Western Australia: Planning and Development Act 2005 (WA)

Western Australia Planning and Development Act 2005 Western Australia Planning and Development Act 2005 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Purposes and interpretation of this Act 1 4. Terms used 1 5. Crown bound 1 6. Act does not interfere with public works 1 Part 2 — The Western Australian Planning Commission Division 1 — Establishment and management 7. Commission established 1 8. Status 1 9. Board of management 1 10. Membership of board 1 11. Board's constitution and proceedings 1 12. Remuneration and allowances 1 Division 2 — Functions and powers 13. Introduction to Commission's role 1 14. Functions 1 15. Powers 1 16. Delegation by Commission 1 17. Minister may give Commission directions 1 18. Minister to have access to information 1 19. Committees of Commission 1 20. Fees for Commission's services 1 Division 3 — Administration 21. Secretary 1 22. Staff 1 23. Use of staff and facilities of public authorities 1 Division 4 — Miscellaneous 24. Execution of documents 1 Part 3 — State planning policies 25. Statements of planning policy under repealed Act, effect of 1 26. Preparation and content of State planning policy 1 27. Matters to be considered when preparing State planning policy 1 28. Process for preparation and approval of State planning policy 1 29. Persons and bodies performing functions to have due regard to State planning policies 1 Part 3A — Planning codes 32A. Planning codes 1 32B. Process for preparation and approval of planning code or amendment 1 32C. Effect of planning code 1 Part 4 — Region planning schemes Division 1 — Continuation and formulation of region planning schemes 33. Schemes under repealed Act, effect of 1 34. Region planning schemes, preparation and content of 1 35. Commission may resolve to prepare or amend region planning scheme 1 36. Restrictions on making or amending region planning scheme for metropolitan region 1 37. Region planning scheme may be amended or repealed 1 Division 2 — Relevant considerations in preparation or amendment of region planning scheme or amendment and requirement to advertise 38. Referral of proposed scheme or amendment to EPA 1 39. Environmental review of proposed scheme or amendment 1 43. Advertising proposed scheme or amendment 1 45. Commission's duties if proposed scheme or amendment is to be assessed under EP Act 1 Division 3 — Submission and approval of region planning schemes or amendment other than minor amendments 47A. Region planning scheme or non‑minor amendment to be submitted and approved under this Division 1 48. Proposed scheme or amendment and public submissions to be submitted to Minister 1 50. When Minister may submit proposed scheme or amendment for Governor's approval 1 51. Minister may direct proposed scheme or amendment to be republicised 1 52. Modifications to proposed scheme or amendment, procedure on 1 53. Approval of Governor 1 54. Publicising approved scheme or amendment 1 55. Revoking approval of scheme or amendment 1 56. Parliament may disallow scheme or amendment 1 Division 4 — Submission and approval of minor amendments to region planning schemes 56A. Term used: minor region planning scheme amendment 1 57. Proposed minor amendment may be submitted and approved under this Division 1 61. Minister not to approve proposed minor amendment in some cases 1 62. Minister may approve or decline to approve minor amendment 1 Division 4A — Withdrawal of region planning scheme or amendment 62A. Minister may withdraw or direct withdrawal of proposed scheme or amendment 1 Division 5 — Consolidation of region planning scheme 63. Minister may direct consolidation 1 64. Maps, plans, diagrams may be added or substituted 1 65. Certification and delivery of consolidation 1 66. Proof of consolidation 1 67. Consolidation of portion of region planning scheme 1 Part 5 — Local planning schemes Division 1 — Continuation and formulation of local planning schemes 68. Town planning schemes under repealed Act, effect of 1 69. General objects of schemes 1 70. Scheme may be made for land outside scheme or be concurrent with another scheme 1 71. Scheme not to apply to redevelopment area or Swan Valley 1 72. Local government may prepare or adopt scheme 1 73. Contents of scheme 1 74. Repealing scheme 1 75. Amending scheme 1 Division 2 — Minister's powers in relation to local planning schemes 76. Minister may order local government to prepare or adopt scheme or amendment 1 77A. Minister may order local government to amend scheme to be consistent with State planning policy 1 Division 3 — Relevant considerations in preparation or amendment of local planning scheme 77. Effect of State planning policies and planning codes on scheme 1 79. Heritage Council's advice to be sought in some cases 1 80. Swan and Canning Rivers management programme, effect of 1 81. Referral of proposed scheme or amendment to EPA 1 82. Environmental review, when required etc. 1 83. Consultation requirements 1 Division 4 — Advertisement and approval 83A. Proposed scheme or amendment to be submitted to Minister for approval to advertise 1 84. Advertising proposed scheme or amendment 1 85. Local government's duties if proposed scheme or amendment to be assessed under EP Act 1 86. Minister not to approve proposed scheme or amendment in some cases 1 87. Approving and publicising scheme or amendment 1 Division 5 — Review of local planning schemes 88. Consolidated scheme, when to be prepared 1 89. Consolidated scheme, public submissions to be sought on 1 90. Consolidated scheme, report on operation of required 1 91. Procedure if s. 90 report does not recommend change to scheme 1 92. Procedure if s. 90 report recommends change to scheme 1 93. Consolidated scheme, effect of publication of 1 94. Procedure if new scheme prepared following s. 90 report 1 95. Procedure if scheme repealed following s. 90 report 1 96. Consolidation of 2 or more schemes, when this Div. applies to 1 Division 6 — Crown land 97. Schemes for Crown lands 1 Part 6 — Interim development orders Division 1 — Regional interim development orders 98. Making and purpose of order 1 99. Contents of order 1 100. Commission to consult local government on some development applications 1 101. Restrictions on power to grant development approval 1 Division 2 — Local interim development orders 102. Making and purpose of order 1 103. Contents of order 1 Division 3 — Provisions applying to regional and local interim development orders 104. Consultation requirements 1 105. Publicising interim development order 1 106. Administration of interim development order 1 107. Effect and duration of interim development order 1 108. Existing lawful development not affected 1 109. Amending interim development order 1 110. Revoking interim development order 1 111. Non‑conforming development by local government or public authority, procedure for 1 Part 7 — Planning control areas 112. Declaration of planning control areas 1 113. Amending or revoking s. 112 declaration 1 114. Duration of s. 112 declaration 1 115. Development in planning control area, applying for approval of 1 116. Commission may approve or refuse s. 115 application 1 117. Commission may revoke approval if development does not conform with it 1 118. Existing lawful development not affected 1 Part 8 — Improvement plans and schemes Division 1 — Improvement plans 119. Preparing and making improvement plan 1 120. Amending or revoking improvement plan 1 121. Commission's powers as to land under improvement plan 1 Division 2 — Improvement schemes 122A. Content of improvement scheme 1 122B. Preparing, approving and reviewing improvement scheme 1 122C. Existing lawful development not affected 1 122D. Effect of improvement scheme on other planning schemes 1 122E. Removal of land from improvement scheme area or repeal of improvement scheme, effect of 1 122F. Transitional provisions for amended improvement scheme area 1 122G. Applications for development pending when land removed or improvement scheme repealed 1 122H. Permanently closing street in improvement scheme area 1 122I. Some planning schemes have no force while improvement scheme in force 1 122J. Minister may amend local planning scheme to conform with improvement scheme 1 122K. Region planning scheme may be amended to conform with improvement scheme 1 122L. Minister has s. 211 and 212 powers for improvement scheme 1 122M. Fees for planning matters under improvement scheme, Commission may impose 1 Division 3 — General 122. This Part does not derogate from other powers 1 Part 9 — Relationship between planning schemes, planning control provisions and written laws 123. Local planning scheme or local law to be consistent with region planning scheme or Swan Valley Planning Scheme 1 124. Effect of region planning scheme on local planning scheme 1 125. Minister may direct local government to amend local planning scheme to be consistent with region planning scheme etc. 1 126. Local planning scheme, amendment of due to region planning scheme 1 127. Minister may direct local government to modify proposed scheme or amendment to be consistent with region planning scheme 1 128. Breach of s. 124(2), 125 or 127(2), Minister's powers in case of 1 129. Inconsistency between interim development order and local planning scheme or local law, effect of 1 130. Planning control area provisions (Part 7) prevail 1 131. Building standards etc. prevail 1 131A. Relationship between Swan Valley Planning Scheme and other planning schemes or policies 1 132. Governor may modify or suspend law to enable planning scheme to have effect 1 Part 10 — Subdivision and development control Division 1 — Application 133. Application of Part to Crown land 1 134. Relationship of Part to some other laws 1 Division 2 — Approval for subdivision and certain transactions 135. No subdivision etc. without approval 1 136. Approval required for some dealings as to land not dealt with as lot or lots 1 137. Heritage land, subdivision etc. of 1 138. Commission's functions when approving subdivision etc. 1 138A. Commission's functions when approving subdivision etc. in Swan Valley 1 139. Leases and licences that do not need approval under s. 136 1 140. Saving of some agreements entered into without approval under s. 136 1 141. Refund where land transaction cannot be completed 1 142. Consultation requirements as to proposed subdivision 1 143. Commission's duties when dealing with plan of subdivision 1 144. Reconsidering refusal to approve plan of subdivision 1 145. Diagram or plan of survey of approved plan of subdivision, approval of 1 145A. Period for submission of diagram or plan of survey for approval by Commission 1 145B. Land subject to strata titles scheme 1 146. No certificate of title for subdivided land without approved diagram or plan of survey 1 147. No registration etc. of some land dealings without Commission's approval 1 Division 3 — Conditions of subdivision 149A. Condition requiring termination of strata titles scheme 1 150. Road access, conditions as to 1 151. Reconsidering conditions 1 152. Certain land to vest in Crown 1 153. Setting aside land for open space or payment in lieu 1 154. Money paid in lieu of open space, application of 1 155. Value of land for s. 153, how determined 1 156. Valuation under s. 155, dispute as to 1 157. When approval of subdivision deemed to be approval under planning scheme 1 Division 4 — Subdivision costs 158. Expenses of construction etc. of roads etc. 1 159. Subdivider may recover portion of road costs from later subdivider 1 160. Money payable under s. 159, recovery of 1 161. When subdivision occurs 1 Division 5 — Development controls 162. No development except with approval 1 163. Application for development of heritage place 1 164. Development commenced or carried out, subsequent approval of 1 Division 5A — Integration of subdivision and development 164A. Integration of subdivision and development 1 Division 6 — Miscellaneous 165. Hazard etc. affecting land, notating titles as to 1 166. Encroachment that leads to approved subdivision 1 167. Easement, creation of etc. on subdivision etc. 1 168. Road, creation of etc. on subdivision etc. 1 169. Roads and waterways, minimum standards of construction for 1 170. Proposed road or waterway, drawings etc. of required 1 Part 11A — Development Assessment Panels and development control Division 1 — Functions of DAPs 171A. Prescribed development applications, DAP to determine and regulations for 1 171B. DAP to carry out delegated functions 1 Division 2 — Development Assessment Panels: establishment and administration 171C. Establishment of DAPs 1 171D. Constitution, procedure and conduct of DAPs 1 171E. Administration and costs of DAPs 1 171F. Review of regulations 1 171G. Regulations about transitional matters 1 Part 11B — Development approval for significant development Division 1 — Preliminary 171H. Terms used 1 171I. Prescribed significant development 1 171J. Development to which this Part applies 1 171K. Relationship of this Part with other laws 1 Division 2 — Determination of significant development applications Subdivision 1 — Making significant development applications 171L. Development application may be made to Commission for determination under this Part 1 171M. Authorisation for application raising issues of State or regional importance to be made under s. 171L 1 171N. Supplementary provisions about applications and authorisations 1 Subdivision 2 — Considering and determining significant development applications 171O. Significant development application must be determined under s. 171P(1) 1 171P. Determination of significant development application by Commission 1 171Q. Procedures for dealing with significant development application 1 171R. Determining significant development application inconsistently with applicable planning instrument in some circumstances 1 171S. Provisions about determination of significant development application 1 171T. Time for determination of significant development application 1 Subdivision 3 — Consequences of determination and amendment and cancellation of determination 171U. Effect of determination of significant development application under s. 171P(1) 1 171V. Enforcement powers of Commission in relation to conditions 1 171W. Substantial commencement of development approved under s. 171P(1) 1 171X. Amendment or cancellation of approval granted under s. 171P(1) 1 Division 3 — Oversight of Commission 171Y. Review by State Administrative Tribunal 1 171Z. Ministerial call‑in of application for review under s. 171Y 1 171ZA. Governor may amend or cancel approval granted by Commission under s. 171P(1) 1 Division 4 — Miscellaneous 171ZB. Meetings to be open to public 1 171ZC. Fees 1 171ZD. Regulations 1 Part 11C — Avoiding conflicts with certain development approvals Division 1 — Preliminary 171ZE. Terms used 1 171ZF. Relationship of this Part with other laws and instruments 1 171ZG. Relevant development approvals 1 171ZH. Performance of functions to which this Part applies 1 171ZI. When performance of function conflicts with relevant development approval 1 Division 2 — Dealing with conflicts with relevant development approvals 171ZJ. Proposed performance of function that conflicts with relevant development approval 1 171ZK. Direction to decision‑maker by Minister on notification of proposed performance of function 1 171ZL. Application for direction if performance of function conflicts with approval 1 171ZM. Direction by Minister on application if performance of function conflicts with approval 1 171ZN. Direction is disallowable subsidiary legislation 1 171ZO. Effect of performance of function in compliance with direction 1 Division 3 — Regulations 171ZP. Regulations 1 Part 11 — Compensation and acquisition Division 1 — General matters in relation to compensation 171. Entitlement to compensation, limits on 1 Division 2 — Compensation where land injuriously affected by planning scheme 172. Terms used 1 173. Injurious affection, compensation for 1 174. When land is injuriously affected 1 175. No compensation if scheme's provisions are, or could have been, in certain other laws 1 176. Questions as to injurious affection etc., how determined 1 177. When compensation payable if land reserved 1 178. Claim for compensation, time for making 1 179. Injurious affection due to land being reserved, amount of compensation for 1 180. Notating title to land after compensation paid 1 181. Recovering paid compensation if reservation revoked or reduced 1 182. Board of Valuers 1 183. Valuations by Board 1 Division 3 — Other compensation 184. Betterment; compensation for expenses rendered abortive by amendment or repeal of scheme 1 185. Injurious affection due to interim development order 1 186. Injurious affection due to planning control area 1 Division 4 — Purchase or compulsory acquisition 187. Acquiring land in lieu of paying compensation 1 188. Land to be acquired under s. 187, valuing 1 189. Land in proposed region planning scheme, Commission may purchase 1 190. Responsible authority may purchase land for planning scheme 1 191. Compulsory acquisition of land in scheme area 1 192. Land etc. to be acquired under s. 191, valuing 1 193. Responsible authority's powers as to acquired land 1 194. Responsible authority may grant easement over acquired land 1 195. Commission's powers to acquire land in improvement plan 1 196. Commission may sell etc. acquired land 1 197. Declaring land for public work to be instead held etc. for region planning scheme or improvement plan 1 197A. Planning control areas 1 Part 12 — Financial provisions Division 1 — Metropolitan Region Improvement Fund 198. Metropolitan Region Improvement Account 1 199. MRI Account, application of 1 Division 2 — Metropolitan Region Improvement Tax 200. Owners' liability to pay tax 1 201. Tax collections, how to be dealt with MC 1 Division 3 — Financial provisions relating to the Commission 202. Saving 1 203. Funds of Commission 1 204. Minister's approval needed for some contracts and expenditure 1 205. Borrowing powers 1 206. Borrowing from Treasurer 1 207. Guarantees by Treasurer 1 208. Financial Management Act 2006 and Auditor General Act 2006, application of 1 209. Commission's land not subject to rates etc. 1 Division 4 — Financial provisions relating to local governments 210. Apportioning expenses between local governments 1 Part 13 — Enforcement and legal proceedings Division 1 — Enforcement 211. Person aggrieved by local government's omission may go to Minister; Minister's powers 1 212. Breach of order etc. by local government, Minister's powers as to 1 213. Minister's action under s. 212, effect of 1 214. Illegal development, responsible authority's powers as to 1 215. Illegal development, responsible authority's powers to remove etc. 1 216. Breach of Act etc. or development approval, injunctions as to 1 217. Environmental conditions, Minister's powers to enforce 1 Division 2 — Offences 218. Planning scheme or condition on development, contravening etc. 1 219. Unauthorised subdivision works 1 220. Planning control area, unauthorised development in 1 221. Interim development order, contravening 1 222. Heritage place, unauthorised development in 1 223. General penalty 1 224. Other enforcement provisions not affected 1 225. Onus of proof in vehicle offence may be shifted 1 Division 3 — Infringement notices 226. Terms used 1 227. Prescribed offences 1 228. Giving of infringement notice 1 229. Content of infringement notice 1 230. Extending time to pay modified penalty 1 231. Withdrawal of infringement notice 1 232. Benefit of paying modified penalty 1 233. Paid modified penalty, application of 1 234. Designated persons, appointment of 1 235. Notice placing onus on vehicle owner 1 Division 4 — Entry and inspection powers for officers authorised by Commission Subdivision 1 — Preliminary 235A. Terms used 1 Subdivision 2 — Authorised officers 235B. Commission may authorise certain persons for purposes of Division 1 235C. Identity cards 1 235D. Offences relating to authorised officers 1 Subdivision 3 — Entry and inspection 235E. Powers of entry and inspection 1 235F. Authorised officer may apply for entry warrant 1 235G. Making entry warrant application 1 235H. Further provisions about entry warrant application made by remote communication 1 235I. Issuing entry warrant 1 235J. Effect of entry warrant 1 235K. Execution of entry warrant 1 Part 14 — Applications for review Division 1 — Making and determination of applications for review 236. When this Part applies 1 237. Terms used 1 237A. How SAT to be constituted 1 238. SAT members, qualifications of 1 239. Legal representation, some applicants may elect there will be none 1 240. SAT to invite Minister for the Environment to make submission before determining certain applications 1 241. SAT to have regard to certain matters 1 242. Persons who are not parties, submissions from 1 243. Exclusion of powers to join parties 1 244. SAT review of some SAT decisions 1 245. Submissions by Minister to SAT 1 246. Minister may call in application to SAT for review 1 247. Determination of application by Minister 1 Division 2 — Decisions which may be reviewed 249. Decision as to development under interim development order 1 250. Decision as to development in planning control area 1 251. Some decisions made under Part 10 1 252. Decision made in exercise of discretionary power under planning scheme 1 253. Failure of responsible authority to make decision within decision period 1 Division 3 — Other applications for review 254. Decision made under EP Act s. 48I 1 255. Direction given under s. 214 1 Part 15 — Subsidiary legislation 256. Regulations for content of local planning schemes 1 257A. Model provisions, effect of 1 257B. Deemed provisions, effect of 1 257C. Regulations dealing with performance of functions under local planning schemes in relation to single house development 1 258. Regulations for procedure and costs for local planning schemes 1 258A. Regulations as to procedure and costs for region planning schemes 1 259. Regulations for environmental review expenses 1 261. Local government fees for planning matters etc., regulations as to 1 262. Uniform general local laws 1 263. Regulations: general 1 264. Regulations may adopt codes and other texts 1 Part 16 — Miscellaneous 265. Delegation by Minister 1 266. Duties and liabilities of persons performing functions under this Act or Swan Valley Planning Act 2020 1 267A. Crown and State land, who may sign documents as to 1 267B. Electronic planning maps 1 267C. Certified copies of electronic planning maps 1 267. Protection from personal liability 1 268A. Laying documents before House of Parliament that is not sitting 1 268. Review of Act 1 Part 17 — Special provisions for COVID‑19 pandemic relating to development applications Division 1 — Preliminary 269. Terms used 1 270. Effect of Part 1 Division 2 — Commission to determine certain development applications Subdivision 1 — Applications and referrals 271. Development applications that may be made directly to Commission during recovery period or extended recovery period 1 272. Development applications that may be referred to Commission by Premier during recovery period or extended recovery period 1 273. Supplementary provisions for applications and referrals 1 Subdivision 2 — Determinations 274. Determination of development applications by Commission 1 275. Application of legal instruments and matters to which Commission must have due regard 1 276. Consultation, submissions and other input 1 277. Effect of Commission determination under s. 274 1 277A. Enforcement powers of Commission in relation to conditions 1 278. Substantial commencement of development approved by Commission under s. 274 1 279. Amendment or cancellation of approval granted by Commission under s. 274 1 Division 4 — Oversight of Commission 283. State Administrative Tribunal 1 284. Governor may amend or cancel approval granted by Commission under s. 274 1 Division 5 — Final matters 285. Fees 1 286. Regulations 1 Part 18 — Extension of time for endorsement of diagram or plan of survey due to COVID‑19 pandemic 287. Term used: COVID‑19 emergency start date 1 288. Extension of time for endorsement of diagram or plan of survey of approved subdivision 1 Part 19 — Transitional provisions Division 1 — Provisions for Planning and Development Amendment Act 2020 289. LDAP or JDAP continues as DAP for district or districts 1 290. Preparation and approval of planning schemes where process commenced before commencement day 1 291. R‑Codes taken to be planning codes 1 292. Regulations made by Minister continue in force 1 293. Electronic planning maps prepared before commencement day 1 294. Transitional regulations 1 Division 2 — Provisions for Planning and Development Amendment Act 2022 295. Amendments to development approvals 1 296. Fees 1 Division 3 — Provisions for Planning and Development Amendment Act 2023 Subdivision 1 — Preliminary 297. Term used: 2023 amendment Act 1 Subdivision 2 — Avoiding conflicts with development approvals 298. Provisions about avoiding conflicts with development approvals 1 Subdivision 3 — Western Australian Planning Commission 299. Terms used and interaction with Interpretation Act 1984 s. 25 1 300. Membership of board 1 301. New board may exercise powers of Commission before reconstitution day 1 302. Membership of Executive, Finance and Property Committee 1 303. Membership of Statutory Planning Committee 1 304. Membership of Swan Valley Statutory Planning Committee 1 305. Other continuing committees 1 306. Board of management of Metropolitan Redevelopment Authority 1 307. Certain committees abolished 1 Subdivision 4 — Consolidation of planning schemes 308. Term used: repeal day 1 309. Proof of consolidation of region planning scheme 1 310. Proof of consolidation of local planning scheme 1 311. Application of amended s. 138(3)(a) and 171R(1)(b)(ii) in relation to previous review of local planning scheme 1 Subdivision 5 — Reviews of planning decisions 312. Applications made to State Administrative Tribunal 1 Subdivision 6 — Regulations 313. Transitional regulations 1 Schedule 2 — Committees 1. General provisions as to committees 1 3. Executive, Finance and Property Committee 1 4. Statutory Planning Committee 1 Schedule 3 — Metropolitan region Schedule 4 — Other regions 1. Gascoyne Region 1 2. Goldfields‑Esperance Region 1 3. Great Southern Region 1 4. Kimberley Region 1 5. Mid West Region 1 6. Peel Region 1 7. Pilbara Region 1 8. South West Region 1 9. Wheatbelt Region 1 Schedule 5 — Local governments — metropolitan region 1. SOUTH‑WEST GROUP 1 2. WESTERN SUBURBS GROUP 1 3. NORTH‑WEST GROUP 1 4. SOUTH‑EAST GROUP 1 5. EASTERN GROUP 1 Schedule 6 — Planning control areas: purposes for which land may be required Schedule 7 — Matters which may be dealt with by planning scheme 1. Generality preserved 1 2. Subdivision 1 3. Reconstruction 1 4. Preservation and conservation 1 5. Roads, public works, community infrastructure, reservation of land, provision of facilities 1 6. Zoning 1 7. Controls for land management 1 8. Development standards 1 9. Development controls 1 10. Acquisition and purchase of land 1 11. Powers 1 12. Agreements and cooperation 1 13. Carrying out scheme 1 14. Review by SAT 1 15. Policies and ancillary matters 1 Schedule 8 — Matters for which local laws may be made by Governor 1. Purchase and reservation of land 1 2. Limiting and regulating building 1 3. Classification and zoning 1 4. Prohibiting unauthorised uses 1 5. Prescribing characteristics of buildings 1 6. Prohibiting trade etc. or erection or use of building 1 7. Requirements of new subdivisions 1 8. Building lines 1 9. Open space etc. 1 10. Heights of walls etc. at road corners 1 11. Implementing of local laws 1 Schedule 9 — Board of Valuers 1. Term used: Board 1 2. Term of office 1 3. Constitution of Board 1 4. Resignation or removal from office 1 5. Remuneration of members 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Planning and Development Act 2005 An Act to provide for a system of land use planning and development in the State and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Planning and Development Act 2005. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Purposes and interpretation of this Act (1) The purposes of this Act are to — (a) consolidate the provisions of the Acts repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 (the Metropolitan Region Town Planning Scheme Act 1959, the Town Planning and Development Act 1928 and the Western Australian Planning Commission Act 1985) in a rewritten form; and (b) provide for an efficient and effective land use planning system in the State; and (c) promote the sustainable use and development of land in the State. (2) If — (a) the Metropolitan Region Town Planning Scheme Act 1959, the Town Planning and Development Act 1928 or the Western Australian Planning Commission Act 1985 expressed an idea in a particular form of words; and (b) this Act appears to have expressed the same idea in a different form of words in order to use a clearer or simpler style, the ideas are not to be taken to be different just because different forms of words were used. 4. Terms used (1) In this Act, unless the contrary intention appears — Account means the account referred to in section 203(2); artificial waterway means an artificial channel, lake, harbour or embayment, for navigational, ornamental and recreational purposes, or for any of those purposes, and includes any addition to, or alteration of, an artificial waterway as so defined; Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5; board means the board referred to in section 9; chairperson means the chairperson of the board; chief executive officer means the chief executive officer of the department principally assisting in the administration of this Act; Commission means the Western Australian Planning Commission established by section 7; Crown land has the meaning given to that term in the Land Administration Act 1997; development means the development or use of any land, including — (a) any demolition, erection, construction, alteration of or addition to any building or structure on the land; (b) the carrying out on the land of any excavation or other works; (c) in the case of a place to which a protection order made under the Heritage Act 2018 Part 4 Division 1 applies, any act or thing that — (i) is likely to change the character of that place or the external appearance of any building; or (ii) would constitute an irreversible alteration of the fabric of any building; development application means an application under a planning scheme, or under an interim development order, for approval of development; Development Assessment Panel or DAP means a Development Assessment Panel established under section 171C(1); district means an area that has been declared to be a district under the Local Government Act 1995; environmental condition means a condition agreed under section 48F, or decided under section 48J, of the EP Act; EP Act means the Environmental Protection Act 1986; EPA means the Environmental Protection Authority continued in existence under the EP Act; Government agreement has the meaning given in the Government Agreements Act 1979 section 2; Heritage Council means the Heritage Council of Western Australia established by the Heritage Act 2018; improvement plan means an improvement plan referred to in section 119; improvement scheme means an improvement scheme that has effect under Part 8 Division 2; improvement scheme area has the meaning given in section 122A(2); interim development order means a regional interim development order or a local interim development order; land includes — (a) land, tenements and hereditaments; and (b) any interest in land, tenements and hereditaments; and (c) houses, buildings, and other works and structures; local interim development order means an interim development order made under section 102; local order area means an area affected by, and specified in, a local interim development order; local planning scheme means a planning scheme of effect or continued under Part 5; lot means a defined portion of land — (a) depicted on a plan or diagram available from, or deposited with, the Authority and for which a separate Crown grant or certificate of title has been or can be issued; or (b) depicted on a diagram or plan of survey of a subdivision approved by the Commission; or (c) which is the whole of the land the subject of — (i) a Crown grant issued under the Land Act 1933 1; or (ii) a certificate of title registered under the Transfer of Land Act 1893; or (iii) a survey into a location or lot under section 27(2) of the Land Administration Act 1997 or a certificate of Crown land title the subject of such a survey; or (iv) a part‑lot shown on a diagram or plan of survey of a subdivision deposited with the Authority; or (v) a conveyance registered under the Registration of Deeds Act 1856, but does not include a lot as defined in the Strata Titles Act 1985 section 3(1); member means a member of the board; metropolitan region means the region described in Schedule 3; Metropolitan Region Scheme means the planning scheme continued under section 33(1), or any region planning scheme made in substitution for that scheme; Minister for the Environment means the Minister to whom the Governor has for the time being committed the administration of the EP Act; MRI Account means the Metropolitan Region Improvement Account established under section 198; officer of the Commission means either of the following — (a) the Secretary to the Commission appointed under section 21(1); (b) a public service officer referred to in section 22; planning code means a planning code approved by the Minister under regulations made under section 32B(1); planning control area means a planning control area declared and in force under section 112; planning scheme means a local planning scheme, region planning scheme or improvement scheme that has effect under this Act, or the Swan Valley Planning Scheme that has effect under the Swan Valley Planning Act 2020, and includes — (a) in the case of a local planning scheme, region planning scheme or improvement scheme that has effect under this Act — the provisions of the scheme being — (i) the provisions set out in the scheme; and (ii) any planning code that, with any modifications set out in the scheme, has effect under section 77(2)(b) as part of the scheme; and (iii) any provisions that have effect under section 257B(2) as part of the scheme; and (aa) in the case of the Swan Valley Planning Scheme — the provisions of the scheme being — (i) the provisions set out in the scheme; and (ii) any provisions of a kind referred to in the Swan Valley Planning Act 2020 section 11 that, with any modifications set out in the scheme, have effect under that section as part of the scheme; and (b) all maps, plans, specifications and other particulars contained in the scheme and colourings, markings or legends on the scheme; public authority means any of the following — (a) a Minister of the Crown in right of the State; (b) a department of the Public Service, State trading concern, State instrumentality or 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; public work includes the following — (a) any public work as defined in the Public Works Act 1902 section 2; (b) development in any area to which a region planning scheme applies if the development is of a class or kind designated as public work under the scheme; (c) development in any area to which a local planning scheme applies if the development is of a class or kind designated as public work under the scheme; region means the metropolitan region or a region referred to in Schedule 4; region planning scheme means either of the following — (a) the Metropolitan Region Scheme; (b) a planning scheme continued under section 33(2) or of effect under Part 4; regional interim development order means an interim development order made under section 98; regional order area means an area affected by, and specified in, a regional interim development order; responsible authority, except as provided in regulations made under section 171A(2)(a) or (ba), means — (a) in relation to a local planning scheme or local interim development order, the local government responsible for the enforcement of the observance of the scheme or order, or the execution of any works which under the scheme or order, or this Act, are to be executed by a local government; and (b) in relation to a region planning scheme, regional interim development order or planning control area, the Commission or a local government exercising the powers of the Commission; and (c) in relation to an improvement scheme or the Swan Valley Planning Scheme, the Commission; road means a public thoroughfare for vehicles (as defined in the Road Traffic (Administration) Act 2008 section 4) or pedestrians, and includes structures or other things appurtenant to the road that are within its limits, and a thoroughfare is not prevented from being a road only because it is not open at each end; State planning policy means a planning policy approved by the Governor or Minister, as the case requires, under regulations made under section 28(1); subdivision includes amalgamation; Swan Valley has the meaning given in the Swan Valley Planning Act 2020 section 3; Swan Valley Planning Scheme has the meaning given in the Swan Valley Planning Act 2020 section 3; utility services means drainage, electricity, sewerage or water supply services or such other services as are prescribed; WALGA means the body constituted under section 9.58 of the Local Government Act 1995 and known as the Western Australian Local Government Association. (2) In this Act, unless the contrary intention appears, a reference to — (a) "the preparation of a local planning scheme" or "the amendment of a local planning scheme" includes a reference to the adoption of a local planning scheme or amendment; (b) "a local planning scheme prepared by a local government" or "an amendment prepared by a local government" includes a reference to a planning scheme or amendment adopted by it, and other parts of speech and grammatical forms of those phrases have corresponding meanings. (3) A provision of this Act relating to a region scheme is to be construed in conjunction with the provisions of this Act relating to local planning schemes as if those provisions related to region schemes but, if the provision relating to a region scheme is in conflict with, or inconsistent with a provision relating to a local planning scheme, for the purpose of construing the provision relating to a region scheme the provision relating to the region scheme prevails to the extent that it is in conflict or inconsistent. [Section 4 amended: No. 60 of 2006 s. 147(2); No. 77 of 2006 Sch. 1 cl. 127(1); No. 21 of 2008 s. 690; No. 28 of 2010 s. 4, 41 and 52; No. 8 of 2012 s. 161; No. 22 of 2018 s. 186(2); No. 30 of 2018 s. 161; No. 26 of 2020 s. 6, 11 and 59; No. 45 of 2020 s. 57; No. 9 of 2022 s. 424; No. 4 of 2023 s. 143; No. 34 of 2023 s. 4 and 8; No. 34 of 2023 s. 37.] 5. Crown bound (1) Except as provided in section 6 this Act binds the Crown. (2) A region planning scheme binds the Crown. (3) An improvement scheme binds the Crown. [Section 5 amended: No. 28 of 2010 s. 5.] 6. Act does not interfere with public works (1) Subject to subsections (2) to (4), nothing in this Act interferes with the right of the Crown, or the Governor, or a public authority, or a local government — (a) to undertake, construct or provide any public work; and (b) to take land for the purposes of that public work. (2) Rights referred to in subsection (1) are to be exercised having due regard to — (a) the purpose and intent of any planning scheme that has effect in the locality where, and at the time when, the right is exercised; and (b) the orderly and proper planning, and the preservation of the amenity, of that locality at that time; and (c) any advice provided by the responsible authority in the course of the consultation required under subsection (3) in respect of the exercise of the right. (3) At the time when a proposal for any public work, or for the taking of land for a public work, is being formulated, the responsible authority is to be consulted as to whether the undertaking, construction or provision of, or the taking of land for, the public work will be consistent with the matters referred to in subsection (2)(a) and (b). (4) This section does not affect — (a) the application of section 5(2) and (3); or (b) the application of a region planning scheme or an improvement scheme in relation to anything done, or proposed to be done, by a public authority that is not an agency of the Crown. [Section 6 amended: No. 28 of 2010 s. 6; No. 26 of 2020 s. 12.] Part 2 — The Western Australian Planning Commission Division 1 — Establishment and management 7. Commission established (1) A body called the Western Australian Planning Commission is established. (2) The Commission is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Commission in its corporate name. 8. Status The Commission is an agent of the State and has the status, immunities and privileges of the State. 9. Board of management (1) The Commission is to have a board of management. (2) The board is the governing body of the Commission. (3) The board, in the name of the Commission, is to perform the functions of the Commission under this Act or any other written law. 10. Membership of board (1) The board is to consist of 7 to 9 members appointed by the Minister. (2) The Minister must appoint 1 of the members to be the chairperson. (3) The Minister may appoint 1 or more other members to be deputy chairpersons. (4) A member cannot be a public service officer. (5) The terms and conditions of a member's appointment are to be determined by the Minister, subject to — (a) any regulations made for the purposes of section 11(1); and (b) section 12. (6) The Minister must ensure that, taken together, the members have what the Minister considers to be a suitable level of knowledge, expertise and experience in the following fields — (a) urban and regional planning; (b) subdivision of land; (c) property development; (d) planning and management of infrastructure; (e) economic, social and environmental policy; (f) public sector governance and administration. (7) In addition to the requirement of subsection (6), the Minister must ensure the following — (a) that the chairperson, and at least 1 other member, each has what the Minister considers to be — (i) extensive knowledge, expertise and experience in the field of urban and regional planning; and (ii) a suitable professional qualification or accreditation in that field; (b) that at least 1 member has what the Minister considers to be extensive experience in local government administration as either or both of the following — (i) a member of the council of a local government; (ii) an employee of a local government; (c) that at least 1 member has what the Minister considers to be extensive experience of living and working in regions other than the following — (i) the metropolitan region; (ii) the region referred to in item 6 of Schedule 4. [Section 10 inserted: No. 34 of 2023 s. 38.] 11. Board's constitution and proceedings (1) Regulations may make provision in relation to the constitution and proceedings of the board. (2) Without limiting subsection (1), regulations made for the purposes of that subsection may make provision in relation to any of the following — (a) the appointment of members, including method of recruitment and terms and conditions of appointments; (b) circumstances that cause vacancies in offices of members and the filling of vacancies; (c) circumstances in which a member can be removed from office and the process for removing a member; (d) the granting of leave of absence for a member; (e) the role of the chairperson and any deputy chairpersons; (f) procedures of the board. (3) Subject to regulations made for the purposes of subsection (1), the board must determine its own procedures. (4) The board may invite representatives of public sector bodies (as defined in the Public Sector Management Act 1994 section 3(1)) to participate in meetings or other proceedings of the board as if they were members. (5) An invitation under subsection (4) — (a) is subject to any conditions or other limitations specified by the board; and (b) does not enable the representative to vote or to do anything else that is binding on the board. [Section 11 inserted: No. 34 of 2023 s. 38.] 12. Remuneration and allowances A member must be paid the remuneration and allowances determined by the Minister on the recommendation of the Public Sector Commissioner. [Section 12 inserted: No. 34 of 2023 s. 38.] Division 2 — Functions and powers 13. Introduction to Commission's role The Commission is the State's leading body for land use planning and, as such, must perform its functions having regard to the following — (a) the need to provide leadership to local governments, public authorities and other persons or bodies in relation to their roles in land use planning; (b) the need to promote the following — (i) an efficient and effective land use planning system in the State; (ii) the integrated and sustainable development of land in the State; (c) the need to act expertly; (d) the need to act impartially, subject to this Act and any other written law; (e) if the Commission makes a decision that affects a local government, public authority or other person or body — the need to ensure that the Commission's reasons for the decision are available to the local government, public authority or other person or body. [Section 13 inserted: No. 34 of 2023 s. 39.] 14. Functions The Commission's functions are as follows — (a) to advise the Minister in relation to the coordination and promotion of planning for integrated and sustainable development in the State; (b) to advise and assist the Minister in relation to the administration, revision and reform of legislation relating to development and planning for development; (c) to prepare and maintain the following as a basis for coordinating and promoting planning for integrated and sustainable development in the State and to provide guidance for public authorities and local governments on those matters — (i) a planning strategy for the State to be approved by the Minister; (ii) planning strategies for the parts of the State to which region planning schemes apply; (iii) other planning strategies as agreed between the Minister and the Commission; (iv) State planning policies under Part 3; (v) planning codes under Part 3A; (vi) other documents, including plans, policies, guidance and operational documents; (d) to plan for the coordinated provision of transport and infrastructure to support development; (e) to undertake research, and to prepare planning methods and models, relating to the following — (i) integrated and sustainable development; (ii) planning for such development; (iii) other matters relating to such development; (f) to provide advice and assistance to local governments and other persons or bodies in relation to development and planning for development, including advice and assistance in relation to the following — (i) planning schemes; (ii) functions that are under planning schemes or that otherwise relate to development and planning for development, including functions that relate to referring, consulting on or advertising applications for approval of development or instruments made under this Act or planning schemes; (g) to prepare, maintain and administer region planning schemes under Part 4; (h) to prepare, maintain and administer interim development orders under Part 6; (i) to declare planning control areas and administer those areas under Part 7; (j) to prepare, maintain and administer improvement plans and improvement schemes under Part 8; (k) to prepare, maintain and administer the Swan Valley Planning Scheme under the Swan Valley Planning Act 2020; (l) to provide advice and assistance to the Minister in relation to the matters referred to in paragraphs (g) to (k); (m) to provide advice and assistance to the Minister in relation to local planning schemes, and amendments to those schemes, made or proposed under Part 5; (n) to acquire land for the purpose of implementing region planning schemes, improvement schemes and the Swan Valley Planning Scheme; (o) to develop, maintain and manage land held by the Commission for the purpose of implementing a region planning scheme, an improvement scheme or the Swan Valley Planning Scheme, including carrying out works and providing facilities on the land that are — (i) incidental to the development, maintenance or management of the land; or (ii) conducive to the use of the land for any purpose for which the land is reserved; (p) to deal with matters relating to subdivisions of land under Part 10; (q) to deal with development applications under Parts 11B and 17; (r) to do all things that are necessary for the purpose of carrying out this Act, region planning schemes, improvement schemes and the Swan Valley Planning Scheme; (s) any other functions conferred on the Commission under this Act, the Swan Valley Planning Act 2020 or any other written law. [Section 14 inserted: No. 34 of 2023 s. 39.] 15. Powers (1) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting subsection (1), the Commission may, for the purpose of performing a function — (a) subject to this Act, acquire, hold and dispose of real and personal property; and (b) enter into an agreement with any person under which that person may acquire a lease of, a licence in respect of, or any other estate or interest in, any land mentioned in section 14(o); and (c) develop and turn to account any technology, software or other intellectual property that relates to the function, and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and (d) enter into a contract or arrangement with a person or body (including a local government or a department of the Public Service, or other agency or instrumentality, in the State or elsewhere) — (i) for the supply of equipment by that person or body; or (ii) to provide consultancy or advisory services to that person or body; or (iii) for the commercial exploitation of the knowledge, expertise and resources of the Commission and the rights referred to in paragraph (c); and (e) subject to subsection (3), enter into a contract or arrangement with a person or body (including a local government or a department of the Public Service, or other agency or instrumentality, in the State or elsewhere) for the performance by that person or body of any work or the supply of services; and (f) on terms and conditions approved by the Minister and the Treasurer, participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and (g) act in conjunction with a person, a firm, a local government or a department of the Public Service, or other agency or instrumentality, of the State, another State or Territory or the Commonwealth. (3) The Commission is not to enter into a contract or arrangement referred to in subsection (2)(e) unless — (a) the Minister has approved; and (b) the contract or arrangement is entered into in such circumstances and for such periods as the Minister may from time to time specify by written notice given to the Commission. (4) For the purposes of subsection (2)(f) the Minister and the Treasurer may approve terms and conditions in respect of a specific business arrangement or class of business arrangement or in respect of business arrangements generally. (5) In this section — business arrangement means a company, a partnership, a trust, a joint venture, an arrangement for sharing profits or an arrangement for sponsorship; participate includes form, promote, establish, enter into, manage, dissolve, wind up, and do anything incidental to the participating in a business arrangement. [Section 15 amended: No. 34 of 2023 s. 40.] 16. Delegation by Commission (1) The Commission may, by resolution, delegate to a person or body referred to in subsection (3) any function of the Commission under this Act or any other written law, except this power of delegation. (2) A delegation under subsection (1) takes effect on the day after the day on which the resolution is made or on a later day specified in the resolution. (2A) The Commission must publish a copy of a resolution under subsection (1) on a website maintained by, or on behalf of, the Commission (but a failure to do this does not invalidate the delegation). (3) A delegation under subsection (1) may be made to — (a) a member; or (b) a committee established under Schedule 2, or a member of such a committee; or (c) an officer of the Commission; or (d) a public authority or a member or officer of a public authority; or (e) a local government, a committee established under the Local Government Act 1995 or an employee of a local government. (4) The reference to functions in subsection (1) extends, without limitation or restriction, to all of the powers, privileges, authorities, discretions, duties and responsibilities vested in or imposed on the Commission by this Act or any other written law. (5) Without limiting the generality of subsection (1), a delegation may be expressed as a delegation of every function of the Commission within a specified class (subject to any specified exceptions). (6) Except as provided in subsection (7A), a delegate must not further delegate any function. (7A) If the Commission delegates a function of the Commission to the Metropolitan Redevelopment Authority established under the Metropolitan Redevelopment Authority Act 2011, the Authority may subdelegate the exercise or performance of the function to any land redevelopment committee established under that Act. (7B) A subdelegation under subsection (7A) takes effect on the day after the day on which the subdelegation is made or on a later day specified in the terms of the subdelegation. (7BA) The Metropolitan Redevelopment Authority must publish a copy of the terms of a subdelegation under subsection (7A) on a website maintained by, or on behalf of, the Authority (but a failure to do this does not invalidate the subdelegation). (7C) Subsections (4), (5) and (7) and the Interpretation Act 1984 sections 58 and 59 apply to a subdelegation of a function under this section in the same way as they apply to a delegation of a function. (7D) A subdelegate must not further delegate any function subdelegated under subsection (7A). (7) A delegate exercising or performing a function as authorised under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (8) Nothing in this section limits the ability of the Commission to act through an officer or agent. (9) This section does not apply to the execution of documents but authority to execute documents on behalf of the Commission can be given under section 24. (10) This section does not affect the operation of section 171B. [Section 16 amended: No. 28 of 2010 s. 42; No. 45 of 2011 s. 141(2) and (3); No. 34 of 2023 s. 41.] 17. Minister may give Commission directions (1) The Minister may give written directions to the Commission with respect to the exercise or performance of its functions, either generally or in relation to a particular matter, and the Commission is to give effect to any such direction. (1A) However, the Minister cannot give a direction under subsection (1) in relation to the following — (a) a particular application made to, or to be determined by, the Commission under any of the following — (i) a planning scheme; (ii) Part 10, 11B or 17; (iii) another provision of this Act; (iv) another written law; (b) a particular development or a particular proposed development, including any approval of a particular development or a particular proposed development. (2) The Minister is to cause the text of any direction given under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given. (3) If — (a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. (4) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (5) The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. (6) The text of any direction given under subsection (1) is to be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006. (7) Nothing in this section applies to a direction of the Minister given under section 26(1), 32A(1), 51(1), 51(2), 52(2), 62A(1), 63(1) or 67(1). [Section 17 amended: No. 77 of 2006 Sch. 1 cl. 127(2); No. 26 of 2020 s. 21 and 61; No. 34 of 2023 s. 42.] 18. Minister to have access to information (1) The Minister is entitled — (a) to have information in the possession of the Commission; and (b) if the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Commission to give information to the Minister; and (b) request the Commission to give the Minister access to information; and (c) for the purposes of paragraph (b) make use of the staff of the Commission to obtain the information and give it to the Minister. (3) The Commission has to comply with a request under subsection (2) and make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Commission. 19. Committees of Commission (1) Schedule 2 has effect in relation to committees of the Commission. (2) A member of a committee of the Commission must be paid the remuneration and allowances determined by the Minister on the recommendation of the Public Sector Commissioner. (3) Regulations may make provision in relation to committees of the Commission. (4) Without limiting subsection (3), regulations made for the purposes of that subsection may make provision in relation to any of the following — (a) the constitution and membership of committees; (b) the establishment of subcommittees; (c) the functions and procedures of committees; (d) the discharge, alteration or reconstituting of committees; (e) the Commission's functions in relation to committees. (5) Regulations made for the purposes of subsection (3) may do the following — (a) limit the Commission's powers under Schedule 2 or otherwise regulate the exercise of those powers; (b) limit a committee's power under Schedule 2 clause 1(6) or otherwise regulate the exercise of that power. (6) Regulations made for the purposes of subsection (3) may supplement, but not override or otherwise limit, any requirements of — (a) Schedule 2 clauses 3 and 4; or (b) the Swan Valley Planning Act 2020 Part 4. [Section 19 inserted: No. 34 of 2023 s. 43.] 20. Fees for Commission's services (1) The Minister may by notice published in accordance with the Interpretation Act 1984 section 41(1)(a) set fees to be charged in respect of anything done under this Act or the Swan Valley Planning Act 2020 and services provided by the Commission in connection with its functions. (2) Fees set under subsection (1) are payable by the person at whose request or on whose application the act is done. [Section 20 amended: No. 45 of 2020 s. 61; No. 34 of 2023 s. 9.] Division 3 — Administration 21. Secretary (1) The Commission may appoint a person to the office of Secretary to the Commission. (2) The office of Secretary to the Commission may be held under a contract entered into with the Commission or under Part 3 of the Public Sector Management Act 1994. 22. Staff Public service officers are to be appointed or made available under Part 3 of the Public Sector Management Act 1994 to enable the Commission and its committees to perform their respective functions. 23. Use of staff and facilities of public authorities (1) The Commission may, by arrangement made between it and the relevant employer, make use, either full‑time or part‑time, of the services of any officer or employee employed — (a) in the Public Service; or (b) in a State agency; or (c) otherwise in the service of the State. (2) The Commission may by arrangement with — (a) a department of the Public Service; or (b) a State agency, make use of any facilities of the department or agency. (3) An arrangement under subsection (1) or (2) is to be made on terms agreed to by the parties. Division 4 — Miscellaneous 24. Execution of documents (1) The Commission is to have a common seal. (2) A document is duly executed by the Commission if — (a) the common seal of the Commission is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Commission by a person or persons authorised to do so under subsection (5). (3) The common seal of the Commission is not to be affixed to any document except as authorised by the Commission. (4) The common seal of the Commission is to be affixed to a document in the presence of the chairperson and another member, or the chairperson and an officer of the Commission authorised by the Commission either generally or in any particular case to be so present, and each of them is to sign the document to attest that the common seal was so affixed. (5) The Commission may, by writing under its common seal, authorise a member or members or an officer or officers of the Commission to sign documents on behalf of the Commission, either generally or subject to such conditions or restrictions as are specified in the authorisation. (6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (7) A document executed by a person under this section without the common seal of the Commission is not to be regarded as a deed unless the person executes it as a deed and is authorised under subsection (5) to do so. (8) When a document is produced bearing a seal purporting to be the common seal of the Commission, it is to be presumed that the seal is the common seal of the Commission until the contrary is shown. Part 3 — State planning policies 25. Statements of planning policy under repealed Act, effect of Any statement of planning policy in force under the Town Planning and Development Act 1928 immediately before this section comes into operation — (a) continues in force as a State planning policy under this Act; and (b) has effect accordingly. 26. Preparation and content of State planning policy (1) The Commission may, with the agreement or on the direction of the Minister, prepare State planning policies. (2) A State planning policy is to be directed primarily towards broad general planning and facilitating the coordination of planning throughout the State by local governments and public authorities. (3) Despite subsection (2), a State planning policy may make provision for any matter which may be the subject of a local planning scheme. (4) A State planning policy may be prepared so as to apply — (a) generally or in a particular class of matter or in particular classes of matter; and (b) throughout the State or in a specified portion or specified portions of the State, whether or not a