This Act sets out Western Australia’s land‑use planning framework: what counts as a planning scheme, how region, local and improvement schemes are made, amended and consolidated, and how interim orders and approvals control development. It allocates decision powers to the Minister, the Western Australian Planning Commission and local governments and creates inspection, enforcement and penalty mechanisms. Local governments may bear publication and cost‑recovery liabilities (s87(4A); s212(7)), while owners/developers face approval duties, stop/remove directions and fines for non‑compliance (s214–215; s223).
The Planning and Development Act 2005 (WA) is the principal statute governing land use planning and development control across Western Australia. Its purposes under s 3 are to consolidate earlier planning legislation (specifically the Metropolitan Region Town Planning Scheme Act 1959, the Town Planning and Development Act 1928 and the Western Australian Planning Commission Act 1985), to provide an efficient and effective land use planning system, and to promote the sustainable use and development of land in the State.
The Act operates through a layered framework of regional planning schemes, local planning schemes, planning codes, interim development orders, improvement schemes and planning control areas. Development Assessment Panels (DAPs) provide an independent assessment pathway for larger applications. The Western Australian Planning Commission (WAPC) sits at the centre, with local governments, the State Administrative Tribunal and the Minister all playing defined roles.
The Act applies to development as defined in s 4(1): any development or use of land, including demolition, erection, construction, alteration or addition to buildings, carrying out of excavation or works, and (in the case of heritage places) acts likely to change character or external appearance or constituting irreversible alteration of fabric.
Main concepts
Established as a body corporate under s 7. The WAPC prepares regional planning schemes (including the Metropolitan Region Scheme), approves subdivisions, and has enforcement powers. The board of management governs the WAPC. The Minister may give the Commission directions under s 17.
Current sections
Direct links to the current provisions in Planning and Development Act 2005.
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Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Purposes and interpretation of this Act 2
Terms used 3
Crown bound 10
Act does not interfere with public works 10
Part 2
The Western Australian Planning Commission
Part 2 — The Western Australian Planning Commission
Div 1
Establishment and management
Division 1 — Establishment and management
Commission established 12
Status 12
Board of management 12
Membership of board 12
Board’s constitution and proceedings 14
Remuneration and allowances 15
Div 2
Functions and powers
Division 2 — Functions and powers
Introduction to Commission’s role 15
Functions 16
Powers 18
Delegation by Commission 20
Minister may give Commission directions 23
Minister to have access to information 24
Committees of Commission 25
Fees for Commission’s services 26
Div 3
Administration
Division 3 — Administration
Secretary 26
Staff 26
Use of staff and facilities of public authorities 27
Div 4
Miscellaneous
Division 4 — Miscellaneous
Execution of documents 27
Part 3
State planning policies
Part 3 — State planning policies
Statements of planning policy under repealed Act, effect of 29
Preparation and content of State planning policy 29
Matters to be considered when preparing State planning policy 30
Process for preparation and approval of State planning policy 30
Persons and bodies performing functions to have due regard to State planning policies 32
Part 3A
Planning codes
Part 3A — Planning codes
32A. Planning codes 33
32B. Process for preparation and approval of planning code or amendment 33
32C. Effect of planning code 34
Part 4
Region planning schemes
Part 4 — Region planning schemes
Division 1 — Continuation and formulation of region planning schemes
Schemes under repealed Act, effect of 35
Region planning schemes, preparation and content of 35
Commission may resolve to prepare or amend region planning scheme 36
Restrictions on making or amending region planning scheme for metropolitan region 36
Region planning scheme may be amended or repealed 37
Division 2 — Relevant considerations in preparation or amendment of region planning scheme or amendment and requirement to advertise
Referral of proposed scheme or amendment to EPA 38
Environmental review of proposed scheme or amendment 38
Advertising proposed scheme or amendment 40
Commission’s duties if proposed scheme or amendment is to be assessed under EP Act 41
Division 3 — Submission and approval of region planning schemes or amendment other than minor amendments
47A. Region planning scheme or non‑minor amendment to be submitted and approved under this Division 42
Proposed scheme or amendment and public submissions to be submitted to Minister 42
When Minister may submit proposed scheme or amendment for Governor’s approval 43
Minister may direct proposed scheme or amendment to be republicised 43
Modifications to proposed scheme or amendment, procedure on 44
Approval of Governor 44
Publicising approved scheme or amendment 44
Revoking approval of scheme or amendment 45
Parliament may disallow scheme or amendment 46
Division 4 — Submission and approval of minor amendments to region planning schemes
56A. Term used: minor region planning scheme amendment 47
Proposed minor amendment may be submitted and approved under this Division 47
Minister not to approve proposed minor amendment in some cases 48
Minister may approve or decline to approve minor amendment 48
Div 4A
Withdrawal of region planning scheme or amendment
Division 4A — Withdrawal of region planning scheme or amendment
62A. Minister may withdraw or direct withdrawal of proposed scheme or amendment 49
Div 5
Consolidation of region planning scheme
Division 5 — Consolidation of region planning scheme
Minister may direct consolidation 50
Maps, plans, diagrams may be added or substituted 50
Certification and delivery of consolidation 51
Proof of consolidation 51
Consolidation of portion of region planning scheme 51
Part 5
Local planning schemes
Part 5 — Local planning schemes
Division 1 — Continuation and formulation of local planning schemes
Town planning schemes under repealed Act, effect of 52
General objects of schemes 52
Scheme may be made for land outside scheme or be concurrent with another scheme 53
Scheme not to apply to redevelopment area or Swan Valley 53
Local government may prepare or adopt scheme 54
Contents of scheme 54
Repealing scheme 55
Amending scheme 55
Division 2 — Minister’s powers in relation to local planning schemes
Minister may order local government to prepare or adopt scheme or amendment 56
77A. Minister may order local government to amend scheme to be consistent with State planning policy 57
Division 3 — Relevant considerations in preparation or amendment of local planning scheme
Effect of State planning policies and planning codes on scheme 58
Heritage Council’s advice to be sought in some cases 59
Swan and Canning Rivers management programme, effect of 59
Referral of proposed scheme or amendment to EPA 60
Environmental review, when required etc. 60
Consultation requirements 62
Division 4 — Advertisement and approval
83A. Proposed scheme or amendment to be submitted to Minister for approval to advertise 62
Advertising proposed scheme or amendment 64
Local government’s duties if proposed scheme or amendment to be assessed under EP Act 64
Minister not to approve proposed scheme or amendment in some cases 65
Approving and publicising scheme or amendment 65
Division 5 — Review of local planning schemes
Consolidated scheme, when to be prepared 67
Consolidated scheme, public submissions to be sought on 68
Consolidated scheme, report on operation of required 68
Procedure if s. 90 report does not recommend change to scheme 69
Procedure if s. 90 report recommends change to scheme 69
Consolidated scheme, effect of publication of 70
Procedure if new scheme prepared following s. 90 report 71
Procedure if scheme repealed following s. 90 report 71
Consolidation of 2 or more schemes, when this Div. applies to 72
Div 6
Crown land
Division 6 — Crown land
Schemes for Crown lands 72
Part 6
Interim development orders
Part 6 — Interim development orders
Division 1 — Regional interim development orders
Making and purpose of order 74
Contents of order 75
Commission to consult local government on some development applications 76
Restrictions on power to grant development approval 76
Division 2 — Local interim development orders
Making and purpose of order 76
Contents of order 77
Division 3 — Provisions applying to regional and local interim development orders
Consultation requirements 78
Publicising interim development order 79
Administration of interim development order 80
Effect and duration of interim development order 80
Existing lawful development not affected 81
Amending interim development order 81
Revoking interim development order 81
Non‑conforming development by local government or public authority, procedure for 82
Part 7
Planning control areas
Part 7 — Planning control areas
Declaration of planning control areas 84
Amending or revoking s. 112 declaration 85
Duration of s. 112 declaration 85
Development in planning control area, applying for approval of 85
Commission may approve or refuse s. 115 application 86
Commission may revoke approval if development does not conform with it 86
Existing lawful development not affected 87
Part 8
Improvement plans and schemes
Part 8 — Improvement plans and schemes
Division 1 — Improvement plans
Preparing and making improvement plan 88
Amending or revoking improvement plan 90
Commission’s powers as to land under improvement plan 90
Division 2 — Improvement schemes
122A. Content of improvement scheme 92
122B. Preparing, approving and reviewing improvement scheme 92
122C. Existing lawful development not affected 95
122D. Effect of improvement scheme on other planning schemes 96
122E. Removal of land from improvement scheme area or repeal of improvement scheme, effect of 97
122EA. Amendment of improvement scheme to remove land to which another improvement scheme will apply 97
122EB. Repeal of improvement scheme if another improvement scheme will apply 97
122F. Transitional provisions for amended improvement scheme area 98
122G. Applications for development pending when land removed or improvement scheme repealed 98
122H. Permanently closing street in improvement scheme area 99
122I. Some planning schemes have no force while improvement scheme in force 99
122J. Minister may amend local planning scheme to conform with improvement scheme 100
122K. Region planning scheme may be amended to conform with improvement scheme 100
122L. Minister has s. 211 and 212 powers for improvement scheme 100
122M. Fees for planning matters under improvement scheme, Commission may impose 101
Division 3 — General
This Part does not derogate from other powers 101
Part 9
Relationship between planning schemes, planning control provisions and written laws
Part 9 — Relationship between planning schemes, planning control provisions and written laws
Local planning scheme or local law to be consistent with region planning scheme or Swan Valley Planning Scheme 102
Effect of region planning scheme on local planning scheme 102
Minister may direct local government to prepare or amend local planning scheme to be consistent with region planning scheme or amendment or State development area plan 104
Local planning scheme, amendment of due to region planning scheme 105
Minister may direct local government to modify proposed scheme or amendment to be consistent with region planning scheme or State development area plan 106
Breach of s. 124(2), 125 or 127(2), Minister’s powers in case of 107
Inconsistency between interim development order and local planning scheme or local law, effect of 108
Planning control area provisions (Part 7) prevail 108
Building standards etc. prevail 109
131A. Relationship between Swan Valley Planning Scheme and other planning schemes or policies 109
Governor may modify or suspend law to enable planning scheme to have effect 110
Part 10
Subdivision and development control
Part 10 — Subdivision and development control
Division 1 — Application
Application of Part to Crown land 111
Relationship of Part to some other laws 111
Division 2 — Approval for subdivision and certain transactions
No subdivision etc. without approval 112
Approval required for some dealings as to land not dealt with as lot or lots 112
Heritage land, subdivision etc. of 115
Commission’s functions when approving subdivision etc. 115
138A. Commission’s functions when approving subdivision etc. in Swan Valley 117
Leases and licences that do not need approval under s. 136 118
Saving of some agreements entered into without approval under s. 136 119
Refund where land transaction cannot be completed 120
Consultation requirements as to proposed subdivision 120
Commission’s duties when dealing with plan of subdivision 121
Reconsidering refusal to approve plan of subdivision 121
Diagram or plan of survey of approved plan of subdivision, approval of 122
145A. Period for submission of diagram or plan of survey for approval by Commission 124
145B. Land subject to strata titles scheme 125
No certificate of title for subdivided land without approved diagram or plan of survey 126
No registration etc. of some land dealings without Commission’s approval 127
Division 3 — Conditions of subdivision
149A. Condition requiring termination of strata titles scheme 128
Road access, conditions as to 129
Reconsidering conditions 130
Certain land to vest in Crown 131
Setting aside land for open space or payment in lieu 133
Money paid in lieu of open space, application of 134
Value of land for s. 153, how determined 135
Valuation under s. 155, dispute as to 136
When approval of subdivision deemed to be approval under planning scheme 137
Division 4 — Subdivision costs
Expenses of construction etc. of roads etc. 137
Subdivider may recover portion of road costs from later subdivider 138
Money payable under s. 159, recovery of 140
When subdivision occurs 140
Division 5 — Development controls
No development except with approval 140
Application for development of heritage place 141
Development commenced or carried out, subsequent approval of 141
Div 5A
Integration of subdivision and development
Division 5A — Integration of subdivision and development
164A. Integration of subdivision and development 142
Division 6 — Miscellaneous
Hazard etc. affecting land, notating titles as to 144
Encroachment that leads to approved subdivision 145
Easement, creation of etc. on subdivision etc. 145
Road, creation of etc. on subdivision etc. 147
Roads and waterways, minimum standards of construction for 150
Proposed road or waterway, drawings etc. of required 150
Part 11A
Development Assessment Panels and development control
Part 11A — Development Assessment Panels and development control
Division 1 — Functions of DAPs
171A. Prescribed development applications, DAP to determine and regulations for 153
171B. DAP to carry out delegated functions 156
Division 2 — Development Assessment Panels: establishment and administration
171C. Establishment of DAPs 156
171D. Constitution, procedure and conduct of DAPs 157
171E. Administration and costs of DAPs 158
171F. Review of regulations 159
171G. Regulations about transitional matters 159
Part 11B
Development approval for significant development
Part 11B — Development approval for significant development
171H. Terms used 160
171I. Prescribed significant development 163
171J. Development to which this Part applies 163
171K. Relationship of this Part with other laws 164
Division 2 — Determination of significant development applications
Subdiv 1
Making significant development applications
Subdivision 1 — Making significant development applications
171L. Development application may be made to Commission for determination under this Part 164
171M. Authorisation for application raising issues of State or regional importance to be made under s. 171L 165
171N. Supplementary provisions about applications and authorisations 166
Subdiv 2
Considering and determining significant development applications
Subdivision 2 — Considering and determining significant development applications
171O. Significant development application must be determined under s. 171P(1) 167
171P. Determination of significant development application by Commission 167
171Q. Procedures for dealing with significant development application 168
171R. Determining significant development application inconsistently with applicable planning instrument in some circumstances 168
171S. Provisions about determination of significant development application 170
171T. Time for determination of significant development application 172
Subdiv 3
Consequences of determination and amendment and cancellation of determination
Subdivision 3 — Consequences of determination and amendment and cancellation of determination
171U. Effect of determination of significant development application under s. 171P(1) 172
171V. Enforcement powers of Commission in relation to conditions 174
171W. Substantial commencement of development approved under s. 171P(1) 174
171X. Amendment or cancellation of approval granted under s. 171P(1) 175
Division 3 — Oversight of Commission
171Y. Review by State Administrative Tribunal 177
171Z. Ministerial call‑in of application for review under s. 171Y 178
171ZA. Governor may amend or cancel approval granted by Commission under s. 171P(1) 179
Division 4 — Miscellaneous
171ZB. Meetings to be open to public 180
171ZC. Fees 180
171ZD. Regulations 181
Part 11C
Avoiding conflicts with certain development approvals
Part 11C — Avoiding conflicts with certain development approvals
171ZE. Terms used 182
171ZF. Relationship of this Part with other laws and instruments 183
171ZG. Relevant development approvals 183
171ZH. Performance of functions to which this Part applies 184
171ZI. When performance of function conflicts with relevant development approval 185
Division 2 — Dealing with conflicts with relevant development approvals
171ZJ. Proposed performance of function that conflicts with relevant development approval 186
171ZK. Direction to decision‑maker by Minister on notification of proposed performance of function 187
171ZL. Application for direction if performance of function conflicts with approval 188
171ZM. Direction by Minister on application if performance of function conflicts with approval 189
171ZN. Direction is disallowable subsidiary legislation 190
171ZO. Effect of performance of function in compliance with direction 190
Division 3 — Regulations
171ZP. Regulations 191
Part 11
Compensation and acquisition
Part 11 — Compensation and acquisition
Division 1 — General matters in relation to compensation
Entitlement to compensation, limits on 192
Division 2 — Compensation where land injuriously affected by planning scheme
Terms used 192
Injurious affection, compensation for 193
When land is injuriously affected 193
No compensation if scheme’s provisions are, or could have been, in certain other laws 195
Questions as to injurious affection etc., how determined 196
When compensation payable if land reserved 197
Claim for compensation, time for making 198
Injurious affection due to land being reserved, amount of compensation for 199
Notating title to land after compensation paid 199
Recovering paid compensation if reservation revoked or reduced 200
Board of Valuers 205
Valuations by Board 206
Division 3 — Other compensation
Betterment; compensation for expenses rendered abortive by amendment or repeal of scheme 207
Injurious affection due to interim development order 208
Injurious affection due to planning control area 209
Division 4 — Purchase or compulsory acquisition
Acquiring land in lieu of paying compensation 209
Land to be acquired under s. 187, valuing 210
Land in proposed region planning scheme, Commission may purchase 211
Responsible authority may purchase land for planning scheme 211
Compulsory acquisition of land in scheme area 212
Land etc. to be acquired under s. 191, valuing 213
Responsible authority’s powers as to acquired land 214
Responsible authority may grant easement over acquired land 214
Commission’s powers to acquire land in improvement plan 215
Commission may sell etc. acquired land 215
Declaring land for public work to be instead held etc. for region planning scheme or improvement plan 216
197A. Planning control areas 217
Part 12
Financial provisions
Part 12 — Financial provisions
Division 1 — Metropolitan Region Improvement Fund
Metropolitan Region Improvement Account 220
MRI Account, application of 221
Division 2 — Metropolitan Region Improvement Tax
Owners’ liability to pay tax 222
Tax collections, how to be dealt with MC 223
Division 3 — Financial provisions relating to the Commission
Saving 223
Funds of Commission 224
Minister’s approval needed for some contracts and expenditure 224
Borrowing powers 224
Borrowing from Treasurer 225
Guarantees by Treasurer 225
Financial Management Act 2006 and Auditor General Act 2006, application of 226
Commission’s land not subject to rates etc. 226
Division 4 — Financial provisions relating to local governments
Apportioning expenses between local governments 226
Part 13
Enforcement and legal proceedings
Part 13 — Enforcement and legal proceedings
Division 1 — Enforcement
Person aggrieved by local government’s omission may go to Minister; Minister’s powers 228
Breach of order etc. by local government, Minister’s powers as to 229
Minister’s action under s. 212, effect of 231
Illegal development, responsible authority’s powers as to 232
Illegal development, responsible authority’s powers to remove etc. 234
Breach of Act etc. or development approval, injunctions as to 235
Environmental conditions, Minister’s powers to enforce 236
Division 2 — Offences
Planning scheme or condition on development, contravening etc. 238
Unauthorised subdivision works 238
Planning control area, unauthorised development in 239
Interim development order, contravening 239
Heritage place, unauthorised development in 239
General penalty 240
Other enforcement provisions not affected 240
Onus of proof in vehicle offence may be shifted 240
Division 3 — Infringement notices
Terms used 242
Prescribed offences 242
Giving of infringement notice 242
Content of infringement notice 243
Extending time to pay modified penalty 243
Withdrawal of infringement notice 243
Benefit of paying modified penalty 244
Paid modified penalty, application of 244
Designated persons, appointment of 244
Notice placing onus on vehicle owner 244
Division 4 — Entry and inspection powers for officers authorised by Commission
Subdivision 1 — Preliminary
235A. Terms used 245
Subdivision 2 — Authorised officers
235B. Commission may authorise certain persons for purposes of Division 246
235C. Identity cards 246
235D. Offences relating to authorised officers 247
Subdivision 3 — Entry and inspection
235E. Powers of entry and inspection 248
235F. Authorised officer may apply for entry warrant 249
235G. Making entry warrant application 250
235H. Further provisions about entry warrant application made by remote communication 251
235I. Issuing entry warrant 252
235J. Effect of entry warrant 253
235K. Execution of entry warrant 253
Part 14
Applications for review
Part 14 — Applications for review
Division 1 — Making and determination of applications for review
When this Part applies 255
Terms used 256
237A. How SAT to be constituted 256
SAT members, qualifications of 257
Legal representation, some applicants may elect there will be none 257
SAT to invite Minister for the Environment to make submission before determining certain applications 258
SAT to have regard to certain matters 258
Persons who are not parties, submissions from 259
Exclusion of powers to join parties 260
SAT review of some SAT decisions 260
Submissions by Minister to SAT 261
Minister may call in application to SAT for review 262
Determination of application by Minister 263
Division 2 — Decisions which may be reviewed
Decision as to development under interim development order 264
Decision as to development in planning control area 265
Some decisions made under Part 10 265
Decision made in exercise of discretionary power under planning scheme 266
Failure of responsible authority to make decision within decision period 267
Division 3 — Other applications for review
Decision made under EP Act s. 48I 269
Direction given under s. 214 269
Part 15
Subsidiary legislation
Part 15 — Subsidiary legislation
Regulations for content of local planning schemes 270
257A. Model provisions, effect of 271
257B. Deemed provisions, effect of 272
257C. Regulations dealing with performance of functions under local planning schemes in relation to single house development 272
Regulations for procedure and costs for local planning schemes 274
258A. Regulations as to procedure and costs for region planning schemes 276
Regulations for environmental review expenses 276
Local government fees for planning matters etc., regulations as to 277
Uniform general local laws 278
Regulations: general 279
Regulations may adopt codes and other texts 281
Part 16
Miscellaneous
Part 16 — Miscellaneous
Delegation by Minister 282
Duties and liabilities of persons performing functions under this Act or Swan Valley Planning Act 2020 282
267A. Crown and State land, who may sign documents as to 284
267B. Electronic planning maps 285
267C. Certified copies of electronic planning maps 286
Protection from personal liability 287
268A. Laying documents before House of Parliament that is not sitting 287
Review of Act 288
Part 17
Special provisions for COVID‑19 pandemic relating to development applications
Part 17 — Special provisions for COVID‑19 pandemic relating to development applications
Terms used 289
Effect of Part 292
Division 2 — Commission to determine certain development applications
Subdivision 1 — Applications and referrals
Development applications that may be made directly to Commission during recovery period or extended recovery period 293
Development applications that may be referred to Commission by Premier during recovery period or extended recovery period 293
Supplementary provisions for applications and referrals 295
Subdivision 2 — Determinations
Determination of development applications by Commission 296
Application of legal instruments and matters to which Commission must have due regard 298
Consultation, submissions and other input 300
Effect of Commission determination under s. 274 302
277A. Enforcement powers of Commission in relation to conditions 304
Substantial commencement of development approved by Commission under s. 274 304
Amendment or cancellation of approval granted by Commission under s. 274 305
Division 4 — Oversight of Commission
State Administrative Tribunal 307
Governor may amend or cancel approval granted by Commission under s. 274 308
Division 5 — Final matters
Fees 310
Regulations 310
Part 18
Extension of time for endorsement of diagram or plan of survey due to COVID‑19 pandemic
Part 18 — Extension of time for endorsement of diagram or plan of survey due to COVID‑19 pandemic
Term used: COVID‑19 emergency start date 311
Extension of time for endorsement of diagram or plan of survey of approved subdivision 311
Part 19
Transitional provisions
Part 19 — Transitional provisions
Division 1 — Provisions for Planning and Development Amendment Act 2020
LDAP or JDAP continues as DAP for district or districts 313
Preparation and approval of planning schemes where process commenced before commencement day 314
R‑Codes taken to be planning codes 315
Regulations made by Minister continue in force 315
Electronic planning maps prepared before commencement day 316
Transitional regulations 316
Division 2 — Provisions for Planning and Development Amendment Act 2022
Amendments to development approvals 318
Fees 318
Division 3 — Provisions for Planning and Development Amendment Act 2023
Subdivision 1 — Preliminary
Term used: 2023 amendment Act 319
Subdivision 2 — Avoiding conflicts with development approvals
Provisions about avoiding conflicts with development approvals 319
Subdivision 3 — Western Australian Planning Commission
Terms used and interaction with Interpretation Act 1984 s. 25 321
Membership of board 322
New board may exercise powers of Commission before reconstitution day 323
Membership of Executive, Finance and Property Committee 324
Membership of Statutory Planning Committee 325
Membership of Swan Valley Statutory Planning Committee 326
Other continuing committees 326
Board of management of Metropolitan Redevelopment Authority 327
Certain committees abolished 328
Subdiv 4
Consolidation of planning schemes
Subdivision 4 — Consolidation of planning schemes
Term used: repeal day 328
Proof of consolidation of region planning scheme 329
Proof of consolidation of local planning scheme 329
Application of amended s. 138(3)(a) and 171R(1)(b)(ii) in relation to previous review of local planning scheme 329
Subdiv 5
Reviews of planning decisions
Subdivision 5 — Reviews of planning decisions
Applications made to State Administrative Tribunal 330
Subdiv 6
Regulations
Subdivision 6 — Regulations
Transitional regulations 330
Sch 2
Committees
Schedule 2 — Committees
General provisions as to committees 332
Executive, Finance and Property Committee 332
Statutory Planning Committee 333
Sch 3
Metropolitan region
Schedule 3 — Metropolitan region
Sch 4
Other regions
Schedule 4 — Other regions
Gascoyne Region 337
Goldfields‑Esperance Region 337
Great Southern Region 337
Kimberley Region 337
Mid West Region 337
Peel Region 337
Pilbara Region 337
South West Region 338
Wheatbelt Region 338
Sch 5
Local governments — metropolitan region
Schedule 5 — Local governments — metropolitan region
SOUTH‑WEST GROUP 339
WESTERN SUBURBS GROUP 339
NORTH‑WEST GROUP 339
SOUTH‑EAST GROUP 340
EASTERN GROUP 340
Sch 6
Planning control areas: purposes for which land may be required
Schedule 6 — Planning control areas: purposes for which land may be required
Sch 7
Matters which may be dealt with by planning scheme
Schedule 7 — Matters which may be dealt with by planning scheme
Generality preserved 342
Subdivision 342
Reconstruction 342
Preservation and conservation 342
Roads, public works, community infrastructure, reservation of land, provision of facilities 343
Zoning 343
Controls for land management 343
Development standards 343
Development controls 344
Acquisition and purchase of land 344
Powers 344
Agreements and cooperation 344
Carrying out scheme 345
Review by SAT 345
Policies and ancillary matters 345
Sch 8
Matters for which local laws may be made by Governor
Schedule 8 — Matters for which local laws may be made by Governor
Purchase and reservation of land 346
Limiting and regulating building 346
Classification and zoning 346
Prohibiting unauthorised uses 347
Prescribing characteristics of buildings 347
Prohibiting trade etc. or erection or use of building 347
Requirements of new subdivisions 347
Building lines 348
Open space etc. 348
Heights of walls etc. at road corners 348
Implementing of local laws 348
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Planning and Development Act 2005
Western Australia
Planning and Development Act 2005
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Purposes and interpretation of this Act 2
Terms used 3
Crown bound 10
Act does not interfere with public works 10
Part 2 — The Western Australian Planning Commission
Division 1 — Establishment and management
Commission established 12
Status 12
Board of management 12
Membership of board 12
Board’s constitution and proceedings 14
Remuneration and allowances 15
Division 2 — Functions and powers
Introduction to Commission’s role 15
Functions 16
Powers 18
Delegation by Commission 20
Minister may give Commission directions 23
Minister to have access to information 24
Committees of Commission 25
Fees for Commission’s services 26
Division 3 — Administration
Secretary 26
Staff 26
Use of staff and facilities of public authorities 27
Division 4 — Miscellaneous
Execution of documents 27
Part 3 — State planning policies
Statements of planning policy under repealed Act, effect of 29
Preparation and content of State planning policy 29
Matters to be considered when preparing State planning policy 30
Process for preparation and approval of State planning policy 30
Western Australian Planning Commission.
Metropolitan Region Scheme (MRS). The planning scheme continued under s 33(1) for the Perth metropolitan area. The MRS zones land across the metropolitan region and controls the broad pattern of land use and development.
Local planning scheme. A planning scheme prepared and administered by a local government under Part 5. Local schemes control land use zoning, development standards and requirements within each local government district (s 68 onwards). A local scheme must be consistent with State planning policies and any applicable region scheme.
Planning code. A planning code approved by the Minister under regulations made under s 32B(1). Codes provide technical standards that may be adopted into a local planning scheme (ss 32A, 77).
Development application. An application under a planning scheme or interim development order for approval of development.
Development Assessment Panel (DAP). Established under s 171C(1). DAPs determine prescribed development applications above specified thresholds (Part 11A, Division 1). This pathway removes certain applications from local government determination and provides independent assessment.
Significant development. Development prescribed under s 171I. Significant development applications may be made to the WAPC for determination under Part 11B where the development raises issues of State or regional importance. The WAPC may approve significant development in a way that is inconsistent with applicable planning instruments in defined circumstances (s 171R).
Improvement scheme. A planning scheme for land that has been identified for coordinated development under Part 8. Improvement schemes may apply to specific redevelopment areas.
Planning control area. An area declared and in force under s 112 where interim development controls apply pending the preparation of a formal scheme.
Subdivision. Defined to include amalgamation. Subdivision of land requires WAPC approval under Part 10. Section 136 also requires WAPC approval for sales, leases and options for land not dealt with as lots in certain circumstances.
Who it affects
Landowners and developers, who must obtain development approval before undertaking development, and WAPC approval before subdividing land or conducting certain dealings (s 136).
Local governments, which prepare and administer local planning schemes, assess most development applications, and exercise enforcement powers.
The WAPC and its board, which administer regional planning, approve subdivisions, process significant development applications, and exercise enforcement powers.
Development Assessment Panels, which determine prescribed development applications above set thresholds.
The State Administrative Tribunal, which reviews planning decisions under s 171Y and related provisions.
The Minister for Planning, who approves State planning policies, region planning schemes and amendments, and may call in certain applications.
The Environmental Protection Authority, which is consulted on proposed schemes and amendments under ss 38 and 81.
The Heritage Council, which is consulted on proposed schemes or amendments affecting heritage places (s 79).
Key obligations
Development approval requirement. Development requires approval under an applicable planning scheme or interim development order before it may be carried out. Carrying out development without approval where approval is required is an offence under the Act.
Subdivision approval. Subdivision of land requires WAPC approval under Part 10. Section 136 prohibits leasing or granting a licence for more than 20 years, selling land, or granting options to purchase in respect of land not dealt with as lots, without WAPC approval. Contravention is an offence under s 136(2).
Environmental referral. When preparing proposed region schemes or local schemes, referral to the EPA is required under ss 38 and 81. Where the EPA requires environmental review, the process under the Environmental Protection Act 1986 must be followed before the scheme can be approved.
Heritage consultation. Section 79 requires the Heritage Council's advice to be sought before a local scheme or amendment affecting a heritage place is submitted for approval.
Consistency with State planning policies. Under s 29, persons and bodies performing functions under the Act must have due regard to State planning policies. Under s 77, local planning schemes must be consistent with State planning policies.
Comment on proposed performance audit reports. Section 19 of the scheme review obligations requires consolidated scheme reports and associated consultation processes.
Powers and discretions
WAPC functions. Section 14 sets out the WAPC's broad functions, including formulating policies for planning and development, preparing and revising region planning schemes, and processing development applications. Section 15 gives the WAPC wide powers to carry out those functions. Section 16 allows delegation.
Ministerial directions. Section 17 allows the Minister to give the WAPC directions in the performance of its functions, subject to the requirement that the Minister publish the direction.
DAP determination. Under Part 11A, DAPs have power to determine prescribed development applications. Section 171B also allows DAPs to exercise delegated functions of local governments or the WAPC.
Significant development determination. Under Part 11B, the WAPC may approve significant development applications (s 171P). The approval may be inconsistent with applicable planning instruments in defined circumstances under s 171R, provided specified criteria are met. The Governor may amend or cancel a WAPC approval under s 171ZA.
Enforcement powers. The WAPC and local governments have enforcement powers in respect of development not approved or carried out in breach of conditions. Section 171V gives the WAPC enforcement powers in relation to conditions of significant development approvals.
SAT review. Under s 171Y, decisions of the WAPC under Part 11B are reviewable by the State Administrative Tribunal. The Minister may call in a SAT review under s 171Z.
Penalties and enforcement
The Act creates offences for development without approval and for breaches of subdivision and land dealing requirements. Section 136(2) creates an offence for conducting prohibited dealings in respect of non-lot land without WAPC approval. The Act also provides for infringement notices as an alternative to prosecution for prescribed offences, with penalty provisions set by regulation. Penalties are not to exceed 20% of the maximum for the offence in an infringement notice. If the infringement notice penalty is paid, withdrawal may occur under s 181-type provisions.
Process and timelines
Local planning scheme preparation. A local government prepares a proposed scheme or amendment, which must be referred to the EPA, and Heritage Council where relevant. A public advertising period applies. The Minister must approve proposed schemes and amendments for advertising before they can proceed, and must not approve a scheme or amendment in certain circumstances (s 86). After advertising, the Minister may approve, refuse or modify.
Development application assessment. Applications are lodged with the local government (for local scheme applications) or the WAPC or DAP (for prescribed or significant development). The relevant decision-maker assesses the application against the applicable planning scheme and policy considerations. SAT review is available for refused or conditionally approved applications.
Subdivision approval. Subdivision applications are lodged with the WAPC. The WAPC may approve, refuse or approve subject to conditions. SAT review may be available.
Significant development. An application may be made to the WAPC under s 171L. An authorisation for the application to be made under s 171L is required in some cases (s 171M). The WAPC must determine the application within the time specified under s 171T.
Interactions with other law
Environmental Protection Act 1986 (WA). Sections 38 and 81 require referral of proposed schemes to the EPA. Environmental assessment processes under the EP Act must be completed before certain planning approvals can proceed.
Heritage Act 2018 (WA). Section 79 requires Heritage Council advice before schemes affecting heritage places are processed. The definition of development in s 4(1) expressly includes acts affecting places subject to protection orders under the Heritage Act 2018.
Swan Valley Planning Act 2020 (WA). The Swan Valley Planning Scheme operates under this Act and the Planning and Development Act 2005 by virtue of cross-references in the definition of "planning scheme" (s 4(1)).
State Development Act 2025 (WA). State development areas, State development area declarations and State development area plans are defined by reference to that Act (ss 4(1), related provisions). State development area improvement schemes may be authorised by a State development area declaration.
Community Titles Act 2018 (WA). Sections 136(2A)-(2E) apply the subdivision and land dealings regime to common property and lots in community title schemes.
Local Government Act 1995 (WA). Local governments exercising functions under the Planning and Development Act 2005 are subject to local government legislation requirements.
Metropolitan Redevelopment Authority Act 2011 (WA). The scheme preparation powers do not extend to land in an approved redevelopment scheme area under that Act (s 36(c)).
State Administrative Tribunal Act 2004 (WA). The SAT hears reviews of planning decisions under s 171Y and the SAT Act governs SAT procedure.
Gotchas
Section 136 catches non-subdivision dealings. The prohibition in s 136 is not limited to formal subdivision. Selling land, granting options to purchase, or leasing for more than 20 years in respect of land not dealt with as lots also requires WAPC approval. Conveyancers and solicitors who overlook this requirement expose their clients to criminal liability and may create defective titles.
Significant development can override local schemes. Under s 171R, the WAPC may approve significant development applications inconsistently with applicable planning instruments (including local planning schemes) if specified criteria are met. This means local zoning is not always determinative for significant development.
DAP decisions replace local government decisions. Where a DAP determines a prescribed development application, the DAP's decision is the decision on the application. The local government's recommendation is a relevant factor but not binding. Applicants and affected persons should engage with the DAP process directly, not only through local government channels.
Environmental approval can delay scheme timelines significantly. Where the EPA requires full environmental review of a proposed scheme or amendment, the Environmental Protection Act 1986 process must be completed before the scheme can be approved. This can add years to planning processes.
State planning policies bind but do not override. Persons and bodies performing functions must "have due regard to" State planning policies (s 29). This is a strong but not absolute obligation. The WAPC and local governments retain discretion, but departures from policy require clear justification.
Practical examples
Example 1: House extension in a local planning scheme area. An owner proposes to extend their house in a way that exceeds the allowable setbacks under the local planning scheme. The owner must apply for planning approval to the local government. The local government assesses the application against the scheme and relevant policies. If refused, the owner may apply to the SAT for review.
Example 2: Prescribed development application to a DAP. A developer proposes a multi-storey apartment building above the threshold prescribed for DAP determination. The application is made to the DAP. The local government provides a recommendation, but the DAP makes the final decision. The developer engages directly with the DAP and its presiding member.
Example 3: Significant development in an inconsistency situation. A proponent seeks to develop a major industrial facility in an area where the local scheme zones the land for residential use. The development is prescribed as significant development under s 171I. The WAPC may approve the application under s 171P. If it does so inconsistently with the local scheme, it must be satisfied of the matters required by s 171R. The Governor may later amend or cancel the approval under s 171ZA.
Example 4: Sale of land without WAPC approval. A landowner sells a portion of their land that is not yet registered as a separate lot, without first obtaining WAPC approval under s 136. Both the seller and buyer commit offences under s 136(2). The transaction may also be unenforceable.
Example 5: Environmental referral for a new town plan. A local government proposes a new local planning scheme for a greenfield area. The proposed scheme is referred to the EPA under s 81. The EPA requires a full environmental review. The environmental review process under the Environmental Protection Act 1986 is completed. Subject to the EPA's conditions, the Minister may then approve the scheme.
Persons and bodies performing functions to have due regard to State planning policies 32
Part 3A — Planning codes
32A. Planning codes 33
32B. Process for preparation and approval of planning code or amendment 33
32C. Effect of planning code 34
Part 4 — Region planning schemes
Division 1 — Continuation and formulation of region planning schemes
Schemes under repealed Act, effect of 35
Region planning schemes, preparation and content of 35
Commission may resolve to prepare or amend region planning scheme 36
Restrictions on making or amending region planning scheme for metropolitan region 36
Region planning scheme may be amended or repealed 37
Division 2 — Relevant considerations in preparation or amendment of region planning scheme or amendment and requirement to advertise
Referral of proposed scheme or amendment to EPA 38
Environmental review of proposed scheme or amendment 38
Advertising proposed scheme or amendment 40
Commission’s duties if proposed scheme or amendment is to be assessed under EP Act 41
Division 3 — Submission and approval of region planning schemes or amendment other than minor amendments
47A. Region planning scheme or non‑minor amendment to be submitted and approved under this Division 42
Proposed scheme or amendment and public submissions to be submitted to Minister 42
When Minister may submit proposed scheme or amendment for Governor’s approval 43
Minister may direct proposed scheme or amendment to be republicised 43
Modifications to proposed scheme or amendment, procedure on 44
Approval of Governor 44
Publicising approved scheme or amendment 44
Revoking approval of scheme or amendment 45
Parliament may disallow scheme or amendment 46
Division 4 — Submission and approval of minor amendments to region planning schemes
56A. Term used: minor region planning scheme amendment 47
Proposed minor amendment may be submitted and approved under this Division 47
Minister not to approve proposed minor amendment in some cases 48
Minister may approve or decline to approve minor amendment 48
Division 4A — Withdrawal of region planning scheme or amendment
62A. Minister may withdraw or direct withdrawal of proposed scheme or amendment 49
Division 5 — Consolidation of region planning scheme
Minister may direct consolidation 50
Maps, plans, diagrams may be added or substituted 50
Certification and delivery of consolidation 51
Proof of consolidation 51
Consolidation of portion of region planning scheme 51
Part 5 — Local planning schemes
Division 1 — Continuation and formulation of local planning schemes
Town planning schemes under repealed Act, effect of 52
General objects of schemes 52
Scheme may be made for land outside scheme or be concurrent with another scheme 53
Scheme not to apply to redevelopment area or Swan Valley 53
Local government may prepare or adopt scheme 54
Contents of scheme 54
Repealing scheme 55
Amending scheme 55
Division 2 — Minister’s powers in relation to local planning schemes
Minister may order local government to prepare or adopt scheme or amendment 56
77A. Minister may order local government to amend scheme to be consistent with State planning policy 57
Division 3 — Relevant considerations in preparation or amendment of local planning scheme
Effect of State planning policies and planning codes on scheme 58
Heritage Council’s advice to be sought in some cases 59
Swan and Canning Rivers management programme, effect of 59
Referral of proposed scheme or amendment to EPA 60
Environmental review, when required etc. 60
Consultation requirements 62
Division 4 — Advertisement and approval
83A. Proposed scheme or amendment to be submitted to Minister for approval to advertise 62
Advertising proposed scheme or amendment 64
Local government’s duties if proposed scheme or amendment to be assessed under EP Act 64
Minister not to approve proposed scheme or amendment in some cases 65
Approving and publicising scheme or amendment 65
Division 5 — Review of local planning schemes
Consolidated scheme, when to be prepared 67
Consolidated scheme, public submissions to be sought on 68
Consolidated scheme, report on operation of required 68
Procedure if s. 90 report does not recommend change to scheme 69
Procedure if s. 90 report recommends change to scheme 69
Consolidated scheme, effect of publication of 70
Procedure if new scheme prepared following s. 90 report 71
Procedure if scheme repealed following s. 90 report 71
Consolidation of 2 or more schemes, when this Div. applies to 72
Division 6 — Crown land
Schemes for Crown lands 72
Part 6 — Interim development orders
Division 1 — Regional interim development orders
Making and purpose of order 74
Contents of order 75
Commission to consult local government on some development applications 76
Restrictions on power to grant development approval 76
Division 2 — Local interim development orders
Making and purpose of order 76
Contents of order 77
Division 3 — Provisions applying to regional and local interim development orders
Consultation requirements 78
Publicising interim development order 79
Administration of interim development order 80
Effect and duration of interim development order 80
Existing lawful development not affected 81
Amending interim development order 81
Revoking interim development order 81
Non‑conforming development by local government or public authority, procedure for 82
Part 7 — Planning control areas
Declaration of planning control areas 84
Amending or revoking s. 112 declaration 85
Duration of s. 112 declaration 85
Development in planning control area, applying for approval of 85
Commission may approve or refuse s. 115 application 86
Commission may revoke approval if development does not conform with it 86
Existing lawful development not affected 87
Part 8 — Improvement plans and schemes
Division 1 — Improvement plans
Preparing and making improvement plan 88
Amending or revoking improvement plan 90
Commission’s powers as to land under improvement plan 90
Division 2 — Improvement schemes
122A. Content of improvement scheme 92
122B. Preparing, approving and reviewing improvement scheme 92
122C. Existing lawful development not affected 95
122D. Effect of improvement scheme on other planning schemes 96
122E. Removal of land from improvement scheme area or repeal of improvement scheme, effect of 97
122EA. Amendment of improvement scheme to remove land to which another improvement scheme will apply 97
122EB. Repeal of improvement scheme if another improvement scheme will apply 97
122F. Transitional provisions for amended improvement scheme area 98
122G. Applications for development pending when land removed or improvement scheme repealed 98
122H. Permanently closing street in improvement scheme area 99
122I. Some planning schemes have no force while improvement scheme in force 99
122J. Minister may amend local planning scheme to conform with improvement scheme 100
122K. Region planning scheme may be amended to conform with improvement scheme 100
122L. Minister has s. 211 and 212 powers for improvement scheme 100
122M. Fees for planning matters under improvement scheme, Commission may impose 101
Division 3 — General
This Part does not derogate from other powers 101
Part 9 — Relationship between planning schemes, planning control provisions and written laws
Local planning scheme or local law to be consistent with region planning scheme or Swan Valley Planning Scheme 102
Effect of region planning scheme on local planning scheme 102
Minister may direct local government to prepare or amend local planning scheme to be consistent with region planning scheme or amendment or State development area plan 104
Local planning scheme, amendment of due to region planning scheme 105
Minister may direct local government to modify proposed scheme or amendment to be consistent with region planning scheme or State development area plan 106
Breach of s. 124(2), 125 or 127(2), Minister’s powers in case of 107
Inconsistency between interim development order and local planning scheme or local law, effect of 108
Planning control area provisions (Part 7) prevail 108
Building standards etc. prevail 109
131A. Relationship between Swan Valley Planning Scheme and other planning schemes or policies 109
Governor may modify or suspend law to enable planning scheme to have effect 110
Part 10 — Subdivision and development control
Division 1 — Application
Application of Part to Crown land 111
Relationship of Part to some other laws 111
Division 2 — Approval for subdivision and certain transactions
No subdivision etc. without approval 112
Approval required for some dealings as to land not dealt with as lot or lots 112
Heritage land, subdivision etc. of 115
Commission’s functions when approving subdivision etc. 115
138A. Commission’s functions when approving subdivision etc. in Swan Valley 117
Leases and licences that do not need approval under s. 136 118
Saving of some agreements entered into without approval under s. 136 119
Refund where land transaction cannot be completed 120
Consultation requirements as to proposed subdivision 120
Commission’s duties when dealing with plan of subdivision 121
Reconsidering refusal to approve plan of subdivision 121
Diagram or plan of survey of approved plan of subdivision, approval of 122
145A. Period for submission of diagram or plan of survey for approval by Commission 124
145B. Land subject to strata titles scheme 125
No certificate of title for subdivided land without approved diagram or plan of survey 126
No registration etc. of some land dealings without Commission’s approval 127
Division 3 — Conditions of subdivision
149A. Condition requiring termination of strata titles scheme 128
Road access, conditions as to 129
Reconsidering conditions 130
Certain land to vest in Crown 131
Setting aside land for open space or payment in lieu 133
Money paid in lieu of open space, application of 134
Value of land for s. 153, how determined 135
Valuation under s. 155, dispute as to 136
When approval of subdivision deemed to be approval under planning scheme 137
Division 4 — Subdivision costs
Expenses of construction etc. of roads etc. 137
Subdivider may recover portion of road costs from later subdivider 138
Money payable under s. 159, recovery of 140
When subdivision occurs 140
Division 5 — Development controls
No development except with approval 140
Application for development of heritage place 141
Development commenced or carried out, subsequent approval of 141
Division 5A — Integration of subdivision and development
164A. Integration of subdivision and development 142
Division 6 — Miscellaneous
Hazard etc. affecting land, notating titles as to 144
Encroachment that leads to approved subdivision 145
Easement, creation of etc. on subdivision etc. 145
Road, creation of etc. on subdivision etc. 147
Roads and waterways, minimum standards of construction for 150
Proposed road or waterway, drawings etc. of required 150
Part 11A — Development Assessment Panels and development control
Division 1 — Functions of DAPs
171A. Prescribed development applications, DAP to determine and regulations for 153
171B. DAP to carry out delegated functions 156
Division 2 — Development Assessment Panels: establishment and administration
171C. Establishment of DAPs 156
171D. Constitution, procedure and conduct of DAPs 157
171E. Administration and costs of DAPs 158
171F. Review of regulations 159
171G. Regulations about transitional matters 159
Part 11B — Development approval for significant development
Division 1 — Preliminary
171H. Terms used 160
171I. Prescribed significant development 163
171J. Development to which this Part applies 163
171K. Relationship of this Part with other laws 164
Division 2 — Determination of significant development applications
Subdivision 1 — Making significant development applications
171L. Development application may be made to Commission for determination under this Part 164
171M. Authorisation for application raising issues of State or regional importance to be made under s. 171L 165
171N. Supplementary provisions about applications and authorisations 166
Subdivision 2 — Considering and determining significant development applications
171O. Significant development application must be determined under s. 171P(1) 167
171P. Determination of significant development application by Commission 167
171Q. Procedures for dealing with significant development application 168
171R. Determining significant development application inconsistently with applicable planning instrument in some circumstances 168
171S. Provisions about determination of significant development application 170
171T. Time for determination of significant development application 172
Subdivision 3 — Consequences of determination and amendment and cancellation of determination
171U. Effect of determination of significant development application under s. 171P(1) 172
171V. Enforcement powers of Commission in relation to conditions 174
171W. Substantial commencement of development approved under s. 171P(1) 174
171X. Amendment or cancellation of approval granted under s. 171P(1) 175
Division 3 — Oversight of Commission
171Y. Review by State Administrative Tribunal 177
171Z. Ministerial call‑in of application for review under s. 171Y 178
171ZA. Governor may amend or cancel approval granted by Commission under s. 171P(1) 179
Division 4 — Miscellaneous
171ZB. Meetings to be open to public 180
171ZC. Fees 180
171ZD. Regulations 181
Part 11C — Avoiding conflicts with certain development approvals
Division 1 — Preliminary
171ZE. Terms used 182
171ZF. Relationship of this Part with other laws and instruments 183
171ZG. Relevant development approvals 183
171ZH. Performance of functions to which this Part applies 184
171ZI. When performance of function conflicts with relevant development approval 185
Division 2 — Dealing with conflic
This is an opening excerpt, not the complete document.