Planning and Development (Consequential and Transitional Provisions) Act 2005

This Act comes into operation on a day to be fixed by proclamation.

Different days may be fixed under subsection (1) for different provisions.

The Governor, on the recommendation of the Minister, may make subsidiary legislation amending subsidiary legislation made under any Act.

The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is necessary or desirable as a consequence of the enactment of the PD Act or this Act.

Nothing in this section prevents subsidiary legislation from being amended in accordance with the Act under which it was made.

The provisions of the Interpretation Act 1984 (for example, sections 16(1), 36 and 38) about the repeal of written laws and the substitution of other written laws for those so repealed apply to the repeal of an Act mentioned in Schedule 1 as if that Act were repealed and re‑enacted by the PD Act.

The other provisions of this Act are additional to the provisions applied by subsection (1) and except in the case of section 14(3) and (4) do not affect the operation of the provisions applied by subsection (1).

If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.

In subsection (1) —

effecting the transition from the provisions of the Acts repealed by this Act to the provisions of the PD Act; or

effecting the transition from the provisions of an Act amended by a provision of this Act (the amending provision) as in force before this Act comes into operation to the provisions of that Act as in force after the amending provision comes into operation.

Regulations made under subsection (1) may provide that specified provisions of the PD Act as in force on or after the commencement of that Act, or of subsidiary legislation made under that Act, or of an Act amended by this Act —

do not apply; or

apply with specified modifications,

If regulations under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.

In subsections (3) and (4) —

If regulations contain a provision referred to in subsection (4), the provision does not operate so as —

to affect in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or

impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations.

Unless the context otherwise requires, a reference in a written law to an enactment repealed by this Act includes a reference to the corresponding provision, if any, of the PD Act.

A reference in a written law to a town planning scheme may, where the context so requires, be read as if it had been amended to include or be a reference to a local planning scheme under the PD Act.

A reference in a written law to a regional planning scheme under the WAPC Act may, where the context so requires, be read as if it had been amended to include or be a reference to a region planning scheme under the PD Act.

A reference in a written law to a statement of planning policy may, where the context so requires, be read as if it had been amended to include or be a reference to a State planning policy under the PD Act.

The Western Australian Planning Commission established under the PD Act is a continuation of and the same legal entity as the Western Australian Planning Commission established under the WAPC Act, with the same rights and obligations as the existing Commission.

If in a written law or other document or instrument there is —

a reference to the existing Commission; or

a reference that is read and construed as a reference to the existing Commission,

The persons who were members and deputy members of the existing Commission (including the chairperson and deputy chairperson) immediately before the commencement of the PD Act continue in office, under and subject to that Act, as the chairperson, deputy chairperson, members and deputy members of the board of the Commission established under the PD Act.

A person to whom subsection (1) applies is to be regarded as having been appointed under the PD Act.

If in a written law or other document or instrument there is —

a reference to the chairperson or a member of the existing Commission; or

a reference that is read and construed as a reference to the chairperson or a member of the existing Commission,

People who were engaged by the existing Commission immediately before the commencement of the PD Act continue, under and subject to that Act, as officers of the Commission.

A person mentioned in subsection (1) is to be regarded as having been engaged under the PD Act.

Except as otherwise agreed by the officer of the Commission, the remuneration, existing or accrued rights, rights under a superannuation scheme or continuity of service of an officer of the existing Commission are not affected, prejudiced or interrupted by the operation of subsection (1) or the repeal of the WAPC Act.

The rights under a superannuation scheme of a person who was an officer of the existing Commission are not affected, prejudiced or interrupted by the repeal of the WAPC Act.