Sch 1Acts repealed

Schedule 1 — Acts repealed *Metropolitan Region Town Planning Scheme Act 1959* *Town Planning and Development Act 1928* *Western Australian Planning Commission Act 1985* Part 3 — Transitional and saving provisions 17. Application of *Interpretation Act 1984* (1) The provisions of the *Interpretation Act 1984* (for example, sections 16(1), 36 and 38) about the repeal of written laws and the substitution of other written laws for those so repealed apply to the repeal of an Act mentioned in Schedule 1 as if that Act were repealed and re‑enacted by the PD Act. (2) The other provisions of this Act are additional to the provisions applied by subsection (1) and except in the case of section 14(3) and (4) do not affect the operation of the provisions applied by subsection (1). 18. Transitional regulations (1) If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter. (2) In subsection (1) — transitional matter means a matter that needs to be dealt with for the purpose of — (a) effecting the transition from the provisions of the Acts repealed by this Act to the provisions of the PD Act; or (b) effecting the transition from the provisions of an Act amended by a provision of this Act (the amending provision) as in force before this Act comes into operation to the provisions of that Act as in force after the amending provision comes into operation. (3) Regulations made under subsection (1) may provide that specified provisions of the PD Act as in force on or after the commencement of that Act, or of subsidiary legislation made under that Act, or of an Act amended by this Act — (a) do not apply; or (b) apply with specified modifications, to or in relation to any matter. (4) If regulations under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than the commencement day, the regulations have effect according to their terms. (5) In subsections (3) and (4) — specified means specified or described in the regulations. (6) If regulations contain a provision referred to in subsection (4), the provision does not operate so as — (a) to affect in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or (b) impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations. 19. Construction of references in written laws (1) Unless the context otherwise requires, a reference in a written law to an enactment repealed by this Act includes a reference to the corresponding provision, if any, of the PD Act. (2) A reference in a written law to a town planning scheme may, where the context so requires, be read as if it had been amended to include or be a reference to a local planning scheme under the PD Act. (3) A reference in a written law to a regional planning scheme under the WAPC Act may, where the context so requires, be read as if it had been amended to include or be a reference to a region planning scheme under the PD Act. (4) A reference in a written law to a statement of planning policy may, where the context so requires, be read as if it had been amended to include or be a reference to a State planning policy under the PD Act. Division 2 — Continuation of various bodies, memberships and appointments 20. WAPC continues (1) The Western Australian Planning Commission established under the PD Act is a continuation of and the same legal entity as the Western Australian Planning Commission established under the WAPC Act, with the same rights and obligations as the existing Commission. (2) If in a written law or other document or instrument there is — (a) a reference to the existing Commission; or (b) a reference that is read and construed as a reference to the existing Commission, the reference may, where the context so requires, be read as if it had been amended to be a reference to the Commission established under the PD Act. 21. Membership of Commission (1) The persons who were members and deputy members of the existing Commission (including the chairperson and deputy chairperson) immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the chairperson, deputy chairperson, members and deputy members of the board of the Commission established under the PD Act. (2) A person to whom subsection (1) applies is to be regarded as having been appointed under the PD Act. (3) If in a written law or other document or instrument there is — (a) a reference to the chairperson or a member of the existing Commission; or (b) a reference that is read and construed as a reference to the chairperson or a member of the existing Commission, the reference may, where the context so requires, be read as if it had been amended to be a reference to the chairperson or a member of the board of the Commission established under the PD Act. 22. Staff (1) People who were engaged by the existing Commission immediately before the commencement of the PD Act continue, under and subject to that Act, as officers of the Commission. (2) A person mentioned in subsection (1) is to be regarded as having been engaged under the PD Act. (3) Except as otherwise agreed by the officer of the Commission, the remuneration, existing or accrued rights, rights under a superannuation scheme or continuity of service of an officer of the existing Commission are not affected, prejudiced or interrupted by the operation of subsection (1) or the repeal of the WAPC Act. (4) The rights under a superannuation scheme of a person who was an officer of the existing Commission are not affected, prejudiced or interrupted by the repeal of the WAPC Act. 23. Committees existing committee means — (a) the Executive, Finance and Property Committee established under the WAPC Act; (b) the Statutory Planning Committee established under the WAPC Act; (c) the Infrastructure Coordinating Committee established under the WAPC Act; (d) the Coastal Planning and Coordination Council established under the WAPC Act; (e) any regional planning committee established under the WAPC Act; and (f) any District Planning Committee established under the MRTPS Act. (2) A committee established under the PD Act is a continuation of and the same legal entity as the existing committee of the same name established under the WAPC or MRTPS Act with the same rights and obligations as the existing committee. (3) The Sustainable Transport Committee established under the PD Act is a continuation of and the same legal entity as the Transport Committee established under the WAPC Act with the same rights and obligations as the existing committee. (4) If in a written law or other document or instrument there is a reference to an existing committee, the reference may, where the context so requires, be read as if it had been amended to be a reference to the committee of the same name established under the PD Act. (5) If in a written law or other document or instrument there is a reference to the Transport Committee, the reference may, where the context so requires, be read as if it had been amended to be a reference to the Sustainable Transport Committee established under the PD Act. (6) The persons who were members of an existing committee immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the members of the committee of the same name established under the PD Act. (7) The persons who were members of the Transport Committee immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the members of the Sustainable Transport Committee established under the PD Act. 24. Board of Valuers existing Board means the Board of Valuers established under the MRTPS Act. (2) The Board of Valuers established under the PD Act is a continuation of and the same legal entity as the existing Board with the same rights and obligations as the existing Board. (3) If in a written law or other document or instrument there is a reference to the existing Board, the reference may, where the context so requires, be read as if it had been amended to be a reference to the Board of Valuers established under the PD Act. (4) The persons who were members of the existing Board immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the members of the Board of Valuers established under the PD Act. Division 3 — Transitional provisions 25. Subsidiary legislation and fees (1) Regulations made under — (a) section 8 of the TPD Act or section 26 of the MRTPS Act continue in force as if they were made under section 256 of the PD Act; (b) section 9(1) of the TPD Act continue in force as if they were made under section 258 of the PD Act; (c) section 9(2b) of the TPD Act continue in force as if they were made under section 259 of the PD Act; (d) section 33B of the TPD Act continue in force as if they were made under section 261 of the PD Act; (e) section 44 of the MRTPS Act, section 58 of the WAPC Act or section 27A(5) or 34 of the TPD Act continue in force as if they were made under section 263 of the PD Act, and may be amended or repealed accordingly. (2) Local laws made under section 31 of the TPD Act continue in force as if they were made under section 262 of the PD Act and may be amended or repealed accordingly. (3) Fees prescribed under section 29 of the TPD Act continue, until fees are set under section 20 of the PD Act, to be chargeable and payable as if the fees were set under section 20 of the PD Act. 26. Planning schemes in course of preparation Any planning scheme that, on the commencement day, is being prepared under the TPD Act or the WAPC Act may continue to be prepared as if the steps taken under that Act were taken under the PD Act. 27. Caveats (1) A caveat lodged under section 36 of the MRTPS Act or section 35 or 36 of the WAPC Act but not registered before the commencement day may be registered under section 180 or 181 of the PD Act, as the case requires, as if it were a notification under that section of the PD Act. (2) A caveat — (a) registered under section 36 of the MRTPS Act or section 35 or 36 of the WAPC Act; and (b) subsisting immediately before the commencement day, is taken to be a notification registered under section 180 or 181 of the PD Act, as the case requires. Division 4 — Other savings 28. Section 9(4) and (5) TPD Act The repeal of section 9(4) and (5) of the TPD Act does not affect the validity of any town planning scheme, amendment to a town planning scheme, act or thing referred to in section 9(4) of the TPD Act, and those subsections continue to apply in relation to those schemes, amendments, acts and things as if the subsections had not been repealed. 29. Section 28A(5) TPD Act Section 28A(5) of the TPD Act continues to apply in relation to liability and matters referred to in that subsection as if section 28A had not been repealed. 30. Section 37A(4a) MRTPS Act The repeal of section 37A(4a) of the MRTPS Act does not affect the validity of any agreement, act, matter or thing referred to in that subsection, and that subsection continues to apply in relation to those agreements, acts, matters and things as if the subsection had not been repealed. Part 4 — Validation provision 31. Validation of certain endorsed approvals Any approval of the Commission endorsed on a diagram or plan of survey of a stage of a subdivision under the *Town Planning and Development Act 1928* before the coming into operation of this section is taken to be, and always to have been, as valid and effective as it would have been if section 145 of the *Planning and Development Act 2005* had been in operation at the time of the endorsement and the approval had been endorsed under that section. 8 Under the *Commonwealth Places (Mirror Taxes Administration) Act 1999* s. 7 this Act is to be read and construed with any modifications referred to in subsection (1) of that section and, in particular, with the modifications set out in the *Commonwealth Places (Mirror Taxes Administration) Regulations 2007*. 9 Under the *Commonwealth Places (Mirror Taxes) Act 1998* s. 8(2) of the Commonwealth, this Act is to be read and construed with any modifications referred to in subsection (1) of that section and, in particular, with the modifications set out in the *Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007*. 10 The *Approvals and Related Reforms (No. 4) (Planning) Act 2010* s. 56(4) is a transitional provision that is of no further effect. 11 The *Planning and Development Act 2005* s. 149 was deleted by the *Statutes (Repeals and Minor Amendments) Act 2025* s. 30(2) before it purported to come into operation. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** 2023 amendment Act 297 Account 4(1) affected local government 122B(3B) alleged offender 226 amend 181(16C) amended Act 290(1) amended section 138(3)(a) 311(1) amended section 171R(1)(b)(ii) 311(1) amended section 33(2) 304(1) amendment 175(2B) amendment Act 175(2B), 181(16C) amendment day 122B(7) ancillary structure 257C(1) applicable legal instrument 269(1) applicable planning instrument 171H(1) applicant 253(1) approved development 171ZE artificial waterway 4(1) assessed scheme 217(1) authorised officer 235A authorised purpose 235A Authority 4(1) board 4(1) Board 172, Sch. 9 cl. 1 board of management 306(1) building line Sch. 8 cl. 8(2) business arrangement 15(5) CEO 257C(1) chairperson 4(1) chief executive officer 4(1) commencement day 175(2B), 181(16C), 289(1), 290(1), 291(1), 292(1), 293(1), 298(1) Commission 4(1) committee 302(1), 303(1), 304(1), 305(1), 307(1) conflict 171ZE, 171ZI(2) conflicts 171ZI(1) Coordinator General 4(1) cost of providing a road 159(3) COVID-19 emergency start date 287 CPI 159(2) Crown land 4(1) DAP 4(1) decision-maker 171ZJ(1), 171ZL(1), 171ZO(1) decision period 253(1) deemed provision 257B(1) designated person 226 design review 171H(1) development 4(1), 269(1) development application 4(1), 171H(1), 269(1) development approval function 257C(1) Development Assessment Panel 4(1) district 4(1) document 18(4) electronic planning map 267B(2) entry warrant 235A, 235F(1) entry warrant application 235A environmental condition 4(1), 217(1) environmental harm 217(1) EPA 4(1) EP Act 4(1) existing member 300(1), 302(1), 303(1), 305(1) existing nominated member 306(1) existing strata titles scheme 145B(1), 149A(1) extended recovery period 269(1) fee 261(1) first owner 154(2) former Act 290(1) former Part 17 Division 3 298(1) function 266(1) Government agreement 4(1) Heritage Council 4(1) improvement plan 4 improvement scheme 4(1) improvement scheme area 4(1), 122A(2) information 18(4) instructions 39(1) interim development order 4(1) issue 261(1) JDAP 289(1) judicial member 236(5) land 4(1), 136(3) later subdivider 159(1) LDAP 289(1) legal instrument 269 licence 261(1) licence to use or occupy 136(3) licensed valuer 155(1) local interim development order 4(1) local order area 4(1) local planning scheme 4(1) local planning strategy 171H(1) lot 4(1) mandatory significant development 171H(1), 171I(2) market value of land 155(1), 159(2) meeting 266(1) member 4(1), 266(1) metropolitan improvement scheme 199(1A) metropolitan region 4(1) Metropolitan Region Scheme 4(1) mining 269(1) Minister 245(5) Minister for Lands 267A(1) Minister for the Environment 4 minor modification 267B(1) minor region planning scheme amendment 56A model provision 257A(1) MRA Act 306(1) MRI Account 4(1) new board 299(1), 301(1) new Schedule 2 clause 1(1) 305(1) new Schedule 2 clause 3(2) 302(1) new Schedule 2 clause 4(2) 303(1) new section 10 299(1) new section 11 299(1) new section 12 299(1) new section 19 299(1) non-conforming use 122C(4), 172 normal decision-maker 171H(1), 269(1) occupier 235A officer of the Commission 4(1) original compensation 181(1) original map 267B(2) original period 145A(7) original subdivider 159(1) other local government 210(1) Part 11B regulations 171H(1) Part 11C regulations 171ZE Part 17 regulations 269(1) participate 15(5) party 237 planning code 4(1) planning control area 4(1) planning instrument 171A(1), 267B(1) planning markings 267B planning matter 261(1) planning scheme 4(1), 236(1) pollution 217(1) preparation and approval process 290(1) prescribed development application 171A(1) prescribed development approval functions 257C(2) prescribed offence 226(6) prescribed significant development 171H(1), 171I(1), 171ZE President 237 procedural provision 171H(1) proposed amendment 45(1) proposed planning code or amendment 32B(2) proposed State planning policy or amendment 28(2) public authority 4(1) public purpose 172 public work 4(1) R-Codes 291(1) reconstitution day 299(1) recovery period 269(1) refund 181(1) region 4(1) regional interim development order 4(1) regional order area 4(1) region planning scheme 4(1) register 181(17), 197(6) Registrar 181(17), 197(6) relevant development approval 171ZE, 171ZG(1) relevant existing member 304(1) relevant land 190(2), 191(1A) relevant legal instrument 171ZE relevant planning scheme 175(2B) remote communication 235A removed land 122E(1), 122EA(1), 122G(1) repeal day 122B(7), 308 repealed section 66(2) 309(1) repealed section 93 310(1) responsible authority 4(1), 170(1A) responsible Minister 171ZE road 4(1), 135(3), 159(2), Sch. 8 cl. 7(2) and 8(2) scheme start day 138A(1) second owner 154(2) significant development 269(1) significant development application 171H(1) single house 257C(1) single house development 257C(1) spatial data 267B(1) specified 99(3), 103(3), 294(1), 313(1) start day 122D(1) State development area 4(1) State development area declaration 4(1) State development area improvement scheme 4(1) State development area plan 4(1) State Development Minister 4(1) State planning policy 4(1) subdivision 4(1) subsequent improvement scheme 122EA(1), 122EB(1) substantially commenced 171H(1), 269(1) Swan Valley 4(1) Swan Valley approval 138A(2) Swan Valley Planning Scheme 4(1) title application 146(2) transitional matter 294(1), 313(1) Tribunal 283(2) Tribunal member 237 utility services 4(1) vehicle offence 225(1) WALGA 4(1) warehouse 269(1) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ROGER JACOBS, Acting Government Printer