City of Bayswater v Minister for Family and Children's Services & Ors

[2000] WASCA 151

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Local Government
2. › Town planning
3. › Metropolitan Region Scheme
4. › Public works proposed by Crown on Crown land zoned 'Urban'
5. › Whether Crown bound to submit application for development approval to local authority
6. › Metropolitan Region Town Planning Scheme Act 1959 (WA), ss 3, 45
7. › Town Planning and Development Act 1928 (WA), ss 32, 35
1. Statutes
2. › Interpretation
3. › Direction that Act be construed in conjunction with earlier Act
4. › Effect of 'read as one' provision
5. › Whether words 'in this Act' in earlier Act extend to combined Acts
6. › Conflict or inconsistency between provisions of combined Acts
7. › Whether later Act's provision binding Crown prevails over earlier Act's Crown exemption for public works
8. › Metropolitan Region Town Planning Scheme Act 1959 (WA), s 3

Quick Take

The Crown is required to obtain development approval under cl 10 of the Metropolitan Region Scheme when undertaking public works on Crown land within the metropolitan region, notwithstanding s 32 of the Town Planning and Development Act 1928 (WA). Section 45 of the Metropolitan Region Town Planning Scheme Act 1959 (WA), which provides that the Scheme binds the Crown, prevails over s 32 to the extent of any inconsistency by virtue of s 3 of the 1959 Act.