Permitted development of reserved land
29 Permitted development of reserved land
The following development of reserved land does not require development approval under this Scheme —
the erection, construction, maintenance, improvement or alteration of a boundary fence or wall or other means of boundary enclosure;
building or work that affects only the interior of a building and does not materially affect the external appearance of the building;
the demolition of a building or structure;
the erection of a sign that —
relates to the functions of a public authority or local government (other than signs of a promotional nature) and is constructed or exhibited by, or on behalf of, the public authority or local government; or
is required for the management or control of traffic on a public road, carpark, cycleway, railway or waterway and is constructed or exhibited by or on behalf of a public authority or local government; or
is required to be exhibited under a written law;
the erection, construction, maintenance, improvement or alteration of a jetty or associated structure (including a boat lifting device or mooring pile) within an artificial waterway except if the jetty or associated structure —
does not comply with a policy in regard to such structures that is adopted by the relevant local government; or
is situated on a regionally significant waterway identified by resolution of the Commission for the purposes of this provision;
works on reserved land owned by or vested in a public authority that are —
works on land reserved for primary regional roads or other regional roads for the purpose of or in connection with a road as defined in the Main Roads Act 1930 section 6; or
works on land reserved for port installations for the purpose of or in connection with a port; or
works for the purpose of, or in connection with, the supply of water or wastewater services, electricity or gas, the drainage of surplus water or the treatment of water, wastewater or surplus water; or
works on land reserved for railways, primary regional roads or other regional roads for the purpose of or in connection with a railway, other than the construction or alteration of a railway station or any related carparks, public transport interchange facilities or associated means of pedestrian or vehicular access; or
works on reserved land if the works are in accordance with a management plan endorsed by the Commission; or
works on land reserved for public purposes — high school for the purpose of or incidental to a high school; or
operational works on land reserved for State forests for the purpose of or incidental to a State forest; or
works that a public authority is expressly authorised under an Act to commence or carry out without the approval of the Commission;
development that the Commission by resolution, notice of which is published in the Gazette, declares to be development that does not require development approval under this Scheme.
In subclause (1) —
reserved land owned by or vested in a public authority includes reserved land in relation to which a public authority has an easement, right of way, right of occupation or any other interest, right, privilege or concession.
Subclause (1)(a), (d), (e) and (g) apply regardless of whether the land is located in a heritage‑protected place.
Subclause (1)(b), (c) and (f)(i) to (vii) do not apply if the land is located in a heritage‑protected place.
Subclause (1)(g) does not apply to development of —
land comprised in a lot any part of which (but not all of which) is within the Swan Canning development control area; or
land (including water) that abuts the Swan Canning development control area.
Subclause (1) does not authorise development of land that involves —
the clearing of native vegetation in a Bush Forever area; or
direct drainage into a Bush Forever area.
[Clause 29 inserted: Act No. 41 of 2024 s. 5.]
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