Planning and Development (State Planning Policies) Regulations 2024 (Western Australia)

These regulations create a procedural framework for the preparation, advertising, approval, amendment and repeal of State planning policies (SPPs) in Western Australia under the Planning and Development Act 2005. They came into operation on 1 March 2024 (r 2) and set out who decides, when public consultation is required, the minimum advertising and submission windows, and the approval pathways that lead to a policy becoming operative (rr 3, 6-7, 13-16).

Mechanically, the instrument does the following things. First, it defines types of amendments and proposals , in particular distinguishing administrative amendments, standard amendments and substantial amendments (r 4). That taxonomy determines the procedural path for each amendment type: whether advertising is required (r 6), the length of the advertising period (r 7), and who must approve the final instrument (the Minister or the Governor) (rr 14-15). Second, it prescribes mandatory content and publication requirements for advertisements and online material; advertisements must state purpose, list published documents, and invite submissions in specified formats (rr 9-10). Third, it prescribes the process and timing for Ministerial consideration before advertising (for proposed policies and substantial amendments) (r 8), and for the Minister and Governor to approve instruments (rr 14, 15, 27). Fourth, it sets out the separate process for repeal of an SPP, which may occur either by a new SPP that expressly repeals the earlier policy or by a dedicated instrument of repeal prepared, advertised and approved under Part 3 (r 20).

Operationally, the Commission is required to publish advertisements and copies of the proposed policy or amendment on the Commission’s website for the whole of the advertising period (r 6(2)). Advertising periods are set at 90 days for a proposed policy or proposed substantial amendment, 60 days for a proposed standard amendment (other than an administrative amendment), and 30 days for an instrument of repeal (rr 7, 22). The Commission must give written notice early in the advertising period to local governments and other stakeholders it considers likely to be affected (rr 11, 25), and must consider submissions received in accordance with the regulation (rr 12, 26). Following approval, the Commission must publish notices and copies of the approved policy, update consolidated policy documents and cause Gazettal and notice to affected parties (rr 17-19, 29-30, 19).

CrestWestern Australia

Planning and Development Act 2005

Planning and Development (State Planning Policies) Regulations 2024

Western Australia

Planning and Development (State Planning Policies) Regulations 2024

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Overview 1
Terms used 2

Part 2 — State planning policies and amendments to State planning policies

Division 1 — Preparation of amendments to State planning policies

Preparation of amendment to State planning policy 5

Division 2 — Advertising State planning policies and amendments that are not administrative amendments

Requirement to advertise 5
Advertising period 6
Ministerial approval to advertise 6
Information to be advertised 7
Public submissions 8
Notice of proposal 8
Consideration of submissions 9

Division 3 — Approval and publication of State planning policy or amendment

Submission of proposed policy or proposed amendment to Minister 9
Governor’s approval of State planning policy or substantial amendment to State planning policy 10
Minister’s approval of standard amendment 12
Commencement of approved policy or amendment 13
Documents to be published on Commission’s website following approval of policy or amendment 13
Notice of approval 14
Publication of State planning policies 15

Part 3 — Repeal of State planning policies

Division 1 — Preliminary

Repeal of State planning policy 16

Division 2 — Advertising instrument of repeal

Requirement to advertise instrument of repeal 17
Advertising period 17
Information to be advertised 18
Public submissions 18
Notice of proposed repeal of State planning policy 18
Consideration of submissions 19

Division 3 — Approval and publication of instrument of repeal

Governor’s approval of instrument of repeal 19
Commencement of instrument of repeal 20
Documents to be published on Commission’s website following approval of instrument of repeal 20
Notice of approved instrument of repeal 20

Part 4 — Transitional provisions

Terms used 22
Consultation and public notice process commenced but not completed before 1 March 2024 22
State planning policy or amendment subject to consultation and public notice process under former Act 23

Notes

Compilation table 24

Defined terms

Planning and Development Act 2005

Planning and Development (State Planning Policies) Regulations 2024

Part 1 — Preliminary

1. Citation

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

2. Commencement

These regulations come into operation on 1 March 2024.

3. Overview

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

(2) If the Commission prepares a proposed State planning policy under section 26 of the Act, in order to be effective, the proposed policy must —

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

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

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

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

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

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

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

4. Terms used

In these regulations —

administrative amendment means a standard amendment to a State planning policy that is any of the following —

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

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

(i) a public planning document;

(ii) subsidiary legislation;

(iii) a policy document of a government agency;

advertising period —

(a) for a proposed policy or proposed amendment that is required to be advertised under regulation 6 — means the advertising period that applies under regulation 7; or

(b) for an instrument of repeal — means the advertising period that applies under regulation 22;

approved amendment means an amendment to a State planning policy approved by —

(a) the Governor under regulation 14(6); or

(b) the Minister under regulation 15(1)(a);

approved policy means a State planning policy approved by the Governor under regulation 14(6);

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

government agency means —

(a) a department of the Public Service; or

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

instrument of repeal has the meaning given in regulation 20(1)(b);

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

proposed amendment means a proposed amendment to a State planning policy prepared by the Commission under Part 2 Division 1;

proposed policy means a proposed State planning policy prepared by the Commission under section 26 of the Act;

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

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

public planning document means —

(a) a State planning policy; or

(b) a planning code; or

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

(i) that is available to the public; and

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

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

submission period —

(a) for a proposed policy or proposed amendment — has the meaning given in regulation 10(c); or

(b) for an instrument of repeal — has the meaning given in regulation 24(c);

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

[Regulation 4 amended: SL 2024/99 r. 12.]

Part 2 — State planning policies and amendments to State planning policies

Division 1 — Preparation of amendments to State planning policies

5. Preparation of amendment to State planning policy

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

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

Division 2 — Advertising State planning policies and amendments that are not administrative amendments

6. Requirement to advertise

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

(a) a proposed policy;

(b) a proposed substantial amendment;

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

(a) the advertisement prepared under regulation 9;

(b) a copy of the proposed policy or proposed amendment;

7. Advertising period

(1) The advertising period for a proposed policy or proposed amendment required to be advertised under regulation 6 is —

(a) for a proposed policy or proposed substantial amendment —

(i) 90 days; or

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

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

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

8. Ministerial approval to advertise

(1) The Commission must, before advertising a proposed policy or proposed substantial amendment under regulation 6 —

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

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

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

(a) approve the proposed policy or proposed amendment for advertising; or

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

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

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

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

9. Information to be advertised

For the purposes of regulation 6, the Commission must prepare an advertisement, which must —

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

(b) if the advertisement relates to —

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

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

and

(c) list the documents related to the proposed policy or proposed amendment published on the Commission’s website under regulation 6(2)(b) and (c); and

(d) invite public submissions on the proposed policy or proposed amendment in accordance with regulation 10; and

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

10. Public submissions

For the purposes of regulation 9(d), the invitation must —

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

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

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

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

11. Notice of proposal

The Commission must, as early as practicable during the advertising period for a proposed policy or proposed amendment advertised under regulation 6, give written notice of the advertisement prepared under regulation 9 to the following —

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

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

12. Consideration of submissions

The Commission, in relation to a proposed policy or proposed amendment that has been advertised under regulation 6 —

(a) must consider all submissions that are made in response to the invitation under regulation 9(d) —

(i) during the submission period; and

(ii) in accordance with the requirements referred to in regulation 10(b) and (d); and

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

and

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

(i) that is made in response to the invitation under regulation 9(d); but

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

Division 3 — Approval and publication of State planning policy or amendment

13. Submission of proposed policy or proposed amendment to Minister

(1) After the Commission has completed its consideration of submissions under regulation 12 in relation to a proposed policy, a proposed substantial amendment or a proposed standard amendment (other than a proposed administrative amendment), the Commission must —

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

(b) submit the proposed policy or proposed amendment to the Minister.

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

14. Governor’s approval of State planning policy or substantial amendment to State planning policy

(1) If a proposed policy or proposed substantial amendment is submitted to the Minister under regulation 13(1)(b), or subregulation (4)(b)(iii) or (5)(c) of this regulation, the Minister may —

(a) submit the proposed policy or proposed amendment to the Governor and recommend its approval; or

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

(2) The Minister must give the Commission written notice of a decision under subregulation (1).

(3) If the Minister requires a proposed policy or proposed substantial amendment to be modified under subregulation (1)(b), the notice —

(a) must describe the modification required; and

(b) may include a requirement that the Commission advertise the modified proposed policy or proposed amendment in the manner specified in the notice.

(4) If given a notice referred to in subregulation (3), the Commission must —

(a) modify the proposed policy or proposed substantial amendment as required; and

(b) do whichever of the following is applicable —

(i) if required to do so under the notice — advertise the modified proposed policy or proposed substantial amendment in the manner required;

(ii) if subparagraph (i) does not apply but the Commission considers that the modified proposed policy or proposed substantial amendment should be advertised — advertise the modified proposed policy or proposed amendment in a manner that the Commission considers appropriate;

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

(5) If the modified proposed policy or proposed substantial amendment is advertised by the Commission under subregulation (4)(b)(i) or (ii), the Commission must —

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

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

(6) The Governor may approve a proposed policy or proposed substantial amendment submitted and recommended by the Minister under subregulation (1)(a).

15. Minister’s approval of standard amendment

(1) If a proposed standard amendment is submitted to the Minister under regulation 13(1)(b) or (2), or subregulation (4)(b)(iii) or (5)(c) of this regulation, the Minister may —

(a) approve the proposed amendment; or

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

(2) The Minister must give the Commission written notice of a decision under subregulation (1).

(3) If the Minister requires a proposed standard amendment to be modified under subregulation (1)(b), the notice —

(a) must describe the modification required; and

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

(4) If given a notice referred to in subregulation (3), the Commission must —

(a) modify the proposed standard amendment as required; and

(b) do whichever of the following is applicable —

(i) if required to do so under the notice — advertise the modified proposed standard amendment in the manner required;

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

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

(5) If the modified proposed standard amendment is advertised by the Commission under subregulation (4)(b)(i) or (ii), the Commission must —

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

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

16. Commencement of approved policy or amendment

An approved policy or approved amendment comes into operation on a day specified in the instrument of approval, and different days may be specified for different provisions.

17. Documents to be published on Commission’s website following approval of policy or amendment

As soon as practicable after a proposed policy or proposed amendment is approved under regulation 14(6) or 15(1)(a), but before any provision of the approved policy or approved amendment comes into operation, the Commission must publish the following on the Commission’s website —

(a) a notice that states when the approved policy or approved amendment comes into operation;

(b) as the case requires —

(i) a copy of the approved policy; or

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

18. Notice of approval

(1) As soon as practicable after a proposed policy or proposed amendment is approved under regulation 14(6) or 15(1)(a), but before any provision of the approved policy or approved amendment comes into operation, the Commission must cause notice of the approval —

(a) to be published in the Gazette; and

(b) if relevant, to be provided to the following —

(i) any body or person who was notified under regulation 11;

(ii) any body or person who made a submission that was considered by the Commission under regulation 12.

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

(a) when the approved policy or approved amendment comes into operation;

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

(i) a copy of the approved policy;

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

(c) in the case of an approved standard amendment that is an administrative amendment — the reason why the Commission considers that the amendment is an administrative amendment.

19. Publication of State planning policies

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

Part 3 — Repeal of State planning policies

Division 1 — Preliminary

20. Repeal of State planning policy

(1) A State planning policy may be repealed by —

(a) a new State planning policy that —

(i) comes into operation in accordance with regulation 16; and

(ii) expressly repeals the State planning policy;

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

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

(ii) is advertised in accordance with regulation 21; and

(iii) is approved by the Governor under regulation 27(4); and

(iv) comes into operation in accordance with regulation 28.

(2) The repeal of a State planning policy takes effect —

(a) if the policy is being repealed by a new State planning policy — on the day on which the provision of the new State planning policy that repeals the State planning policy comes into operation under regulation 16; or

(b) if the policy is being repealed by an instrument of repeal — on the day on which the instrument of repeal comes into operation under regulation 28.

Division 2 — Advertising instrument of repeal

21. Requirement to advertise instrument of repeal

(1) The Commission must advertise, for public inspection and public submissions, an instrument of repeal prepared under regulation 20(1)(b)(i).

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

(a) the advertisement prepared under regulation 23;

(b) a copy of the instrument of repeal;

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

22. Advertising period

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

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

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

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

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

23. Information to be advertised

For the purposes of regulation 21, the Commission must prepare an advertisement, which must —

(a) contain a statement as to why it is proposed to repeal the State planning policy to which the instrument of repeal relates; and

(b) list the documents related to the proposal to repeal the State planning policy published on the Commission’s website under regulation 21(2)(b) to (d); and

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

24. Public submissions

For the purposes of regulation 23(c), the invitation must —

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

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

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

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

25. Notice of proposed repeal of State planning policy

The Commission must, as early as practicable during the advertising period for an instrument of repeal, give written notice of the advertisement prepared under regulation 23 to the following —

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

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

26. Consideration of submissions

The Commission, in relation to an instrument of repeal —

(a) must consider all submissions that are made in response to the invitation under regulation 23(c) —

(i) during the submission period; and

(ii) in accordance with the requirements referred to in regulation 24(b) and (d);

and

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

(i) that is made in response to the invitation under regulation 23(c); but

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

Division 3 — Approval and publication of instrument of repeal

27. Governor’s approval of instrument of repeal

(1) After the Commission has completed its consideration of submissions under regulation 26, the Commission must —

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

(b) make a recommendation to the Minister as to whether or not the Minister should recommend the approval of the instrument of repeal to the Governor.

(2) After receiving the Commission’s recommendation under subregulation (1)(b), the Minister must —

(a) submit the instrument of repeal to the Governor and recommend its approval; or

(b) decide not to recommend the approval of the instrument of repeal to the Governor.

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

(4) The Governor may approve an instrument of repeal submitted and recommended by the Minister under subregulation (2)(a).

28. Commencement of instrument of repeal

An instrument of repeal approved by the Governor under regulation 27(4) comes into operation on a day specified in the instrument approving the instrument of repeal.

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

As soon as practicable after an instrument of repeal has been approved by the Governor under regulation 27(4), but before the instrument of repeal comes into operation, the Commission must publish the following on the Commission’s website —

(a) a notice that states the day on which the State planning policy to which the instrument of repeal relates will be repealed;

(b) a copy of the instrument of repeal.

30. Notice of approved instrument of repeal

(1) As soon as practicable after an instrument of repeal has been approved by the Governor under regulation 27(4), but before the instrument of repeal comes into operation, the Commission must cause notice of the approved instrument of repeal —

(a) to be published in the Gazette; and

(b) to be provided to the following —

(i) any body or person who was notified under regulation 25;

(ii) any body or person who made a submission that was considered by the Commission under regulation 26.

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

(a) the day on which the State planning policy to which the instrument of repeal relates will be repealed;

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

Part 4 — Transitional provisions

31. Terms used

In this Part —

consultation and public notice process —

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

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

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

proposed SPP amendment —

(a) means a proposed amendment to a State planning policy prepared under section 31(1) of the former Act before 1 March 2024; but

(b) does not include a proposed R-Codes amendment as defined in the Planning and Development (Planning Codes) Regulations 2024 regulation 28.

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

A consultation and public notice process in relation to a proposed State planning policy or proposed SPP amendment that commenced, but was not completed, before 1 March 2024 may be completed in accordance with the requirements of section 28 of the former Act rather than these regulations.

33. State planning policy or amendment subject to consultation and public notice process under former Act

(1) This regulation applies if —

(a) the consultation and public notice process for a proposed State planning policy or proposed SPP amendment commences before 1 March 2024 and is completed under regulation 32; or

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

(2) For the purposes of the application of these regulations to the proposed State planning policy or proposed SPP amendment —

(a) the Commission is taken to have complied with the applicable requirements of Part 2 Division 2 in relation to advertising, and considering submissions on, the proposed State planning policy or proposed SPP amendment; and

(b) these regulations apply with any necessary changes.

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Notes

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

Compilation table

Citation	Published	Commencement
Planning and Development (State Planning Policies) Regulations 2024	SL 2024/26 21 Feb 2024	1 Mar 2024 (see r. 2)
Planning and Development Regulations Amendment (Consequential Matters) Regulations 2024 Pt. 4	SL 2024/99 12 Jun 2024	1 Jul 2024 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

administrative amendment 4

advertising period 4

approved amendment 4

approved policy 4

Commission’s website 4

consultation and public notice process 31

former Act 31

government agency 4

instrument of repeal 4, 20(1)

proposed administrative amendment 4

proposed amendment 4

proposed policy 4

proposed SPP amendment 31

proposed standard amendment 4

proposed substantial amendment 4

public planning document 4

standard amendment 4

submission period 4, 10, 24

substantial amendment 4

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Planning and Development Act 2005

Planning and Development (State Planning Policies) Regulations 2024

Western Australia

Planning and Development (State Planning Policies) Regulations 2024

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Overview 1
Terms used 2

Part 2 — State planning policies and amendments to State planning policies

Division 1 — Preparation of amendments to State planning policies

Preparation of amendment to State planning policy 5

Division 2 — Advertising State planning policies and amendments that are not administrative amendments

Requirement to advertise 5
Advertising period 6
Ministerial approval to advertise 6
Information to be advertised 7
Public submissions 8
Notice of proposal 8
Consideration of submissions 9

Division 3 — Approval and publication of State planning policy or amendment

Submission of proposed policy or proposed amendment to Minister 9
Governor’s approval of State planning policy or substantial amendment to State planning policy 10
Minister’s approval of standard amendment 12
Commencement of approved policy or amendment 13
Documents to be published on Commission’s website following approval of policy or amendment 13
Notice of approval 14
Publication of State planning policies 15

Part 3 — Repeal of State planning policies

Division 1 — Preliminary

Repeal of State planning policy 16

Division 2 — Advertising instrument of repeal

Requirement to advertise instrument of repeal 17
Advertising period 17

The regulations hinge on a small set of definitional and procedural concepts that determine the applicable process.

Proposed policy and proposed amendment. A "proposed policy" is a proposed SPP prepared by the Commission under s 26 of the Act (r 4). A "proposed amendment" is an amendment to an SPP prepared under Part 2 Division 1 (r 4, r 5). These are the primary objects the regulations govern (rr 3(2), 5).
Administrative amendment, standard amendment, substantial amendment. The regulations subdivide amendments into three categories (r 4). An administrative amendment is a subset of standard amendments and includes correcting administrative or minor errors, correcting map/plan/diagram errors, or addressing inconsistencies with public planning documents, subsidiary legislation or government agency policy (r 4, definitions). A standard amendment is an amendment the Commission considers does not constitute a substantial alteration to the policy. A substantial amendment is any amendment that is not a standard amendment. The category determines advertisement requirements (r 6), advertising length (r 7), and approval pathway (rr 14-15).
Advertising and advertising period. Where advertising is required, the Commission must publish on the Commission’s website for the whole of the advertising period: the advertisement, a copy of the proposed policy or amendment, and any other documents it considers appropriate (r 6(2)). Advertising periods are prescribed at 90 days for a proposed policy or substantial amendment and 60 days for a standard amendment (other than an administrative amendment) (r 7). An instrument of repeal has a 30-day advertising period (r 22).
Ministerial and Governor approvals. The regulations distinguish the roles of the Minister and Governor. The Minister must approve advertising of a proposed policy or proposed substantial amendment before the Commission may advertise it (r 8). The Governor must approve a proposed policy or proposed substantial amendment recommended by the Minister (r 14(6)). The Minister may approve a proposed standard amendment (r 15(1)(a)). Instruments of repeal must be recommended by the Commission to the Minister and then approved by the Governor (r 27).
Public submissions and notice obligations. Advertisements must invite public submissions and set out how submissions may be made, including electronic and hard copy options, and the submission period which must equal the advertising period (rr 9-10, 24). The Commission must give written notice, as early as practicable during the advertising period, to local government(s) whose districts are likely to be affected and to government agencies, representative groups or persons the Commission considers have an interest (rr 11, 25). The Commission must consider all submissions made in the submission period that meet specified requirements (rr 12, 26).
Publication and commencement. Approved policies and amendments come into operation on days specified in instruments of approval and may specify different days for different provisions (r 16). Before a provision comes into operation, the Commission must publish on its website notice of commencement and a copy of the approved policy or an updated consolidated SPP (r 17). The Commission must ensure consolidated copies of every SPP in operation are published on its website (r 19).
Repeal mechanisms. An SPP may be repealed by a new SPP that expressly repeals it (r 20(1)(a)) or by an instrument of repeal prepared by the Commission with Ministerial agreement or direction, advertised and approved by the Governor (r 20(1)(b), Part 3). Advertising for instruments of repeal must include the instrument, the policy proposed to be repealed and an explanation of why repeal is proposed (rr 21-23).
Transitional concepts. The regulations expressly allow completion of consultation and public notice processes commenced under the former Act, and treat such completion as compliance for the purposes of advertising and consulting under these regulations (rr 31-33). The definition of "proposed SPP amendment" in the transitional provisions excludes certain R-Codes amendments as defined in the Planning and Development (Planning Codes) Regulations 2024 (r 31).

These concepts allocate decision rights and procedural obligations across the Commission, the Minister and the Governor, and structure when and how the public and local government are involved. The regulatory taxonomy also creates discrete procedural shortcuts and exemptions (for example, administrative amendments) that reduce procedural friction for minor changes, while retaining longer consultation windows for new policies and substantial amendments (rr 4-8, 22).

The regulations create duties and rights that affect specific public bodies and private stakeholders differently. Identification of affected parties follows directly from the text.

Western Australian Planning Commission (the Commission). The Commission is the central actor charged with preparing proposed policies and proposed amendments, advertising proposals (when required), publishing documents on the Commission’s website, notifying affected local governments and stakeholders, considering submissions, making modifications, submitting proposals to the Minister, publishing notices after approval, and maintaining consolidated SPPs on its website (rr 3-6, 9-13, 17-19, 21-30). The Commission also prepares instruments of repeal on the agreement or direction of the Minister and must make recommendations to the Minister on whether the Minister should recommend repeal to the Governor (rr 5, 20, 27).
The Minister. The Minister has several formal control points. The Commission must obtain the Minister’s approval before advertising a proposed policy or proposed substantial amendment (r 8(1)). For policies or substantial amendments submitted after consultation, the Minister may recommend approval to the Governor, require modification, or decline to recommend approval (r 14(1)). For standard amendments, the Minister may approve, require modification or refuse approval (r 15(1)). The Minister receives submissions and provides written notice of decisions to the Commission (rr 8(3), 14(2), 15(2), 27(2)-(3)).
The Governor. The Governor is the approving authority for proposed policies and proposed substantial amendments recommended by the Minister (r 14(6)), and for instruments of repeal recommended by the Minister (r 27(4)). Approved policies and instruments of repeal come into operation on days specified in the respective instruments (rr 16, 28).
Local governments. The Commission must give written notice during the advertising period to any local government whose district the Commission considers likely to be affected by a proposed policy, proposed amendment, or proposed instrument of repeal (rr 11, 25). Local governments are therefore directly notified stakeholders and may make submissions.
Government agencies and representative groups. The Commission must give early written notice to government agencies, representative groups or persons it considers have an interest in the proposal (rr 11, 25). The definition of "government agency" covers departments of the Public Service and bodies established under written law for public purposes (r 4).
Interested members of the public and regulated parties. The regulations explicitly create a public submission right. Invitations must permit electronic or hard copy submissions and the Commission must consider submissions made in the designated submission period and in accordance with form requirements (rr 9-12, 23-26). Planning practitioners, developers, industry peak bodies, advocacy groups and private citizens are thus affected because their rights to be heard, and the weight given to their submissions, are codified.
Planning professionals and private-sector advisers. Because SPPs set statewide planning policy, planners, consultants, surveyors, architects, developers and lawyers who advise on planning approvals will be materially affected by new or amended SPPs. The regulations affect how early these stakeholders can engage (advertising windows), the documentation they must consult (published materials on the Commission’s website during the advertising period), and the formalities of making submissions (r 10).
Bodies and persons notified after approval. The Commission must provide notice of approval to any body or person notified under regs 11 or 25 and to those whose submissions were considered (rr 18(1)(b), 30(1)(b)). That creates a closed list of parties entitled to formal notification following approval.
Entities affected by repeal. Repeal can be effected by a new SPP or a specific instrument of repeal. Parties who must be given notice and can make submissions in relation to repeal mirror those for policy or amendment advertising (Part 3).

The distribution of duties and rights is asymmetric. The Commission bears the operational burden of publication, public notification and consideration of submissions, and is required to coordinate with the Minister (rr 6, 9-13, 17-19, 21-27). The Minister holds gatekeeping authority over advertising and approval for substantial measures (rr 8, 14). The Governor holds the final formal approval capacity for policies and instruments of repeal when recommended by the Minister (rr 14(6), 27(4)). Those who pay the compliance cost are primarily the Commission (administrative resourcing), and secondarily affected local governments, agencies and members of the public that choose to prepare submissions. Private-sector stakeholders bear the cost of monitoring advertisements, preparing submissions, and adapting projects to any resulting SPPs.

This Part sets out the principal procedural duties imposed by the regulations, and the rights created for stakeholders.

Duties placed on the Commission

Prepare and advertise. The Commission must advertise (for public inspection and submissions) a proposed policy, proposed substantial amendment and proposed standard amendment other than an administrative amendment (r 6(1)). Advertising is effected by publishing the advertisement, the proposed policy/amendment and any other documents it considers appropriate on the Commission’s website for the whole advertising period (r 6(2)).
Prepare the advertisement. The advertisement must state the purpose of the proposal, indicate if a proposed policy repeals another SPP or explain why a proposed standard amendment is standard, list related documents published, invite public submissions, and may contain other appropriate information (r 9).
Allow submissions and set submission processes. The advertisement must set out how submissions may be made electronically or in hard copy, and the submission period which must equal the advertising period (r 10).
Notify stakeholders. The Commission must give written notice, as early as practicable during the advertising period, to affected local governments and any government agencies, representative groups or persons the Commission considers have an interest (r 11).
Consider submissions. The Commission must consider all submissions made during the submission period and in accordance with the requirements; for standard amendments, only submissions directed to the amendment must be considered (r 12). For instruments of repeal, similar duties to consider submissions apply (r 26).
Modify and submit. After considering submissions, the Commission must make any modifications it considers appropriate and submit the proposed policy or proposed amendment to the Minister (r 13(1)). For administrative amendments, the Commission must submit the proposed amendment to the Minister after preparing it (r 13(2)).
Publish post-approval material. After approval but before commencement, the Commission must publish notice of commencement and a copy of the approved policy or the updated consolidated SPP on its website (r 17). It must also cause Gazettal and notify relevant bodies and persons (r 18).
Maintain consolidated policies. The Commission must ensure a consolidated copy of each SPP in operation is published on its website (r 19).

Duties and discretions of the Minister

Pre-advertising approval. The Commission must submit a proposed policy or proposed substantial amendment to the Minister and obtain the Minister’s approval before advertising (r 8(1)). The Minister may approve advertising, require modification, or refuse approval, and must give written notice of the decision including details of required modifications (r 8(2)-(4)).
Post-submission decisions. On receiving a proposed policy or substantial amendment after consultation, the Minister may recommend approval to the Governor, require modification, or not recommend approval (r 14(1)). For standard amendments, the Minister may approve, require modification, or decide not to approve (r 15(1)). The Minister must notify the Commission in writing of decisions (rr 14(2), 15(2)).

Duties and powers of the Governor

Formal approval. The Governor may approve a proposed policy or proposed substantial amendment that is submitted and recommended by the Minister (r 14(6)). The Governor may approve an instrument of repeal recommended by the Minister (r 27(4)). Approved instruments specify commencement dates (rr 16, 28).

Rights of the public and other stakeholders

Right to be heard. Members of the public, local governments and government agencies have a right to make submissions during the submission period and in the prescribed forms (rr 10, 24).
Right to receive notice of approval. Bodies or persons notified during advertising, and those who made submissions that were considered, must be provided notice of approval and publication details (rr 18(1)(b), 30(1)(b)).
Access to published documents. The Commission must publish advertisements, proposed instruments, submissions related documents, approved instruments and consolidated SPPs on its website and must publish Gazettal notices (rr 6, 17-19, 21-23, 29-30).

Procedural consequences and commencement

The timing and form of commencement is controlled by the approving instrument; different provisions of an approved policy or amendment may commence on different days (r 16). The Commission must publish commencement notices and updated texts before those provisions take effect (r 17).

Rights of internal decision-makers and limits

The regulations create discretion for the Commission to decide to consider additional submissions beyond those it must consider (rr 12(b), 26(b)). The Minister has discretion to require modifications and to require re-advertising in notices of required modifications (rr 8(2)(b), 14(3), 15(3)). The Commission and Minister therefore exercise significant administrative judgment within the procedural structure.

Notably, these regulations do not, within their text, create criminal offences, civil penalties or explicit regulatory sanctions tied to non-compliance by third parties. Compliance and enforcement are exercised through the prescribed administrative processes leading to the formal approval and commencement of SPPs, and through the Ministerial and gubernatorial decision points that determine whether instruments advance to operation (Parts 2-3).

The regulations are structured as procedural rules for making, amending and repealing State planning policies; they do not themselves specify offences, fines or express civil penalties. A careful reading of the text discloses no penalty clauses within Parts 1-4 that impose sanctions on persons for failure to comply with advertisement or submission requirements, or that criminalise non‑compliance by stakeholders (entire instrument). The regulatory obligations are placed mainly on the Commission, the Minister and to some extent on the Governor as an approving authority.

Enforcement, therefore, is administrative and process-based:

Approval gatekeeping. The Minister and Governor hold formal powers to refuse to allow advertising (r 8(2)(c)), to require modification (rr 8(2)(b), 14(1)(b), 15(1)(b)) and to decline to recommend or approve proposals (rr 14(1)(c), 15(1)(c), 27(2)(b)). These powers operate as checks on proposed instrument progression rather than as monetary or criminal sanctions.
Procedural compliance by the Commission. The Commission must follow the specified steps for advertising, consultation, consideration of submissions, modification and publication (rr 6-13, 17-19, 21-27). Non‑compliance could be subject to administrative consequences through internal government accountability mechanisms, ministerial direction, or political oversight; the text itself does not create statutory penalties for such breaches.
Publication and transparency obligations. The obligation to publish draft instruments, related documents and consolidated SPPs on the Commission’s website (rr 6(2), 17, 19, 21(2)) creates public transparency and thereby a reputational enforcement mechanism: failures to publish are visible and likely to attract ministerial or public scrutiny.

Legal remedies outside the regulations. The regulations do not specify judicial remedies nor curtail existing administrative law avenues. Because the instrument imposes discrete public law duties on decision-makers (for example, duties to invite and consider submissions in specified ways, and duties to publish notices), the usual avenues of judicial review under general administrative law could be implicated in principle by failures to comply with procedural requirements; however, the regulations themselves contain no provision creating or limiting such review. The text does not mention merits review tribunals or appeal rights.

Practical enforcement risk and implementation issues

The absence of penalty provisions shifts the locus of enforcement risk to political, reputational and administrative channels rather than pecuniary sanctions. Entities affected by a failure to follow procedure (for example, a local government that did not receive notice) would need to rely on administrative law remedies (judicial review) or political processes rather than statutory penalty enforcement embedded in the regulations.
The Minister’s statutory gatekeeping powers (r 8, rr 14-15) are a principal mechanism for ensuring procedural compliance by the Commission: the Minister can refuse approval to advertise or refuse to recommend approval of an instrument, which can stall or terminate an instrument’s progress through the statutory pipeline.

In short, the regulations provide procedural controls, transparency obligations and formal approval gates but do not create dedicated sanctions or enforcement penalties within their text. Compliance consequences therefore operate through administrative process constraints, publication and ministerial/Governor discretion rather than through criminal or civil penalty regimes in the instrument itself.

The regulations sit within the Planning and Development Act 2005 framework and expressly reference the Act, the former Act, and other planning instruments. The interaction is primarily procedural, integrating SPP processes into the broader planning legislative architecture.

Primary statutory relationship with the Act

The regulations implement procedural matters for SPPs prepared under section 26 of the Planning and Development Act 2005 (r 3(2)). The Commission’s power to prepare SPPs is rooted in the Act; these regulations prescribe how SPPs and their amendments must be processed to be effective (Part 2).
The Minister and Governor approval roles in the regulations are complementary to the decision-making structure in the Act. The regulations require the Commission to submit proposed SPPs and proposed substantial amendments to the Minister before advertising (r 8(1)), and to submit final versions to the Minister for onward recommendation to the Governor (r 13, r 14(1)(a)). The Governor’s approval under regulation 14(6) implements the Act’s formal approval mechanism for SPPs.

Interaction with the former Act and transitional arrangements

Part 4 contains transitional provisions allowing processes that commenced under the former Act (the Act as in force immediately before 1 March 2024) to be completed under the former Act’s section 28 rather than the new regulations (r 32). Where a consultation and public notice process under the former Act was completed before 1 March 2024 but approval was not given by the Governor before that date, the Commission is taken to have complied with the applicable Part 2 Division 2 requirements and the regulations apply with any necessary changes (r 33(2)). This avoids duplicate procedural burdens during the legislative transition.

Interaction with subsidiary regulations

The definition of "public planning document" in regulation 4 includes planning codes and documents prepared by the Commission under section 14(c)(i), (ii), (iii) or (vi) or (d) of the Act (r 4). The transitional provisions also reference the Planning and Development (Planning Codes) Regulations 2024 for the exclusion of certain R-Codes amendments from the "proposed SPP amendment" definition (r 31). That indicates operational cross-linking between these regulations and other subordinate instruments that govern planning codes and technical rules.

Links to internal government policy documents and agencies

The definition of "government agency" (r 4) and the content requirement for advertisements to list any policy documents of government agencies considered relevant (r 9(b)(ii)) integrate agency policy instruments into the consultation process. Administrative amendments may be used to address inconsistencies between an SPP and "a policy document of a government agency" (r 4).

Publication and statutory notices

The regulations require Gazettal (r 18(1)(a), r 30(1)(a)) and website publication (multiple provisions, e.g. rr 6(2), 17, 29) thereby aligning the SPP process with statutory publication practices used across the planning framework and enabling contemporaneous public access to the current operative SPPs (r 19). Gazettal and website publication are standard formalities under planning legislation, and these regulations prescribe their timing relative to commencement.

Administrative law overlay

While the regulations are procedural, they impose public law duties on the Commission and Minister to advertise, consider submissions and give written notices (rr 6, 9-13, 17-19, 21-27). Those duties intersect with common law and statutory administrative law principles such that failures to comply with required procedures might give rise to legal challenges under judicial review grounds. The regulations themselves do not limit or specify judicial review rights.

Scope and limits vis-à-vis local planning instruments

The regulations do not amend the substance of local planning schemes or codes, but SPPs established under the Act commonly set policy directions that local planning instruments must have regard to. By specifying the SPP-making process, these regulations indirectly influence local decision-making by determining when and how statewide policy directions are updated and when local governments receive formal notice and consultation opportunities (rr 11, 25).

In sum, the regulations function as a procedural complement to the Act, tie in with other subordinate regulation instruments (for example planning codes), and provide transition rules for processes that straddle the legislative change. Their primary interactions are with the Act’s sections that empower the Commission to prepare SPPs and with standard publication and administrative law requirements applicable across the planning statute book.

The instrument includes a compilation table and internal notes that record its initial gazettal and at least one consequential amendment. The text itself contains an explicit amendment marker and the compilation table identifying further legislative instruments.

Initial enactment and commencement

The Planning and Development (State Planning Policies) Regulations 2024 were published as SL 2024/26 on 21 February 2024 and came into operation on 1 March 2024 (r 2; compilation table entry for SL 2024/26). The regulations therefore implement the procedural framework for SPPs from that date.

Subsequent amendment recorded

The compilation table records the Planning and Development Regulations Amendment (Consequential Matters) Regulations 2024 Pt. 4, SL 2024/99, published 12 June 2024 and with a commencement date of 1 July 2024 in respect of provisions specified in that amendment instrument (compilation table). Within the principal text, regulation 4 includes an amendment note: "[Regulation 4 amended: SL 2024/99 r. 12.]" That confirms that at least reg 4 (terms used) was amended by SL 2024/99 (r 12 of that instrument), and that the consequential amendment instrument effected changes that are captured in the current consolidated text.

Internal markers of amendment

The Defined terms list at the end of the compilation states that terms such as "administrative amendment", "advertising period", "approved amendment", and others are defined and the list notes the provision numbers (Definitions). The presence of the bracketed amendment note for reg 4 indicates that definitions were revised by SL 2024/99; the reader must consult SL 2024/99 r 12 for the exact textual change history.

Transitional treatment of pre-existing processes

The transitional Part 4 (rr 31-33) shows that the regulations were drafted to accommodate ongoing processes under the former Act, which suggests that the amendment history includes a deliberate transition design. Regulation 32 allows consultation and public notice processes commenced before 1 March 2024 under the former Act’s s 28 to be completed under the former Act, and regulation 33 treats certain completed former Act consultations as compliance with the new rules. These transitional provisions are part of the initial regulatory architecture and reflect the legislative sequencing rather than later amendment.

Practical implications of amendment history

The immediate post-enactment amendment SL 2024/99 is described as "Consequential Matters", which implies adjustments to definitions or procedural cross-references rather than fundamental changes to process. The visible amendment to reg 4 (definitions) can materially affect which types of amendments attract advertising requirements or Ministerial involvement, because reg 4 defines administrative, standard and substantial amendments which determine subsequent procedures (rr 4, 5-7, 14-15). The exact nature of the change should be checked in the SL 2024/99 instrument for those advising clients on narrow categorisation issues.

Where to look for further amendment history

The compilation table at the end of the instrument is the starting point for amendment tracking. For authoritative historical text and marginal notes, practitioners should consult the consolidated instrument on the Western Australian legislation website and examine the amending instruments SL 2024/99 and any later SLs referenced in the compilation table or marginal notes.

In sum, the instrument came into effect 1 March 2024 and has at least one confirmed consequential amendment recorded as SL 2024/99 (affecting reg 4). The amendment history so far appears to be limited to definitional and consequential technical adjustments rather than structural rewrites of the procedures; however, because definitions drive which procedural routes apply, changes recorded at reg 4 can have operational significance.

The regulations themselves do not include any case citations or references to judicial decisions. The instrument contains no annexed or embedded litigation history, and the statutory text does not refer to any judicial pronouncements or litigation outcomes. The document does not identify existing or concluded litigation challenging its provisions, and the compilation notes do not list cases.

Practical observations relevant to litigation risk

Procedural duties. The regulations impose detailed procedural obligations on the Commission and the Minister , including requirements to advertise, invite submissions, consider submissions received in accordance with prescribed requirements, and notify specified parties (rr 6-13, 17-19, 21-27). Procedural obligations of this character are commonly the basis for administrative law challenges where an affected party alleges a failure to follow statutory process. While the instrument contains no litigation history, those advising clients should recognise that non‑compliance with mandatory advertising or consultation requirements could be an actionable ground for judicial review under general administrative law principles (for example on grounds of procedural fairness or jurisdictional error), although the regulations themselves do not specify remedies.
Discretion and reviewability. The regulations confer several discretions (for example the Commission can decide to consider submissions it is not required to consider, rr 12(b), 26(b); the Minister may require modifications and may demand re-advertising, r 14(3); the Commission may extend advertising periods in some circumstances, r 7(2)). The exercise of such discretions is typically reviewable on standard public law grounds if the discretion is exercised unlawfully, irrationally or for an improper purpose. The regulations do not include privative clauses limiting judicial review.
No recorded cases in the instrument. Because no litigation history is recorded in the regulations, practitioners should consult court databases and administrative tribunals for any challenges that may have arisen after the regulations’ commencement. The absence of litigation within the instrument does not preclude subsequent legal challenge.
Transitional and historical decisions. The transitional provisions allow processes commenced under the former Act to be completed under the former Act or to be treated as compliance (rr 32-33). Challenges arising from transitional overlaps could be a source of litigation if parties contend that transitional arrangements produced procedural unfairness.

What the instrument itself records

The regulations record no litigation history, contain no references to case law, and include no statutory statements about the availability or exclusion of judicial review or merits review. The practical litigation implications are therefore derivative (procedural requirements that may be enforceable through general administrative law) rather than explicit within the instrument.

Advisory note for practitioners

Given the procedural nature of the regulations and their potential to affect substantive planning outcomes, practitioners should monitor administrative decisions under the instrument for error, and consider administrative law remedies where procedural non-compliance can be established. For any specific dispute, check the applicable case law post-dating these regulations and examine whether judicial review or other relief has been sought in particular matters concerning SPP approvals, modifications, or repeals.

This instrument contains a number of technical features and procedural traps for the unwary. The following are concrete “gotchas” drawn directly from the text.

Administrative amendment exemption is narrow but consequential (r 4; r 6). An administrative amendment is excluded from the advertising requirements that otherwise apply to standard amendments. The definition is specific: correcting administrative or minor errors; correcting errors in maps/plans/diagrams; or addressing an inconsistency between the SPP and a public planning document, subsidiary legislation or a policy document of a government agency (r 4). Misclassifying an amendment as administrative when it is substantial risks procedural challenge, because administrative amendments do not attract the same advertising/submission obligations as substantial amendments (compare r 6(1)(c) with definition at r 4).
Ministerial pre-advertising approval for policies and substantial amendments (r 8). The Commission must submit a proposed policy or proposed substantial amendment to the Minister and obtain approval before advertising (r 8(1)). If you assume the Commission can advertise a substantial change without Ministerial sign-off you will be wrong; advertising without the required approval would breach r 8(1).
Commission may prepare a standard amendment without Minister agreement (r 5). Subregulation 5(2) allows the Commission to prepare a proposed standard amendment without the Minister’s agreement or direction. However, the Minister still has approval powers on submission (r 15). The divergence between preparation and approval stages can lead to confusion: the Commission can unilaterally prepare a standard amendment but cannot finalise it without dealing with the Minister’s approval power.
Advertising is website-centred and continuous for the whole advertising period (r 6(2)). The statutory mechanism requires the advertisement, the proposed policy/amendment and any other documents the Commission considers appropriate to be published on the Commission’s website for the whole of the advertising period. Temporary or interrupted publication could be argued to breach r 6(2).
Advertising period lengths are fixed but there is discretion to lengthen (rr 7-8, 22). Proposed policies and substantial amendments have a base 90-day advertising period; standard amendments (other than administrative amendments) have 60 days (r 7). Instruments of repeal have a 30-day default advertising period (r 22). The Commission can, however, decide on a longer period where it considers appropriate (r 7(1)(a)(ii), r 7(2), r 22(2)). Careful project scheduling is required because concurrent advertisement with other documents can lengthen the required publicity window.
Submission period must equal advertising period (rr 10(c), 24(c)). The submission period set out in the advertisement must be the same period as the advertising period. Shortening the submission period inside the advertising window would contravene r 10(c)/r 24(c).
Formalities for submissions are prescribed (rr 10, 24). Advertisements must permit electronic and hard copy submissions and set out the ways in which each format must be made and any other requirements. Failure to set out submission formalities properly could render submissions invalid or lead to administrative challenge.
Who must be notified early in the advertising period (rr 11, 25). The Commission must give written notice to local governments whose districts are likely to be affected and to government agencies, representative groups or persons it considers have an interest. The requirement is “as early as practicable” during the advertising period; delayed notice might be open to procedural objection even if the advertisement runs for the full period.
Ministerial power to require re-advertising and describe modifications (rr 8(2)(b), 14(3), 15(3)). Where the Minister requires modification, the notice must describe the modification required and may include a requirement that the Commission advertise the modified proposal. A single procedural mis-step in deciding not to re-advertise when required could be critical.
Approved instrument commencement can be staged (r 16). An approved policy or amendment comes into operation on the day(s) specified in the instrument of approval, and different days may be specified for different provisions. This allows staging but requires clear tracking of commencement dates. An incorrect assumption that the whole instrument starts on a single date could lead to compliance errors.
Repeal pathway can be indirect (r 20). An SPP may be repealed by a new SPP that expressly repeals it, or by a separate instrument of repeal prepared with the agreement or direction of the Minister, advertised and approved by the Governor (r 20(1)). Expect stakeholders to monitor both new SPPs and separate instruments of repeal.
Shorter advertising period for instruments of repeal unless linked (r 22). Instruments of repeal default to 30 days, but the Commission may extend the period if the repeal is consequential on or connected with a proposed amendment with a longer advertising period and if concurrent advertising is appropriate (r 22(2)). Mis-timing concurrent processes can be a source of procedural error.
Transitional finish-line traps (rr 32-33). Processes that started under the former Act may be completed under that Act if commenced before 1 March 2024 (r 32), and the Commission is taken to have complied with Part 2 Division 2 where the former Act’s consultation process was completed (r 33(2)). Parties must verify whether a proposal was commenced under the former Act or under these regulations, because the applicable procedural obligations differ.
No statutory penalties in the regulations. Because the regulations do not impose express penalties for non-compliance, remedies for procedural defects are likely to be pursued via administrative law. Parties should not assume a statutory fine or penalty exists for breaches of procedural rules.
Publication obligations and notice to submitters after approval (rr 17-18, 29-30). Before provisions come into operation the Commission must publish commencement notices and updated texts; the Commission must also Gazettal approval and notify all who were notified or whose submissions were considered. Failure to identify the correct parties (for example, missing a submitter from the post-approval notice list) is actionable administratively.

Practitioners and stakeholders should pay close attention to classification of amendment types, pre-advertising Ministerial clearance for substantial proposals, website publication continuity, formal submission requirements, notification obligations, and the precise commencement dates specified in approval instruments. Each of these technical points has concrete procedural consequences under the regulations.

This section provides a practical, text-grounded checklist for the Commission and for stakeholders who want to participate effectively. All references are to the regulations unless otherwise specified.

For the Commission (preparing and advertising a proposed policy or amendment)

Determine amendment type at the outset (r 4). Classify the proposal as an administrative amendment, standard amendment or substantial amendment. This classification determines whether advertising is required (r 6), what advertising period applies (r 7), and whether Ministerial approval to advertise is required (r 8).
Obtain Ministerial approval to advertise if required (r 8(1)). If preparing a proposed policy or proposed substantial amendment, submit the proposal to the Minister and secure written approval to advertise before publishing (r 8(1)). If the Minister requires modifications, follow the mandatory notice description and resubmit modified drafts as required (r 8(2)-(5); r 14(3)).
Prepare the advertisement to the specification in regulation 9. The advertisement must:
- State the purpose of the proposed policy or amendment (r 9(a));
- For a proposed policy, specify if it repeals another SPP (r 9(b)(i));
- For a proposed standard amendment that is not administrative, explain why it is standard (r 9(b)(ii));
- List documents published on the Commission’s website (r 9(c));
- Invite public submissions in accordance with r 10 (r 9(d));
- Include any other appropriate information (r 9(e)).
Publish the required documents on the Commission’s website for the whole advertising period (r 6(2)). This includes the advertisement, the proposed policy/amendment, and any other documents the Commission considers appropriate (r 6(2)).
Set and publish an advertising period that meets the statutory minimum (r 7). Use 90 days for proposed policies and substantial amendments, 60 days for standard amendments (other than administrative amendments), and 30 days for instruments of repeal (rr 7, 22). If concurrent advertising is warranted, decide whether a longer period is appropriate and document the rationale (rr 7(1)(a)(ii), 7(2), 22(2)).
Specify submission procedures and the submission period to equal the advertising period (r 10(c)). Include instructions for electronic and hard copy submissions and any additional requirements (r 10(a)-(d)).
Notify affected local governments and other stakeholders early (rr 11, 25). Give written notice as early as practicable during the advertising period to local governments likely to be affected and to government agencies, representative groups or persons the Commission considers interested.
Consider submissions and record decisions (rr 12, 26). Consider all submissions complying with submission formalities and received during the submission period. For standard amendments, focus on submissions directed to the amendment. Optionally consider other submissions if appropriate. Make and document modifications that result from submissions (r 13(1)(a)).
Submit final or modified proposals to the Minister (r 13). After considering submissions and making modifications, submit the proposal to the Minister. For administrative amendments, submit the proposed amendment to the Minister immediately after preparing it (r 13(2)).
After approval but before commencement, publish notices and texts and Gazettal (rr 17-19). Publish commencement notice and approved text or updated consolidated SPP on the Commission’s website, and arrange Gazettal and notices to those notified and submitters (r 18).
Maintain consolidated SPPs (r 19). Ensure a consolidated copy of each SPP in operation is published and kept current on the Commission’s website.

For the Minister (decision-making and oversight)

Timely respond to Commission submissions about proposed policies and substantial amendments before advertising (r 8(2)). Provide written notice of approval, refusal to allow advertising, or required modifications. If modifications are required, describe them in writing (r 8(3)-(4)).
On receipt of submitted proposals post-consultation, decide whether to recommend Governor approval, require further modification or decline (rr 14, 15, 27). Provide written notice to the Commission of any decision (rr 14(2), 15(2), 27(3)).
When recommending approval to the Governor, ensure documentation records compliance with advertising and submission obligations, including notice to local governments and published materials (rr 6, 11, 21).

For local governments, government agencies and members of the public (making submissions and monitoring)

Monitor the Commission’s website during advertising periods (r 6(2)). All required documents must be published for the whole advertising period; the website is the primary location for documents and notices (r 6(2)).
Prepare submissions that comply with the advertisement’s formal requirements (r 10(b), r 24(b)). Submissions may be made electronically or in hard copy and must be received in the submission period which equals the advertising period (r 10(a)-(c), r 24(a)-(c)).
Submit within the submission period. Late submissions may not fall within the mandatory "must consider" category (rr 12(a), 26(a)). The Commission may, but is not required to, consider late or non‑complying submissions (rr 12(b), 26(b)).
Request written confirmation of receipt and whether the Commission will consider your submission if you have concerns about procedural compliance. If you were one of the notified parties under regs 11 or 25, expect notification of approval if the instrument proceeds (rr 18(1)(b), 30(1)(b)).

For those considering challenge or compliance review

Document any procedural failures. If the Commission or Minister fails to follow mandatory requirements set out in the regulations (for example failing to advertise for the statutory period, failing to publish required materials, or failing to consider submissions), record dates and evidence, as these are the factual grounds for any administrative challenge.
Use transitional rules carefully. If a consultation process began under the former Act, determine whether it is being completed under the former Act or under these regulations (r 32), and whether the Commission is treated as having complied with Part 2 Division 2 for completed processes (r 33).

Operational recommendations

Keep a compliance checklist for each SPP process tracking: classification of amendment type, Minister approvals, advertisement publication timestamps, list of published documents, written notices to local governments/agencies, submission receipts and their conformity, record of consideration (including minutes and decision rationales), and records of modifications and resubmissions (rr 6-13, 17-19, 21-30).
Retain clear version control and consolidated SPPs with dates of approval and commencement specified on the Commission’s website (r 19).
Where concurrent advertising with other instruments is contemplated, document the rationale for longer advertising periods and ensure alignment with r 7(2) and r 22(2).

Following the above steps aligns action with the obligations and rights set out in Parts 2-3 and uses the transitional protections in Part 4 where relevant.

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