Metropolitan Redevelopment Authority Regulations 2011

The regulations rely on a small set of recurring concepts that structure how the redevelopment regime operates. Core definitional items appear at regulation 3 and are used throughout the instrument.

• Redevelopment area and relevant plan: Each redevelopment area is defined by reference to a plan certified by the Minister and held at the Authority (see rr 10-13, 10A and Schedules 1-4). The regulations declare specific areas to be redevelopment areas, give them names and provide guidance plans in schedules. The term relevant plan is defined contextually for each redevelopment area (for example r 10(1), r 11(1)).

• Development and exclusions: The regulations specify many works, acts and activities that do not constitute development for the purposes of the Act’s definition of development (Part 2, rr 4-9). These exclusions cover minor and temporary works (r 5), subdivision works necessary for compliance (r 6), certain uses and public works by the Authority (r 8) and a range of domestic or low‑impact building works (r 9). However the exclusions explicitly limit operations in respect of heritage places (r 4).

• Heritage: The regulations define heritage place and heritage precinct by reference to redevelopment schemes, heritage inventories and the Register of Heritage Places (r 3). They place a qualification on the exclusions from development in heritage places: an exclusion does not cover works affecting a heritage place unless the work is undertaken by or on behalf of the Authority and in accordance with a conservation plan prepared in consultation with the Heritage Council (r 4).

• Application categorisation by cost: The regulations classify development applications as standard or major according to the Authority’s opinion of the estimated cost, using a $7 million threshold (r 15). That classification is procedural; it determines filing requirements and likely processing intensity.

• Application content and electronic lodgement: The regulations prescribe the number and type of plans and statements that must accompany applications (rr 16-19), the permitted content and format (metric measurements, legibility, scales, A3 requirement), and a simplification where documents are lodged electronically (r 20). The content requirements include urban design impacts, privacy and overshadowing, transport impacts, non‑compliance explanations and heritage effects (r 18).

• Fees, additional costs and disputes: The regulations authorise the Authority to impose fees for an enumerated set of services (r 29 and Schedule 5). For structure plan and scheme amendment work the Authority must provide an estimate of staff hours and total fee and the regulations prescribe upper limits on hourly rates for specified staff roles (r 30(2)-(3)). Applicants can be required to pay additional costs for advertising, assessments, specialist advice and technical resources (r 31). Fee disputes can be referred to a Fees Arbitration Panel, whose decisions are final (rr 33-37).

• Authority governance inputs: The regulations prescribe persons to whom the Authority may delegate (r 24), set a dollar threshold for when the Minister must be involved in land value decisions (r 25), and stipulate the contents and forecast periods for business plans (4 years) and operational plans (one year), including financial statements prepared to Australian Accounting Standards (rr 26-27).

• Remedies and review: The regulations provide for administrative review avenues limited in scope. Applicants can seek a review in the State Administrative Tribunal of decisions under the amendment-to-approval regime (r 23), and fee disputes can be referred to the Fees Arbitration Panel (r 33). The regulations also set out procedural protections when land leaves a redevelopment area so that lawful uses and development being undertaken immediately before removal are preserved (r 14B).

Together these concepts turn higher‑level policy objectives stated in the Act and r 14 (objectives of redevelopment areas at r 14) into operational rules that govern how land development, assessment, charging and decision‑making activities are to be conducted inside the declared redevelopment areas.

Primary affected parties are applicants for development approvals inside a declared redevelopment area, the Metropolitan Redevelopment Authority (the Authority), owners and occupiers of land within redevelopment areas, local governments, and the Heritage Council. Secondary affected parties include utility service providers, public authorities carrying out minor works, developers, consultants preparing applications, and those engaged in property transactions that require zoning certificates or property settlement questionnaires.

• Applicants and developers: Anyone seeking development approval inside a declared redevelopment area must comply with the prescribed application form and content rules (r 16), submit specified plans and statements (rr 17-19), pay the relevant fee (r 16, Schedule 5), and may be required to meet additional costs for advertising, specialist assessments and technical resources (r 31). Applicants are also criminally liable if they make a knowingly false statement or omit relevant information in connection with an application (r 39).

• The Authority: The regulations allocate procedural powers and administrative duties to the Authority. The Authority decides whether an application is standard or major by reference to its own estimated cost (r 15); may request further information (r 21); may charge fees and require payment before proceeding with structure plan or scheme amendment work (r 30(5)); may designate certain minor works as not constituting development where it or the Crown carries them out (r 8); and must prepare business plans and operational plans with prescribed content and forecast periods (rr 26-27). The Authority also has the power to delegate to a number of named officials and persons (r 24).

• Local governments and public authorities: Regulation 5 expressly excludes certain works by public authorities and local governments from constituting development, for example erection of traffic signs or maintenance works (r 5(a), (c)). The chief executive officer of a local government is among persons to whom the Authority may delegate (r 24(d)). The Western Australian Local Government Association nominates a member for Fees Arbitration Panels (r 35(1)(b)).

• Heritage Council: The Heritage Council is named in definitions and consultation roles. Works affecting a heritage place are excluded from the general exclusions unless performed by the Authority and in consultation with the Heritage Council and in accordance with a conservation plan (r 4). For applications affecting a place entered on the Register of Heritage Places, the applicant must include a statement about the effect on heritage values (r 18(2)(f)).

• Financial stakeholders and purchasers: Fees and charges apply to a range of services , determining development applications, subdivision clearances, zoning certificates and written planning advice (Schedule 5). The doubling penalty for fees where development has commenced (Schedule 5 item 2) imposes a direct financial consequence on applicants who start work before obtaining approval. Property settlement processes interact with the regime via a specified fee for replying to property settlement questionnaires (Schedule 5 item 9) and preservation of lawful uses where land is removed from a redevelopment area (r 14B).

• Dispute participants and panel members: Parties to fee disputes are affected by the Fees Arbitration Panel procedures. Panels are appointed by the Minister and include a departmental officer, a WALGA representative and an industry representative (r 35). Panel decisions are final (r 33(3)), which affects the dispute resolution alternatives available to applicants and the Authority.

Who ultimately pays and who decides are central. Applicants pay fees and additional costs (rr 29-31, Schedule 5). The Authority decides classification of applications, whether to request further information, whether to refuse or approve amendment applications (r 22), and what hourly rates to charge within prescribed caps (r 30(3)). The Minister and Treasurer have oversight inputs: the Minister certifies relevant plans for redevelopment areas (rr 10-13), appoints Fees Arbitration Panel members (r 35), and can issue written directions that affect business and operational plan content (rr 26(3)(f), 27(4)). These allocations of payment responsibilities, decision rights and oversight shape the incentives for applicants, public authorities and private developers within redevelopment areas.

The regulations distribute specific duties and rights among applicants, the Authority, the Minister, panels, and other prescribed persons. Below are the principal duties and rights with direct regulatory citations.

Duties placed on applicants and landowners

• Use the approved form and pay the relevant fee when lodging development applications (r 16). The authority-prescribed form also determines required supporting material (r 19).

• Provide at least four sets of plans and statements unless lodging electronically in which case one set will suffice (rr 17-20). Plans must be legible, metric, and drawn to an appropriate scale with specified dimensions (r 17(2)-(3)).

• Include specified statements about impacts (appearance, views, privacy, operation, transport) and reasons where development does not comply with scheme requirements (r 18).

• Provide a copy of the certificate of title and any other material required by the approved form (r 19).

• Respond to requests for further information from the Authority (r 21).

• Pay fees and additional costs for advertising, specialist assessments, consultation and technical resources when incurred or estimated (rr 29-31).

• Ensure accuracy and completeness in materials supplied; knowingly false statements or omission of relevant information are offences attracting fines (r 39).

Rights and entitlements of applicants

• Right to be given an itemised account of fees imposed under certain regulations on request (r 32).

• Right to have a fee dispute determined by a Fees Arbitration Panel and to have the Panel order a refund where appropriate; the referral does not suspend provision of the service or the payment obligation (r 33).

• Right to seek review in the State Administrative Tribunal of an Authority decision under regulation 22 relating to amendment of a development approval (r 23), including treating failure to decide within 90 days as a refusal (r 23(2)).

Duties and rights of the Authority

• Right to classify applications as standard or major based on the Authority’s opinion of estimated cost (r 15). That classification is an exercise of administrative judgement.

• Duty to require prescribed materials and to ask for further information to enable a decision (rr 17-21).

• Right to refuse to deal with structure plan or scheme amendment requests until estimated fees are paid (r 30(5)).

• Right to decide applications to amend an approval (r 22), including to give notice of such applications to persons mentioned in section 64(1) of the Act and to have regard to the matters in s 66(1) (r 22(3)-(4)).

• Duty to decide applications to amend approvals within 90 days, give written notice of decisions (r 22(6)-(8)), and to observe any limitations about extending substantial commencement periods unless expressly decided (r 22(9)).

• Right to impose and collect fees listed in Schedule 5 and to estimate and charge fees for structure plan and scheme amendment work using approved forms and capped hourly rates for staff (rr 29-30).

• Duty to prepare business and operational plans containing specified financial, project and compliance information and to have operational plans tabled in Parliament within 14 days of Minister approval (rr 26-27).

Delegation and governance rights

• Authority may delegate powers to specified persons, including members, local government CEOs, the chief executive of the department principally assisting in the PAD Act, and the WAPC chairperson (r 24).

• The Minister has a role certifying relevant plans for redevelopment areas (rr 10-13) and appoints Fees Arbitration Panel members (r 35). The Treasurer can give directions relevant to business plans (r 26(3)(g)).

Fees Arbitration Panels

• Panels are constituted by ministerial appointment and have final decision‑making power on disputes referred under r 33 (rr 35-37). Panel membership composition is prescribed (r 35(1)) and one member is to be appointed chair (r 35(2)).

Protective provisions

• Where land is removed from a redevelopment area by regulation, lawful uses and developments being undertaken immediately before removal day are preserved (r 14B). This preserves incumbent rights and provides certainty to landowners affected by boundary changes.

Collectively, these duties and rights establish a procedural regime where applicants must meet fairly specific documentary, format and fee obligations; the Authority retains wide administrative discretion over classification and process; and there is a constrained set of dispute resolution and review rights available to applicants. The combined effect is a regime that converts the Act’s policy objectives into granular operational obligations and revenue streams while also embedding a limited checks framework (SAT review for amendments and Fees Arbitration Panels for disputes).

The regulations specify a narrow set of penal sanctions and administrative enforcement tools. The criminal offences are limited to conduct in connection with development applications; most enforcement in the regime is administrative and financial rather than criminal.

Criminal offences and fines

• False statements and omissions: Two offences are set out at regulation 39. A person must not, in connection with a development application, make a statement or give information the person knows to be false in a material particular (r 39(1)). Likewise, a person must not omit to supply information or particulars the person knows to be relevant to the application (r 39(2)). Each offence attracts the same prescribed penalty, a fine of $1 000. The regulations do not create further criminal sanctions in Part 7 or elsewhere.

Administrative enforcement and financial consequences

• Fee doubling penalty for commenced development: Schedule 5 item 2 prescribes that where development has commenced or been carried out before the Authority determines the application, the fee payable is the normal fee plus, by way of penalty, twice that fee. This is a financial sanction targeted at unauthorised commencement.

• Refusal to deal pending payment: The Authority may refuse to deal with a request for approval of a structure plan or amendment to a redevelopment scheme until the estimated total fee specified in an estimate is paid (r 30(5)). That is an administrative enforcement lever that denies processing until fees are paid.

• Recovery of additional costs: The Authority may require an applicant to pay estimated or actual additional costs for advertising, specialist assessments, technical resources and consultation (r 31(1)-(2)). If amounts paid in advance are not expended they must be refunded (r 30(6), r 31(3)).

• Itemised accounts and disputes: Applicants may request an itemised account of fees and expenses (r 32). Disputes about amounts payable may be referred in writing to a Fees Arbitration Panel (r 33). Referral does not suspend provision of the service or the payment requirement, but the Panel may order a refund of any part of the fee paid (r 33(2)). The Panel’s decision is final (r 33(3)), which constrains further legal challenge in the absence of other avenues.

Decision timings and deemed refusal

• Time limits for amending approvals: The Authority must decide an application to amend a development approval within 90 days (r 22(6)). If the Authority fails to decide within 90 days, that failure is taken to be a decision to refuse the application for the purposes of SAT review under r 23(2). This creates a statutory trigger for review and an administrative incentive for timely decisions.

Delegation and administrative oversight

• Delegation provisions enable the Authority to authorise members, local government CEOs and senior public servants to exercise functions (r 24). Delegation accelerates administrative decision‑making but also disperses decision responsibility.

• Business and operational plan oversight: The Minister and Treasurer have oversight roles via directions that can affect plan content (rr 26(3)(f), 27(4)). Operational plans must be tabled before Parliament or otherwise dealt with under s 132 (r 27(4)), offering parliamentary visibility and a non‑criminal form of public accountability.

Enforcement contours and practical effect

The regulatory enforcement design therefore mixes modest criminal penalties for dishonesty or omission in application processes with administrative and financial enforcement levers that more directly affect project timing and costs. The civil/administrative levers are likely to be the primary compliance drivers because they directly withhold processing or impose doubled fees, and because the criminal fines are relatively small compared with project values specified elsewhere in the regulations (see Schedule 5, r 15 thresholds). Dispute resolution mechanisms are constrained: fee disputes are final at the Panel level (r 33(3)); review to SAT is specifically linked to amendment applications under r 22 (r 23). The design therefore encourages applicants to comply with documentary and payment requirements at the administrative stage to avoid processing delays or doubled fees.

The regulations operate within a web of cross‑references to the Metropolitan Redevelopment Authority Act 2011 and to other Western Australian statutes and administrative instruments. The text of the regulations embeds multiple interactions that shape jurisdictional boundaries, procedural overlaps and responsibilities.

Interplay with the Metropolitan Redevelopment Authority Act 2011

• The regulations frequently reference sections of the Act when filling in procedural detail. For instance, the rules about what does or does not constitute development refer to the definition of development in the Act (Part 2, heading). Regulation 24 supplies persons for the purposes of section 14(1)(c) of the Act (delegation). Regulation 25 prescribes an amount for section 18(2) (value of land acquired or disposed of). Regulations 26 and 27 set out requirements for business and operational plans under section 113 of the Act. The redevelopment area objectives in r 14 are provided to satisfy section 30(5)(c) of the Act. The regulations therefore operationalise specific Act provisions rather than create an independent rule set.

Interactions with heritage and conservation law

• The regulations expressly incorporate the Heritage Council and the Register of Heritage Places established under the Heritage of Western Australia Act 1990 (r 3). Regulation 4 conditions exclusions from development in respect of heritage places so that the exclusions do not apply unless the Authority itself carries out the work and does so in consultation with the Heritage Council and in accordance with a conservation plan. Regulation 18(2)(f) requires a statement about the effect of proposed development on the heritage values of a place entered on the Register of Heritage Places. These cross‑references mean heritage obligations under the Heritage of Western Australia Act remain relevant when permitted exclusions or applications are being considered.

Relations with planning and PAD Act frameworks

• The regulations reference the Planning and Development Act 2005 by naming the R‑Codes and by naming the department principally assisting in the administration of the PAD Act for delegation and Fees Arbitration Panel membership (r 3, r 24(e), r 35(1)(a)). Regulation 23 uses the PAD Act Part 14 process to permit review by the State Administrative Tribunal of certain Authority decisions on amendment applications. The practical effect is that certain administrative review and planning coding instruments external to the Authority continue to be relevant and that the PAD Act’s tribunal review mechanism is the statutory channel for particular appeals.

Public Works and local government interactions

• Public work is defined with reference to the Public Works Act 1902 s 2 (r 3). Regulation 5 exempts certain works by public authorities and local governments from constituting development, and r 24(d) allows the chief executive officer of a local government to be a delegate for Authority functions. Local government participation on Fees Arbitration Panels is channelled through WALGA nomination (r 35(1)(b)). Those references coordinate local government roles with the Authority’s administrative processes.

Budgetary and treasury oversight

• Business plans must include statements prepared in accordance with Australian Accounting Standards and must show proposed asset investment expenditure and funding sources (r 26(3)(b), (c)). The Treasurer may give written directions for matters required in business plans (r 26(3)(g)). The Minister similarly may direct content of operational plans or agree content with the Authority (r 26(3)(f), r 27(4)). These provisions link the Authority’s financial planning to standard financial reporting regimes and executive fiscal oversight.

Corporations and market interfaces

• Regulation 38 prescribes how values of shares are to be calculated for “closely associated persons” under s 95 of the Act, including use of ASX closing prices where shares are listed (r 38(3)). This cross‑reference creates an explicit link between public securities markets’ price data and the Authority’s governance rules where conflicts of interest or related party thresholds are relevant.

Effect on property settlement and land law

• Schedule 5 item 9 specifies a fee for replying to a property settlement questionnaire, and r 14B protects certain rights where land is removed from a redevelopment area. These interact with ordinary property conveyancing and subdivision processes governed under land law and planning acts. Subdivision works are treated in regulation 6 and by reference to the subdivision approval process.

In sum, the regulations do not sit in isolation. They weave together the Authority’s administrative procedures with heritage law, planning law, public works rules, financial reporting standards, tribunal review under the PAD Act and market measures for share valuation. Practitioners must therefore manage multiple statutory touchpoints when advising clients or dealing with the Authority, ensuring documents and processes meet the technical requirements of both the regulations and the other statutes referenced.

The regulations have been amended multiple times since their initial publication in December 2011. The compilation table at the end of the instrument provides the formal chronology and commencement dates for each amending instrument. Key changes introduced by amendments and the dates they came into operation are summarised below, grounded in the compilation table and in the text of amended regulations where visible.

• 2011 original instrument: The Metropolitan Redevelopment Authority Regulations 2011 were published 30 December 2011 and, apart from rr 1-2 which commenced on publication, the remaining regulations commenced on 31 December 2011 (compilation table).

• 2013 amendment: Metropolitan Redevelopment Authority Amendment Regulations 2013 (Gazette 30 Aug 2013) , amendment instrument added in the compilation table; specific textual changes are not singled out in the extract but the instrument is recorded.

• 2014 amendment: Amendment Regulations 2014 (Gazette 16 Dec 2014) , recorded in compilation table and footnotes that r 12 was amended (midland redevelopment area relevant plans) (r 12 amended 16 Dec 2014).

• 2016 amendment: Significant changes were made on 16 Dec 2016 (SL 2016) and commenced 17 Dec 2016. Notable insertions and changes included: definitions inserted or updated (r 3 amendments referenced), new regulation 4 addressing heritage place exclusions, amendment of Part 2 exclusions (rr 5-9) and many procedural clarifications (text shows several r 5 and r 9 items inserted at that time). The Gazette references in the margins indicate r 3 and r 4 insertions on that date.

• 2017 amendments: Amendment Regulations 2017 and Amendment Regulations (No. 2) 2017 made further changes recorded in the compilation table (Gazette 7 Feb 2017 and 4 Aug 2017) affecting r 13 (Subiaco redevelopment area) and other provisions.

• 2019 amendment: SL 2019/?? (Gazette 31 May 2019) amended r 10 (Armadale redevelopment area) and is recorded in the compilation table.

• 2020 amendments: There are two 2020 instruments: SL 2020/14 (3 Mar 2020, commenced 4 Mar 2020) and SL 2020/250 (18 Dec 2020, major changes commencing 24 Dec 2020). The 2020 instruments amended schedules and added r 14B (saving of rights where land is removed) and revised redevelopment area plans and wording (see r 12 amendment note and insertion of r 14B). SL 2020/250 inserted Schedule 4 and altered r 13 as noted.

• 2022 amendment: SL 2022/52 (22 Apr 2022, other regs commenced 6 May 2022) made changes including updates to redevelopment area plans and likely insertions to schedules (multiple references to r 10 and r 11 amended).

• 2023 amendment: SL 2023/114 (26 Jul 2023, other regs commenced 9 Aug 2023) inserted regulation 14A which removes land from and causes cessation of the Scarborough redevelopment area on a specified cessation day. The text shows r 14A inserted and later removed by a 2024 instrument (see below).

• 2024 amendments: Two instruments in 2024 are recorded: Lands Regulations Amendment Regulations 2024 Pt. 2 (SL 2024/18, commenced 1 Mar 2024) , this amended r 3 (definition of utility services inserted as noted); and Metropolitan Redevelopment Authority Amendment Regulations 2024 (SL 2024/59, 1 May 2024, other regs commenced 2 May 2024) which inserted a new Bentley redevelopment area (r 10A and Schedule 1A) and updated definitions. The text shows r 10A inserted by SL 2024/59.

Contextual observations grounded in the compilation table and in‑text amendments

• Redevelopment area definitions have been actively adjusted over time. The regulations now explicitly include Armadale, Central Perth, Midland, Subiaco, and Bentley redevelopment areas in the instrument. The Scarborough redevelopment area was the subject of a 2023 insertion and subsequent removal mechanism (r 14A), showing that redevelopment area boundaries and existence are managed by later regulations.

• The 2016 amendments were substantively consequential for Part 2 (exclusions) and heritage interface rules, indicating a policy shift to clarify what does not require development approval and how heritage places are to be treated.

• Fee structures and procedural rules have been adjusted at intervals, as reflected by amendments to Schedule 5 and references in the margins to changes in fees.

When advising clients or running internal compliance processes, practitioners should rely on the consolidated version of the regulations and consult the compilation table for the precise commencement dates of each amendment. The instrument itself provides the authoritative text as of the latest amendment and the compilation table specifies when changes took effect.

The regulations as provided do not cite or list any judicial decisions and the text contains no references to cases or litigation. The statutory review and dispute pathways that the regulations create are administrative rather than judicial in orientation.

Available review mechanisms and their statutory bases

• State Administrative Tribunal (SAT) review: The regulations permit an applicant under regulation 22 (application to amend a development approval) to apply to the State Administrative Tribunal for review in accordance with Part 14 of the Planning and Development Act 2005 (referred to as the PAD Act) (r 23(1)). Regulation 23(2) further provides that a failure by the Authority to decide an application under regulation 22 within 90 days is to be taken as a decision to refuse, which is then reviewable. The regulations therefore create a specific, tribunal‑based review route for amendment applications, not for all development decisions.

• Fees Arbitration Panel finality: Fee disputes under regulation 33 are referred to a Fees Arbitration Panel whose decision is final (r 33(3)). That finality limits administrative appeal options internally; whether judicial review remains available is a question of general administrative law rather than a matter expressly covered by the regulations. The regulations themselves do not address judicial review avenues.

Absence of cited case law in the instrument

• Because the regulations themselves contain no reported litigation or named cases, any statement about litigation precedent must be outside the document. The instrument provides the statutory avenues by which disputes may be heard, but the text does not describe outcomes, case law developments, or interpretive authority. Practitioners should therefore not infer from the regulations that particular approaches have been judicially validated; rather, they should treat the regulations as establishing administrative procedures and rely on external legal research for litigation history or judicial interpretation.

Practical implication for practitioners

• Where a client seeks review of an authority decision under regulation 22, the SAT Part 14 pathway is the statutory route flagged in the regulations (r 23). For fee disputes, the Fees Arbitration Panel is a final administrative tribunal for those disputes (r 33). For wider judicial review questions about administrative fairness, statutory interpretation or legality of actions, the regulations do not specify litigation routes; general access to courts via judicial review principles will depend on broader statutory context and administrative law remedies, which are not addressed in the regulations themselves.

In short, the regulations set out administrative dispute resolution mechanisms and do not report or reference litigation. Any analysis of how courts have dealt with disputes arising under these regulations requires consultation of external case law sources beyond the text of the regulations.

The regulations contain a number of specific provisions that are easy to overlook in practice and that have concrete operational consequences for applicants and advisers. Below are practical pitfalls and consequences tied directly to the text.

Authority discretion over cost classification (r 15)

• The classification of an application as standard or major depends on the Authority’s opinion of the estimated cost, with $7 million as the threshold (r 15). Because that is the Authority’s opinion, applicants should not assume any independent or external cost estimate will bind the Authority. Classification affects processing expectations and possibly fees and assessment pathways.

Heritage exclusion caveat (r 4 and r 9(2))

• Many exclusions from the statutory definition of development do not apply to works affecting a heritage place unless the work is carried out by or on behalf of the Authority and in accordance with a conservation plan prepared by the Authority in consultation with the Heritage Council (r 4). Practitioners cannot rely on general exclusions for minor works where the site is a heritage place unless the Authority itself undertakes the works under the specified conservation plan framework.

Authority public works exclusion cap (r 8)

• The regulation exempts public works carried out by the Authority on land held by the Authority or Crown land if the Authority estimates the value at less than $1 million (r 8(b)). The exemption is subject to the Authority’s valuation. Private parties or local governments cannot assume an exemption will attach to similar works where the Authority is not the responsible party.

Electronic lodgement simplification, but format constraints (r 20, r 17(4))

• Electronic lodgement reduces the number of physical sets required to one set, but the plans must still be capable of reproduction in black and white or a black‑and‑white reproducible version must be lodged (r 17(4), r 20). Colour-only plans that cannot be reproduced in black and white may trigger the need for additional copies or rejection.

Fee doubling and commencement timing (Schedule 5 item 2)

• If development has commenced or been carried out, the applicable fee becomes the fee in item 1 plus, by way of penalty, twice that fee (Schedule 5 item 2). The doubling is automatic in the Schedule and therefore a substantial cost for applicants who begin works prior to obtaining approvals.

Authority’s power to withhold service pending fee payment (r 30(5))

• The Authority may refuse to deal with structure plan, scheme amendment or related requests until the estimated total fee is paid (r 30(5)). For large projects this can stall progress because the Authority decides the staffing hours and determines the estimate.

Hourly rate caps that can still create meaningful costs (r 30(3))

• The regulations cap hourly rates the Authority may use in fee estimates (for example $88/hour for the person in charge of planning, $66/hour for senior planner or manager, etc., r 30(3)). Although capped, those rates applied across many hours will still produce significant fees. Applicants should budget for potentially high total fees even where individual rates are capped.

Fee disputes finality at Panel (r 33(3), r 35)

• A Fees Arbitration Panel’s decision is final (r 33(3)). That finality reduces appeal options inside the statutory fee dispute process. Practitioners should be ready to approach Panel processes with full documentation and expect the Panel’s decision to be conclusive for the purposes of the regulations.

Limited tribunal review scope (r 23)

• The availability of SAT review under the PAD Act is expressly tied to decisions under r 22 (applications to amend development approvals) (r 23(1)). The regulations do not generally provide for SAT review of other Authority decisions; practitioners should not assume a broad right to tribunal review from this instrument alone.

Small criminal fines relative to project value (r 39)

• The maximum fine for making a false statement or omitting relevant information in connection with a development application is $1 000 (r 39). Compared to the fees and project scales addressed elsewhere in the regulations (Schedule 5, r 15 thresholds) and the broader costs of authorisation, the criminal penalty amount may be small, which shapes how enforcement might be prioritised in practice.

Saving of rights when land removed (r 14B)

• Where land is removed from a redevelopment area by regulation, rights to use the land for lawful use and rights to undertake development being lawfully undertaken immediately before removal are preserved (r 14B(3)). Practitioners should not assume redevelopment scheme controls automatically extinguish ongoing lawful uses at removal; the saving provision protects incumbents but is subject to redevelopment scheme non‑conforming use provisions (r 14B(4)).

Closely associated persons thresholds (r 38)

• The prescribed values and percentages for closely associated persons in section 95 contexts are fixed by the regulations (r 38(1)-(2)). These numeric thresholds can trigger disclosure or conflict rules unexpectedly for small shareholders , for example the 1% percentage metric in r 38(2).

These “gotchas” are concrete legal and commercial traps that arise directly from the text. The practical response is to plan for Authority discretion, to assume the Authority’s views (on cost, valuation, and necessity) will drive outcomes, to budget for fees and possible additional consultant or assessment costs, and to ensure heritage screening is undertaken early where applicable.

Compliance under these regulations involves a mix of documentary precision, early engagement with the Authority, budgeting for fees and additional costs, and attention to heritage and delegation interfaces. Below is a practical, stepwise compliance checklist mapped to the relevant regulatory provisions.

1. Determine whether the land is inside a declared redevelopment area

• Check the relevant plan held by the Authority for the redevelopment area: Armadale, Bentley, Central Perth, Midland, Subiaco, and any other declared area (rr 10-13, 10A). Schedules 1-4 provide guidance plans. If a proposed development is on land recently removed from a redevelopment area, verify removal day and apply r 14B for incumbent rights.

2. Screen for heritage status

• Identify whether the land is a heritage place (r 3) or within a heritage precinct. If it is, the exclusions from development in rr 4-9 will not apply unless the Authority is undertaking the work and a conservation plan prepared in consultation with the Heritage Council applies (r 4). For places on the Register of Heritage Places, ensure the development application includes the statement required by r 18(2)(f).

3. Ascertain whether proposed works are excluded from the definition of development

• Review Part 2 exclusions carefully. Minor and temporary works, certain public authority works, subdivision works necessary for compliance, minor domestic works and signage complying with Authority policies may be excluded (rr 5-9). Note the exceptions for heritage places (r 4).

4. Prepare the application in the approved form and pay the fee

• Use the form approved by the chief executive officer (r 16) and pay the relevant fee under Schedule 5. If uncertain about the application’s estimated cost for fee calculation, seek early confirmation from the Authority because the Authority’s opinion determines whether the application is standard or major ($7 million threshold, r 15).

5. Assemble required plans and statements

• Provide the documentary material specified in r 17 (plans) and r 18 (statements). Ensure metrics, scales, dimensions, and A3 black‑and‑white reproducibility requirements are met (r 17(2)-(5)). If lodging electronically, the requirement reduces to one set provided that the electronic files meet the black‑and‑white reproducibility condition (r 20).

6. Include title and any further material required

• Include a copy of the certificate of title (r 19) and any additional material specified in the approved form. Anticipate that the Authority may request further information after lodgement (r 21).

7. Budget for additional costs and deposits

• Expect to pay for advertising, specialist assessments, consultation procedures, technical resources and specialist advice in addition to fees (r 31(1)). The Authority may require payment of estimated costs up front and may refund unspent amounts (r 31(2)-(3), r 30(6)). For structure plan and scheme amendment work, request and review the Authority’s estimate of staff hours and total fees; hourly rates are capped by regulation (r 30(2)-(3)).

8. Avoid commencing works before approval

• Starting development before obtaining approval may trigger the doubling penalty under Schedule 5 item 2. If works have already commenced, expect a doubled fee and ensure documentation explains the circumstances.

9. Use Heritage Council consultation where necessary

• For works affecting heritage places, either ensure the Authority is undertaking the works under a conservation plan or obtain early consultation with the Heritage Council as required by r 4. Include the statement regarding heritage impacts for places entered on the Register (r 18(2)(f)).

10. Keep records and ensure accuracy

• The regulations make false statements and omissions offences (r 39). Maintain accurate documentation and save all communications with the Authority. If the Authority requests further information, respond promptly to avoid deemed refusal consequences in some contexts (r 22/23).

11. If seeking amendments to approvals, follow r 22

• To amend an existing approval apply in the approved form, supply required supporting material, pay the fee in Schedule 5 item 3, and note that the Authority must decide within 90 days (r 22(2), (6)). The Authority must give written notice of decisions to the applicant and relevant persons (r 22(7)). If the Authority fails to decide within 90 days, the applicant may treat that failure as a refusal for purposes of SAT review (r 23(2)).

12. Dispute fees early and use the Panel process

• If a dispute arises about an amount payable for structure plan or similar work (r 30(1)), refer the dispute in writing to a Fees Arbitration Panel (r 33). Note the referral does not suspend provision of the service nor the payment obligation but the Panel can order refunds and its decisions are final (r 33(2)-(3)). Prepare a complete record for Panel proceedings given the finality of decisions.

13. Comply with business and operational plan requirements where applicable

• If advising or preparing business plans, ensure a 4‑year forecast period, financial statements prepared to Australian Accounting Standards, project descriptions, funding sources and confirmation of compliance with Government policy are included (r 26). For operational plans, prepare a one‑year plan with performance targets and planned achievements (r 27).

14. Check delegation and who can decide

• Be aware that the Authority may delegate to members, local government CEOs, the chief executive of the PAD department and the WAPC chairperson (r 24). Identify the decision‑maker early, and where necessary request written confirmation of delegation to confirm who has authority to accept or refuse applications.

15. For property transactions, order zoning certificates and reply to settlement questionnaires

• The Schedule prescribes fees for zoning certificates (Schedule 5 item 7) and for replying to property settlement questionnaires (item 9). Budget for these as part of conveyancing processes.

This compliance roadmap will reduce the likelihood of process delays, fee surprises and administrative refusals. It aligns documentary, fiscal and procedural obligations in the regulations to the practical stages of project design, lodgement, assessment and, if necessary, dispute resolution.