Planning and Development Regulations 2009 (Western Australia)

These Regulations operationalise the Planning and Development Act 2005 in a number of discrete, rule‑level ways. They prescribe terminology and procedural requirements, create offence‑level prohibitions on use of certain Crown and State land, set out application forms and documentary requirements for subdivision and certain transactions, prescribe how road access conditions and easements must be shown and enforced, specify tribunal and valuation procedures related to acquisition and compensation, set maximum fees and fee‑estimation formats for local government planning services, and provide enforcement forms and infringement procedures.

Mechanically notable provisions include:

Definitions and start dates: the Regulations define terms used in the Act (r 3), prescribe the commencement sequencing (r 2), and list certain utility services (r 4).
Identified State land regime: Part 2 designates what is “identified State land” (r 5) and empowers the Western Australian Planning Commission (the Commission) to appoint wardens (r 7) who may direct people on that land, remove people and enforce prohibitions (r 8). Part 2 contains a suite of prohibitions and associated penalties for camping, fires, public events, animals, vehicles, firearms, removal of material, rubbish and signs (rr 10-18).
Subdivision and related approvals: Part 3 prescribes the form and supporting material for section 135 subdivision applications (r 20), the matters the Commission must have regard to (r 21), the notice obligations on the Commission (r 22), and the mechanics for diagram or plan of survey endorsements and transmission to the Registrar of Titles and local government (rr 23-24). It also covers applications for approval of certain transactions and classes of leases or licences (rr 25-27).

CrestWestern Australia

Planning and Development Act 2005

Planning and Development Regulations 2009

Western Australia

Planning and Development Regulations 2009

Contents

Part 1 — Preliminary matters

Citation 1
Commencement 1
Terms used 1
Utility services prescribed (Act s. 4(1)) 1

Part 2 — Activities on certain State land

Division 1 — Preliminary matters

Terms used 2
Application of this Part 2

Division 2 — Wardens

Appointment 3
Functions 3

Division 3 — General matters

Defences to charges of offences against this Part 4
Signs and wardens’ directions or orders to be obeyed 4
Camping etc. and fires prohibited 4
Public events prohibited 5
Animals on identified State land 5
Vehicles on identified State land 5
Protection of nature 5
Rubbish and signs prohibited 6
Firearms, weapons and explosives prohibited 7
Unauthorised removal of material 7

Part 3 — Subdivision and development control

Division 1 — Subdivisions and similar matters

Term used: section 135 application 8
How to apply for approval under Act s. 135 8
Matters to be considered on application for subdivision 8
Notice of Commission’s decision under Act s. 143 9
How to apply for approval of diagram or plan of survey (Act s. 145) 9
Commission’s duties on application under Act s. 145 9

Division 2 — Applications for approval of certain transactions

How to apply for approval under Act s. 136 10
How to apply for approval under Act s. 139 10
Commission’s duties on applications under Act s. 136 and 139 10

Division 3 — Road access conditions

Terms used 11
Commission’s power to impose conditions not limited 11
Imposing road access conditions 11
Offences 12
Modifying and discharging covenants 12

Division 3A — Integration of subdivision and development

32A. Commission or responsible authority to consider policy or position statements 14

Division 4 — Easements

Terms used 14
Other Acts’ operation not affected by this Division 15
How easements to be depicted on plans 15
Rights, powers and privileges under easements (Act s. 167(2)) 15

Part 4 — Compensation and acquisition

Term used: Board 17
Notice of intention to sell (Act s. 181(11)) 17
Application for valuation (Act s. 183(1)) 17
Board of Valuers, procedure for 17
Fees for valuation 18

Part 5 — Enforcement and legal proceedings

Prescribed offences and their modified penalties (Act s. 227) 19
Prescribed forms (Act s. 229 and 231) 20

Part 6 — Applications for review

Submissions considered by Minister (Act s. 246(7)) 21
Fee for Minister’s reasons (Act s. 247(4)) 21

Part 7 — Local government planning charges

Division 1 — Preliminary matters

Terms used 22

Division 2 — Fees and other charges

Fees for certain planning services (Sch. 2) 22

48A. Fees for DAP applications 23

Fees for scheme amendments, structure plans and local development plans 23
Additional costs and expenses payable by applicants 25
Itemised account to be provided on request 26
Dispute as to amount payable 27
Local government may waive or refund fee 27
Exemption 27

Division 3 — Fees Arbitration Panels

Fees Arbitration Panels 28
Panel meetings 28
Decisions of a Panel 29

Part 8 — Miscellaneous matters

False or misleading information 30

Part 9 — Transitional matters

Term used: commencement 31
Wardens’ appointments continued 31

Schedule 1 — Forms

Infringement notice (r. 43(1)) 32
Withdrawal of infringement notice (r. 43(2)) 34

Schedule 2 — Maximum fees for certain planning services

Schedule 3 — Form of estimate of fees for services for local planning scheme amendments

Schedule 4 — Form of estimate of fees for services for structure plans and local development plans

Notes

Compilation table 43

Other notes 44

Defined terms

Planning and Development Act 2005

Planning and Development Regulations 2009

Part 1 — Preliminary matters

1. Citation

	These regulations are the *Planning and Development Regulations 2009*.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of these regulations — when section 150 and Part 13 Division 3 of the Act come into operation.

3. Terms used

In these regulations, unless the contrary intention appears —

Act means the Planning and Development Act 2005;

Registrar of Titles means the person designated under the Transfer of Land Act 1893 to be the Registrar of Titles;

section means a section of the Act.

4. Utility services prescribed (Act s. 4(1))

These services are prescribed for the purposes of the definition of utility services in section 4(1) —

(a) gas supply services;

(b) telecommunications supply services.

Part 2 — Activities on certain State land

Division 1 — Preliminary matters

5. Terms used

In this Part —

identified State land means any land that is unallocated Crown land (within the meaning given by the Land Administration Act 1997), or that is vested in or owned by the Crown, the State or the Commission, and —

(a) is reserved under a planning scheme for a public purpose; or

(b) is subject to an improvement plan in force under section 119; or

road vehicle means any thing on wheels or tracks that is capable of transporting people or things by road, other than any such thing —

(a) that is propelled solely by human power; or

(b) that has 3 or more wheels, is self‑propelled and is designed to transport a single person with a physical disability at a pedestrian speed;

warden means a person appointed under regulation 7 as a warden.

[Regulation 5 amended: SL 2026/10 r. 4.]

6. Application of this Part

(1) This Part does not apply to a warden acting in the course of duty.

(2) If any identified State land is leased by the State or the Commission to a person, this Part —

(a) does not prevent the lessee, or a person acting with the lessee’s authority, from doing any act on that land that is authorised by the lease; and

(b) does not authorise the lessee or any other person to do any act on that land that is prohibited by the lease.

Division 2 — Wardens

7. Appointment

(1) Any act done by the Commission under this regulation must be in writing.

(2) The Commission may appoint any person to be a warden.

(3) A warden may be appointed on an honorary basis.

(4) The Commission may cancel a warden’s appointment.

(5) The Commission must give each warden a certificate of his or her appointment signed by the chairperson.

(6) A person whose appointment as a warden is cancelled must return his or her certificate of appointment to the Commission within 21 days after the date on which he or she is notified of the cancellation.

Penalty: a fine of $500.

8. Functions

(1) A warden’s functions are those set out in this Part and in any other written law and include the enforcement of this Part.

(2) A warden may give a person on identified State land any direction that is reasonably necessary —

(a) for the proper control and management of the land; or

(b) to enable the public to peacefully use and enjoy the land.

(3) A warden who reasonably believes a person on identified State land has committed or is committing an offence against this Part may order the person to leave the land, or a part of it specified by the warden.

(4) If, while performing any of a warden’s functions, a warden is asked to do so by any person, the warden must produce his or her certificate of appointment for inspection by the person.

Division 3 — General matters

9. Defences to charges of offences against this Part

It is a defence to a charge of an offence against this Part to prove the accused was acting —

(a) under an authority conferred under a written law; or

(b) with the written permission of the Commission.

10. Signs and wardens’ directions or orders to be obeyed

(1) A person who is given a direction or order by a warden under regulation 8 must obey it.

(2) A person must obey any sign that is erected on or near identified State land by or on behalf of the Commission.

Penalty: a fine of $5 000.

11. Camping etc. and fires prohibited

(1) A person must not place or use a temporary dwelling (such as a tent or caravan) on identified State land.

(2) A person must not light or attempt to light a fire on identified State land.

Penalty: a fine of $2 000.

12. Public events prohibited

A person must not arrange, advertise or take part in an event on identified State land to which the public is invited.

Penalty: a fine of $2 000.

13. Animals on identified State land

(1) A person must not bring or allow an animal on identified State land.

(2) A person who brings an animal on identified State land must keep it under control by means of a rein or leash.

(3) A person must not ride an animal on identified State land.

(4) A person who rides an animal on identified State land without due care and attention commits an offence.

Penalty: a fine of $2 000.

14. Vehicles on identified State land

A person must not bring or use a road vehicle on identified State land.

Penalty: a fine of $2 000.

15. Protection of nature

(1) In this regulation —

fauna means any living thing or the eggs of any living thing, but not a human being or flora;

flora means any form of, or any part of, plant life or a fungus;

take —

(a) in relation to fauna, includes to catch, kill, remove, snare and trap;

(b) in relation to flora, includes to cut, pull up, dig up, pick and remove.

(2) A person must not chase, injure, interfere with, take or attempt to take any fauna on identified State land.

(3) A person must not interfere with or destroy any nest or habitat of fauna on identified State land.

(4) A person must not damage, destroy or take any flora, living or dead, on identified State land.

(5) A person must not disturb or remove any soil or rock on identified State land.

(6) A person must not take any water from, or interfere with the flow of any water on, identified State land.

Penalty: a fine of $5 000.

16. Rubbish and signs prohibited

(1) In this regulation —

place a sign, includes to draw, erect, paint, post, stick, stencil and otherwise affix the sign;

rubbish in a person’s possession, means any solid or liquid matter in the person’s possession that the person has no use for, no longer wants or has rejected;

sign includes graffiti and an advertisement, bill, notice, placard and poster.

(2) A person must not deposit, discharge, leave or allow to escape on identified State land any rubbish in the person’s possession.

(3) Subregulation (2) does not apply to the deposit of solid rubbish in a receptacle provided for the deposit of rubbish.

(4) A person must not place a sign on identified State land.

Penalty: a fine of $5 000.

17. Firearms, weapons and explosives prohibited

(1) A person must not carry or use a firearm (as defined in the Firearms Act 2024 section 6) on identified State land.

(2) A person must not carry or use a dangerous or offensive weapon or instrument on identified State land.

(3) A person must not carry or use an explosive on identified State land.

Penalty: a fine of $5 000.

[Regulation 17 amended: SL 2024/293 r. 4.]

18. Unauthorised removal of material

A person must not interfere with or take from identified State land any thing on State land that the person does not own or is not entitled to possess.

Penalty: a fine of $10 000.

Part 3 — Subdivision and development control

Division 1 — Subdivisions and similar matters

19. Term used: section 135 application

In this Division —

section 135 application means an application for the approval of the Commission under section 135.

20. How to apply for approval under Act s. 135

To make a section 135 application, a person must give the Commission the following —

(a) an application in a form approved by the Commission;

(b) 8 copies (or such other number as the Commission requires) of a plan, in a form approved by the Commission, that —

(i) clearly illustrates the proposed subdivision, amalgamation or road, as the case may be; and

(ii) contains any other information the Commission requires;

21. Matters to be considered on application for subdivision

When considering a section 135 application, the Commission must have regard to all relevant matters including but not limited to these —

(a) the size, shape and dimensions of each lot;

(b) the services available to each lot;

(d) access to each lot;

(e) the amount of public open space to be provided;

(f) any relevant planning scheme;

(g) any relevant regulations made by the Minister under the Act;

(h) any relevant local laws relating to town planning.

22. Notice of Commission’s decision under Act s. 143

(1) The Commission must give the applicant written notice of any decision it makes on a section 135 application.

(2) If the Commission refuses to approve a section 135 application, the written notice must set out the reasons for the refusal.

23. How to apply for approval of diagram or plan of survey (Act s. 145)

A person who, under section 145, submits to the Commission a diagram or plan of survey of a plan of subdivision that has been approved, must also submit a request in a form approved by the Commission.

24. Commission’s duties on application under Act s. 145

(1) If the Commission, under section 145, endorses its approval on a diagram or plan of survey it must —

(a) give the diagram or plan to the Registrar of Titles; and

(b) give a copy of the diagram or plan to the local government of the district where the land is situated.

(2) If under section 145 the Commission refuses to endorse its approval on a diagram or plan of survey, it must give the person who made the request under section 145 written notice of and reasons for its decision.

Division 2 — Applications for approval of certain transactions

25. How to apply for approval under Act s. 136

To apply for the Commission’s approval, under section 136, of a transaction referred to in section 136(1), a person must give the Commission the following —

(a) an application in a form approved by the Commission;

(b) a copy of the transaction;

(c) 8 copies (or such other number as the Commission requires) of a sketch showing the land to which the transaction relates;

(d) any other information the Commission requires;

(e) any fee set under section 20.

26. How to apply for approval under Act s. 139

To apply for the Commission’s approval, under section 139, of a class of lease or licence in respect of a person, the person must give the Commission the following —

(a) an application in a form approved by the Commission;

(b) an example of a lease or licence of the class concerned;

(d) any fee set under section 20.

27. Commission’s duties on applications under Act s. 136 and 139

(1) The Commission must give the applicant written notice of any decision it makes on an application for its approval under section 136 or 139.

(2) If the Commission refuses to give the approval requested, the written notice must set out the reasons for the refusal.

(3) If the Commission grants an approval under section 136, it must give a copy of the approval and the sketch of the land concerned to the local government of the district where the land is situated.

Division 3 — Road access conditions

28. Terms used

In this Division —

plan includes a deposited plan, a diagram, a plan of survey of a subdivision, and a scheme plan lodged for registration under the Strata Titles Act 1985 or the Community Titles Act 2018;

road access condition means a condition imposed under section 143 and in accordance with section 150.

[Regulation 28 amended: Gazette 31 Dec 2019 p. 4653; SL 2021/78 r. 4.]

29. Commission’s power to impose conditions not limited

This Division does not affect the Commission’s power under section 143 to impose any condition it thinks fit to ensure that a road access condition it imposes in respect of land is obeyed, including but not limited to a condition requiring the erection of a barrier or other means to physically prevent the access that the condition prohibits.

30. Imposing road access conditions

(1) A road access condition imposed in respect of land must specify the following —

(a) by annotations on an approved plan that shows the land, the portion or portions of the boundary between the land and a road across which access to or from the land is restricted or prohibited;

(b) details of the restriction or prohibition and to whom or what it applies and when and in what circumstances;

(i) the Commission;

(ii) the road control authority,

and no other person.

(2) If a road access condition specifies the road control authority as the covenantee (whether or not the Commission is also specified), the reference in the condition to the road control authority is to be taken as a reference to whichever of the following from time to time has the control and management of the portion of the road to which the condition relates —

(a) the Commissioner of Main Roads established under the Main Roads Act 1930;

(b) the Minister administering the Public Works Act 1902;

31. Offences

(1) The owner of land subject to a road access condition must not contravene or permit another person to contravene the condition.

(2) The owner of land subject to a road access condition must not damage, destroy or remove any barrier or other structure erected on the land in compliance with a condition imposed under section 143 to ensure the road access condition is obeyed.

Penalty: a fine of $50 000.

32. Modifying and discharging covenants

(1) If land is subject to a covenant referred to in section 150 because of a road access condition, the owner of the land may apply to the Commission for its consent to modifying or discharging the covenant.

(2) The application must —

(a) be made in a form approved by the Commission; and

(b) be accompanied by any fee set under section 20.

(3) The Commission may consent to modifying or discharging the covenant if it is satisfied —

(a) that the circumstances that justified imposing the road access condition have materially changed since the condition was imposed; and

(b) that the current circumstances justify modifying or discharging the covenant.

(4) If the Commission consents to modifying or discharging the covenant, the Commission must give the applicant a written notice that specifies either —

(a) the modification to which the Commission consents; or

(b) that the Commission consents to the discharge of the covenant.

(5) If the owner of the land —

(a) applies to the Registrar of Titles to have the covenant modified or discharged (as the case may be); and

(b) gives the Registrar the Commission’s written notice given under subregulation (4) in relation to the covenant,

the Registrar may, by order, modify or discharge the covenant accordingly and may make any entries or endorsements that may be necessary or proper to evidence the modification or discharge.

(6) If the Commission refuses its consent on an application made under this regulation, it must give the applicant a written notice of its decision that includes its reasons for refusing.

(7) A person who is dissatisfied with the Commission’s decision made on an application by the person under this regulation may apply to the State Administrative Tribunal for a review, in accordance with Part 14 of the Act, of the decision.

Division 3A — Integration of subdivision and development

[Heading inserted: SL 2021/78 r. 5.]

32A. Commission or responsible authority to consider policy or position statements

The Commission or responsible authority must have regard to any relevant Commission policy or position statement when determining whether subdivision and development approvals should be integrated under section 164A.

[Regulation 32A inserted: SL 2021/78 r. 5.]

Division 4 — Easements

33. Terms used

In this Division —

affected land, in relation to an easement, means that part of any land comprised in a plan that the plan shows is subject to the easement;

easement means an easement created under section 167;

easement holder means —

(a) a local government in whose favour an easement exists for the purposes of sewerage or drainage or access to sewerage or drainage works;

(b) a licensee as defined in the Water Services Act 2012 in whose favour an easement exists for the purpose of water supply, sewerage, irrigation or drainage works or access to water supply, sewerage, irrigation or drainage works;

(c) the holder of a licence under the Electricity Industry Act 2004 in whose favour an easement exists for the purpose of the supply of electricity or access to electricity supply works;

(d) the holder of a distribution licence under the Energy Coordination Act 1994 in whose favour an easement exists for the purpose of the supply of gas, or access to gas supply works, under the authority of that licence;

(e) the holder of a licence under a written law in whose favour an easement exists for the purpose of the supply of a utility service or access to a utility service under the authority of that licence;

plan includes a deposited plan, a diagram, a plan of survey of a subdivision, and a scheme plan lodged for registration under the Strata Titles Act 1985 or the Community Titles Act 2018.

[Regulation 33 amended: Gazette 14 Nov 2013 p. 5059; 31 Dec 2019 p. 4654; SL 2021/78 r. 6.]

34. Other Acts’ operation not affected by this Division

This Division does not affect —

(a) any right, power or authority conferred by any other Act on an easement holder; or

(b) the operation of any Act that applies to land that is subject to an easement.

35. How easements to be depicted on plans

An easement must be depicted on a plan in such a manner as to identify the easement holder.

36. Rights, powers and privileges under easements (Act s. 167(2))

(1) An easement holder may at any time, for the purpose for which the easement exists, do any or all of the following —

(a) enter the affected land with or without vehicles and other equipment;

(b) survey the affected land and conduct tests of soil or other materials on it;

(c) subject to the Environmental Protection Act 1986, clear and remove any vegetation or other material or any thing on the affected land (including any thing the owner or occupier of the land has placed or permitted on the land) that, in the opinion of the easement holder, hinders —

(i) the carrying out of any work needed for the purpose for which the easement exists; or

(ii) the exercise of any powers in this regulation;

(d) disturb and excavate the affected land;

(e) use any material cleared or excavated from the affected land;

(f) construct, install, reconstruct, replace, reinstate and extend over, on or under the affected land any thing needed for the purpose for which the easement exists;

(g) alter, maintain, repair, inspect and service any such thing.

(2) An easement holder may use any thing constructed or installed over, on or under the affected land under this regulation for the purpose for which the easement exists.

(3) An easement holder does not have to fence off the affected land or any part of it but may install any gate that the holder needs in any fence that crosses the affected land.

(4) Any thing constructed or installed on or under the affected land by an easement holder remains the property of the easement holder even if it is fixed to the land.

Part 4 — Compensation and acquisition

37. Term used: Board

In this Part —

Board means the Board of Valuers established under section 182.

38. Notice of intention to sell (Act s. 181(11))

For the purposes of section 181(11), a written notice given by an owner of land to the responsible authority must state —

(a) whether the owner intends to subdivide the land; and

(b) whether the owner intends to sell the land.

39. Application for valuation (Act s. 183(1))

(1) For the purposes of section 183(1) an application by an owner of land for a valuation of the land must be made by posting or delivering a written application to the Board at the office of the Commission.

(2) The application must —

(a) describe the land to which it relates; and

(b) state whether the owner wants to be heard by the Board on the making of the valuation.

40. Board of Valuers, procedure for

(1) On receiving an application made under section 183(1) the Board’s chairperson must —

(a) appoint a member of the Board (other than the chairperson) to —

(i) inspect the land concerned; and

(ii) prepare and summarise the data necessary for the making of a valuation; and

(iii) give the Board a preliminary report,

before the day fixed for the making of the valuation; and

(b) give the applicant written notice of the day and time fixed for the making of the valuation.

(2) Any evidence presented to the Board by an applicant must be in the form of a statutory declaration.

(3) An applicant is entitled to be heard by the Board, either in person or by counsel.

(4) The Board may adjourn its proceedings from time to time and from place to place.

(5) Proceedings of the Board shall not be impugned for want of formality.

41. Fees for valuation

(1) A person who applies under section 183(1) for a valuation is liable to reimburse the State the fees it pays to the Board under Schedule 9 clause 5 of the Act in relation to determining the application.

(2) The Board must give a person written notice of the amount payable to the State under subregulation (1) as soon as practicable after determining the person’s application.

(3) The State may recover an amount payable under subregulation (1) in a court of competent jurisdiction as debt due and payable.

Part 5 — Enforcement and legal proceedings

42. Prescribed offences and their modified penalties (Act s. 227)

(1) For the purposes of section 227 —

(a) each offence against a provision of the Act listed in column 1 of the Table is prescribed to be an offence for which an infringement notice may be issued under Part 13 Division 3 of the Act; and

(b) the amount opposite the provision in column 2 of the Table is prescribed as the modified penalty for the offence.

Table

Provision of the Act	Modified penalty
s. 214	$500
s. 218	$500
s. 220	$500
s. 221	$500

(2) For the purposes of section 227 —

(a) each offence against a provision of these regulations listed in column 1 of the Table is prescribed to be an offence for which an infringement notice may be issued under Part 13 Division 3 of the Act; and

(b) the amount opposite the provision in column 2 of the Table is prescribed as the modified penalty for the offence.

Table

Provision of these regulations	Modified penalty
Part 2	10% of the maximum penalty provided for the offence
r. 31	$500

43. Prescribed forms (Act s. 229 and 231)

(1) For the purposes of section 229, Schedule 1 Form 1 is the prescribed form of an infringement notice.

(2) For the purposes of section 231, Schedule 1 Form 2 is the prescribed form of the withdrawal of an infringement notice.

Part 6 — Applications for review

44. Submissions considered by Minister (Act s. 246(7))

For the purposes of section 246(7)(b), a copy or transcript of a submission must be published by making it available to the public during office hours at the Commission’s office.

45. Fee for Minister’s reasons (Act s. 247(4))

(1) For the purposes of section 247(4)(c), the fee for a copy of reasons is $45.00.

(2) The fee for the supply of a copy is payable before the copy is supplied.

(3) Despite subregulations (1) and (2), the Minister or the executive officer of the State Administrative Tribunal may, in a particular case for special reasons, direct that —

(a) a fee be waived or reduced; or

(b) the whole or part of a fee be refunded; or

(c) that the payment of the whole or part of a fee be deferred until such time, and upon such conditions, if any, as the Minister or executive officer thinks fit.

Part 7 — Local government planning charges

Division 1 — Preliminary matters

46. Terms used

In this Part —

applicant includes a person making a request;

DAP application has the meaning given in the Planning and Development (Development Assessment Panels) Regulations 2011 regulation 3(1);

fee includes charge;

local development plan has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 46;

Panel means a Fees Arbitration Panel appointed under regulation 54;

structure plan —

(a) has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 14; and

(b) includes a plan taken to be a precinct structure plan or standard structure plan under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 92 (as that clause applies as part of local planning schemes).

[Regulation 46 amended: Gazette 24 Mar 2011 p. 1037; 25 Aug 2015 p. 3380‑1; SL 2020/252 r. 83.]

Division 2 — Fees and other charges

47. Fees for certain planning services (Sch. 2)

(1) A local government may impose a fee for a service listed in Schedule 2 provided by the local government.

(2) The fee imposed by a local government for a service listed in Schedule 2 must be decided by the local government but must not exceed the fee specified in that Schedule for the service unless the local government is exempted under regulation 53.

(3) Any fee imposed for a service listed in Schedule 2 must be paid by the applicant when applying for or requesting the service.

48A. Fees for DAP applications

(1) A local government may impose a fee for services in respect of a DAP application made to it notwithstanding that it will not itself determine the application.

(2) The fee must be decided by the local government but must not exceed the maximum fee specified in Schedule 2 in relation to a development application in respect of the same kind of development.

(3) Any fee imposed under subregulation (1) must be paid to the local government by the applicant when making the DAP application.

[Regulation 48A inserted: Gazette 24 Mar 2011 p. 1038.]

48. Fees for scheme amendments, structure plans and local development plans

(1) A local government may impose a fee for a service provided by the local government pursuant to a request for —

(a) a local planning scheme amendment; or

(b) the adoption of a structure plan or local development plan provided by the applicant; or

(2) No fee can be imposed for a service provided pursuant to a request for a local planning scheme amendment if the sole purpose of the amendment requested is to amend the local planning scheme to make it consistent with a region planning scheme.

(3) A local government that receives a request for a local planning scheme amendment must give the applicant an estimate, in the form in Schedule 3, of —

(a) the hours that the local government’s staff will spend dealing with the request; and

(b) the total fee, calculated in accordance with that form, that the local government will impose for dealing with the request.

(4) A local government that receives a request to adopt or amend a structure plan or local development plan provided by the applicant must give the applicant an estimate, in the form in Schedule 4, of —

(a) the hours that the local government’s staff will spend dealing with the request; and

(b) the total fee, calculated in accordance with that form, that the local government will impose for dealing with the request.

(5) In an estimate given under subregulation (3) or (4), the hourly rates for the local government’s staff must be decided by the local government but must not exceed —

(a) for the person in charge of planning at the local government, $88.00 per hour;

(b) for a senior planner or manager, $66.00 per hour;

(c) for a planning officer, environmental health officer or other officer with qualifications relevant to the request, $36.86 per hour;

(d) for a secretary or administrative officer, $30.20 per hour,

unless the local government is exempted under regulation 53.

(6) A local government may reduce the estimated total fee specified in an estimate given under subregulation (3) or (4).

(7) A local government may refuse to deal with a request referred to in subregulation (3) until —

(a) the estimated total fee specified in the estimate given in accordance with the subregulation is paid; or

(b) if that fee is reduced under subregulation (6), the reduced fee is paid.

(8A) A local government may refuse to advertise a structure plan or local development plan or an amendment to a structure plan or local development plan related to a request referred to in subregulation (4) until —

(a) the estimated total fee specified in the estimate given in accordance with the subregulation is paid; or

(b) if that fee is reduced under subregulation (6), the reduced fee is paid.

(8) If the local government —

(a) decides not to initiate the local planning scheme amendment or the adoption or amendment of a structure plan or local development plan; or

(b) decides to discontinue the preparation or adoption of a local planning scheme amendment or the adoption or amendment of a structure plan or local development plan,

moneys paid by the applicant to the local government for the planning service and not expended by the local government on the provision of that service must be refunded to the applicant.

[Regulation 48 amended: Gazette 14 May 2010 p. 2009‑10; 6 May 2011 p. 1617; 21 May 2013 p. 2011‑12; 25 Aug 2015 p. 3381‑2; SL 2020/252 r. 84.]

49. Additional costs and expenses payable by applicants

(1) The following costs and expenses, if incurred by a local government in providing a service listed in Schedule 2 items 1 to 12 or referred to in regulation 48A(1) or 48, are payable by the applicant in addition to the fee for the provision of the service —

(a) costs and expenses of advertising the application and advertising matters related to the application;

(b) costs and expenses of any specific assessment, such as an environmental assessment, required in relation to the application;

(d) costs and expenses of technical resources and equipment, such as computer modelling, required in relation to the application;

(e) costs and expenses of specialist advice, such as advice in relation to heritage matters, required in relation to the application.

(2) A local government, in a bill given to the applicant, may —

(a) require the applicant to pay the costs and expenses referred to in subregulation (1) that the local government estimates it will incur; or

(b) require the applicant to pay the actual costs and expenses referred to in subregulation (1) after they are incurred.

(3) Any moneys paid in advance by an applicant to a local government for estimated costs or expenses referred to in subregulation (1) that are not incurred by the local government must be refunded to the applicant on the completion of the service.

[Regulation 49 amended: Gazette 24 Mar 2011 p. 1038.]

50. Itemised account to be provided on request

If an applicant so requests, a local government must give the applicant an itemised account of any fee the local government has imposed on the applicant under regulation 48 or 49.

51. Dispute as to amount payable

(1) If a dispute arises as to an amount payable for or in relation to services to be provided pursuant to a request for —

(a) a local planning scheme amendment; or

(b) adoption or amendment of a structure plan or local development plan provided by the applicant,

the dispute may be referred in writing by the relevant local government or applicant to a Panel for its decision.

(2) The referral of a dispute to a Panel does not affect the provision of the service in respect of which the fee is paid or the requirement to pay that fee, but the Panel may order the local government to refund any part of the fee paid.

(3) A Panel’s decision on a dispute is final.

[Regulation 51 amended: Gazette 25 Aug 2015 p. 3382; SL 2020/252 r. 85.]

52. Local government may waive or refund fee

A local government may waive or refund, in whole or in part, payment of a fee for a planning service.

53. Exemption

(1) Any act by the Minister under this regulation must be done in a written notice that is given to the local government concerned.

(2) The Minister may exempt a local government from the requirement to impose fees in accordance with regulations 47 and 48.

(3) The exemption may include any condition the Minister decides.

(4) Regulations 47 to 52 do not apply to a local government while an exemption given to it under subregulation (2) is in force and the local government complies with any condition in the exemption.

(5) The Minister may amend or cancel an exemption given under subregulation (2).

Division 3 — Fees Arbitration Panels

54. Fees Arbitration Panels

(1) A Fees Arbitration Panel consists of the following members appointed by the Minister —

(a) a person nominated by WALGA;

(b) a person nominated by the Commission;

(d) a person selected by the Minister from a panel of names submitted by industry planning groups under subregulation (2).

(2) When it is necessary to appoint a person under subregulation (1)(d) the Minister must request the following to each nominate a person for appointment —

(a) the Housing Industry Association;

(b) the Urban Development Institute of Australia;

(d) the Building Designers Association;

(e) the Real Estate Institute of Western Australia.

(3) The Minister must appoint one of the members as chairperson of the Panel.

(4) The function of a Panel is to determine a dispute referred to it under regulation 51.

55. Panel meetings

(1) A Panel may hold a meeting to decide a dispute referred to the Panel.

(2) A Panel may invite a person to be present at a meeting of the Panel to advise or inform, or make a submission to, the Panel.

(3) The applicant, or a representative of the applicant, and a representative of the local government are entitled to be present whenever a person invited under subregulation (2) is present at a meeting of the Panel.

56. Decisions of a Panel

(1) A Panel member, including the chairperson, has a single vote on a decision to be made by the Panel and, in the case of an equality of votes, the chairperson also has a casting vote.

(2) A matter that is to be decided by a Panel must be decided by a majority of votes.

(3) A decision is a valid decision of the Panel even though it is not made at a meeting of the Panel, if each member of the Panel agrees in writing to the proposed decision.

Part 8 — Miscellaneous matters

57. False or misleading information

(1) A person must not give any false or misleading information in, or in relation to, an application or request made under these regulations.

(2) A person making an application or request made under these regulations must not withhold information that is or may be material to the application or request.

Penalty: a fine of $50 000.

[58. Omitted under the Reprints Act 1984 s. 7(4)(f).]

Part 9 — Transitional matters

59. Term used: commencement

In this Division —

commencement means the day on which these regulations commence.

60. Wardens’ appointments continued

If immediately before commencement a person holds an appointment as a warden or honorary warden made under the Metropolitan Region Planning Authority (Reserved Land Regulations) 1, then on commencement the person is to be taken to be appointed as a warden under regulation 7 on the same basis as he or she was appointed immediately before commencement.

Schedule 1 — Forms

Infringement notice (r. 43(1))

Planning and Development Act 2005 s. 229Planning and Development Regulations 2009 Infringement noticeNumber:
Alleged offender Family name
Given names
Address
Date of birth Male/Female
Driver’s licence No.: State/Country:Type: Class(es): Expiry date:
Description of alleged offence Date Time
Place
Details1
Law contravened Planning and Development Act 2005 s.
Relevant planning document2[Tick one box and insert other details] 🞏 Planning scheme 🞏 Planning control area declaration🞏 Interim development orderName of scheme/details of declaration or order, and number of any provision contravened —
Modified penalty The modified penalty for the alleged offence is $
Vehicle details3 Plate No. State
Licence expiry date Vin/Chassis No.
Make Colour
Body type
Date of notice
Service details[Tick one box] This notice was served — 🞏 in person 🞏 by post Date
Officer issuing notice Name
Office
Responsible authority
Signature
Notice to alleged offender It is alleged that you have committed the above offence.If you want the alleged offence dealt with in court, tick the box below, post this notice to the address below, and do not pay the modified penalty above.If you do not wish to be prosecuted for the alleged offence in court, pay the modified penalty above within 28 days after the date on which you receive this notice.To pay, tick the relevant box below and post this notice and any cheque or credit card details for the modified penalty to the address below.If you want an extension of time to pay the modified penalty, contact the officer named below at the address below.Paying the modified penalty will not be taken to be an admission for the purposes of any civil or criminal court case.If you do not pay the modified penalty, you may be prosecuted in court for the alleged offence and, if convicted, you will be liable to a penalty and costs.
Alleged offender’s response[Tick one box] To —4🞏 I want this alleged offence dealt with by a court.🞏 I want to pay the modified penalty. A cheque for the modified penalty enclosed.🞏 I want to pay the modified penalty by using a credit card. The credit card’s details are —

Notes to Form 1 —

The details should say what the alleged offender has done that is a contravention of the law.
Complete this if an offence against s. 218, 220 or 221 of the Act is alleged.
Include vehicle details if alleged offence relates to a vehicle or to a person driving a vehicle.
Insert the name and address of the responsible authority and the officer responsible for dealing with infringement notices.
Withdrawal of infringement notice (r. 43(2))

Planning and Development Act 2005 s. 231Planning and Development Regulations 2009 Withdrawal of infringement notice
Alleged offender Family name
Given names
Address
Infringement notice Number
Date issued
Description of alleged offence Date Time
Place
Details
Law contravened Planning and Development Act 2005 s.
Date of this notice
Officer issuing this notice Name
Office
Responsible authority
Signature
Notice to alleged offender The above infringement notice, which was issued for the above alleged offence, has been withdrawn.If you have already paid the modified penalty in accordance with the infringement notice, you are entitled to a refund of the money.To obtain a refund post this notice to —1

Notes to Form 2 —

Insert the name and address of the responsible authority and the officer responsible for dealing with application for refunds.

Schedule 2 — Maximum fees for certain planning services

[r. 47]

[Heading inserted: Gazette 21 May 2013 p. 2012.]

Item	Planning service	Maximum fee
1.	Determining a development application (other than for an extractive industry) where the development has not commenced or been carried out and the estimated cost of the development is —
	(a) not more than $50 000	$147
	(b) more than $50 000 but not more than $500 000	0.32% of the estimated cost of development
	(c) more than $500 000 but not more than $2.5 million	$1 700 + 0.257% for every $1 in excess of $500 000
	(d) more than $2.5 million but not more than $5 million	$7 161 + 0.206% for every $1 in excess of $2.5 million
	(e) more than $5 million but not more than $21.5 million	$12 633 + 0.123% for every $1 in excess of $5 million
	(f) more than $21.5 million	$34 196
2.	Determining a development application (other than for an extractive industry) where the development has commenced or been carried out	The fee in item 1 plus, by way of penalty, twice that fee
3.	Determining a development application for an extractive industry where the development has not commenced or been carried out	$739
4.	Determining a development application for an extractive industry where the development has commenced or been carried out	The fee in item 3 plus, by way of penalty, twice that fee
5A.	Determining an application to amend or cancel development approval	$295
5B.	Determining an application for advice made under the Planning and Development (Local Planning Schemes) Regulations 2015 Sch. 2 cl. 61A (as that clause applies as part of the local planning scheme)	$295
5.	Providing a subdivision clearance for —
	(a) not more than 5 lots	$73 per lot
	(b) more than 5 lots but not more than 195 lots	$73 per lot for the first 5 lots and then $35 per lot
	(c) more than 195 lots	$7 393
6.	Determining an initial application for approval of a home occupation where the home occupation has not commenced	$222
7.	Determining an initial application for approval of a home occupation where the home occupation has commenced	The fee in item 6 plus, by way of penalty, twice that fee
8.	Determining an application for the renewal of an approval of a home occupation where the application is made before the approval expires	$73
9.	Determining an application for the renewal of an approval of home occupation where the application is made after the approval has expired	The fee in item 8 plus, by way of penalty, twice that fee
10.	Determining an application for a change of use or for an alteration or extension or change of a non‑conforming use to which item 1 does not apply, where the change or the alteration, extension or change has not commenced or been carried out	$295
11.	Determining an application for a change of use or for an alteration or extension or change of a non‑conforming use to which item 2 does not apply, where the change or the alteration, extension or change has commenced or been carried out	The fee in item 10 plus, by way of penalty, twice that fee
12.	Providing a zoning certificate	$73
13.	Replying to a property settlement questionnaire	$73
14.	Providing written planning advice	$73

[Schedule 2 inserted: Gazette 21 May 2013 p. 2012‑13; amended: Gazette 25 Aug 2015 p. 3382; SL 2020/252 r. 86.]

Schedule 3 — Form of estimate of fees for services for local planning scheme amendments

[r. 48(3)]

Task Estimated hours 1
Head of planning Senior Planner Planning Officer Other staff e.g. environmental health officer Secretary/ administrative officer
1. Preliminaries:
Preliminary discussions and registration of application
2. Decision to initiate:
(a) Information and site visit
(b) Applicant discussion
(c) Development Control Unit (DCU) meeting
(d) Action DCU recommendation
(e) Assessment report and agenda preparation MINOR MAJOR
3. Approval to advertise:
(a) Action local government recommendation
(b) Refer to Commission for approval
(c) Advertising, notifications, referrals
(d) Deal with enquiries
(e) Assess submissions
(f) Liaise with external agencies
(g) Applicant discussion and liaison
4. Decision to adopt:
(a) Finalise amendment, plan, report and agenda preparation
(b) Applicant discussion
(c) Action local government recommendation
5. Amendment/plan approved:
(a) Report on Minister’s approval
(b) Notify submissions
(c) Update text and maps
Total hours
Hourly rate (r. 48(5)) $ $ $ $ $
Total hours x rate = $ $ $ $ $ $
- 33.3% (To recover operating overhead costs) $ $ $ $ $
= Total salary costs $ $ $ $ $
Total salary costs b/f(sum of amounts in previous row) $
- Direct costs $
- Special costs $
- Scheme map and text preparation costs $
= Estimated total fee $

Notes to Form —

If readvertising of substantial modifications is required, the hours needed to arrange the readvertising and review the submissions and the direct costs incurred in readvertising the amendment are to be included in items 3, 4 and 5.

Schedule 4 — Form of estimate of fees for services for structure plans and local development plans

[r. 48(4)]

[Heading amended: Gazette 25 Aug 2015 p. 3382; SL 2020/252 r. 87.]

Task 1 Estimated hours 2
Head of planning Senior Planner Planning Officer Other staff e.g. environmental health officer Secretary/ administrative officer
1. Preliminaries:
Preliminary discussions and registration of application
2. Decision to advertise:
(a) Information and site visit
(b) Proponent discussion
(c) Development Control Unit (DCU) meeting
(d) Action DCU recommendation
(e) Assessment report and agenda preparation
3. Approval to advertise:
(a) Action local government recommendation
(b) Advertising, notifications, referrals
(c) Deal with enquiries
(d) Assess submissions
(e) Liaise with external agencies
(f) Proponent discussion and liaison
4. Decision to adopt or amend:
(a) Finalise report and agenda preparation
(b) Proponent discussion
(c) Action local government recommendation
5. Plan adopted:
(a) Refer to Commission for endorsement
(b) Notification and deposit of plan
Total hours
Hourly rate (r. 48(5)) $ $ $ $ $
Total hours x rate = $ $ $ $ $
- 33.3% (To recover operating overhead costs) $ $ $ $ $
= Total salary costs $ $ $ $ $
Total salary costs b/f(sum of amounts in previous row) $
- Direct costs $
- Special costs $
= Estimated total fee $

Notes to Form —

This form is based on the provisions for the adoption and amendment of structure plans and local development plans set out in the Planning and Development (Local Planning Scheme) Regulations 2015. Item 5 should not be included for local development plans as these are not referred to the Commission.
If readvertising of a proposed structure plan or local development plan or a proposed amendment to one of those plans is required, the hours needed to arrange the readvertising and review the submissions and the direct costs incurred in readvertising the plan or the amendment are to be included in items 3, 4 and 5.

[Schedule 4 amended: Gazette 25 Aug 2015 p. 3382‑3; SL 2020/252 r. 88.]

dline

Notes

This is a compilation of the Planning and Development Regulations 2009 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Planning and Development Regulations 2009	19 Jun 2009 p. 2271‑318	r. 1 and 2: 19 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b) and Gazette 19 Jun 2009 p. 2225)
Planning and Development Amendment Regulations 2010	14 May 2010 p. 2007‑12	r. 1 and 2: 14 May 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b))
Planning and Development Amendment Regulations 2011	24 Mar 2011 p. 1037‑8	r. 1 and 2: 24 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Mar 2011 (see r. 2(b) and Gazette 24 Mar 2011 p. 1035)
Planning and Development Amendment Regulations (No. 4) 2011	6 May 2011 p. 1617‑19	r. 1 and 2: 6 May 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
Planning and Development Amendment Regulations 2013	21 May 2013 p. 2011‑13	r. 1 and 2: 21 May 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b))
*Reprint 1: The Planning and Development Regulations 2009* as at 23 Aug 2013** (includes amendments listed above)
Planning and Development Amendment Regulations (No. 2) 2013	14 Nov 2013 p. 5059	r. 1 and 2: 14 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Nov 2013 (see r. 2(b) and Gazette 14 Nov 2013 p. 5027)
Planning and Development Amendment Regulations 2015	25 Aug 2015 p. 3380‑3	r. 1 and 2: 25 Aug 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Oct 2015 (see r. 2(b))
Planning and Development Amendment Regulations 2019	31 Dec 2019 p. 4653‑4	r. 1 and 2: 31 Dec 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2020 (see r. 2(b) and SL 2020/39 cl. 2)
Planning Regulations Amendment Regulations 2020 Pt. 3	SL 2020/252 18 Dec 2020	15 Feb 2021 (see r. 2(c))
Planning and Development Amendment Regulations 2021	SL 2021/78 18 Jun 2021	r. 1 and 2: 18 Jun 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Jun 2021 (see r. 2(b) and SL 2021/69 cl. 2)
Planning and Development Amendment Regulations 2024	SL 2024/293 21 Dec 2024	r. 1 and 2: 21 Dec 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Mar 2025 (see r. 2(b) and SL 2024/289 cl. 2)
Planning and Development Amendment (State Development) Regulations 2026	SL 2026/10 18 Feb 2026	r. 1 and 2: 18 Feb 2026 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Feb 2026 (see r. 2(b) and SL 2026/13 cl. 2)

Other notes

1 Repealed by the Planning and Development (Repeal) Regulations 2009.

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)

Act 3

affected land 33

applicant 46

Board 37

commencement 59

DAP application 46

easement 33

easement holder 33

fauna 15(1)

fee 46

flora 15(1)

identified State land 5

local development plan 46

Panel 46

place 16(1)

plan 28, 33

Registrar of Titles 3

road access condition 28

road vehicle 5

rubbish 16(1)

section 3

section 135 application 19

sign 16(1)

structure plan 46

take 15(1)

warden 5

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.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Planning and Development Act 2005

Planning and Development Regulations 2009

Western Australia

Planning and Development Regulations 2009

Contents

Part 1 — Preliminary matters

Citation 1
Commencement 1
Terms used 1
Utility services prescribed (Act s. 4(1)) 1

Part 2 — Activities on certain State land

Division 1 — Preliminary matters

Terms used 2
Application of this Part 2

Division 2 — Wardens

Appointment 3
Functions 3

Division 3 — General matters

Defences to charges of offences against this Part 4
Signs and wardens’ directions or orders to be obeyed 4
Camping etc. and fires prohibited 4
Public events prohibited 5
Animals on identified State land 5
Vehicles on identified State land 5
Protection of nature 5
Rubbish and signs prohibited 6
Firearms, weapons and explosives prohibited 7
Unauthorised removal of material 7

Part 3 — Subdivision and development control

Division 1 — Subdivisions and similar matters

Term used: section 135 application 8
How to apply for approval under Act s. 135 8
Matters to be considered on application for subdivision 8
Notice of Commission’s decision under Act s. 143 9
How to apply for approval of diagram or plan of survey (Act s. 145) 9
Commission’s duties on application under Act s. 145 9

Division 2 — Applications for approval of certain transactions

The Regulations rely on several defined and operative concepts that determine scope, duties and discretion. The following are the primary ones, with the regulation references that create them.

Identified State land (r 5). This term captures Crown or State land (including unallocated Crown land or land vested in the Crown or Commission) that is either reserved under a planning scheme, subject to an improvement plan under s 119 of the Act, or within a State development area declaration. The suite of prohibitions in Part 2 apply to such land subject to the carve‑outs in r 6(2) for authorised lessees.
Warden (rr 7-8). The Commission may appoint a warden in writing, issue a certificate of appointment, cancel appointments and require return of the certificate (r 7). A warden enforces Part 2, may give directions reasonably necessary for control and management or peaceful public enjoyment and may order persons to leave identified State land where an offence is believed to be occurring (r 8). Wardens may be honorary (r 7(3)) and must produce their certificate on request while performing functions (r 8(4)).
Section 135 application (r 19 and r 20). This label identifies an application under Act s 135 for subdivision approval; the Regulations specify the approved form, multiple copies of plans, and the fee regime (r 20). When deciding such applications the Commission must have regard to enumerated matters including lot shape and services (r 21).
Road access condition (rr 28-32). Defined by annotation on plans and implemented as covenants under section 150 of the Act, road access conditions must identify the boundary portions where access is restricted, the restriction details, and list as covenantees only the Commission and/or the road control authority (r 30). Owners must not permit breaches or demolish physical measures such as barriers, with specific criminal penalties (r 31).
Easement and easement holder (rr 33-36). Easements created under s 167 of the Act must show the easement holder on plans (r 35). Easement holders (for water, sewerage, electricity, gas and other utility licences) have broad powers to enter affected land, excavate, clear vegetation subject to the Environmental Protection Act 1986, construct works and retain ownership of installations (r 36).
Fees, estimates and caps (Part 7 and Sch 2). Local governments may impose fees for Schedule 2 services but not above the specified maximum (r 47(1)-(2)). For scheme amendments and structure or local development plans the Regulations require an estimate using Schedule 3 and 4 forms, with prescribed hourly rate caps for staff categories (r 48(3)-(5)). Additional costs such as advertising and specialist advice are recoverable from applicants in addition to fees (r 49).
Infringement and modified penalties (r 42, r 43, Sch 1). The Regulations prescribe which Act and regulation provisions are infringement‑notice eligible and the associated modified penalties, and set the prescribed form for infringement and withdrawal notices in Schedule 1.
Board and valuation process (Part 4, rr 37-41). The Board of Valuers is the decision body for valuations under the Act. The Regulations set application logistics, evidence form (statutory declaration), inspection, preliminary reporting and hearing rights (r 40).
Review and dispute paths. The Regulations identify administrative review paths and procedural rights: Commission decisions must be notified with reasons on refusals (rr 22, 27(2)); a person dissatisfied with a Commission decision on covenant consent may apply to the State Administrative Tribunal under Part 14 of the Act (r 32(7)); fee disputes can be referred to a Fees Arbitration Panel whose decisions are final (rr 51-56); the Minister or SAT may waive fees for Minister’s reasons at the stated fee amount (r 45).

Each of these concepts allocates authority, specifies documentation and shapes incentives for behaviour. For example the road access condition device combines land‑use annotation (a plan) with a covenant enforceable against title, and limits the covenantee to public authorities, which changes the practical bargaining counterparties for landowners and developers (r 30). The Regulations therefore operate largely through definitions, process steps and fee caps, rather than through unconstrained administrative discretion: where discretion exists the instrument often pairs it with prescribed consultation, notice or review requirements.

This instrument affects a wide array of parties in the land use and development ecosystem. The text itself identifies the stakeholders and specifies what each must do or may expect.

Owners and occupiers of identified State land. The prohibitions in Part 2 apply to people on identified State land including limits on camping, fires, events, animals, vehicles, firearms, removal of material, and depositing rubbish or signs (rr 11-18). Owners who are subject to road access covenants incur specific duties not to permit breaches and not to remove barriers (r 31).
Lessees and authorised users. Regulation 6(2) clarifies that where identified State land is leased by the State or Commission the Part does not prevent a lessee doing acts authorised by the lease, nor does it authorise acts prohibited by the lease. That means lessees’ contractual rights and prohibitions may disapply certain public prohibitions in practice.
The Western Australian Planning Commission. The Commission appoints wardens (r 7), receives applications under multiple sections (rr 20, 23-27), must provide notices and reasons for refusals (rr 22, 24, 27(2)), may impose road access conditions and consents to modify or discharge covenants (rr 29-32), and transmits endorsed plans to the Registrar of Titles and local governments (r 24).
Wardens. Appointed by the Commission (r 7), wardens exercise on‑site enforcement powers including issuing directions, ordering people to leave, and requiring production of appointment certificates (r 8).
Local governments. Local governments impose planning service fees within Schedule 2 caps (r 47), must provide estimates for scheme amendments and structure plans (r 48(3)-(4)), may recover additional costs for advertising and specialist advice (r 49), must supply itemised accounts on request (r 50), and can be a covenantee for road access conditions depending on road control responsibility (r 30(2)). They also participate in fee arbitration panels through WALGA nominations (r 54).
Developers, applicants and planning consultants. Anyone making a section 135 application, a section 136 transaction application, a section 139 class lease or licence approval application, or applying for subdivision endorsement must provide the prescribed forms, multiple plan copies and pay fees at lodgement (rr 20, 25-26, 23). Developers are directly affected by Schedule 2 fee caps and by the doubled fee penalties where development has commenced (Sch 2 items 2, 4, 7, 9, 11).
Easement holders and utility licence holders. The Regulations (r 33 and r 36) enumerate who counts as an easement holder, including local governments, Water Services licensees, electricity licence holders, distribution licence holders for gas, and other utility licencees. These entities have express rights to enter affected land and construct and retain infrastructure (r 36).
Road control authorities. The road control authority may be the covenantee of a road access condition, and the regulation identifies which public offices may fulfil that role over time: Commissioner of Main Roads, the Minister responsible for the Public Works Act, or the local government (r 30(2)).
Board of Valuers and applicants for valuation. Part 4 sets procedural obligations for valuation applications, including the applicant’s right to be heard and to provide evidence by statutory declaration (rr 39-41).
Fees Arbitration Panel members and industry nominators. The Panel consists of nominees from WALGA, the Commission, the Royal Australian Planning Institute and an industry nominee selected from names supplied by several industry bodies (r 54(1)-(2)). Panel decisions are final (r 56(3)).

Financially, the Regulations allocate costs to applicants for planning services and to owners for compliance and penalties. Local governments collect fees but are constrained by Schedule 2 caps and Ministerial exemption powers (rr 47, 53). Enforcement is shared between Commission‑appointed wardens, local government enforcement of planning conditions, and administrative bodies such as the Fees Arbitration Panel and the State Administrative Tribunal for particular review rights (rr 32(7), 51-56).

The Regulations create specific duties on individuals, owners, local governments and the Commission, and they confer procedural rights on applicants and easement holders. The key duties and rights, cited to the relevant regulations, are summarised below.

Duties

Obey wardens and signs: A person given a direction or order by a warden must obey it and must obey any sign erected by or on behalf of the Commission on identified State land (r 10(1)-(2)). Failure carries a $5,000 fine for obstructing a warden’s direction or a sign (r 10).
Prohibitions on conduct on identified State land: Do not place temporary dwellings or light fires (r 11, penalty $2,000); do not arrange or participate in public events to which the public is invited (r 12, $2,000); limit animals and do not ride animals or act without due care (r 13, $2,000); do not bring or use a road vehicle (r 14, $2,000); observe protections for flora and fauna and avoid disturbing soil or water (r 15, $5,000); do not deposit rubbish or signs (r 16, $5,000); do not carry firearms, weapons or explosives (r 17, $5,000); do not unauthorisedly remove material (r 18, $10,000).
Compliance with road access covenants: An owner of land subject to a road access condition must not contravene or permit another person to contravene the condition, and must not damage or remove barriers erected under the condition (r 31, penalty $50,000).
Provision of accurate information: Persons must not give false or misleading information in or in relation to an application under the Regulations and must not withhold information material to the application (r 57, penalty $50,000).
Fee payment obligations on applicants: Fees for services listed in Schedule 2 are payable on application (r 47(3)); local governments may refuse to process or advertise until estimated fees are paid (r 48(7) and (8A)); additional costs such as advertising, technical assessments and specialist advice are payable by applicants (r 49).

Rights and entitlements

Warden procedures and appointment rights: Wardens must receive a certificate of appointment and must produce the certificate on request while performing their functions (r 7(5), r 8(4)).
Application and notice rights: Applicants for section 135 subdivision approval must be given written notice of the Commission’s decision and, where refused, reasons for refusal (r 22). Similarly, applicants under sections 136 and 139 must be notified in writing and given reasons where refused (r 27).
Submission, hearing and valuation process rights: An owner applying for a valuation under Act s 183 may request to be heard (r 39(2)); the Board’s procedure requires a Board member to inspect and report, and gives applicants a right to be heard, in person or by counsel, with evidence via statutory declaration (r 40(1)-(3)).
Easement holder rights: Easement holders may enter affected land with or without vehicles, survey and test soil, clear vegetation subject to the Environmental Protection Act 1986, excavate and construct works, and retain ownership of installations (r 36(1)-(4)). These statutory powers are explicit and not limited unless another Act provides otherwise (r 34).
Covenant modification and review rights: An owner of land may apply to the Commission to modify or discharge a covenant created because of a road access condition (r 32(1)-(3)). If refused, the Commission must give written reasons and the applicant may apply to the State Administrative Tribunal for review in accordance with Part 14 of the Act (r 32(6)-(7)).
Fee dispute resolution: An applicant may refer a dispute about fees for scheme amendments or structure/local development plans to a Fees Arbitration Panel, whose decision is final (r 51(1)-(3) and rr 54-56).
Administrative fee for Minister’s reasons: A person requesting reasons from the Minister under section 247 of the Act pays a fee of $45 unless the Minister or the SAT directs a waiver, reduction, refund or deferral in a particular case (r 45).

These duties and rights structure the transactional choreography of planning approvals and controls. Duties allocate compliance costs and potential criminal or administrative penalties, while rights secure procedural transparency and administrative review in important areas, for example valuation and covenant modification. Certain duties allocate direct costs to applicants (fees and recoverable additional costs) while others impose compliance costs that are behavioural in nature (e.g., prohibition of vehicles and events on identified State land).

The Regulations establish a two‑track enforcement architecture: specific criminal or regulatory penalties attached to named offences, and a parallel infringement notice system with modified penalties for certain contraventions. Enforcement is performed by wardens, the Commission, local governments and authorised officers consistent with the Act’s general enforcement machinery.

Specified penalties

Part 2 offences: The Regulations set monetary penalties for a range of conduct on identified State land. Examples include: failure to obey a warden or a sign, penalty $5,000 (r 10); lighting fires, camping, or public events, penalty $2,000 (rr 11-12); animals and vehicles on identified State land, penalty $2,000 (rr 13-14); protection of nature breaches and rubbish/sign offences, penalty $5,000 (rr 15-16); firearms, weapons and explosives, penalty $5,000 (r 17); unauthorised removal of material, penalty $10,000 (r 18).
Road access condition breaches: Owners who permit contravention or who destroy barriers face a penalty of $50,000 (r 31).
False or misleading information: A large penalty of $50,000 attaches to giving false or misleading information in or in relation to applications under the Regulations, and to withholding material information (r 57).

Infringement regime and modified penalties

The Regulations prescribe which offences under the Act and the Regulations can be the subject of an infringement notice and assign modified penalties accordingly (r 42(1)-(2)). The table prescribes modified penalties for specific sections of the Act (s 214, s 218, s 220, s 221) at $500 each, and prescribes that offences against Part 2 of the Regulations attract a modified penalty equal to 10% of the maximum penalty provided for the offence, while r 31 is prescribed at $500 (r 42(2) table). The prescribed infringement notice and withdrawal forms are set out in Schedule 1 and are declared the forms for the Act’s ss 229 and 231 (r 43).
This means that many routine contraventions on identified State land can be enforced via expiable infringement notices, with the modified penalty calculated as a share of the maximum penalty or set at the specific modified amount.

Enforcement agents and processes

Wardens: Appointed and certificated by the Commission, wardens have on‑site authority to give directions, order people to leave and enforce Part 2 offences (rr 7-8). The Commission may appoint wardens on an honorary basis (r 7(3)) and must issue written appointments (r 7(1)).
Commission and local governments: The Commission imposes conditions on subdivision, transactions and plans, issues approvals or refusals with reasons (rr 22, 27), and may consent to modifying or discharging covenants (r 32). Local governments collect fees and may enforce planning conditions and collect fees.
Registrar of Titles: Where the Commission endorses approval on a plan or consents to modification/discharge of covenants, it must provide documents to the Registrar and the Registrar may make orders or endorsements evidencing the modifications (r 24, r 32(5)).
Board of Valuers: The Board adjudicates valuation applications under the Act and follows the procedural rules in rr 39-41. Applicants are entitled to be heard; evidence is by statutory declaration (r 40(2)-(3)).
Fee dispute resolution: Fees Arbitration Panels decide fee disputes referred under r 51, are constituted by nominees from WALGA, Commission, RAPI and industry groups, and their decision is final (rr 54-56).

Practical enforcement interaction

The Regulations allow many offences to be dealt with by infringement notices, reducing reliance on court prosecution for lower level breaches (r 42). However, more serious contraventions, such as unauthorised removal of material ($10,000) or breaches of road access covenants ($50,000), carry higher statutory maxima and therefore potentially larger consequences if prosecuted or if an infringement sum equals 10% of the maximum (r 42(2) table).
The statutory requirement that wardens produce their certificate on request (r 8(4)) and the requirement that the Commission provide reasons for refusals (rr 22, 27) create procedural safeguards that inform enforcement legitimacy and later review rights, for example to the State Administrative Tribunal in certain cases (r 32(7)).

This enforcement architecture places primary decision and enforcement power with the Commission and local governments, supported by wardens and administrative panels, and uses both civil penalty‑style infringement notices and higher criminal fines to regulate behaviour on identified State land and in the planning approvals process.

The Regulations repeatedly reference and allocate effect to other Acts. They operate as subordinate legislation to the Planning and Development Act 2005 and interface with statutes governing land titles, utilities, environmental protection, and weapons. The principal interactions in the text are as follows.

Planning and Development Act 2005 (the Act). The Regulations are expressly made under the Act and implement multiple Act provisions. For example they prescribe the form and process for approvals under Act ss 135, 136, 139 and 145 (rr 19-27), establish how section 150 road access conditions are to be specified as covenants (rr 28-32), give effect to the Board of Valuers referenced by the Act (Part 4), and set out offences that are to be the subject of infringement notices under Act s 227 (r 42). The Regulations refer to specific Act sections where they create procedures or forms, for example Schedule 1 for ss 229 and 231 (r 43).
Transfer of Land Act 1893. The Regulations use the term Registrar of Titles as defined under the Transfer of Land Act and provide that diagrams and plans endorsed by the Commission must be forwarded to the Registrar for registration and appropriate entries (r 24; r 32(5)). The title system therefore becomes the vehicle for making covenants and road access conditions enforceable against title.
Firearms Act 2024. Regulation 17(1) imports the Firearms Act 2024 s 6 definition to prohibit firearms on identified State land. This cross‑reference ensures weapon prohibitions align with the weapons statute rather than a standalone definition.
Environmental Protection Act 1986. Regulation 36(1)(c) qualifies easement holders’ power to clear vegetation and remove material by requiring compliance with the Environmental Protection Act 1986. That cross‑reference imposes environmental regulation limits on otherwise broad easement powers.
Water Services Act 2012, Electricity Industry Act 2004, Energy Coordination Act 1994 and other licences. The definition of easement holder (r 33) references licensees under these Acts, tying rights to statutory licences and their holders for utilities. This creates an integrated operational regime where utility licence rights on land are reflected in planning registration and easement depiction.
Strata Titles Act 1985 and Community Titles Act 2018. The Regulations include deposited plans and scheme plans lodged for registration under these Acts in the definition of a plan (r 28, r 33), thereby ensuring that annotations such as road access conditions and easements are capable of being shown on strata and community title plans.
Main Roads Act 1930 and Public Works Act 1902. Regulation 30(2) identifies the possible road control authorities for the purposes of covenantees: the Commissioner of Main Roads, the Minister administering the Public Works Act, or the relevant local government. This allocates responsibility for enforcement and management of road access covenants across public agencies depending on control and management.
Statutory form and process interplays. The Regulations require evidence to the Board of Valuers to be in the form of a statutory declaration (r 40(2)), thereby linking to the statutory declaration regime in the Oaths and Affirmations or Evidence Acts as appropriate. They also require applicant notice publication and local government advertising costs, which interact with local government statutory powers and public notification requirements embedded in other planning instruments.

The effect of these cross‑references is to embed the Regulations within the broader statutory architecture that governs land title, environmental protection, utility supply and road management. In practice this means operational compliance often requires actors to consider multiple regimes: for example, a utility holder exercising easement rights must also ensure compliance with environmental law (r 36(1)(c)), and a Commission endorsement of a plan triggers title registration under the Transfer of Land Act (r 24). The Regulations therefore function as connective tissue between planning administration and other statutory frameworks.

The compilation table within the Regulations records a clear amendment trajectory from 2009 to 2026. The key dates and amendment instruments recorded in the source are:

2009: The Planning and Development Regulations 2009 were published on 19 June 2009 and the substantive provisions commenced on 1 July 2009 (compilation table).
2010: Amendment Regulations 2010, published 14 May 2010, with substantive provisions commencing 1 July 2010 (compilation table).
2011: Amendment Regulations 2011 (24 Mar 2011) and another instrument on 6 May 2011, with operative dates in late March and 1 July 2011 respectively (compilation table).
2013: Amendment Regulations 2013, published 21 May 2013 and commencing 1 July 2013; Reprint 1 reflects the Regulations as at 23 Aug 2013 and a further Amendment No. 2 in November 2013 (compilation table).
2015: Amendment Regulations 2015, published 25 Aug 2015 and commencing 19 Oct 2015 (compilation table).
2019: Amendment Regulations 2019, published 31 Dec 2019 and commencing 1 May 2020 (compilation table); r 28 and r 33 among others were amended around this period (see marginal notes).
2020: Planning Regulations Amendment Regulations 2020 Pt. 3 (SL 2020/252) commenced 15 Feb 2021 (compilation table).
2021: Amendment Regulations 2021 (SL 2021/78), coming into operation in June/July 2021 (compilation table); r 32A (integration of subdivision and development) and other provisions were inserted (marginal notes).
2024: Planning and Development Amendment Regulations 2024 (SL 2024/293) published 21 Dec 2024 with substantive commencement 31 Mar 2025 (compilation table). Regulation 17 (firearms etc) was amended in SL 2024/293 r 4 as noted in the marginal note.
2026: Planning and Development Amendment (State Development) Regulations 2026 (SL 2026/10) published 18 Feb 2026 and commencing 19 Feb 2026 for the substantive provisions; regulation 5 was amended by SL 2026/10 r 4 (see r 5 marginal note).

The marginal notes and reprint references show several targeted amendments, for example:

r 28: amended to refine the definition of plan and the wording around road access conditions, with amendments recorded 31 Dec 2019 and SL 2021/78 r 4.
r 33: amendments recorded 14 Nov 2013, 31 Dec 2019 and SL 2021/78 r 6, reflecting updates to the easement definitions and scope.
r 17: amended by SL 2024/293 r 4 to link the firearm prohibition to the Firearms Act 2024 definition.

Schedules have also been adjusted: Schedule 2, the list of maximum fees for planning services, was inserted or updated at various times, with the heading inserted 21 May 2013 and later amendments in 2015 and 2020 (compilation notes). Schedules 3 and 4, prescribing the format for fee estimates, were amended as recently as SL 2020/252 r 87-88.

The compilation table is explicit about commencement sequencing for each amending regulation and records reprints. The amendment history shows iterative evolution, frequently to align fee structures, integrate new administrative processes (for example DAP‑related fees via r 48A inserted 2011), and to update cross‑references to other legislative changes such as the Firearms Act 2024.

Users should consult the compilation table and marginal notes in the version current at the moment of action because the Regulations are expressly amended and recompiled over time; the source here includes amendments to 2026 and indicates who made the change (e.g., SL numbers) and the dates at which particular provisions became operative.

The Regulations text supplied does not include or cite any judicial decisions or litigation. There are no cases named or reported within the instrument. The Regulations do, however, create administrative and tribunal review pathways and procedural mechanisms that generate potential avenues for litigation or review. The mechanisms set out in the Regulations that are relevant to dispute or litigation risk include the following.

State Administrative Tribunal review: Where the Commission refuses consent to modify or discharge a covenant created under a road access condition, the Regulations provide that a dissatisfied applicant may apply to the State Administrative Tribunal for a review in accordance with Part 14 of the Act (r 32(7)). This is an explicit administrative review route that has litigation characteristics because SAT operates a merits review jurisdiction.
Fees Arbitration Panel decisions: Regulation 51 allows a dispute about amounts payable for services related to scheme amendments and structure/local development plans to be referred to a Fees Arbitration Panel. Regulation 56 indicates that Panel decisions are valid even if made outside a meeting, and r 51(3) declares a Panel’s decision final. The Panel’s finality implies limited internal appeal routes and creates a specialised dispute resolution path; parties displeased with Panel outcomes could seek judicial review on public law grounds in a court, although the Regulations themselves do not create that right.
Commission decisions with reasons: The Commission must give written notice and reasons if it refuses approvals under rr 22 and 27, or if it refuses an application under r 32(6). Written reasons are procedural prerequisites that often form the basis for administrative law challenges or merits review applications under the Act’s Part 14 provisions.
Board of Valuers proceedings: The Board provides process rights to be heard and to present evidence by statutory declaration (r 40). Tribunal or judicial review of Board procedures could arise if procedural fairness issues are alleged, although the Regulations state that proceedings shall not be impugned for want of formality (r 40(5)).
Infringement and prosecution paths: The Regulations prescribe the offences that are eligible for infringement notices (r 42). Where an infringement is unpaid, the Act allows for prosecution in court, which is a potential litigation route for more serious offences or contested matters.

Because the Regulations are procedural and implementational, litigation arising from them is likely to concern administrative law points, the correct application of statutory powers (for example, the scope of Commission discretion under r 21 or r 32), enforceability of covenants and easements registered on title, compliance with environmental law when easement holders clear vegetation (r 36(1)(c)), fee disputes where the legal basis for recovery is contested, and the correctness of valuation and compensation procedures (Part 4). The Regulations themselves do not catalogue cases; legal researchers should search the State administrative and court reports and SAT decisions for disputes arising under these specific regulation provisions or under the Act where the Regulations shape process.

The Regulations contain a number of technical pitfalls and operational details that can produce unintended costs or missed rights if overlooked. Below are practical “gotchas” with their statutory anchors and how they affect behaviour and transaction risk.

Narrow but consequential definition of identified State land. “Identified State land” is not simply any Crown land; it is defined as unallocated Crown land or land vested in or owned by the Crown or Commission that is reserved under a planning scheme, subject to an improvement plan under s 119, or within a State development area declaration (r 5). If land ticks those boxes, a wide suite of prohibitions applies. Practitioners should not assume that public land uses are free-floating; whether a parcel is “identified” will determine whether camping, vehicles, signs, events or fires are prohibited and penalised (rr 11-18).
Part 2 does not apply to wardens on duty and does not override leases. Regulation 6(1) excludes wardens acting in the course of duty from Part 2, and r 6(2) clarifies that the Part does not prevent a lessee from doing acts authorised by the lease nor authorise acts that are prohibited by a lease. This creates a potential tripwire for lessees and lessee lawyers: a lease may permit an activity that would otherwise be prohibited on identified State land, but only if the lease itself authorises it.
Certificate production requirement and cancellation obligation. Wardens must be appointed in writing and carry a certificate of appointment that they must produce on request while performing functions (rr 7(1), 7(5), 8(4)); cancellation requires return of the certificate within 21 days or attracts a fine of $500 (r 7(6)). These procedural requirements can be used to verify enforcement legitimacy and should be checked when contested.
Road access covenant drafting limits the set of potential private covenantees. Road access conditions may nominate as covenantee only the Commission or a road control authority (r 30(1)(c)). Private parties cannot be covenantees under this device, which affects negotiation options: a developer cannot create a private road access covenant with the effectual machinery the regulation contemplates unless the Commission or road control authority is party to it.
Road access breaches attract very high penalties and physical measures can be required. Owners face penalties up to $50,000 for permitting breaches or removing barriers (r 31). The Commission may require physical barriers or other means to ensure compliance (r 29). Owners should budget for physical compliance costs and legal costs for covenant modification applications (r 32).
Easement holders’ statutory operational rights are broad and installations remain their property. Easement holders can enter, excavate, clear vegetation subject to the Environmental Protection Act 1986, and construct works, and the things they install remain their property even when affixed to the land (r 36). Landowners need to be aware that utility installations placed under an easement are likely to remain the property of the utility, with implications for transfer, mortgagee rights and later redevelopment.
Fee caps do not equal total cost certainty. Schedule 2 caps fees a local government may charge for listed services, but r 49 allows local governments to recover additional costs and expenses such as advertising, technical assessments and specialist advice. Further, local governments may require payment of estimated fees before action (r 48(7)) and may refuse to advertise plans until fees are paid (r 48(8A)). Developers who rely on Schedule 2 caps should budget for these add‑ons and for the local government’s right to require payment in advance.
Penalty doubling for commenced development. Several Schedule 2 items impose a doubled fee where development has commenced or been carried out (Sch 2 items 2, 4, 7, 9, 11). This acts like a penalty for non‑compliant commencement and can unexpectedly enlarge fee exposure if work starts before approvals are final.
Modified penalty calculation for Part 2 offences. The Regulations prescribe that the modified penalty for offences against Part 2 is 10% of the maximum penalty provided for the offence (r 42(2) table). For higher maximum penalties, the infringement notice amount can still be significant and practitioners should calculate both the maximum and the 10% modified penalty to advise clients accurately.
High criminal penalties for false or misleading information. Regulation 57 sets a $50,000 fine for providing false or misleading information or withholding material information in relation to an application under the Regulations. This is a substantial financial and reputational risk, and practitioners should ensure that statements are correct and disclosures complete.
Fee dispute finality and panel composition. A Fees Arbitration Panel’s decision is final (r 51(3)). The Panel is constituted in part by industry and interest group nominees (r 54). Parties should assess the Panel process as the likely primary avenue for fee disputes rather than extended administrative appeals.
Administrative formality may not equal procedural robustness. The Board of Valuers’ proceedings are declared not to be impugned for want of formality (r 40(5)). While this allows procedural flexibility, it also places emphasis on ensuring substantive rights such as the right to be heard and the form of evidence (statutory declaration) are handled correctly to avoid surprise outcomes.

These “gotchas” translate into specific client actions: verify land status against planning scheme reservations and improvement plans, check leases for authorisation carve‑outs, prepare for advanced fee demands and additional costs, plan compliance for road access covenants and easement impacts, and be stringent on evidentiary accuracy to avoid the high false‑information penalty.

The Regulations create a mixture of mandatory administrative steps, information requirements and behavioural prohibitions. The following practical compliance checklist, tied to the cited regulations, sets out concrete actions for common actors: landowners, developers, local governments and easement/utility holders.

For developers and applicants

Identify whether the land is “identified State land”. Check planning scheme reservations, improvement plans under s 119 and State development area declarations; if it is, ensure that no prohibited activity under Part 2 will be proposed for the site without Commission written permission (r 5, r 6).
For subdivision (section 135) or related approvals: lodge the prescribed application form and the number of copies of plans required by the Commission, and include all information requested; pay the fee set under Act s 20 at lodgement (r 20).
When preparing approved plans, annotate road access conditions clearly as required: show the annotated portions of boundary on the plan, specify restriction details and covenantee as either the Commission or the road control authority (r 30(1)). If a road control authority is named, confirm which authority has control at present or in future (r 30(2)).
For a diagram or plan of survey submitted under Act s 145, include a request in a form approved by the Commission and be prepared for transmission of the endorsed diagram or plan to the Registrar of Titles and the local government (r 23-24).
If the development has commenced before approval, anticipate doubled fees where Schedule 2 items apply; budget for the additional cost (Sch 2 items 2 and 4, and others where applicable).
Prepare to pay additional recoverable costs such as advertising, specialist assessments and technical resources; local governments may require payment up front or estimate payment (r 49; r 48(7)-(8A)). Request an itemised account if needed (r 50).

For landowners and occupiers of identified State land

Do not carry out activities expressly prohibited under Part 2 without the Commission’s written permission. This includes camping, fires, public events, bringing vehicles, riding animals, and removing material (rr 11-18).
If a warden issues a direction, comply and request to see the warden’s certificate of appointment if you doubt authority (r 8(4)).
If your land is subject to a road access covenant and you believe circumstances have materially changed, apply to the Commission in a form it approves and pay any required fee; if refused, know you have a right to apply to the State Administrative Tribunal (r 32(1)-(7)).

For easement holders and utilities

Ensure easements are depicted on plans that identify the easement holder (r 35).
Where you exercise powers under r 36, ensure compliance with the Environmental Protection Act 1986 when clearing vegetation or removing material (r 36(1)(c)).
Understand that things constructed or installed by the easement holder remain the property of the holder even when affixed to the land (r 36(4)), and plan contractual and operational arrangements accordingly.

For local governments

When imposing fees for services listed in Schedule 2, ensure the fee does not exceed the Schedule 2 maximum unless the local government is exempt under r 53 (r 47(2)).
For scheme amendments and structure/local development plans, produce the Schedule 3 or Schedule 4 estimate, using the capped hourly rates in r 48(5) unless exempted (r 48(3)-(5)), and inform the applicant of total estimated fees; consider reducing estimated fees where appropriate (r 48(6)).
Before refusing to initiate or advertise a request, ensure any required fees have been paid or documented as reduced (r 48(7)-(8A)). Refund unexpended monies if the local government decides not to proceed (r 48(8)).
If incurring costs in providing services listed in Schedule 2, itemise recoverable costs, and provide an itemised account on request (r 49, r 50).
If a dispute arises over amounts payable, be prepared to refer or receive a referral to a Fees Arbitration Panel; its decision will be final (r 51, rr 54-56).

General compliance tips

Maintain accuracy and full disclosure in all submissions and applications to avoid the $50,000 false or misleading information penalty (r 57). Keep contemporaneous records that can be converted to statutory declarations if valuation evidence is required (r 40(2)).
Secure Commission written permissions when proposing activities on identified State land that would otherwise be prohibited, and keep a copy of any such permission on the site if enforcement is likely.
Where covenants or easements are involved, engage early with the Commission, local government and relevant easement holders to determine whether statutory powers imposed by the Regulations will affect project design, access and construction sequencing (rr 30, 36).
For valuation or compensation matters, follow the Board of Valuers’ application mechanics: post or deliver an application to the Board at the Commission office, describe the land and state whether you wish to be heard (r 39). Prepare evidence in statutory declaration form and arrange representation if you want to be heard in person or by counsel (r 40).
If fee disputes are anticipated, understand the composition and processes of the Fees Arbitration Panel and plan submissions accordingly, including bringing itemised accounts or estimates prepared under Schedules 3 and 4 (rr 54-56; Sch 3-4).

Following these steps aligned to the specific regulation numbers will reduce procedural risk, avoid penalty exposure and provide the administrative record required for review if a dispute arises.

Deep Dive

What it does

Current sections