Metropolitan Region Scheme

This Scheme applies to all land in the metropolitan region.

Subclause (1) applies subject to the Swan Valley Planning Act 2020 section 9.

the provisions of the Scheme; and

the Scheme Map (sheets 1 to 38); and

all other maps, plans, specifications and other particulars contained in the Scheme.

Although this Scheme and a local planning scheme may cover the same area of land, this Scheme and the local planning scheme have different roles in relation to development of the land.

This Scheme is focused on matters of State and regional importance and guides overall planning and development in the metropolitan region.

reserve and protect land for regional transport, infrastructure, conservation, recreation, cultural and public purposes; and

zone land for living, working and rural land uses; and

provide a mechanism for certain development of regional significance, and development in areas of regional significance, to be considered and approved by the Commission; and

identify and protect land having strategic importance for industrial and future urban use; and

set out procedures for the assessment and determination of applications for development approval under this Scheme; and

contribute to the implementation of the State’s planning laws and policies by providing for assessment and determination of applications for development approval under this Scheme; and

provide for the strategic direction of planning and development in the metropolitan region by allowing for the making of particular planning instruments by the Commission; and

provide for the administration of this Scheme.

promote the sustainable development of land having regard to relevant environmental, social, economic and cultural factors; and

provide for regional transportation, community services and infrastructure in a way that is efficient, equitable and timely; and

protect as regional open space the metropolitan region’s riverine and coastal foreshores and other areas of regional conservation significance; and

provide areas for regional recreational facilities; and

protect surface water catchments and groundwater areas for future water supplies; and

protect areas of environmental significance; and

provide for industrial development in planned estates where land use conflicts and environmental impacts will be minimised and efficient production facilitated; and

provide for future urban development and prevent works that may jeopardise that development; and

protect strategic agricultural land considered to be of State or regional importance; and

protect strategic minerals and basic raw materials of State and regional importance and provide for the efficient and timely extraction of minerals and raw materials and subsequent rehabilitation of affected land.

if the land is freehold land —

a person whose name is registered as a proprietor of the land; or

the State, if registered as a proprietor of the land; or

a person who holds an interest as purchaser under a contract to purchase an estate in fee simple in the land; or

a person who is the holder of a freehold interest in land vested in an executor or administrator under the Administration Act 1903 section 8;

if the land is Crown land —

the State; or

a person who holds an interest as purchaser under a contract to purchase an estate in fee simple in the land;

A heritage‑protected place is a place —

that is entered in the State Register of Heritage Places under the Heritage Act 2018 section 42; or

that is under consideration for entry into the State Register of Heritage Places as described in subclause (2); or

that is the subject of an order under the Heritage Act 2018 Part 4; or

that is the subject of a heritage agreement that has been certified under the Heritage Act 2018 section 90; or

that is included on a heritage list established under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 8(1) as that clause has effect as part of a local planning scheme of a local government; or

that is within a heritage area designated under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 9 as that clause has effect as part of a local planning scheme of a local government.

For the purposes of subclause (1)(b), a place is under consideration for entry into the State Register of Heritage Places if —

the Heritage Council has made a preliminary determination under the Heritage Act 2018 section 39(2) that the place warrants review under section 40(1) of that Act but the review has not commenced; or

the Heritage Council has commenced but has not completed a review of the place under the Heritage Act 2018 section 40(1); or

the Heritage Council has made a recommendation under the Heritage Act 2018 section 40(2) that the place be entered in the State Register of Heritage Places but the Minister for Heritage has not yet given a direction under section 41(1) of that Act in relation to that recommendation.

The Commission may prepare and resolve to approve a policy (a region planning scheme policy) in respect of any matter related to the planning and development of the metropolitan region.

A region planning scheme policy may apply —

generally or in respect of a particular class or classes of matter specified in the policy; and

to the whole of the metropolitan region or to part or parts of the region specified in the policy.

Before resolving to approve a region planning scheme policy the Commission must —

prepare the proposed policy; and

give the proposed policy to each local government in the district of which the policy will apply and consult with those local governments; and

publish the proposed policy on the Commission website, or another place chosen by resolution by the Commission, for a period of at least 28 days or another period chosen by resolution by the Commission; and

give notice on the Commission website of the following —

the manner and form in which submissions may be made;

the period for making submissions and the last day of that period;

any other matter in relation to the proposed policy the Commission considers appropriate;

give notice of the proposed policy in any other way and carry out any other consultation the Commission considers appropriate.

The period mentioned in subclause (1)(d)(ii) must be the same as the period for which the proposed policy is published under subclause (1)(c).

After the expiry of the period for making submissions, the Commission —

must consider all submissions made to the Commission on the proposed policy —

during the period for making submissions; and

in accordance with the requirements referred to in subclause (1)(d)(i);

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

that is made during the period for making submissions; but

that the Commission is not required to consider under paragraph (a) because of paragraph (a)(ii);

must review the proposed policy; and

must resolve to —

approve the proposed policy without modification; or

approve the proposed policy with modification, whether or not the modification is as a result of a submission; or

not approve the proposed policy.

If the Commission resolves to approve the proposed policy, the Commission must publish the policy as approved on the Commission website.

The region planning scheme policy takes effect on the day after the day on which the policy is published under subclause (4).

The Commission may prepare and resolve to approve an amendment to a region planning scheme policy —

as if clause 10(1) to (3), with any necessary changes, applied to the amendment; or

in any other way the Commission considers appropriate.

If the Commission resolves to approve an amendment to a region planning scheme policy, the Commission must publish the amendment as approved on the Commission website.

An amendment to a region planning scheme policy takes effect on the day after the day on which the amendment is published under subclause (2).

The Commission must maintain and publish on the Commission website an up‑to‑date version of each region planning scheme policy that is in force, consolidated to include any amendments to the policy.

The Commission must review the operation and effectiveness of a region planning scheme policy that is in force within 6 months after an anniversary referred to in subclause (2).

The anniversaries are the 10^th anniversary of the day on which the region planning scheme policy first takes effect, the 20^th anniversary of that day, the 30^th anniversary of that day and so on.