Planning and Development Act 2005

In this Part —

means a development application as defined in section 4(1); and

includes (to avoid doubt) a development application as defined in section 4(1) that is to be determined, or could be determined, by a Development Assessment Panel; and

includes an application under Part 7 for approval of development in a planning control area; and

includes an application for approval under the Swan and Canning Rivers Management Act 2006 section 72(1) or (4);

begins when the Planning and Development Amendment Act 2022 section 4 comes into operation; and

ends immediately before 5 pm on 29 December 2023;

this Act, other than this Part, Part 11C, any Part 17 regulations and any orders under section 284;

any of the following enactments —

the Contaminated Sites Act 2003;

the Heritage Act 2018;

the Swan and Canning Rivers Management Act 2006;

the Swan Valley Planning Act 2020;

the Local Government Act 1995;

any enactment, other than the following —

this Act;

an enactment covered by paragraph (b);

the EP Act;

a planning scheme or an interim development order;

any other scheme, code, policy, plan, local law, by‑law, rule, condition, notice or other instrument made under any enactment covered by paragraph (a), (b) or (c);

development that has an estimated cost of —

in the case of a development that is wholly or partly in the metropolitan region — $20 million or more;

in any other case — $5 million or more;

development that is of a class or kind prescribed by Part 17 regulations for the purposes of this paragraph;

the storage of goods, equipment, plant or materials;

the display or sale by wholesale of goods.

Development that is of a class or kind prescribed by Part 17 regulations for the purposes of this subsection —

is not to be regarded as significant development or as being part of any significant development; and

is not to be taken into account in determining whether any larger development of which the development forms part is significant development.

Development of a warehouse —

is not to be regarded as significant development or as being part of any significant development; and

is not to be taken into account in determining whether any larger development of which the development forms part is significant development.

For the purposes of the definition of substantially commenced in subsection (1), the definition of that term in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 1 applies as if the reference to a development approved under a planning scheme or under an interim development order were a reference to a development approved by the Commission under section 274.