Planning and Development Act 2005

In this section —

a planning scheme; or

an interim development order;

a development application of a class or kind prescribed for the purposes of subsection (2)(a); or

a development application of a class or kind prescribed for the purposes of subsection (2)(ba) in respect of which an applicant has made an election in accordance with regulations made under subsection (2)(ba)(i).

The Governor may make regulations —

providing that, despite any other provision of this Act or a planning instrument, a development application of a class or kind prescribed for the purposes of this paragraph —

must be determined by a DAP as if the DAP were the responsible authority under the relevant planning instrument in relation to the development; and

cannot be determined by a local government or the Commission;

providing that, despite any other provision of this Act or a planning instrument, if —

an applicant for approval of development elects in accordance with the prescribed procedure to have a development application determined by a DAP; and

the development application is of a class or kind prescribed by the regulations for the purposes of this paragraph,

must be determined by a DAP as if the DAP were the responsible authority under the relevant planning instrument in relation to the development; and

cannot be determined by a local government or the Commission;

making provision for determining which DAP is to determine a prescribed development application of a particular class or kind;

providing for the duties and responsibilities of local governments and the Commission in relation to prescribed development applications;

providing for the procedures for dealing with prescribed development applications;

providing for the application of the provisions of this Act and planning instruments in relation to prescribed development applications;

providing for the procedures to be followed by, and powers of, a DAP when determining a prescribed development application;

providing for the effect of a determination of a prescribed development application;

providing for the notification of a determination of a prescribed development application;

providing for the review of a determination of a prescribed development application;

providing for a DAP to give advice to —

a local government or the Commission in relation to development applications to be determined by the local government or Commission; or

the Minister in relation to development applications;

providing for the circumstances in which, and the classes or kinds of development application for which, advice is required or permitted to be given by a DAP as referred to in paragraph (i);

providing for the procedures to be followed by, and powers of, a DAP when preparing and giving advice referred to in paragraph (i);

providing for the duties and responsibilities of local governments and the Commission in relation to advice referred to in paragraph (i).

A development application that relates to land in the Swan Valley cannot be a prescribed development application.

Unless otherwise provided under regulations made for the purposes of subsection (2) —

a determination by a DAP of a prescribed development application; and

a failure by a DAP to make a determination of a prescribed development application,

Regulations made for the purposes of subsection (2) have effect subject to Parts 11B and 17.