication for operative changes.

The compilation table appended to the Scheme records the legislative amendments and their gazettal and commencement dates. The original Greater Bunbury Region Scheme was gazetted and commenced on 17 October 2007 (Compilation table). Key subsequent amendments recorded in the compilation table and in marginal notes to the text are:

Greater Bunbury Region Scheme Amendment No. 0009/57, gazetted 9 April 2010 and commencing 9 April 2010; the marginal note shows clause 12 was amended by this Gazette entry (see clause 12 note).
Region Planning Schemes Amendments Instrument 2012 Part 3, gazetted 1 June 2012 and commencing 1 June 2012; the compilation table records this as amending the Scheme and clause 53 was amended in that Gazette (see clause 53 amended note).
Greater Bunbury Region Scheme Amendment 0020/57, gazetted 7 June 2013 and commencing 7 June 2013; marginal notes indicate clause 2 and clause 14 were amended and new SCA No.4 provisions (clauses 24A-24C) were inserted by the Gazette of 7 June 2013 (see bracketed notes at clauses 2, 14 and insertion notices at 24A-24C).
Greater Bunbury Region Scheme Amendment 2013, gazetted 9 May 2014 and stated to have a commencement date of 2 April 2014 (see compilation table footnote cl. 2). Clause 13 was inserted by the 9 May 2014 Gazette entry (note at clause 13), and clause 48 was amended on that date (see clause 12 and clause 48 marginal notes).

Specific textual amendments indicated by bracketed notes in the Scheme include:

Clause 2 was amended on 7 June 2013 to update defined terms (note after clause 2).
Clause 12’s list of zone purposes was amended 9 April 2010 and again 9 May 2014 (note after clause 12).
Clause 14 was amended 7 June 2013 (note after clause 14), the amendment likely reflecting the insertion of the wastewater treatment plant SCA and other editorial updates.
Clause 13 (change of zone by resolution) was inserted on 9 May 2014 (note in clause 13).
Clauses 24A-24C (SCA No.4, Wastewater Treatment Plant Odour Buffer Areas) were inserted on 7 June 2013 (notes at 24A-24C).
Clause 53 was amended 1 June 2012 (note at clause 53).

Schedule updates and references to the Minister for the Environment’s Statement that the Scheme may be implemented are recorded in Schedule 2 where Management Plans are linked to an Attachment 1 of the Statement No. 000697 published 31 October 2005. This ties Schedule 2 environmental requirements back to the Ministerial statement underpinning the Scheme’s environmental management obligations.

The compilation table is the Scheme’s own record of amendments and should be consulted for authoritative dates. Users needing to track precise textual changes, the legislative instrument numbers and the exact content of each amendment should consult the gazetted amendment instruments cited in the compilation table and the Gazette notices referred to in the marginal notes.

The text supplied is the Scheme itself and contains no reference to case law or litigation outcomes. The Scheme provides an internal right of review to the State Administrative Tribunal under the Planning and Development Act 2005 Part 14 for applicants aggrieved by discretionary exercises of power or by particular decisions refusing transfers of deferred zone land (clause 48). It also incorporates the Planning and Development Act’s Part 13 enforcement regime and Part 11 compensation procedures by reference (clauses 31(2), 49(1)).

Because the Scheme document does not list any judicial decisions, orders or appeals, there is no litigation history contained in the source material to summarise or to cite. Practitioners seeking case law on disputes under the Greater Bunbury Region Scheme must consult tribunal and court records for proceedings under the Planning and Development Act 2005, particularly applications to the State Administrative Tribunal under the Act’s Part 14, and enforcement matters under Part 13. The Scheme itself creates procedural avenues for administrative review and remedies, but the document does not record outcomes of those processes or any reported decisions.

There are several provisions likely to catch owners, developers and advisers if they do not read the Scheme closely.

Six‑month compensation window. A claim for compensation for injurious affection to land or property other than reserved land must be lodged at the Commission within six months of the Gazette publication of the Scheme approval or amendment by which the land or property is injuriously affected (clause 49(2)). That is a short, strict time window tied to Gazette publication, not to notice to individual owners, and missing it may foreclose a statutory compensation claim under the Planning and Development Act 2005 Part 11.

Owner signature and formality requirements. An application for planning approval must be made in Form 1 and signed by the owner (clause 34(a)-(b) and Schedule 1 Form 1). The form emphasises that the owner’s signature is required and that an application will not proceed without it. Agents must ensure they have the owner’s signed authority at the time of lodgement to avoid invalidation or delay.

Permit exceptions for public authorities. Many works on reserved land done by public authorities are exempt from Commission approval (clause 25(f)), and reserved land may be used by a public authority without approval if used for the reservation purpose or any lawful authority purpose (clause 26). Private landowners may assume parity with public authorities, but the exemptions are limited to public authorities and to works within specified categories such as Primary Regional Roads, Port Installations and water/wastewater services. Private works that affect reserved land may still need approval even if functionally similar.

Deemed determinations and delegation complexity. Clause 28 creates a deemed determination framework where a local government’s decision under the local planning scheme is deemed to be the Commission’s determination if a simultaneous application under the Scheme was made and the local government has delegated power from the Commission. This creates potential double‑counting and procedural traps. Applicants must ensure they file concurrent applications correctly and that they understand whether a local government holds a delegation from the Commission, because the timing of determinations and the potential for the Commission to override the local government’s deemed decision adds uncertainty.

Deemed refusal time frames. Applications are deemed refused if the Commission does not determine within 60 days (or 90 days where advertising under clause 37 occurs) unless the applicant and Commission agree in writing to a longer period (clause 47). Applicants should manage time and negotiate extensions where project sequencing or consultation will cause delay. A deemed refusal does not prevent the Commission from issuing a determination later, but it creates interim uncertainty.

Resolution power to require approvals for zoned land. The Commission may by resolution require that development on land zoned under the Scheme obtain Commission planning approval before commencement (clause 27). These resolutions must be published in the Gazette and served on local governments (clause 27(3)), but landowners may be unaware of these resolutions until after they have incurred design or construction costs. The Commission’s power to apply such a resolution to all or specified areas or classes of development means developers should check the Scheme Map and Gazette notices regularly.

SCAs exclude common sensitive uses. SCA No. 2 and SCA No.3 expressly prohibit residential accommodation, hospitals and schools within the buffers (clauses 19(1), 22(1)). That is a direct land‑use prohibition rather than merely a discretionary control. Landowners who assume standard mixed‑use potential may find their land cannot lawfully support typical sensitive uses.

Environmental conditions and offset obligations tied to infrastructure projects. Schedule 2 requires environmental management plans, biological surveys and offset strategies for certain projects, and explicitly requires an environmental offset strategy prior to construction of the Port Access Road and Bunbury Outer Ring Road (Schedule 2(3)). These are pre‑conditions to approval and are to the Commission’s satisfaction on advice of the EPA; they can be expensive, time consuming and may require ongoing monitoring obligations.

Public notices and consultation. The Commission may require public notice in a range of forms and the applicant may be required to erect signs or notify nearby owners and occupiers for a minimum 14‑day period (clause 37). The Commission itself decides whether notice is required and in what form (clause 37(1)). Failure to follow the Commission’s directions on notice can result in invalidity or delay.

Continuing uses vs. changes to non‑conforming uses. The Scheme preserves existing lawful uses where land was lawfully used immediately before the Scheme (clause 32), but changes or extensions to a non‑conforming use require Commission approval (clause 29). Landowners may mistakenly proceed on the basis of a grandfathered use without recognising that enlargement, change of building fabric, or change to another non‑conforming use will trigger the approval requirement.

Fees and certificates. Clause 53 ties issuance of Scheme certificates to fees set under the Planning and Development Act 2005 section 20. Applicants should budget for the administrative fees in addition to the cost of plans and specialist reports.

A practical compliance checklist, grounded in the Scheme text, for a developer, owner or adviser operating in the Greater Bunbury Region.

Establish whether the Scheme applies and how. Confirm the land lies within the Greater Bunbury Region as defined in clause 3 and check the Scheme Map (clauses 3-4). Identify the land’s classification: reserve designation, zone and any Special Control Area overlays (clauses 9, 11, 14). Look for the symbol EC on the Scheme Map to see if environmental conditions apply (clause 52(2)).
Confirm whether Commission approval is required. Development on reserved land requires Commission approval except for specified permitted development and public authority works (clause 24-26). For zoned land, check whether the Commission has made a resolution requiring planning approval for development on that category of zoned land (clause 27). If the land lies within an SCA, review the SCA’s prohibited uses and planning requirements (clauses 15-24C).
Prepare the application in the correct form. Use Form 1 in Schedule 1 and ensure the owner signs the application (clause 34 and Schedule 1 Form 1). Failure to obtain the owner’s signature will stop the application from proceeding.
Assemble required documents and plans. Provide plans at not less than 1:500 showing site location, ground levels, existing and proposed structures, uses, access arrangements, car parking and loading areas, storage and landscaping (clause 35(a)). Supply plans, elevations and sections for proposed buildings (clause 35(b)). Be prepared to provide specialist studies the Commission requires such as traffic, heritage, environmental, engineering or urban design reports (clause 35(c)). If environmental or SCA constraints exist, include management plans or biological surveys as required by Schedule 2.
Lodge with the local government. Applications must be lodged with the local government in whose district the land is situated (clause 36(1)). Expect the local government to forward the application to the Commission within seven days (clause 36(2)) and to provide recommendations within 42 days unless the Commission allows a longer period (clause 36(3)).
Anticipate and manage public advertising. The Commission may require advertising by serving notice on nearby owners and occupiers, newspaper publication or erecting signage on site, each for at least a 14‑day period (clause 37(1)). If advertising occurs, the deemed refusal period extends to 90 days (clause 47(2)). Build time buffers into project schedules and consider negotiating a written agreement with the Commission to extend determination timeframes where complex consultation is anticipated.
Engage statutory consultees early. Identify SCAs and reservations that trigger consultation with particular agencies: EP department for SCA No.1 (clause 17); department assisting mining and EP department for SCA No.2 and SCA No.3 (clauses 20, 23); Water Corporation for SCA No.4 (clause 24C). Early engagement can surface environmental, mining or odour constraints and reduce the risk of late objections.
Address environmental conditions and offsets. Where the Scheme Map indicates EC or where Schedule 2 applies, prepare required Environmental Management Plans, acid sulphate soil management plans, drainage and water management plans, biological surveys and, for major roads, environmental offset strategies prior to construction as specified in Schedule 2(1)-(3) and the Ministerial Statement referenced therein. Obtain EPA advice where required and document compliance paths for the Commission.
Monitor Commission timeframes and remedies. The Commission will issue determinations in Form 3 as soon as practicable after it has considered local government recommendations and any advertisement period (clause 38 and clause 42). Note the term of approval requirement to substantially commence within two years unless a different period is specified and that written requests for extensions can be made prior to expiry (clause 43). If the application is deemed refused by the statutory timeframe, the Commission may still determine the application later (clause 47(3)). If dissatisfied, an applicant may seek review by the State Administrative Tribunal under the Act (clause 48).
For works by public authorities or on reserved land, check exemptions and authorisations. Public authorities have explicit exemptions for certain types of works on reserved land (clause 25(f)) and may use reserved land for the reserved purpose without approval (clause 26). However, ensure the proposed public works fall within the enumerated categories. In cases of uncertainty, consult the Commission before commencing works.
If land is in a deferred zone, monitor Commission resolutions. The Commission may transfer land from Urban Deferred to Urban or Industrial Deferred to Industrial by resolution that takes effect on Gazette publication (clause 13). Owners wanting a transfer should make representations to the Commission; prospective developers should watch Gazette notices and Commission resolutions.
Protect compensation rights. If an amendment or the Scheme approval injuriously affects land, lodge a claim on Form 4 within six months of Gazette publication (clause 49(2)-(3)). Seek legal advice promptly to preserve rights under the Planning and Development Act 2005.
Maintain records and seek certificates where needed. The Commission may issue a Scheme certificate stating how land is affected for a fee set under the Planning and Development Act 2005 s20 (clause 53). Certificates can be useful due diligence documents for transactions and financing.
Plan for enforcement and compliance monitoring. Expect the Commission to exercise entry powers for compliance checks (clause 50(2)). Maintain documentation evidencing compliance with planning approval conditions and environmental management plans. If non‑compliance has occurred, explore regularisation routes because the Commission can grant approval for unauthorised existing development (clause 31), but it also preserves enforcement under the Planning and Development Act 2005.

Following these steps, and referencing the specific clauses indicated, will position applicants and advisers to satisfy the Scheme’s procedural and substantive requirements and to reduce exposure to time‑limited rights and unexpected constraints.

Deep Dive

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