Planning and Development (Planning Codes) Regulations 2024 (Western Australia)

These regulations set out the step‑by‑step rules the Western Australian Planning Commission and the Minister must follow to prepare, advertise, approve, amend and repeal planning codes. The Commission must publish proposals for public inspection and invite submissions; the Minister must approve codes or amendments before they take effect (rr.3,7,9,14). Who decides: the Commission (preparation, advertising, publication) and the Minister (approval, modification) (rr.5,9,14). Who pays: administrative and participation costs fall on the Commission and on notified bodies, local governments and landowners who engage in the process (rr.7,11,12).

These regulations set out the procedural framework for creating, advertising, approving, amending and repealing planning codes in Western Australia under the Planning and Development Act 2005. They operationalise how the Western Australian Planning Commission (the Commission) prepares proposed planning codes and proposed amendments, the public advertising and submissions process, the Minister’s role in approving advertising and final approval, how instruments of repeal are handled, and transitional rules for R‑Codes material that was started under the former Act (see regulation 3, regulations Part 2 and Part 3, and Part 4).

Mechanically, the core steps the instrument prescribes are as follows. If the Commission prepares a proposed planning code under section 32A(1) of the Act, the proposed code must be advertised for public inspection and submissions in accordance with Part 2 Division 2, and then approved by the Minister in accordance with Part 2 Division 3 before it comes into effect (regulation 3(2)). The Commission may prepare proposed amendments to planning codes, with Ministerial agreement or direction required except where the amendment is a standard amendment (regulation 5). The regulations classify amendments as administrative, standard (non-substantial), or substantial, with different procedural consequences (regulation 4).

Advertising required under regulation 7 must be published on the Commission’s website for the whole advertising period and include the Commission’s advertisement and a copy of the proposed planning code or amendment (regulation 7(2)). Advertising periods are fixed in regulation 8: 90 days for a proposed planning code or a proposed substantial amendment, 60 days for a proposed standard amendment (other than an administrative amendment), with the Commission permitted to extend periods in certain circumstances (regulation 8). For instruments of repeal the advertising period is 30 days unless the Commission chooses to align it with a longer related amendment advertising period (regulation 20).

The Minister has multiple points of control: approval to advertise a proposed planning code or proposed substantial amendment is required before advertising (regulation 9), the Minister may require modification or refuse advertising, and following Commission consideration of submissions the Minister may approve, require modification of, or refuse to approve an amendment or code submitted for final approval (regulation 14). Repeal of a planning code can happen either by a new code that expressly repeals the earlier code, or by an instrument of repeal prepared and approved in the manner set out in Part 3 (regulation 18).

The regulations are procedural rather than punitive; they set out the administrative sequence for public notice, consultation, publication and Ministerial decisions, and establish minimum content and timing requirements for advertisements, submission windows and notices to affected local governments and interested parties (see regulations 10 to 13, 16, 21, 23). They also require the Commission to publish consolidated copies of all codes in operation on its website (regulation 17), and set transitional rules for R‑Codes processes that began under the former Act (regulations 28 to 30). The regulations commenced 1 March 2024 (regulation 2) and are compiled as SL 2024/24, with a consequential amendment noted in the compilation table (SL 2024/99).

The regulations rely on a small set of defined concepts that determine procedural paths and timeframes. Key definitions are in regulation 4 and include administrative amendment, proposed planning code, proposed amendment, proposed administrative amendment, proposed standard amendment, proposed substantial amendment, standard amendment, substantial amendment, advertising period and submission period. The definition of administrative amendment is functional: an administrative amendment is a standard amendment that corrects administrative or minor errors, or ensures consistency with public planning documents, and is “highly likely” to have no adverse effect on any land or landowner or occupier (regulation 4, definition of administrative amendment). That dual test,both categorical examples and the “highly likely” effects criterion,operationally distinguishes administrative amendments from standard and substantial amendments.

The Commission is the primary actor preparing proposed planning codes and proposed amendments (regulation 5(1)). The Minister features twice: the Commission may prepare an amendment only with the Minister’s agreement or on the Minister’s direction, except for standard amendments which do not require Ministerial agreement or direction to be prepared (regulation 5). The Minister must also approve advertising of a proposed planning code or proposed substantial amendment before it is advertised (regulation 9), and must approve an approved planning code or approved amendment before it comes into effect (regulation 14(3)). For instruments of repeal the Commission prepares the instrument with the Minister’s agreement or direction and the Minister must approve under regulation 25(2) (regulation 18(1)(b)).

Public participation is structured by publication on the Commission’s website for the whole advertising period (regulation 7(2)), a prescribed minimum advertising period depending on type (regulation 8), and a requirement that advertisements contain a statement of purpose and list published documents, invite submissions, and disclose whether a proposed planning code repeals another code (regulation 10). The submission process is specified: submissions may be electronic or hard copy, the Commission sets the manner of submission, and the submission period is the same as the advertising period (regulation 11). The Commission must consider all submissions that meet the procedural requirements during the submission period (regulation 13).

The process provides for iterative modification: after considering submissions the Commission may modify a proposed planning code or amendment and then submit it to the Minister, or re-advertise where required or chosen (regulation 14(1), (5)-(7)). The Minister may require modifications and may require the modified proposal to be re-advertised (regulation 14(3)-(6)). For repeal, the instrument must be advertised and submissions considered in a similar way (regulations 19 to 25). The Commission has discretion to publish “any other document” it considers appropriate when advertising or after approval (regulation 7(2)(c), regulation 15(1)(c), regulation 19(2)(d)), which creates flexibility in the record made available online.

Primary decision-makers: The Commission is the central implementing body. It prepares proposed planning codes and amendments, publishes advertisements and documents on its website, receives and considers public submissions, modifies proposals, publishes approved codes or amendments, and must provide notices to bodies and persons (regulations 3, 5, 7, 13, 15, 16, 17, 26, 27). The Commission also determines advertising period extensions in specified circumstances (regulation 8(1)(a)(ii), 8(2), 20(2)), and decides whether to consider submissions beyond those it is strictly required to consider (regulations 13(b) and 24(b)). The regulations therefore allocate implementation duties and publication duties squarely to the Commission.

Minister: The Minister has gatekeeping power at multiple stages. The Minister must approve advertising of a proposed planning code or proposed substantial amendment under regulation 9(1). The Minister receives the submitted proposals after Commission consideration of submissions and may approve, require modification, or decline to approve a proposed planning code or proposed amendment under regulation 14(3). For instruments of repeal the Minister may approve the instrument whether or not the Commission recommends repeal (regulation 25(2)). The Minister may also require the Commission to modify a proposed planning code or amendment and may require that modified materials be re-advertised (regulations 9(2)(b), 14(3)-(6)). Thus the Minister makes final decisions to permit advertising and to approve instruments that change the planning code environment.

Local government: Local governments are recipients of written notice if the Commission considers the district is likely to be affected by a proposed planning code, proposed amendment or instrument of repeal (regulations 12(a), 23(a), 16(1)(a), 27(1)(a)). They are therefore notified stakeholders with an opportunity to make submissions during the advertising period.

Government agencies, representative groups and interested persons: The Commission must give written notice to agencies, representative groups or persons it considers have an interest (regulations 12(b), 23(b)), and must notify those who were notified if the proposal is approved (regulations 16(1)(a), 27(1)(a)). These groups are potential submitters and consultees.

Owners and occupiers of land, and the general public: The advertising and submissions regime is designed to enable owners, occupiers and the public to inspect proposed planning codes and amendments and make submissions. The regulations contemplate submissions either electronically or in hard copy and require the submission period to equal the advertising period (regulations 11 and 22). The definition of administrative amendment turns on the likely absence of adverse effect to any land, owner or occupier (regulation 4), meaning owners and occupiers are affected by the classification decision.

Duties on the Commission

Preparation duties: The Commission may prepare proposed planning codes under section 32A(1) of the Act and may prepare proposed amendments with the Minister’s agreement or direction, except for standard amendments where Ministerial agreement is not required for preparation (regulation 3(2), regulation 5). The Commission must take into account a prescribed set of factors when preparing a proposed planning code or proposed amendment, including demographic, social and economic factors, conservation of natural or cultural resources, land characteristics, land use disposition, amenity, communications, public authority developmental requirements, and natural hazard risks (regulation 6(1)-(2)). These are mandatory matters to consider.
Advertising duties: Where advertising is required, the Commission must publish the advertisement and a copy of the proposed planning code or amendment and any other documents it considers appropriate on its website for the whole advertising period (regulation 7(1)-(2)). The Commission must prepare an advertisement that contains a statement of purpose, indicates whether a proposed planning code repeals another planning code, explains why a proposed standard amendment is standard (if applicable), lists documents published on the website, invites public submissions and contains any other information the Commission considers appropriate (regulation 10).
Submission handling: The Commission must invite submissions, specify submission methods (electronic or hard copy) and ensure the submission period equals the advertising period (regulations 11 and 22). It must consider all submissions that are properly made during the submission period and in accordance with prescribed requirements (regulation 13(a), 24(a)). The Commission may accept and consider submissions outside those strict requirements if it chooses (regulation 13(b), 24(b)).
Modification and resubmission: After considering submissions, the Commission must make considered modifications, submit proposals to the Minister, and, where required by the Minister, re-advertise modified proposals or submit modified proposals to the Minister (regulation 14(1), (5)-(7)).
Publication after approval: As soon as practicable after publication under the Interpretation Act, the Commission must publish notices of when approved instruments come into operation and copies of approved planning codes or updated codes reflecting amendments on its website (regulation 15(1)-(b)). The Commission must also ensure a consolidated copy of each planning code in operation is published on the website (regulation 17).

These regulations primarily prescribe administrative procedure and do not set out express criminal or civil penalties for non-compliance within their text. The document contains no penalty provisions, infringement notices, or prescribed fines for failing to comply with publication, advertisement, consultation or submission-handling duties. The regulatory mechanism for ensuring compliance is administrative supervision, specifically:

Ministerial approval powers: The Minister controls whether a proposed planning code or proposed substantial amendment can be advertised (regulation 9(1)) and whether a submitted proposal is approved (regulation 14(3)). The Minister may require modifications, refuse approval to advertise, or decide not to approve a proposal (regulation 9(2), regulation 14(3)). Ministerial refusal or modification requests are administrative levers that effectively block or delay implementation until the Commission complies with directions.
Procedural contingencies: The Commission must follow prescribed publication and consultation processes (regulation 7(2), regulation 10, regulation 11, regulation 13). Failure to follow those steps may result in the Minister refusing to approve the proposal, or the need to re-run advertising and consultation to meet the regulation’s requirements. Regulation 14(5) specifically contemplates the Minister requiring that a modified proposal be advertised in the manner specified in the Minister’s notice.
Publication and record obligations: The Commission is required to publish notices and copies of approved instruments on its website and to notify affected parties as soon as practicable after publication in accordance with the Interpretation Act 1984 section 41(1) (regulations 15, 16, 26, 27). These transparency duties work as an accountability mechanism; failure to fulfil them undermines the public record and may be addressed through administrative oversight, though nothing in the regulations creates a direct sanction.
Consideration of submissions: The Commission must consider all submissions that meet the procedural requirements during the submission period (regulation 13(a), regulation 24(a)). That duty can be enforced through administrative review processes under the Act or judicial review doctrines where available, but these regulations do not establish a specific review pathway.

Consequences of non-compliance therefore are primarily practical and administrative: delayed or refused approval, potential re-advertising, and possible reputational or political consequences. The regulations require that Ministerial decisions be given in writing (regulation 9(3), regulation 14(4), regulation 25(3)), making the decision record auditable. Where parties consider procedural requirements were breached, remedies would depend on the Act and general administrative law rather than on penalties contained in these regulations. Users should consult the primary Act and applicable administrative law processes for enforcement and review mechanisms that sit outside the regulations themselves.

Statutory hierarchy and primary Act references

These regulations operate under the Planning and Development Act 2005. The regulations explicitly link the procedural steps to the Act, for example by stating that a proposed planning code prepared under section 32A(1) of the Act must be advertised and approved under Part 2 (regulation 3(2)). They also reference other sections of the Act indirectly, for example requiring the Commission to prepare public planning documents under functions described in the Act (regulation 4 definition of public planning document referring to section 14(c) and (d) of the Act). Users must read these regulations alongside the Act to understand the substantive powers, the Commission’s statutory functions and any appeal or review mechanisms found in primary legislation.
The regulations rely on the Interpretation Act 1984 section 41(1) for timing of publication and commencement, and require publication obligations to follow the Interpretation Act framework (regulations 15, 16, 18, 25, 26, 27). That cross-reference fixes when approved planning codes, amendments and instruments of repeal "come into operation" and anchors the Commission’s publication duties to established commencement mechanics.

Transitional links to the former Act

The regulations provide transitional provisions for the Residential Design Codes (R‑Codes) processes that began under the former Act (Part 4). Regulation 29 permits consultation and public notice processes commenced under section 28 of the former Act to be completed under the former Act rather than under these regulations, where the consultation had begun before 1 March 2024. The accompanying note references section 291 of the Act that takes the R‑Codes to be planning codes on and after 1 March 2024. Regulation 30 further specifies how proposed R‑Codes amendments that completed consultation under the former Act are to be treated as complying with Part 2 Division 2 of these regulations. These provisions create a bridge between the old statutory regime and the new planning codes framework.

Overlap with other planning instruments

The definition of "public planning document" in regulation 4 includes State planning policies, planning codes, and documents prepared by the Commission under particular functions of the Act, provided they are publicly available and their preparation involved public consultation. This ties the regulations to existing planning instruments and insists that amendments to planning codes be consistent where necessary with public planning documents (regulation 4 definition and regulation 4(1)(a)(iii) under administrative amendments). The regulations therefore require the Commission to ensure coherence between planning codes and other public planning documents when preparing administrative amendments.

The regulations came into operation on 1 March 2024 (regulation 2). The compilation table attached to the instrument records the primary statutory instrument citation as Planning and Development (Planning Codes) Regulations 2024, SL 2024/24, published 21 February 2024 with commencement 1 March 2024. The compilation table also records consequential amending regulations: Planning and Development Regulations Amendment (Consequential Matters) Regulations 2024, SL 2024/99, Part 2, published 12 June 2024 and commencing 1 July 2024 (compilation table). The text itself flags that regulation 4 (the definitions) was amended by SL 2024/99 r.4 (see the bracketed note after the defined terms at regulation 4).

Transitional provisions in Part 4 allow processes commenced under the former Act to be completed under the former Act rather than under these regulations in certain limited circumstances (regulation 29), and provide how proposed R‑Codes amendments that were subject to consultation under the former Act are to be treated when these regulations apply (regulation 30). The inclusion of these transitional provisions indicates the drafters anticipated material in mid-process when the new regulations commenced.

The regulations as printed include an internal note that the list of defined terms is not part of the law and provide a compilation table. The compilation table is the statutory method used in Western Australia publications to identify amendment history and commencement dates. The specific change recorded by the compilation table is limited to the SL 2024/99 consequential amendments; no other amending instruments are recorded on the printed compilation table in the material supplied.

Practitioners must therefore check the Western Australian legislation database for any further amendments post-publication, and must pay attention to the SL 2024/99 amendment to regulation 4 which alters defined-term content. As these procedural rules interlock with the Act and the Interpretation Act 1984, any future amendment to those Acts or consequential regulations could change operational details such as publication timing, commencement mechanics or defined-term meanings.

The regulations as provided contain no reported litigation history. The text does not name any cases, and the compilation table lists only the statutory instrument history for commencement and a consequential amending regulation. There are no judicial decisions noted in the instrument that interpret these regulations.

Because the instrument primarily sets procedural requirements,timings for advertising and submissions, Ministerial decision points, publication duties and transitional arrangements,disputes that might generate litigation would be most likely to concern procedural compliance, adequacy of consultation, or the Minister’s exercise of discretion under regulations 9, 14 and 25. However, the regulations themselves do not state appeal routes or merits review details, and any challenge would depend on the remedies available under the Planning and Development Act 2005 and general administrative law principles rather than on the regulations listing specific review mechanisms.

Practitioners seeking authorities should therefore examine case law under the Planning and Development Act 2005, and judicial review jurisprudence on administrative procedure and consultation obligations, for precedents that might be applicable. The absence of litigation references in the instruments supplied means this deep dive cannot identify cases applying these specific regulations. Any party contemplating litigation on procedural grounds should map the regulatory obligations (for example the Commission’s duty to publish material for the whole advertising period under regulation 7(2), the duty to consider submissions under regulation 13, and the Minister’s powers under regulations 9 and 14) to the available remedies under the Act and general administrative law.

Classification traps: The regulations hinge on the classification of an amendment as administrative, standard or substantial. An administrative amendment is defined narrowly and requires both that the amendment fits listed categories (for example, correcting administrative errors, maps, or ensuring consistency with a public planning document) and that it is "highly likely" to have no adverse effect on any land or owner or occupier (regulation 4). If the Commission misclassifies an amendment as administrative when there is a non-negligible chance of adverse effect, the Commission may bypass advertising obligations that would otherwise apply under regulation 7. That classification decision is consequential and merits careful documentation.

Ministerial involvement and timing: For proposed planning codes and proposed substantial amendments, the Commission cannot advertise without the Minister’s prior approval (regulation 9(1)). That creates a sequencing dependency; delays in securing Ministerial approval to advertise can extend project timelines beyond the statutory advertising periods. Similarly, after the Commission considers submissions and submits a proposal to the Minister, the Minister can require modifications and may mandate re-advertising of a modified proposal (regulation 14(5)). This creates potential for iterative cycles that add time and administrative cost.

Advertising mechanics and website dependence: Advertising must be by publishing the advertisement, the proposed code or amendment, and any other documents the Commission considers appropriate on the Commission’s website for the whole advertising period (regulation 7(2)). That centralises public access online. Practically, this means the integrity, timeliness and accessibility of the Commission’s website directly affect the legality of the advertising process. Any failure to ensure the material is publicly available for the whole advertising period could raise procedural challenges.

Asynchronous notice: The Commission is required to give written notice to local governments and interested parties "as early as practicable during the advertising period" (regulations 12 and 23). That phrasing allows the Commission discretion as to the timing of targeted written notices within the advertising window. Practitioners should note that website publication is the baseline advertising method; written notices to identified stakeholders are an additional duty that may occur after website publication but within the advertising period.

Different timeframes for different instruments: Advertising periods vary: 90 days for a proposed planning code or substantial amendment, 60 days for standard amendments that are not administrative, and 30 days for instruments of repeal (regulations 8 and 20). Where an instrument of repeal is connected with an amendment that has a longer advertising period, the Commission may advertise concurrently with the longer period (regulation 20(2)). Failure to align and plan for these different periods can cause missed opportunities to comment or inadequate synchronisation where linked changes are proposed.

This is a practical step-by-step compliance checklist, with references to the relevant regulations. Separate checklists are provided for the Commission (or project lead preparing a proposal), the Minister’s office, local governments and other notified parties, and for private persons or organisations who wish to make submissions.

For the Commission or project lead preparing a proposed planning code or amendment

Determine the type of proposal: Is it a proposed planning code, a proposed substantial amendment, a proposed standard amendment, or a proposed administrative amendment? Use the definitions in regulation 4 to classify the amendment. Administrative amendments must satisfy both the category tests and that it is highly likely there will be no adverse effect on any land, owner or occupier (regulation 4).
Take account of required matters: When preparing the proposed planning code or amendment, document how the Commission accounted for the factors in regulation 6(2): demographic, conservation, land characteristics, land use disposition, amenity and design, communications, developmental requirements of public authorities, and hazard risks (regulation 6).
Ministerial agreement/direction: If preparing a proposed amendment, confirm whether Ministerial agreement or direction is required. Ministerial agreement or direction is not required where the proposed amendment is a standard amendment (regulation 5(1)-(2)). For proposed planning codes and proposed substantial amendments, plan to seek the Minister’s approval to advertise before publishing (regulation 9(1)).
Prepare advertisement and documents: Prepare an advertisement that contains a statement of purpose, identifies whether the proposed planning code repeals another planning code, explains why a standard amendment is a standard amendment when relevant, lists documents to be published on the Commission’s website, and invites public submissions in accordance with regulation 11 (regulation 10).
Website publication for advertising period: Publish the advertisement, a copy of the proposed planning code or amendment, and any other documents the Commission considers appropriate on the Commission’s website for the whole advertising period (regulation 7(2)).
Set and publish submission requirements: Specify whether submissions can be electronic or hard copy, set out the methods for submission, and ensure the submission period equals the advertising period (regulation 11). Preserve any guidance on the form and content of submissions.

CrestWestern Australia

Planning and Development Act 2005

Planning and Development (Planning Codes) Regulations 2024

Western Australia

Planning and Development (Planning Codes) Regulations 2024

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Overview 1
Terms used 2

Part 2 — Planning codes and amendments to planning codes

Division 1 — Preparation of amendments to planning codes

Preparation of amendment to planning code 5
Matters to be taken into account when preparing proposed planning code or proposed amendment 5

Division 2 — Advertising planning codes and amendments that are not administrative amendments

Requirement to advertise 6
Advertising period 6
Ministerial approval to advertise 7
Information to be advertised 8
Public submissions 9
Notice of proposal 9
Consideration of submissions 10

Division 3 — Approval and publication of planning code or amendment

Minister’s approval of proposed planning code or proposed amendment 10
Documents to be published on Commission’s website following approval of planning code or amendment 13
Notice of approved planning code or amendment 13
Publication of planning codes 14

Part 3 — Repeal of planning codes

Division 1 — Preliminary

Repeal of planning code 15

Division 2 — Advertising instrument of repeal

Requirement to advertise instrument of repeal 16
Advertising period 16
Information to be advertised 17
Public submissions 17
Notice of proposed repeal of planning code 17
Consideration of submissions 18

Division 3 — Approval and publication of instrument of repeal

Minister’s approval of instrument of repeal 18
Documents to be published on Commission’s website following approval of instrument of repeal 19
Notice of approved instrument of repeal 19

Part 4 — Transitional provisions

Terms used 20
Consultation and public notice process commenced but not completed before 1 March 2024 20
R‑Codes amendment subject to consultation and public notice process under former Act 21

Notes

Compilation table 22

Defined terms

Planning and Development Act 2005

Planning and Development (Planning Codes) Regulations 2024

Part 1 — Preliminary

1. Citation

	These regulations are the *Planning and Development (Planning Codes) Regulations 2024*.

2. Commencement

These regulations come into operation on 1 March 2024.

3. Overview

(1) These regulations provide for matters relating to the preparation, advertising, approval, amendment and repeal of a planning code.

(2) If the Commission prepares a proposed planning code under section 32A(1) of the Act, in order to be effective, the proposed planning code must —

(a) be advertised, for public inspection and public submissions, in accordance with Part 2 Division 2; and

(b) be approved by the Minister, and come into operation, in accordance with Part 2 Division 3.

(3) The Commission may prepare a proposed amendment to a planning code under Part 2 Division 1.

(4) If the Commission prepares a proposed amendment, in order to be effective, the amendment must —

(a) if required — be advertised, for public inspection and public submissions, in accordance with Part 2 Division 2; and

(b) be approved by the Minister, and come into operation, in accordance with Part 2 Division 3.

(5) A planning code may be repealed in accordance with Part 3.

4. Terms used

In these regulations —

administrative amendment means a standard amendment to a planning code if —

(a) the amendment is any of the following —

(i) an amendment to correct an administrative or minor error;

(ii) an amendment to correct an error that is in, or that otherwise relates to, a map, plan or diagram included in the planning code;

(iii) an amendment to ensure consistency between the planning code and a public planning document, subsidiary legislation or a policy document of a government agency;

(iv) an amendment that is otherwise administrative or minor in nature;

and

(b) it is highly likely that the amendment will have no adverse effect in respect of —

(i) any land; or

(ii) any owner or occupier of any land;

advertising period —

(a) for a proposed planning code or proposed amendment that is required to be advertised under regulation 7 — means the advertising period that applies under regulation 8; or

(b) for an instrument of repeal — means the advertising period that applies under regulation 20;

approved amendment means an amendment to a planning code approved by the Minister under regulation 14(3)(a);

approved planning code means a planning code approved by the Minister under regulation 14(3)(a);

approved planning code or amendment means a planning code, or an amendment to a planning code, approved by the Minister under regulation 14(3)(a);

Commission’s website means a website maintained by, or on behalf of, the Commission;

government agency means —

(a) a department of the Public Service; or

(b) a body, whether incorporated or not, or the holder of an office, post or position, being a body, office, post or position established or continued under a written law for a public purpose;

instrument of repeal has the meaning given in regulation 18(1)(b);

proposed administrative amendment means a proposed amendment that is an administrative amendment;

proposed amendment means a proposed amendment to a planning code prepared by the Commission under regulation 5(1);

proposed planning code means a proposed planning code prepared by the Commission under section 32A(1) of the Act;

proposed standard amendment means a proposed amendment that is a standard amendment;

proposed substantial amendment means a proposed amendment that is a substantial amendment;

public planning document means —

(a) a State planning policy; or

(b) a planning code; or

(c) a document (however named or described) prepared by the Commission under section 14(c)(i), (ii), (iii) or (vi) or (d) of the Act —

(i) that is available to the public; and

(ii) the preparation of which involved a public consultation;

standard amendment means an amendment to a planning code that the Commission considers does not constitute a substantial alteration to the code;

submission period —

(a) for a proposed planning code or proposed amendment — has the meaning given in regulation 11(c); or

(b) for an instrument of repeal — has the meaning given in regulation 22(c);

substantial amendment means an amendment to a planning code that is not a standard amendment.

[Regulation 4 amended: SL 2024/99 r. 4.]

Part 2 — Planning codes and amendments to planning codes

Division 1 — Preparation of amendments to planning codes

5. Preparation of amendment to planning code

(1) The Commission may, with the agreement or on the direction of the Minister, prepare a proposed amendment to a planning code.

(2) Despite subregulation (1), the agreement or direction of the Minister is not required if the proposed amendment is a standard amendment.

6. Matters to be taken into account when preparing proposed planning code or proposed amendment

(1) When preparing a proposed planning code or proposed amendment, the Commission must take into account the factors listed in subregulation (2) in relation to —

(a) the State; or

(b) the portion or portions of the State to which the proposed planning code or proposed amendment is to apply.

(2) The factors are as follows —

(a) demographic, social and economic factors and influences;

(b) conservation of natural or cultural resources for social, economic, environmental, ecological and scientific purposes;

(d) characteristics and disposition of land use;

(e) amenity, design and environment;

(f) communications;

(g) developmental requirements of public authorities;

(h) risks associated with natural hazards and other hazards.

Division 2 — Advertising planning codes and amendments that are not administrative amendments

7. Requirement to advertise

(1) The Commission must advertise the following, for public inspection and public submissions —

(a) a proposed planning code;

(b) a proposed substantial amendment;

(2) For the purposes of subregulation (1), the proposed planning code or proposed amendment must be advertised by publishing the following on the Commission’s website for the whole of the advertising period —

(a) the advertisement prepared under regulation 10;

(b) a copy of the proposed planning code or proposed amendment;

8. Advertising period

(1) The advertising period for a proposed planning code or proposed amendment required to be advertised under regulation 7 is —

(a) for a proposed planning code or a proposed substantial amendment —

(i) 90 days; or

(ii) a longer period that the Commission considers appropriate;

(b) for a proposed standard amendment (other than a proposed administrative amendment) — 60 days.

(2) Despite subregulation (1)(b), the Commission may decide on a longer advertising period for a proposed standard amendment (other than a proposed administrative amendment) if the Commission considers that it is appropriate to do so in order to enable the proposed amendment to be advertised concurrently with any other document that is required to be advertised under the Act.

9. Ministerial approval to advertise

(1) The Commission must, before advertising a proposed planning code or proposed substantial amendment under regulation 7 —

(a) submit the proposed planning code or proposed amendment to the Minister; and

(b) obtain the Minister’s approval to advertise the proposed planning code or proposed amendment.

(2) If a proposed planning code or proposed substantial amendment is submitted under subregulation (1)(a) or (5), the Minister may —

(a) approve the proposed planning code or proposed amendment for advertising; or

(b) require the Commission to modify the proposed planning code or proposed amendment; or

(3) The Minister must give the Commission written notice of a decision under subregulation (2).

(4) If the Minister requires the proposed planning code or proposed substantial amendment to be modified under subregulation (2)(b), the notice must describe the modification required.

(5) If given a notice referred to in subregulation (4), the Commission must modify the proposed planning code or proposed substantial amendment as required and submit the modified proposed planning code or proposed substantial amendment to the Minister.

10. Information to be advertised

For the purposes of regulation 7, the Commission must prepare an advertisement, which must —

(a) contain a statement of the purpose of the proposed planning code or proposed amendment; and

(b) if the advertisement relates to —

(i) a proposed planning code — specify if the proposed planning code repeals another planning code; or

(ii) a proposed standard amendment (other than a proposed administrative amendment) — contain a statement explaining why the Commission considers that the amendment is a standard amendment;

and

(c) list the documents related to the proposed planning code or proposed amendment published on the Commission’s website under regulation 7(2)(b) and (c); and

(d) invite public submissions on the proposed planning code or proposed amendment in accordance with regulation 11; and

(e) contain any other information that the Commission considers appropriate.

11. Public submissions

For the purposes of regulation 10(d), the invitation must —

(a) provide that a submission may be made either electronically or in hard copy form; and

(b) set out the way in which an electronic submission must be made and the way in which a hard copy submission must be made; and

(c) set out the period (the submission period) during which a submission must be made, which must be the same period as the advertising period; and

(d) set out any other requirements that the Commission considers appropriate and with which a submission must comply.

12. Notice of proposal

The Commission must, as early as practicable during the advertising period for a proposed planning code or proposed amendment advertised under regulation 7, give written notice of the advertisement prepared under regulation 10 to the following —

(a) any local government the district of which the Commission considers is likely to be affected by the proposed planning code or proposed amendment;

(b) any government agency, representative group or person that the Commission considers has an interest in the proposed planning code or proposed amendment.

13. Consideration of submissions

The Commission, in relation to a proposed planning code or proposed amendment that has been advertised under regulation 7 —

(a) must consider all submissions that are made in response to the invitation under regulation 10(d) —

(i) during the submission period; and

(ii) in accordance with the requirements referred to in regulation 11(b) and (d); and

(iii) if the submissions relate to a proposed standard amendment — that are directed to the proposed amendment;

and

(b) may, if the Commission considers it appropriate to do so, consider a submission —

(i) that is made in response to the invitation under regulation 10(d); but

(ii) that the Commission is not required to consider under paragraph (a).

Division 3 — Approval and publication of planning code or amendment

14. Minister’s approval of proposed planning code or proposed amendment

(1) After the Commission has completed its consideration of submissions under regulation 13 in relation to a proposed planning code, a proposed substantial amendment or a proposed standard amendment (other than a proposed administrative amendment), the Commission must —

(a) make the modifications, if any, it considers appropriate to make to the proposed planning code or proposed amendment, including as a result of those submissions; and

(b) submit the proposed planning code or proposed amendment to the Minister.

(2) After preparing a proposed administrative amendment, the Commission must submit the proposed amendment to the Minister.

(3) If a proposed planning code or proposed amendment is submitted to the Minister under subregulation (1)(b), (2), (6)(b)(iii) or (7)(c) the Minister may —

(a) approve the proposed planning code or proposed amendment; or

(b) require the Commission to modify the proposed planning code or proposed amendment; or

(4) The Minister must give the Commission written notice of a decision under subregulation (3).

(5) If the Minister requires a proposed planning code or proposed amendment to be modified under subregulation (3)(b), the notice under subregulation (4) —

(a) must describe the modification required; and

(b) in the case of a proposed planning code, a proposed substantial amendment or a proposed standard amendment that is not an administrative amendment — may include a requirement that the Commission advertise the modified proposed planning code or proposed amendment in the manner specified in the notice.

(6) If given a notice referred to in subregulation (5), the Commission must —

(a) modify the proposed planning code or proposed amendment as required; and

(b) do whichever of the following is applicable —

(i) if required to do so by the Minister under the notice — advertise the modified proposed planning code or proposed amendment in the manner required;

(ii) in the case of a proposed planning code, a proposed substantial amendment or a proposed standard amendment that is not an administrative amendment, if subparagraph (i) does not apply but the Commission considers that the modified proposed planning code or proposed amendment should be advertised — advertise the modified proposed planning code or proposed amendment in a manner that the Commission considers appropriate;

(iii) if subparagraphs (i) and (ii) do not apply — submit the modified proposed planning code or proposed amendment to the Minister.

(7) If the modified proposed planning code or proposed amendment is advertised by the Commission under subregulation (6)(b)(i) or (ii), the Commission must —

(a) consider any public submissions made on the modified proposed planning code or proposed amendment; and

(b) make the further modifications, if any, it considers appropriate to make to the modified proposed planning code or proposed amendment, including as a result of those submissions; and

15. Documents to be published on Commission’s website following approval of planning code or amendment

As soon as practicable after an approved planning code or amendment is published in accordance with the Interpretation Act 1984 section 41(1)(a), the Commission must publish the following on the Commission’s website —

(a) a notice that states when the approved planning code or amendment came or will come into operation in accordance with the Interpretation Act 1984 section 41(1)(b);

(b) as the case requires —

(i) a copy of the approved planning code; or

(ii) a copy of the planning code that is the subject of the approved amendment, updated to take account of the approved amendment;

16. Notice of approved planning code or amendment

(1) As soon as practicable after an approved planning code or amendment is published in accordance with the Interpretation Act 1984 section 41(1)(a), the Commission must cause notice of the approved planning code or amendment to be provided to the following —

(a) any body or person who was notified under regulation 12;

(b) any body or person who made a submission that was considered by the Commission under regulation 13.

(2) A notice under subregulation (1) must state the following —

(a) when the approved planning code or amendment came or will come into operation in accordance with the Interpretation Act 1984 section 41(1)(b);

(b) that the following is published on the Commission’s website, as the case requires —

(i) a copy of the approved planning code;

(ii) a copy of the planning code that is the subject of the approved amendment, updated to take account of the approved amendment.

17. Publication of planning codes

The Commission must ensure that a consolidated copy of each planning code that is in operation is published on the Commission’s website.

Part 3 — Repeal of planning codes

Division 1 — Preliminary

18. Repeal of planning code

(1) A planning code may be repealed by —

(a) a new planning code that —

(i) comes into operation in accordance with the Interpretation Act 1984 section 41(1)(b); and

(ii) expressly repeals the planning code;

(b) an instrument (instrument of repeal) that —

(i) is prepared by the Commission with the agreement or on the direction of the Minister; and

(ii) is advertised in accordance with regulation 19; and

(iii) is approved by the Minister under regulation 25(2); and

(iv) comes into operation in accordance with the Interpretation Act 1984 section 41(1)(b).

(2) The repeal of a planning code takes effect —

(a) if the code is being repealed by a new planning code — on the day on which the provision of the new planning code that repeals the planning code comes into operation in accordance with the Interpretation Act 1984 section 41(1)(b); or

(b) if the code is being repealed by an instrument of repeal — on the day on which the instrument of repeal comes into operation in accordance with the Interpretation Act 1984 section 41(1)(b).

Division 2 — Advertising instrument of repeal

19. Requirement to advertise instrument of repeal

(1) The Commission must advertise, for public inspection and public submissions, an instrument of repeal prepared under regulation 18(1)(b)(i).

(2) For the purposes of subregulation (1), an instrument of repeal must be advertised by publishing the following on the Commission’s website for the whole of the advertising period —

(a) the advertisement prepared under regulation 21;

(b) a copy of the instrument of repeal;

(d) any other document that the Commission considers it is appropriate to publish.

20. Advertising period

(1) The advertising period for an instrument of repeal is 30 days.

(2) Despite subregulation (1), the Commission may decide on a longer advertising period for an instrument of repeal if —

(a) the instrument of repeal is consequential on or connected with a proposed amendment; and

(b) the advertising period that applies to the proposed amendment is longer than 30 days; and

(c) the Commission considers that it is appropriate for the instrument of repeal and the proposed amendment to be advertised concurrently.

21. Information to be advertised

For the purposes of regulation 19, the Commission must prepare an advertisement, which must —

(a) contain a statement as to why it is proposed to repeal the planning code identified in the instrument of repeal; and

(b) list the documents related to the proposal to repeal the planning code published on the Commission’s website under regulation 19(2)(b) to (d); and

(d) contain any other information that the Commission considers appropriate.

22. Public submissions

For the purposes of regulation 21(c), the invitation must —

(a) provide that a submission may be made either electronically or in hard copy form; and

(b) set out the way in which an electronic submission must be made and the way in which a hard copy submission must be made; and

(c) set out the period (the submission period) during which a submission must be made, which must be the same period as the advertising period; and

(d) set out any other requirements that the Commission considers appropriate and with which a submission must comply.

23. Notice of proposed repeal of planning code

The Commission must, as early as practicable during the advertising period for an instrument of repeal, give written notice of the advertisement prepared under regulation 21 to the following —

(a) any local government the district of which the Commission considers is likely to be affected by the repeal of the planning code;

(b) any government agency, representative group or person that the Commission considers has an interest in the repeal of the planning code.

24. Consideration of submissions

The Commission, in relation to an instrument of repeal —

(a) must consider all submissions that are made in response to the invitation under regulation 21(c) —

(i) during the submission period; and

(ii) in accordance with the requirements referred to in regulation 22(b) and (d);

and

(b) may, if the Commission considers it appropriate to do so, consider a submission —

(i) that is made in response to the invitation under regulation 21(c); but

(ii) that the Commission is not required to consider under paragraph (a).

Division 3 — Approval and publication of instrument of repeal

25. Minister’s approval of instrument of repeal

(1) After the Commission has completed its consideration of submissions under regulation 24, the Commission must —

(a) submit the instrument of repeal to the Minister; and

(b) make a recommendation to the Minister as to whether or not the planning code should be repealed.

(2) The Minister may approve an instrument of repeal submitted under subregulation (1)(a), whether or not the Commission has recommended the repeal.

(3) The Minister must give the Commission written notice of a decision under subregulation (2).

26. Documents to be published on Commission’s website following approval of instrument of repeal

As soon as practicable after an approved instrument of repeal is published in accordance with the Interpretation Act 1984 section 41(1)(a), the Commission must publish the following on the Commission’s website —

(a) a notice that states the day on which the instrument of repeal came or will come into operation in accordance with the Interpretation Act 1984 section 41(1)(b); and

(b) a copy of the instrument of repeal.

27. Notice of approved instrument of repeal

(1) As soon as practicable after an instrument of repeal is published in accordance with the Interpretation Act 1984 section 41(1)(a), the Commission must cause notice of the instrument of repeal to be provided to the following —

(a) any body or person who was notified under regulation 23;

(b) any body or person who made a submission that was considered by the Commission under regulation 24.

(2) A notice under subregulation (1) must include the following information —

(a) when the instrument of repeal came or will come into operation in accordance with the Interpretation Act 1984 section 41(1)(b);

(b) that a copy of the instrument of repeal is published on the Commission’s website.

Part 4 — Transitional provisions

28. Terms used

In this Part —

consultation and public notice process —

(a) means the process required under section 28 of the former Act for consultation, public inspection, notice and making details public, in relation to a proposed amendment to a State planning policy; and

(b) includes the consideration of submissions referred to in section 28(5) of the former Act in relation to the proposed amendment to a State planning policy;

former Act means the Act as in force immediately before 1 March 2024;

proposed R‑Codes amendment means a proposed amendment to the R‑Codes;

R‑Codes means the Residential Design Codes prepared as a State planning policy under section 26(1) of the former Act.

29. Consultation and public notice process commenced but not completed before 1 March 2024

(1) This regulation applies if —

(a) a proposed R‑Codes amendment was prepared as a proposed amendment to a State planning policy under section 31(1) of the former Act before 1 March 2024; and

(b) the consultation and public notice process in relation to the proposed R‑Codes amendment commenced, but was not completed, before 1 March 2024.

(2) The consultation and public notice process may be completed in accordance with the requirements of section 28 of the former Act, rather than these regulations, as if on and after 1 March 2024 the R‑Codes continued to be a State planning policy rather than planning codes.

Note for this regulation:

Under section 291 of the Act, the R‑Codes are taken to be planning codes on and after 1 March 2024.

30. R‑Codes amendment subject to consultation and public notice process under former Act

(1) This regulation applies if —

(a) the consultation and public notice process for a proposed R‑Codes amendment commences before 1 March 2024 and is completed under regulation 29; or

(b) the consultation and public notice process for a proposed R‑Codes amendment is completed before 1 March 2024, but the proposed R‑Codes amendment is not approved by the Governor under section 29(1) of the former Act before 1 March 2024.

(2) For the purposes of the application of these regulations to the proposed R‑Codes amendment as a proposed amendment to a planning code —

(a) the Commission is taken to have complied with the applicable requirements of Part 2 Division 2 in relation to advertising, and considering submissions on, the proposed R‑Codes amendment; and

(b) these regulations apply with any necessary changes.

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Notes

This is a compilation of the Planning and Development (Planning Codes) Regulations 2024 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Planning and Development (Planning Codes) Regulations 2024	SL 2024/24 21 Feb 2024	1 Mar 2024 (see r. 2)
Planning and Development Regulations Amendment (Consequential Matters) Regulations 2024 Pt. 2	SL 2024/99 12 Jun 2024	1 Jul 2024 (see r. 2(b))

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)

administrative amendment 4

advertising period 4

approved amendment 4

approved planning code 4

approved planning code or amendment 4

Commission’s website 4

consultation and public notice process 28

former Act 28

government agency 4

instrument of repeal 4, 18(1)

proposed administrative amendment 4

proposed amendment 4

proposed planning code 4

proposed R-Codes amendment 28

proposed standard amendment 4

proposed substantial amendment 4

public planning document 4

R-Codes 28

standard amendment 4

submission period 4, 11, 22

substantial amendment 4

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 2024.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Planning and Development Act 2005

Planning and Development (Planning Codes) Regulations 2024

Western Australia

Planning and Development (Planning Codes) Regulations 2024

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Overview 1
Terms used 2

Part 2 — Planning codes and amendments to planning codes

Division 1 — Preparation of amendments to planning codes

Preparation of amendment to planning code 5
Matters to be taken into account when preparing proposed planning code or proposed amendment 5

Division 2 — Advertising planning codes and amendments that are not administrative amendments

Requirement to advertise 6
Advertising period 6
Ministerial approval to advertise 7
Information to be advertised 8
Public submissions 9
Notice of proposal 9
Consideration of submissions 10

Division 3 — Approval and publication of planning code or amendment

Minister’s approval of proposed planning code or proposed amendment 10
Documents to be published on Commission’s website following approval of planning code or amendment 13
Notice of approved planning code or amendment 13
Publication of planning codes 14

Part 3 — Repeal of planning codes

Division 1 — Preliminary

Repeal of planning code 15

Division 2 — Advertising instrument of repeal

Requirement to advertise instrument of repeal 16
Advertising period 16
Information to be advertised 17
Public submissions 17
Notice of proposed repeal of planning code 17
Consideration of submissions 18

Division 3 — Approval and publication of instrument of repeal

Minister’s approval of instrument of repeal 18
Documents to be published on Commission’s website following approval of instrument of repeal 19
Notice of approved instrument of repeal 19

Part 4 — Transitional provisions

Terms used 20
Consultation and public notice process commenced but not completed before 1 March 2024 20
R‑Codes amendment subject to consultation and public notice process under former Act 21

Notes

Compilation table 22

Defined terms

Planning and Development Act 2005

Planning and Development (Planning Codes) Regulations 2024

Part 1 — Preliminary

1. Citation

	These regulations are the *Planning and Development (Planning Codes) Regulations 2024*.