Western Australia: Metropolitan Redevelopment Authority Act 2011 (WA)

Western Australia Metropolitan Redevelopment Authority Act 2011 Western Australia Metropolitan Redevelopment Authority Act 2011 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 2 — Metropolitan Redevelopment Authority Division 1 — Metropolitan Redevelopment Authority 4. Authority established 1 5. Status 1 6. Authority to be SES organisation 1 Division 2 — Functions of Authority Subdivision 1 — General 7. Functions in redevelopment areas 1 8. Functions in areas contiguous to redevelopment areas 1 9. Delegated functions 1 10. Business and operational plans to be followed 1 11. General powers 1 12. Minister and Treasurer to consider proposals under section 11(3)(b) 1 13. Delegation except of powers and duties under Parts 5 and 6 1 14. Delegation of powers and duties under Parts 5 and 6 1 15. Subdelegation of delegated WAPC powers 1 16. General provisions about delegations 1 17. Authority to comply with written laws 1 Subdivision 2 — Powers in relation to land 18. General powers as to land 1 19. Powers in relation to land contiguous to redevelopment area 1 20. Subdivision and amalgamation, modification of PAD Act 1 21. Application of Public Works Act 1902 to Authority 1 22. Compulsorily acquiring land under Land Administration Act 1997 1 23. Public authority can be directed to transfer land to Authority 1 24. Closing thoroughfares, temporarily or permanently 1 25. Conditional disposal of land 1 Part 3 — Land Redevelopment Committees 26. LRC to be established for each redevelopment area 1 27. Function of LRC 1 28. Dissolution of LRC 1 Part 4 — Redevelopment areas 29. Recommendation of Minister to declare a redevelopment area 1 30. Regulations may declare redevelopment areas and provide for related matters 1 31. Regulations may amend redevelopment area 1 32. Land added to redevelopment area, transitional matters 1 33. Land removed from redevelopment area, transitional matters 1 34. Development applications not finalised when land removed 1 35. Transitional regulations 1 36. Evidentiary matters 1 Part 5 — Redevelopment schemes Division 1 — Preparation and approval of redevelopment schemes 37. Draft redevelopment scheme: work prior to declaration of redevelopment area 1 38. Draft redevelopment scheme 1 39. Draft redevelopment scheme to be submitted to relevant local government and WAPC 1 40. Draft redevelopment scheme to be referred to EPA 1 41. Draft redevelopment scheme to be submitted to Minister for publication approval 1 42. Minister's functions as to draft redevelopment scheme 1 43. Public notification of draft redevelopment scheme 1 44. Public submissions on draft redevelopment scheme 1 45. Draft redevelopment scheme to be submitted to Minister for final approval 1 46. Recommendation of WAPC 1 47. Minister's functions in deciding final approval 1 48. Gazettal and operation of approved redevelopment scheme 1 Division 2 — Amendment and repeal of approved redevelopment scheme 49. Amendment of approved redevelopment scheme 1 50. Repeal of approved redevelopment scheme 1 Division 3 — Effect of redevelopment scheme 51. Effect of approved redevelopment scheme on planning schemes 1 52. Inconsistency with regulations 1 53. Approved redevelopment scheme has legislative effect 1 54. Authority to comply with redevelopment schemes 1 55. Applications for approval not finalised on scheme start day 1 56. Transitional regulations 1 57. Minister may amend local planning scheme to conform with redevelopment scheme 1 58. Certain planning schemes affecting redevelopment area not to operate until redevelopment scheme ceases to apply 1 Part 6 — Development control in redevelopment area Division 1 — State bound 59. Part binds State 1 Division 2 — Developments by Authority 60. Authority must get Minister's approval for development 1 Division 3 — Development control by Authority 61. Application of this Division 1 62. Undertaking unauthorised development an offence 1 63. Initial assessment of development application 1 64. Notice of development application 1 65. When development application must be decided 1 66. Deciding development application 1 67. Duration of development approval 1 68. Development may be approved after it is undertaken 1 69. Review of Authority's decision by SAT 1 Division 4 — Unauthorised developments 70. Terms used 1 71. Unauthorised developments: Authority's powers 1 72. Review of directions given under section 71 1 73. Authority may give effect to directions under section 71 1 Division 5 — Miscellaneous matters 74. Minister's powers to ensure environmental conditions are met 1 75. Injurious affection: compensation 1 Part 7 — General administration of Authority and LRCs Division 1 — Board of management of Authority 76. Board is governing body 1 77. How board is constituted 1 78. Remuneration and allowances 1 79. Term of office 1 Division 2 — Land Redevelopment Committees 80. How LRC is constituted 1 81. Nominations for appointment under section 80(1)(b) 1 82. Appointment of initial LRC members 1 83. Remuneration and allowances 1 84. Term of office 1 Division 3 — Provisions that apply to Authority's board of management and to LRCs Subdivision 1 — General provisions 85. Term used: member 1 86. Casual vacancies 1 87. Extension of term of office during vacancy in membership 1 88. Leave of absence 1 89. Deputy chairperson acting as chairperson 1 90. Alternate members 1 Subdivision 2 — Disclosure of material personal interests 91. Terms used 1 92. When a member has a material personal interest 1 93. Financial interest 1 94. Proximity interest 1 95. Closely associated persons 1 96. Some interests need not be disclosed 1 97. Disclosure of material personal interest 1 98. Voting by interested member 1 99. Section 98 may be declared inapplicable 1 100. Quorum where section 98 applies 1 101. Minister may declare sections 98 and 100 inapplicable 1 Subdivision 3 — Meetings 102. Holding meetings 1 103. Quorum 1 104. Procedure at meetings 1 105. Voting 1 106. Holding meetings remotely 1 107. Resolution without meeting 1 108. Minutes to be kept 1 Division 4 — Staff, contractors and committees 109. Chief executive officer 1 110. Other staff 1 111. Use of government staff and facilities 1 112. Committees 1 Part 8 — Accountability and financial provisions Division 1 — Accountability 113. Business plans and operational plans 1 114. Minister to be kept informed 1 115. Minister may give directions 1 116. When directions take effect 1 117. Minister to have access to information 1 118. Protection for disclosure or compliance with directions 1 Division 2 — Financial provisions 119. Application of Financial Management Act 2006 and Auditor General Act 2006 1 120. Metropolitan Redevelopment Authority Account 1 121. Authority's funds 1 122. Borrowing 1 123. Notice of financial difficulty 1 Part 9 — Miscellaneous 124. Modification or suspension of other laws 1 125. Execution of documents by Authority 1 126. Contract formalities 1 127. Confidential information officially obtained 1 128. Protection from liability for wrongdoing 1 130. Approved forms 1 131. Regulations 1 132. Laying documents before House of Parliament not sitting 1 133. Review of Act 1 Part 10 — Repeals, consequential amendments and validations Division 1 — Repeals 134. Acts repealed 1 Division 2 — Consequential amendments 135. Approvals and Related Reforms (No. 4) (Planning) Act 2010 amended 1 136. Constitution Acts Amendment Act 1899 amended 1 137. Environmental Protection Act 1986 amended 1 138. Financial Management Act 2006 amended 1 139. Government Railways Act 1904 amended 1 140. Land Tax Assessment Act 2002 amended 1 141. Planning and Development Act 2005 amended 1 71. Local planning schemes not to apply to redevelopment areas 1 142. Public Sector Management Act 1994 amended 1 143. Statutory Corporations (Liability of Directors) Act 1996 amended 1 144. Swan and Canning Rivers Management Act 2006 amended 1 Division 3 — Validations 145. Effect of redevelopment schemes and validity of things done under them 1 Part 11 — Transitional provisions 146. Terms used 1 147. Interpretation Act 1984 not affected 1 148. Assets, rights and liabilities 1 149. Agreements and instruments generally 1 150. References in written laws to abolished authorities 1 151. Employed staff 1 152. People engaged under contracts for services 1 153. Transfer of land in abolished redevelopment area to redevelopment area under this Act 1 154. Redevelopment scheme continues for land in abolished redevelopment area that is transferred to redevelopment area under this Act 1 155. Exemptions from State tax 1 156. Transitional regulations 1 Notes Compilation table 1 Defined terms Western Australia Metropolitan Redevelopment Authority Act 2011 An Act to — * provide for the planning and redevelopment of, and the control of development in, certain land in the metropolitan region; and * establish a State agency with planning, development control, land acquisition and disposal and other functions in respect of that land; and * provide for related matters, including the repeal or amendment of certain Acts. Part 1 — Preliminary 1. Short title This is the Metropolitan Redevelopment Authority Act 2011. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Terms used In this Act, unless the contrary intention appears — acquire includes take — (a) by way of lease, licence or easement; or (b) in any other manner in which an interest in property may be acquired; approved redevelopment scheme means a redevelopment scheme, as amended from time to time under section 49, in operation under section 48(2); Authority means the Metropolitan Redevelopment Authority established by section 4; chief executive officer means the chief executive officer, under the Public Sector Management Act 1994, of the Authority; development means — (a) the erection, construction, demolition, alteration or carrying out of any building, excavation, or other works in, on, over, or under land; and (b) a material change in the use of land; and (c) any other act or activity in relation to land declared by regulation to constitute development, but does not include any work, act or activity declared by regulation not to constitute development; development application means an application for a development approval or for an approval under section 60(2); development approval means a development approval issued by the Authority under section 66(2)(b); dispose of includes — (a) sell; or (b) dispose of — (i) by way of lease, licence, easement or right of way; or (ii) in any other way in which an interest in property may be disposed of; Environment Minister means the Minister who administers the EP Act; EPA means the Environmental Protection Authority continued in existence under the EP Act; EP Act means the Environmental Protection Act 1986; improvement scheme has the meaning given in the PAD Act section 4(1); local planning scheme has the meaning given in the PAD Act section 4(1); LRC means a land redevelopment committee established under section 26; metropolitan region has the meaning given in the PAD Act section 4(1); PAD Act means the Planning and Development Act 2005; Planning Minister means the Minister who administers the PAD Act; planning scheme means any of the following — (a) a local planning scheme; (b) a region planning scheme as defined in the PAD Act section 4(1); (c) an improvement scheme; public authority means any of the following — (a) a Minister of the State; (b) a department of the Public Service, a State instrumentality or a State public utility; (c) any other person or body, whether corporate or not, who or which, under the authority of a written law, administers or carries on for the benefit of the State a social service or public utility; redevelopment area means any land declared to be a redevelopment area by regulations made under Part 4; scheme start day, for land declared to be a redevelopment area, means — (a) the day on which an approved redevelopment scheme that applies to the land comes into operation under section 48(2); or (b) if the land is added to a redevelopment area, the day on which an approved redevelopment scheme applies to that land; staff member means the chief executive officer or a person appointed, employed or engaged as referred to in section 110; Swan Valley has the meaning given in the Swan Valley Planning Act 2020 section 3; thoroughfare has the meaning given in the Local Government Act 1995 section 1.4; WAPC means the Western Australian Planning Commission established under the PAD Act section 7. [Section 3 amended: No. 45 of 2020 s. 117.] Part 2 — Metropolitan Redevelopment Authority Division 1 — Metropolitan Redevelopment Authority 4. Authority established (1) A body called the Metropolitan Redevelopment Authority is established. (2) The Authority is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Authority in its corporate name. 5. Status The Authority is an agent of the State and, except as provided in section 17, has the status, immunities and privileges of the State. 6. Authority to be SES organisation The Authority is to be an SES organisation under the Public Sector Management Act 1994. Division 2 — Functions of Authority Subdivision 1 — General 7. Functions in redevelopment areas (1) The functions of the Authority are — (a) to plan, undertake, promote and coordinate the development of land in redevelopment areas in the metropolitan region; and (b) for that purpose — (i) to prepare and keep under review strategic and policy documents in relation to the development of land in redevelopment areas; and (ii) under Part 5, to prepare and keep under review a redevelopment scheme for each redevelopment area; and (iii) under Part 6, to control development in each redevelopment area. (2) In performing its functions under this Act in relation to a redevelopment area the Authority must have regard to, and seek to implement, the objectives prescribed under section 30(5)(c) in relation to the area. (3) The regulations may impose requirements and restrictions on, and otherwise regulate, the performance by the Authority of its functions in a redevelopment area, and the Authority must comply with those regulations. 8. Functions in areas contiguous to redevelopment areas (1) It is a function of the Authority, if the Governor by order published in the Gazette so determines, to provide services to a public authority in relation to the redevelopment of land in an area that is contiguous to a redevelopment area. (2) An order under subsection (1) must specify — (a) the public authority to which services are to be provided; and (b) the area to which the order applies. (3) The provision of services under subsection (1) must be the subject of a written agreement made between the Authority and the relevant public authority and approved in writing by the Minister. (4) Without limiting the terms of an agreement under subsection (3), the agreement may — (a) specify the nature of the services to be provided to the public authority; and (b) provide for the remuneration of the Authority for the provision of those services. (5) The Authority cannot exercise its powers under section 18(1)(a) in the performance of a function under subsection (1), and section 22 does not apply to, or in relation to, the performance by the Authority of a function under subsection (1). (6) The Governor may by subsequent order published in the Gazette amend or revoke an order under subsection (1). (7) The Interpretation Act 1984 section 42 applies to an order under this section as if the order were a regulation. 9. Delegated functions The Authority may exercise or perform any functions under the PAD Act that are delegated to it under section 16 of that Act, despite those functions being exercised or performed outside of a redevelopment area. 10. Business and operational plans to be followed The Authority must perform its functions in accordance with its business plan and its operational plan approved under section 113(7)(a). 11. General powers (1) In this section — business arrangement means a proprietary limited company, partnership, trust, joint venture or arrangement for sharing profits; participate includes form, promote, establish, enter into, manage, dissolve, wind‑up and do anything incidental to the doing of those things. (2) The Authority may do all things that are necessary or convenient to be done for or in connection with the performance of its functions. (3) Without limiting subsection (2), the Authority may — (a) subject to Subdivision 2, acquire, develop, dispose of, and otherwise deal with, property; and (b) subject to section 12, participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and (c) sell advertising opportunities and enter into arrangements for sponsorship; and (d) develop and turn to account any technology, software, resource or intellectual property and, for that purpose, apply for, hold, receive, exploit and dispose of any intellectual property; and (e) use its expertise and resources to provide consultancy, advisory or other services for profit. (4) In performing its functions the Authority may act alone or in conjunction with any person or any public authority or any department, agency or instrumentality of the Commonwealth. 12. Minister and Treasurer to consider proposals under section 11(3)(b) (1) In this section — transaction means the exercise of any power conferred by section 11(3)(b) in relation to a business arrangement. (2) The Authority must obtain the written agreement of the Minister before it enters into any transaction. (3) Subject to subsection (4), the Minister must obtain the Treasurer's approval before giving a written agreement under subsection (2). (4) The Treasurer may, by notice published in the Gazette, exempt any transaction or class of transaction from the operation of subsection (3) either unconditionally or on specified conditions. (5) A notice under subsection (4) may be revoked or amended by the Treasurer. 13. Delegation except of powers and duties under Parts 5 and 6 (1) The Authority may delegate under this section to a person any power or duty of the Authority except — (a) this power of delegation; and (b) a power or duty under Part 5 or 6 in respect of a redevelopment area. (2) If a person is not an LRC, a committee established under section 112, a member of the Authority's board of management or a staff member, a power or duty can only be delegated to the person under this section if the person has been approved for the purposes of this section by the Minister. (3) An approval under subsection (2) may be given in respect of — (a) a specified public sector employee or public sector employees of a specified class; or (b) the holder or holders for the time being of a specified office or class of office in a public sector agency. (4) In subsection (3) — public sector agency means — (a) an agency as defined in the Public Sector Management Act 1994 section 3(1); or (b) a non‑SES organisation as defined in the Public Sector Management Act 1994 section 3(1); public sector employee means a person employed in a public sector agency. (5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. 14. Delegation of powers and duties under Parts 5 and 6 (1) Subject to the regulations referred to in subsection (3)(b), the Authority may delegate under this section any power or duty of the Authority under Part 5 or 6 in respect of a redevelopment area to — (a) an LRC established for the redevelopment area; or (b) a committee established under section 112; or (c) a person specified in regulations as a person to whom the power or duty can be delegated under this section. (2) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (3) Regulations may — (a) prescribe any of the following — (i) a specified public sector employee or public sector employees of a specified class; (ii) the holder or holders for the time being of a specified office or class of office in a public sector agency, as persons to whom powers or duties can be delegated by the Authority under subsection (1)(c); (b) provide for powers and duties that cannot be delegated under this section; (c) provide for the exercise and performance of powers and duties delegated under this section. (4) In subsection (3)(a) — public sector agency means — (a) an agency as defined in the Public Sector Management Act 1994 section 3(1); or (b) a non‑SES organisation as defined in the Public Sector Management Act 1994 section 3(1); public sector employee means a person employed in a public sector agency. 15. Subdelegation of delegated WAPC powers (1) The PAD Act section 16(7A) authorises the Authority to subdelegate to an LRC the exercise or performance of any function delegated under section 16(1) of that Act to the Authority. (2) A subdelegation referred to in subsection (1) takes effect in accordance with the PAD Act section 16(7B). (3) An LRC may exercise or perform any functions under the PAD Act that are subdelegated to it under section 16(7A) of that Act, despite those functions being exercised or performed outside of the redevelopment area for which the LRC is established. [Section 15 amended: No. 34 of 2023 s. 60.] 16. General provisions about delegations (1) A delegation under section 13 or 14 must be in writing executed by the Authority. (2) A person exercising or performing a power or duty that has been delegated to the person under section 13 or 14 is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (3) A delegated power or duty that is properly exercised or performed by the person to whom it is delegated under section 13 or 14 is taken to have been exercised or performed by the Authority. (4) Nothing in section 13 or 14 limits the ability of the Authority to perform a function through a staff member or an agent. (5) Sections 13 and 14 do not apply to the execution of documents but authority to execute documents on behalf of the Authority can be given under section 125. 17. Authority to comply with written laws This Act must not be read as conferring on the Authority in the performance of its functions any immunity from the operation of any written law. Subdivision 2 — Powers in relation to land 18. General powers as to land (1) Subject to section 8(5) and regulations made under section 7(3), the Authority, for the purposes of performing its functions, may do any of the following in respect of land — (a) acquire, hold, manage and dispose of land; (b) alter, develop and improve land; (c) subject to section 20, amalgamate and subdivide land. (2) If the value of land to be acquired or disposed of by the Authority under subsection (1)(a) in the opinion of the Authority exceeds the amount prescribed by the regulations, the Authority must not acquire or dispose of the land except with, and in accordance with the terms of, the Minister's prior written agreement. 19. Powers in relation to land contiguous to redevelopment area (1) The Authority may exercise its powers under section 18 in relation to a lot that is, in part, within a redevelopment area as if the whole of the lot were in the redevelopment area, but sections 21 and 22 do not apply to, or in relation to, any part of the lot that is outside of the redevelopment area. (2) In subsection (1) — lot has the meaning given in the PAD Act section 4(1). (3) Without limiting section 11(2), the Authority may pay for the carrying out of any work on land that is contiguous with a redevelopment area if the work is, in the opinion of the Authority, directly related to the improvement of the redevelopment area or the functions of the Authority. 20. Subdivision and amalgamation, modification of PAD Act (1) In this section — Minister means the Planning Minister. (2) For the purposes of the exercise of the Authority's powers under section 18, the PAD Act sections 135 and 136, are to be read as if any reference in those provisions to the WAPC were a reference to the Minister and — (a) subject to this section, any function of the WAPC under the PAD Act in respect of an application made or approval given under either of those sections is to be read as a function of the Minister; and (b) if, by virtue of this section, the Minister grants an approval under either of those sections, the approval is to be taken to be an approval of the WAPC, in particular in the PAD Act section 147. (3) To apply for the approval of the Minister, by virtue of subsection (2), under the PAD Act section 135 or 136, the Authority must — (a) make a written application to the Minister which — (i) must include all relevant information to enable a decision to be made; and (ii) may include a recommendation as to the decision to be made; and (b) forward a copy of the application to the WAPC. (4) Before the Minister, by virtue of subsection (2), makes a decision under the PAD Act section 135 or 136, the Minister must request the advice of the WAPC and have regard to any advice provided. (5) The WAPC must provide advice to the Minister within 30 days after it receives a request made under subsection (4). (6) Regulations made under the PAD Act in respect of the procedure for applying for approval under the PAD Act section 135 or 136 do not apply in respect of an application made to the Minister. 21. Application of Public Works Act 1902 to Authority For the purposes of the Public Works Act 1902 — (a) the Authority is a local authority; and (b) the preparation of, and any incidental work to preparing, a redevelopment scheme under Part 5 is a public work; and (c) development of land under, and the carrying out of, this Act and any incidental work is a public work. 22. Compulsorily acquiring land under Land Administration Act 1997 (1) For the purposes of the Land Administration Act 1997 Parts 9 and 10, development of land under, and the carrying out of, this Act and any incidental work is a public work. (2) The Minister may, by notice published in the Gazette, authorise the taking of specified interests in specified land in a redevelopment area. (3) In subsection (2) — specified means specified in the notice. (4) For the purposes of the Land Administration Act 1997 section 177, a notice published under subsection (2) has effect as if it were a notice of intention registered under section 170 of that Act. (5) In applying the Land Administration Act 1997 Parts 9 and 10 and for the purposes of this section — (a) the Land Administration Act 1997 sections 170, 171, 172, 173, 174, 175 and 184 do not apply; and (b) the Land Administration Act 1997 sections 187, 188, 189, 190 and 191 do not apply to land within a redevelopment area that was taken or acquired under the Public Works Act 1902 or the Land Administration Act 1997 before the land came within a redevelopment area; and (c) the Land Administration Act 1997 otherwise applies. (6) If land referred to in subsection (5)(b) is not required for the public work for which it was taken or acquired, the land may be held or used for some other purpose authorised by this Act. 23. Public authority can be directed to transfer land to Authority (1) In this section — interest in land includes an easement, right or power affecting land. (2) If a public authority has an estate or interest in land over which it has a power of disposition and the land is in a redevelopment area, the Governor, by order, may direct the public authority to transfer all or a part of the estate or interest to the Authority. (3) The Governor cannot exercise the power in subsection (2) unless satisfied that the land is needed by the Authority for the purposes of this Act. (4) An order under subsection (2) must specify the estate or interest to be transferred and the terms on which the transfer must be made. (5) A public authority must comply with a direction given to it under subsection (2), despite any other written law. 24. Closing thoroughfares, temporarily or permanently (1) If the Authority considers it is necessary for the performance of its functions to temporarily close a thoroughfare in a redevelopment area to vehicles or people, wholly or partially, then despite the Local Government Act 1995, it may do so in such manner and for such period as it decides. (2) A thoroughfare must not be closed under subsection (1) for more than 3 consecutive days unless the Authority has given the chief executive officer of the local government of the district in which the thoroughfare is wholly or partially situated notice of the closure at least 14 days before the day on which the thoroughfare is first closed. (3) For the purposes of permanently closing a thoroughfare in a redevelopment area, the Land Administration Act 1997 section 58, and regulations made under that Act, apply as if each reference in them to a local government — (a) included a reference to the Authority; and (b) did not include a reference to the local government of the district in which the thoroughfare is wholly or partially situated. 25. Conditional disposal of land (1) In this section — prescribed fee means a fee prescribed under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856; Registrar means the Registrar of Titles or the Registrar of Deeds and Transfers, as the case requires; transferee means a person to whom the Authority disposes of land under section 18(1)(a). (2) Any agreement between the Authority and a transferee in respect of the transfer of land may do any or all of the following — (a) require the transferee to make improvements to the land as specified in the agreement; (b) restrict the transferee's ability to dispose of or deal with the land; (c) include any other condition or restriction; (d) give the Authority rights and remedies against, and the power to impose sanctions on, the transferee in relation to a breach of any such condition or restriction. (3) The Authority may lodge a memorial, in a form approved by the Registrar, with the Registrar as to a condition or restriction in such an agreement. (4) On lodgment of such a memorial and after receiving any prescribed fee, the Registrar must register the memorial against the land concerned. (5) While a memorial is registered under subsection (4) against land, the Registrar must not, without the written consent of the Authority, register under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856 any instrument affecting the land. (6) As soon as practicable after land against which a memorial is registered under subsection (4) ceases to be subject to the condition or restriction to which a memorial relates, the Authority must withdraw the memorial by lodging with the Registrar a withdrawal in a form approved by the Registrar. (7) On lodgment of the withdrawal and after receiving any prescribed fee, the Registrar must cancel the memorial. Part 3 — Land Redevelopment Committees 26. LRC to be established for each redevelopment area (1) Subject to subsection (3), the Authority must establish and name a land redevelopment committee in respect of each redevelopment area. (2) The Authority must comply with subsection (1) not later than 28 days after the date on which regulations establishing the redevelopment area come into operation. (3) The Authority is not required to establish an LRC in respect of a redevelopment area if the Authority determines that an LRC that is already established is to be taken to be established as the LRC in respect of that area. (4) The Authority must publish in the Gazette notice of the following — (a) the establishment of any LRC under subsection (1); (b) any determination under subsection (3). 27. Function of LRC The function of an LRC is to exercise or perform any powers or duties delegated to it under section 13 or 14 or subdelegated to it under the PAD Act section 16(7A). 28. Dissolution of LRC (1) An LRC — (a) must be dissolved by the Authority at the direction of the Minister; and (b) may be dissolved by the Authority on its own initiative, with the approval of the Minister. (2) Regulations may prescribe all matters that are required, necessary or convenient to be prescribed in relation to anything to be done, or that occurs, because of the dissolution of an LRC. Part 4 — Redevelopment areas 29. Recommendation of Minister to declare a redevelopment area (1) The Governor must not make regulations under section 30 or 31 that declare land to be, or that add land to, a redevelopment area except on the recommendation of the Minister. (2) Before making such a recommendation the Minister must — (a) have regard to whether including the land in a redevelopment area will facilitate — (i) the regeneration of the area; or (ii) the provision of land suitable for commercial or residential purposes close to public transport; or (iii) the establishment of new industries; and (b) have regard to — (i) the likely effect of including the land in a redevelopment area on the efficiency, effectiveness and integrity of the land use planning system provided for under the PAD Act; and (ii) whether including the land in a redevelopment area is consistent with orderly and proper planning across the State; and (c) advise the WAPC and each relevant local government of the proposed content of the regulations; and (d) allow the WAPC and each relevant local government at least 30 days to make written recommendations to the Minister on the proposed content of the regulations. (3) In subsection (2) — relevant local government, in relation to a proposed redevelopment area or a redevelopment area, means the local government of any district in which the redevelopment area will be, or is, wholly or partly situated. (4) Without limiting subsection (2), the Minister must not recommend the making of regulations to add land that is not contiguous with land in an existing redevelopment area to that area unless, in the Minister's opinion, the addition would be consistent with the objectives of the redevelopment area prescribed under section 30(5)(c). (5) If the Minister recommends the making of regulations the content of which is, in the Minister's opinion, significantly different to any recommendation made by the WAPC under this section, the Minister must cause notice of the difference to be laid before each House of Parliament or dealt with under section 132, within 14 days after the day on which the Minister's recommendation is given. (6) A notice under subsection (5) must include so much of the text of the Minister's and WAPC's recommendations as is sufficient to identify the area of difference. (7) The text of a notice under subsection (5) must be included in the annual report submitted by the accountable authority of the Authority under the Financial Management Act 2006 Part 5. 30. Regulations may declare redevelopment areas and provide for related matters (1) Regulations may declare land that is — (a) in the metropolitan region (other than the Swan Valley); and (b) described in the regulations, to be a redevelopment area. (2) Regulations cannot be made under subsection (1) in respect of land that is the subject of an improvement scheme. (3) Land may be described under subsection (1)(b) by a land description or by reference to a plan held by the Authority, or both. (4) Under subsection (1) — (a) one or more separate redevelopment areas may be declared; and (b) more than one parcel of land may be declared to be a single redevelopment area; and (c) if more than one parcel is so declared, the parcels need not be contiguous. (5) The regulations must — (a) give each redevelopment area a name for the purposes of this Act; and (b) if the redevelopment area is described in the regulations by reference to a plan held by the Authority, include for guidance a plan depicting the redevelopment area; and (c) prescribe the objectives of the redevelopment area, being matters that — (i) are of importance to the planning and development of the redevelopment area; and (ii) must be taken into account in the preparation and approval of a redevelopment scheme for the area and the approval of development in the area. (6) When regulations made under this section are laid before a House of Parliament under the Interpretation Act 1984 section 42, they must be accompanied by — (a) an explanatory statement setting out the reasons for declaring the redevelopment area; and (b) a plan depicting the redevelopment area. [Section 30 amended: No. 45 of 2020 s. 118.] 31. Regulations may amend redevelopment area (1) Regulations declaring land to be a redevelopment area may be amended — (a) to add land to the redevelopment area; or (b) to remove land from the redevelopment area. (2) Regulations made for the purposes of subsection (1) may — (a) delete the description of the redevelopment area and substitute a new description; or (b) amend the redevelopment area by reference to any supplementary plan. (3) When regulations made under this section are laid before a House of Parliament under the Interpretation Act 1984 section 42, they must be accompanied by — (a) a plan depicting the redevelopment area before and after it was amended by the regulations; and (b) an explanatory statement setting out the reasons for the amendment. 32. Land added to redevelopment area, transitional matters (1) If land is added to a redevelopment area by regulations made under section 31(1)(a), the added land is not subject to the approved redevelopment scheme for the area unless and until the scheme is amended under section 49 to apply to the added land. (2) On the day on which the approved redevelopment scheme is amended to apply to the added land, section 51, with any necessary changes, applies in respect of the added land. 33. Land removed from redevelopment area, transitional matters If land is removed from a redevelopment area by regulations made under section 31(1)(b) — (a) the approved redevelopment scheme for the area ceases to apply to the removed land; and (b) a planning scheme that, but for section 51, would apply to the land, applies to the land, unless regulations made under section 35 provide otherwise. 34. Development applications not finalised when land removed (1) If, when land is removed from a redevelopment area by regulations made under section 31(1)(b), a development application for the land — (a) has not been decided; or (b) having been so decided, is the subject of an application to the State Administrative Tribunal for a review that has not been finalised, the development application or review must be decided in accordance with this Act and the approved redevelopment scheme that applied at the time the application was made. (2) For the purposes of subsection (1), this Act continues to apply, and the Authority or Planning Minister must continue to perform their functions, in relation to the development application and any application for review as if the approved redevelopment scheme were still in operation in relation to the land. 35. Transitional regulations (1) Regulations may be made for transitional purposes in respect of land and development on that land if the land is removed from a redevelopment area by regulations made under section 31(1)(b). (2) The regulations may save rights existing when the land is removed or the area ceases to exist, but subject to any provisions in an approved redevelopment scheme that applied to the land and related to nonconforming uses. 36. Evidentiary matters In any proceedings a plan purporting to be a copy of a plan referred to in section 30(3) or 31(2) showing the boundaries or any boundary of a redevelopment area is evidence of those boundaries or that boundary. Part 5 — Redevelopment schemes Division 1 — Preparation and approval of redevelopment schemes 37. Draft redevelopment scheme: work prior to declaration of redevelopment area (1) If the Authority decides to prepare a draft redevelopment scheme for a proposed redevelopment area, the Authority may consult — (a) any local government of a district in which is land to which it is proposed the draft will relate; and (b) any public authority or person that the Authority considers would be likely to be affected by the scheme if it were approved. (2) The Authority may do other preliminary work in relation to the preparation of a proposed redevelopment scheme for a proposed redevelopment area prior to the declaration of the redevelopment area but cannot act under section 39 or 40 until the redevelopment area is declared. 38. Draft redevelopment scheme (1) The Authority may prepare one or more draft redevelopment schemes for a redevelopment area. (2) A draft redevelopment scheme — (a) may apply to all or part of a redevelopment area; and (b) must specify the area to which it applies. (3) A draft redevelopment scheme may include any provision that the Authority considers will promote the orderly and proper planning, development and management of a redevelopment area. (4) In preparing a draft redevelopment scheme, the Authority must make reasonable endeavours to consult — (a) each local government of a district in which is land to which it is proposed the draft will relate; and (b) any public authority or person that the Authority considers would be likely to be affected by the scheme if it were approved. (5) Subsection (4) does not apply if the local government, public authority or person has been consulted in respect of the proposed scheme under section 37(1). (6) In preparing a draft redevelopment scheme for all or part of a redevelopment area, the Authority must have regard to the following — (a) any objectives for the redevelopment area prescribed for the purposes of section 30(5)(c); (b) the views of any local government, public authority or person consulted under section 37(1); (c) the views of any local government, public authority or person consulted under subsection (4). (7) Without limiting subsection (3), a draft redevelopment scheme may — (a) include any provision that may be included in a local planning scheme; (b) include provisions in relation to the payment of redevelopment and associated costs (costs contributions) by owners of land in the redevelopment area, including, but not limited to, providing for — (i) the criteria for requiring costs contributions; (ii) the payment, recovery and waiver of costs contributions; (iii) the Authority to determine the following — (I) costs contribution areas in the redevelopment area; (II) the purposes for which costs contributions are required; (III) who is liable to pay costs contributions; (IV) the criteria for estimating the amount of costs contributions; (V) interest rates payable in respect of costs contributions; (iv) the Minister to approve determinations of the Authority in respect of costs contributions; (v) review of determinations of the Authority in respect of costs contributions; (c) provide that contravention of a provision of the scheme is an offence and prescribe a penalty not exceeding a fine of $50 000, with or without a daily penalty not exceeding $5 000, in respect of the offence. 39. Draft redevelopment scheme to be submitted to relevant local government and WAPC (1) Before submitting a draft redevelopment scheme to the Minister under section 41(1) the Authority must submit it to — (a) the local government of each district in which is land to which the draft relates; and (b) the WAPC. (2) At any time before a draft redevelopment scheme is submitted to the Minister under section 41(1) — (a) the local government and the WAPC may give the Authority written submissions about the draft redevelopment scheme; and (b) the Authority may amend the draft to take account of those submissions. 40. Draft redevelopment scheme to be referred to EPA (1) The Authority must refer any draft redevelopment scheme to the EPA, together with such written information about it as is sufficient to enable the EPA to comply with the EP Act section 48A in relation to it. (2) If, under the EP Act section 48A(1)(b)(i), the EPA informs the Authority that the draft should be assessed by the EPA under the EP Act Part IV Division 3, the Authority must — (a) within 7 days after the last day on which submissions may be made to the Authority under section 44, send the EPA a copy of each submission made under section 44 that relates wholly or in part to any environmental issue raised by the draft; and (b) within 42 days after that last day, or such longer period as the Minister allows, advise the EPA of the Authority's views on and response to each environmental issue to which any such submission relates. (3) If, under the EP Act section 48C(1)(a), the EPA requires the Authority to undertake an environmental review of the draft, the Authority must, if it wants to proceed with the draft — (a) undertake the review in accordance with the instructions issued under that section; and (b) report to the EPA on the review. (4) If the EPA advises the Authority that the environmental review has not been undertaken in accordance with the instructions issued under the EP Act section 48C(1)(a), the Authority may — (a) ask the Minister to consult with the Environment Minister and, if possible, agree with him or her on whether or not the review has been undertaken in accordance with those instructions; or (b) comply with subsection (3). (5) If pursuant to a request made under subsection (4)(a) the Minister and the Environment Minister consult then — (a) if they agree whether or not the review has been undertaken in accordance with the instructions issued under the EP Act section 48C(1)(a), their decision is final and cannot be appealed; (b) if they cannot agree, the EP Act section 48J applies. 41. Draft redevelopment scheme to be submitted to Minister for publication approval (1) After the Authority prepares a draft redevelopment scheme, the Authority must submit to the Minister — (a) the draft; and (b) any submissions in respect of the draft made by a local government or the WAPC under section 39(2). (2) The draft redevelopment scheme must not be submitted to the Minister before — (a) each local government to which the draft was submitted under section 39(1) and the WAPC have made final submissions under section 39(2) in respect of the draft; or (b) 42 days have elapsed since the Authority complied with section 39(1) in respect of the draft, whichever occurs first. (3) If under section 40(3) the Authority is required to undertake an environmental review, the draft redevelopment scheme must not be submitted to the Minister before the Authority has sent the review to the EPA and — (a) either — (i) the EPA has advised the Authority; or (ii) under section 40(5)(a) it is agreed; or (iii) under the EP Act section 48J it is decided, that the review has been undertaken in accordance with the instructions issued under the EP Act section 48C(1)(a); or (b) 30 days have elapsed since the day on which the review was sent to the EPA and the EPA has not advised whether or not the review has been undertaken in accordance with those instructions, whichever occurs first. (4) If under the EP Act section 48C the Authority is required to provide to the EPA a contaminated sites auditor's report on a draft redevelopment scheme, the draft redevelopment scheme must not be submitted to the Minister before 30 days have elapsed since the day on which the report was provided to the EPA. 42. Minister's functions as to draft redevelopment scheme Having considered a draft redevelopment scheme submitted under section 41, the Minister may — (a) consent to the public notification of the draft; or (b) refuse to consent and require the Authority to prepare another or an amended draft in accordance with instructions given by the Minister. 43. Public notification of draft redevelopment scheme (1) If under section 42(a), the Minister consents to the public notification of a draft redevelopment scheme, the Authority must publish a notice stating the following — (a) where and when a copy of the draft can be inspected; (b) where and when a copy of the draft can be obtained; (c) the effect of section 44; (d) the period within which submissions about the draft can be made, set under subsection (3). (2) The notice must be published — (a) in the Gazette; and (b) in 2 issues of a newspaper circulating throughout the State. (3) The period within which submissions about the draft can be made must be set by the Authority, and must not be less than 60 days after the day on which the notice is published in the Gazette. (4) Regulations made under this Act may prescribe a fee for obtaining a copy of a draft redevelopment scheme. 44. Public submissions on draft redevelopment scheme Any person may, within the period set under section 43(3), make a written submission to the Authority about a draft redevelopment scheme. 45. Draft redevelopment scheme to be submitted to Minister for final approval (1) After section 43 has been complied with and the period within which submissions about a draft redevelopment scheme can be made has elapsed, the Authority must submit the draft to the Minister. (2) The draft may include amendments that take account of any submission made under section 44. (3) The draft must be accompanied by — (a) a summary of all the submissions made under section 44; and (b) a report of the Authority on the merits of those submissions. 46. Recommendation of WAPC (1) The Authority must give the WAPC a copy of a draft redevelopment scheme submitted to the Minister under section 45(1). (2) The WAPC may give the Minister a written recommendation to — (a) approve the draft redevelopment scheme; or (b) refuse to approve the draft redevelopment scheme. (3) A recommendation under subsection (2)(b) may include a recommendation that the Minister require the Authority to prepare another or an amended draft redevelopment scheme in accordance with recommendations given by the WAPC. (4) The WAPC must give its recommendation, if any, as soon as is practicable and, in any event, not later than 30 days after the Authority complies with subsection (1) in respect of the draft redevelopment scheme. (5) The Minister must not act under section 47(1) until — (a) the WAPC has made its recommendation on the draft redevelopment scheme; or (b) 30 days have elapsed since the Authority complied with subsection (1) in respect of the draft redevelopment scheme. 47. Minister's functions in deciding final approval (1) After considering a draft redevelopment scheme submitted to him or her under section 45 by the Authority and any recommendation given by the WAPC under section 46, the Minister must — (a) approve the draft redevelopment scheme; or (b) refuse to approve the draft redevelopment scheme; or (c) approve the draft redevelopment scheme subject to amendments being made to it, as directed by the Minister. (2) The Minister must not act under subsection (1) — (a) until — (i) under the EP Act section 48A(1)(a), the EPA has informed the Authority that the EPA considers that the draft should not be assessed by the EPA under the EP Act Part IV Division 3; or (ii) the 28 day period referred to in the EP Act section 48A(1)(b)(i) has expired without the EPA having, under that section, informed the Authority; or (iii) if a statement has been delivered under the EP Act section 48F(2) setting out the conditions, if any, to which the draft should be subject — the Minister is satisfied the submitted draft meets those conditions; or (iv) if a decision has been made under the EP Act section 48J on the conditions, if any, to which the draft should be subject — the Minister is satisfied the submitted draft meets those conditions, whichever occurs first; or (b) if, under the EP Act section 48A(2)(b), the Minister and the Environment Minister have made an agreement. (3) The Minister must have regard to the objectives for the redevelopment area prescribed for the purposes of section 30(5)(c) when deciding whether to approve a draft redevelopment scheme for that area. (4) If the Minister approves a draft redevelopment scheme the content of which is, in the Minister's opinion, significantly different to any recommendation given by the WAPC under section 46, the Minister must cause notice of the difference to be laid before each House of Parliament or dealt with under section 132, within 14 days after the scheme start day. (5) A notice under subsection (4) must include so much of the text of the draft and of the recommendation as is sufficient to identify the area of difference. (6) The text of a notice under subsection (4) must be included in the annual report submitted by the accountable authority of the Authority under the Financial Management Act 2006 Part 5. (7) If the Minister refuses to approve a draft redevelopment scheme, the Minister may give directions to the Authority as to the preparation of a further draft redevelopment scheme and as to the submission of the scheme under section 41 or 45 as the Minister may specify. (8) Sections 115 and 116, with any necessary changes, apply to a direction under subsection (7). 48. Gazettal and operation of approved redevelopment scheme (1) If under section 47 the Minister approves a redevelopment scheme, the Authority must publish in the Gazette a notice of — (a) the approval; and (b) the day on which the approved redevelopment scheme comes into operation; and (c) where and when a copy of the approved redevelopment scheme can be inspected; and (d) where and when a copy of the approved redevelopment scheme can be obtained. (2) An approved redevelopment scheme comes into operation on the day after the day on which the notice is published under subsection (1) or on a later day specified in the scheme. (3) An approved redevelopment scheme must be made available by the Authority for inspection by the public during office hours free of charge. (4) Regulations made under this Act may prescribe a fee for obtaining a copy of an approved redevelopment scheme. Division 2 — Amendment and repeal of approved redevelopment scheme 49. Amendment of approved redevelopment scheme (1) The Authority may prepare a draft amendment to an approved redevelopment scheme. (2) Sections 40 to 48, with necessary changes, apply to a draft amendment or an amendment as if — (a) any reference in those sections to a draft redevelopment scheme were a reference to the draft amendment; and (b) in section 42(b) the words "and may require" were substituted for "and require"; (c) the reference in section 43(3) to 60 days were a reference to 42 days; and (d) the reference in section 47(7) to a further draft redevelopment scheme were a reference to a further draft amendment; and (e) any reference in section 48 to an approved redevelopment scheme were a reference to an approved amendment. 50. Repeal of approved redevelopment scheme (1) An approved redevelopment scheme that, immediately before a redevelopment area ceases to exist, applied to the redevelopment area is to be taken to have been repealed when the redevelopment area ceases to exist. (2) An approved redevelopment scheme may be repealed by a subsequent redevelopment scheme. Division 3 — Effect of redevelopment scheme 51. Effect of approved redevelopment scheme on planning schemes (1) On the scheme start day for land in a redevelopment area, any planning scheme that applies to the land immediately before that day ceases to apply — (a) to that land; and (b) to any development of that land commenced on or after that day. (2) Subsection (1) does not affect the operation of sections 55, 56 and 58. (3) The Interpretation Act 1984 section 37 applies in respect of subsection (1) as if a planning scheme were an enactment and the subsection repealed the scheme insofar as it applies to the land and development of the land. (4) Subsection (3) operates subject to any provision in the approved redevelopment scheme that relates to nonconforming uses. (5) This section does not apply in relation to a development that was lawfully being carried out in the redevelopment area immediately before the scheme start day. (6) A development referred to in subsection (5) or in respect of which all necessary approvals under the planning schemes referred to in subsection (1) were in force immediately before the scheme start day — (a) may be lawfully carried out as if this section were not in operation; and (b) despite subsection (1), is governed by the PAD Act and those planning schemes. 52. Inconsistency with regulations (1) An approved redevelopment scheme must not be inconsistent with any regulations made under this Act. (2) If a provision of an approved redevelopment scheme is inconsistent with regulations made under this Act, the provision is void to the extent of the inconsistency. 53. Approved redevelopment scheme has legislative effect (1) An approved redevelopment scheme has legislative effect. (2) For the purposes of the Interpretation Act 1984 and to avoid doubt, an approved redevelopment scheme is subsidiary legislation made under this Act. (3) The Interpretation Act 1984 section 41 does not apply to an approved redevelopment scheme. 54. Authority to comply with redevelopment schemes (1) The Authority must perform its functions in relation to a redevelopment area in accordance with the approved redevelopment scheme for that area. (2) Subsection (1) does not affect the discretion conferred on the Authority by section 66(1). 55. Applications for approval not finalised on scheme start day (1) If, on the scheme start day for land in a redevelopment area, an application for approval under a planning scheme for the land — (a) has not been decided; or (b) having been so decided, is the subject of an application to the State Administrative Tribunal for a review that has not been finalised, the application or review must be decided in accordance with the PAD Act and the planning scheme that applied at the time the application was made. (2) For the purposes of subsection (1), the PAD Act and planning scheme continue to apply, and the relevant responsible authority must continue to perform its functions, in relation to the application and any application for review as if the planning scheme were still in operation in relation to the land. 56. Transitional regulations (1) Regulations may be made for transitional purposes in respect of land and development on it if a planning scheme ceases to apply to the land under section 51. (2) The regulations may save rights existing immediately before the planning scheme ceased to apply, but subject to any provisions in the PAD Act or any planning scheme that applied to the land and related to nonconforming uses. 57. Minister may amend local planning scheme to conform with redevelopment scheme (1) The Planning Minister may, while an approved redevelopment scheme is of effect, publish in the Gazette a notice amending a local planning scheme that, but for section 51, would apply to land to which the redevelopment scheme applies so that the planning scheme is consistent with the redevelopment scheme. (2) An amendment published under subsection (1) has effect, by force of this subsection and without further action, on the day on which the redevelopment scheme ceases to apply to the land. 58. Certain planning schemes affecting redevelopment area not to operate until redevelopment scheme ceases to apply (1) Subject to subsection (2) and without limiting section 57, this Division does not prevent a planning scheme, or amendment to a planning scheme, that, but for section 51, would apply to land in a redevelopment area being made after a scheme start day so as to commence when the redevelopment scheme ceases to apply to the land. (2) A planning scheme, or an amendment to a planning scheme, made after a scheme start day, insofar as it purports to apply to land in a redevelopment area, has no effect while the redevelopment scheme has effect. Part 6 — Development control in redevelopment area Division 1 — State bound 59. Part binds State This Part binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities. Division 2 — Developments by Authority 60. Authority must get Minister's approval for development (1) In this section — Minister means the Planning Minister. (2) The Authority must not undertake development, or cause any development to be undertaken, unless the development is approved by the Minister. (3) If the Authority has a financial interest in the subject matter of a development application by reason of its participation in a business arrangement, as defined in section 11(1), the Authority — (a) must not make a decision on the application; and (b) must forward the application to the Minister. (4) The Minister must decide whether or not to approve an application for approval under subsection (2) or a development application forwarded under subsection (3). (5) The Authority must provide the Minister with all relevant information to enable a decision to be made under this section, and may make a recommendation as to the decision to be made. (6) Section 63 does not apply to an application by, or forwarded by, the Authority for the Minister's approval under this section but the Minister must, on receipt of the application, otherwise comply with section 64 as if any reference in the section to the Authority were a reference to the Minister. (7) Section 65 applies to an application by, or forwarded by, the Authority for the Minister's approval under this section as if — (a) for the purposes of section 65(2), the application had been determined to be a major application; and (b) any reference in the section to the Authority were a reference to the Minister. (8) Sections 66 and 67 apply to — (a) any application by, or forwarded by, the Authority for the Minister's approval under this section; and (b) any development approval under this section, as if any reference in those sections to the Authority were a reference to the Minister. Division 3 — Development control by Authority 61. Application of this Division It is immaterial for the purposes of this Division that a development is undertaken in the performance of a function vested in a person by a written law. 62. Undertaking unauthorised development an offence (1) In this section — development approval includes an approval issued under section 60. (2) A person who undertakes any development on land to which an approved redevelopment scheme applies, or causes any such development to be undertaken, commits an offence unless the development is authorised by a development approval. Penalty: a fine of $200 000 and a daily penalty of $25 000. (3) A person who, while a development approval is in force, undertakes any development, or causes any development to be undertaken, that contravenes the approval, or any condition to which the approval is subject, commits an offence. Penalty: a fine of $200 000 and a daily penalty of $25 000. 63. Initial assessment of development application (1) On receiving a development application, the Authority must assess the application and determine, in accordance with criteria prescribed by the regulations, whether the development application is — (a) a standard application; or (b) a major application. (2) The Authority must give written notice of its determination under this section to the applicant. 64. Notice of development application (1) After assessing a development application under section 63, the Authority — (a) must give written notice of the particulars of the application, its determination under section 63 and of the effect of section 65(1), to — (i) the local government of the district in which the proposed development will be carried out; and (ii) each local government and public authority prescribed by the regulations as a local government or public authority that must be notified of the development application; and (iii) any other public authority that appears to the Authority to have functions relevant to, or whose operations appear to the Authority to be likely to be affected by, the proposed development; and (b) may give written notice of the particulars of the application, its determination under section 63 and of the effect of section 65(1) to any other person it thinks fit. (2) A person notified under subsection (1) may give the Authority a written submission about the proposed development. 65. When development application must be decided (1) The Authority must not decide a development application until — (a) at least 42 days after the day on which sec