Perry Lakes Redevelopment Act 2005 (WA)

Western Australia Perry Lakes Redevelopment Act 2005 Western Australia Perry Lakes Redevelopment Act 2005 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Governor may fix certain dates 4 5. Crown bound 5 Part 2 — Resumption and return of certain lands 6. Certain land resumed 6 7. No compensation payable for Perry Lakes land 7 8. Compensation for part of the AK Reserve land 7 9. Return of part of Perry Lakes land 9 Part 3 — Redeveloping the redevelopment area Division 1 — Preliminary 10. Interpretation for the purposes of the EP Act 10 Division 2 — General 11. Perry Lakes land 11 12. AK Reserve Minister's functions 12 13. Compliance with written laws 14 Division 3 — Operation of planning and other laws affected 14. Certain planning schemes cease to apply 14 15. Certain planning schemes affecting redevelopment area not to operate until completion day 15 16. Certain local laws suspended 16 17. Operation of other laws may be suspended 17 Division 4 — Redevelopment plans 18. Time for complying with this Division 17 19. Draft redevelopment plans to be prepared 17 20. Draft redevelopment plan to be submitted to local government for comment 18 21. Draft redevelopment plan to be submitted to EPA 18 22. Draft redevelopment plan to be submitted to WAPC 19 23. WAPC's functions as to draft redevelopment plan 20 24. Public notification of draft redevelopment plan 20 25. Public submissions on draft redevelopment plan 21 26. Draft redevelopment plan to be submitted to Planning Minister 21 27. Planning Minister's functions as to draft redevelopment plans 22 28. Planning Minister's approval to be gazetted 25 29. Redevelopment plan may be amended 25 Division 5 — Development control 30. Planning and Development Act 2005 s. 135 or 136, operation of 26 31. Undertaking unauthorised developments an offence 26 32. Application for development approval 27 33. WAPC to notify certain people of applications 27 34. WAPC's functions as to applications 27 35. Review of WAPC's decision by SAT 29 36. Building laws, operation of 29 Division 6 — Unauthorised developments 37. Term used in this Division 31 38. Unauthorised developments, WAPC's powers as to 31 Division 7 — Miscellaneous 39. Planning Minister's powers to ensure environmental conditions are met 32 40. Annual reports about redevelopment 34 Part 4 — Financial provisions 41. Perry Lakes Trust Account established 35 42. Amounts to be credited to the Account 35 43. Amounts to be charged to the Account 36 44. Power to borrow 37 45. Treasurer may make advances to the Account 38 46. Payments to Town of Cambridge 38 47. Notice that no costs or expenses are chargeable to Account 38 48. Closure of Account 39 Part 5 — Miscellaneous 49. Delegation 40 51. Regulations 40 52. Review of Act 40 Schedule 1 — Resumed land Schedule 2 — Lot 713 on Deposited Plan 48234 Notes Compilation table 44 Other notes 44 Defined terms Western Australia Perry Lakes Redevelopment Act 2005 An Act to provide for the resumption and redevelopment of certain land at Perry Lakes, and for related purposes. Part 1 — Preliminary 1. Short title This is the Perry Lakes Redevelopment Act 2005. 2. Commencement (1) Subject to this section, this Act comes into operation on the day on which it receives the Royal Assent. (2) Part 3 comes into operation on resumption day. (3) Section 53 comes into operation immediately after the Planning and Development Act 2005 comes into operation. 3. Terms used in this Act (1) In this Act, unless the contrary intention appears — Account means the Perry Lakes Trust Account established under section 41; AK redevelopment area means the area of land comprised of — (a) the AK Reserve land; and (b) any land that is declared to be part of the AK redevelopment area by the regulations, but not including any part of such land that is declared not to be part of the redevelopment area by the regulations, and in any event not including — (c) the Perry Lakes land; or (d) any part of Lot 25 on Deposited Plan 25810, being the land in Certificate of Title Volume 2586 Folio 279, other than the part of that lot referred to in section 6(2)(c); AK Reserve land means the land being Lot 713 on Deposited Plan 48234 as created under section 6(6); AK Reserve Minister means the Minister of the Crown to whom the Governor has for the time being committed the administration of the Western Australian Sports Centre Trust Act 1986; approved redevelopment plan means a redevelopment plan in operation under section 28(2) as amended under section 29; Avenues land means the land being that part of Lot 25 on Deposited Plan 25810 as is described as Stephenson and Underwood Avenues on Deposited Plan 48234 and being part of the land in Certificate of Title Volume 2586 Folio 279; completion day means a day fixed under section 4(2); development has the meaning given to that term by the Planning and Development Act 2005 section 4(1), but does not include any work, act or activity declared by regulations made under this Act not to constitute development; development approval means a development approval issued by the WAPC under Part 3 Division 5; district has the meaning given to that term by the Local Government Act 1995 section 1.4; Environment Minister means the Minister of the Crown to whom the Governor has for the time being committed the administration 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; interest, in land, has the meaning given to that term by the Land Administration Act 1997 section 151; local planning scheme has the meaning given to that term by the Planning and Development Act 2005 section 4(1); Metropolitan Region Scheme has the meaning given to that term by the Planning and Development Act 2005 section 4(1); Perry Lakes land means the land being Lot 712 on Diagram 90077 and being the whole of the land in Certificate of Title Volume 2138 Folio 21; Planning Minister means the Minister of the Crown to whom the Governor has for the time being committed the administration of the Planning and Development Act 2005; redevelopment area means the area of land comprised of — (a) the Perry Lakes land; and (b) the AK redevelopment area; redevelopment period means the period beginning on resumption day and ending immediately before completion day; responsible agency — (a) for the AK redevelopment area, means the AK Reserve Minister; (b) for the Perry Lakes land, means the WALA; resumed land means the land transferred under section 6(2) or revested under section 6(3), an indicative plan of which is in Schedule 1; resumption day means a day fixed under section 4(1); WALA means the Western Australian Land Authority established by the Western Australian Land Authority Act 1992 section 5; WAPC means the Western Australian Planning Commission established by the Planning and Development Act 2005 section 7(1). (2) Certificates of Title, Deposited Plans or Diagrams referred to in this Act are those held by the department of the Public Service that principally assists in the administration of the Transfer of Land Act 1893 1. [Section 3 amended: No. 43 of 2005 s. 53(2); No. 77 of 2006 s. 4 and 17.] 4. Governor may fix certain dates (1) On the recommendation of the Planning Minister, the Governor, by a proclamation published in the Gazette, may fix a day as resumption day. (2) On the recommendation of the Planning Minister, the Governor, by a proclamation published in the Gazette, may fix a day as completion day. (3) The Planning Minister must not make a recommendation under subsection (2) unless — (a) satisfied — (i) that the Metropolitan Region Scheme, in so far as it will apply to the redevelopment area on completion day; and (ii) that any local planning scheme, in so far as it will apply to the redevelopment area on completion day, does not — (iii) prevent any development that would be permitted; or (iv) allow any development that would not be permitted, in the redevelopment area immediately before completion day under an approved redevelopment plan for the area; (b) the total of — (i) the value, determined by the Valuer General, of any land transferred under section 9(1); (ii) the value, determined by the Valuer General, of any land that will be transferred under section 9(2); (iii) any funds paid under section 46; and (iv) any funds that will be paid under section 48, will be at least $50 million; and (c) the Planning Minister has published a notice under section 47. [Section 4 amended: No. 43 of 2005 s. 53(3).] 5. Crown bound This Act binds the Crown. Part 2 — Resumption and return of certain lands 6. Certain land resumed (1) In this section — registered means registered under the Transfer of Land Act 1893. (2) On resumption day the estate in fee simple of — (a) the Perry Lakes land; (b) Lot 711 on Diagram 90080 and being the whole of the land in Certificate of Title Volume 2138 Folio 28; (c) that part of Lot 25 on Deposited Plan 25810 and being part of the land in Certificate of Title Volume 2586 Folio 279 to be included in Lot 713 on Deposited Plan 48234; and (d) portion of road shown as Lot 2 on Deposited Plan 48234, is transferred to and subject to this Act, is to be held by, the Crown in right of the State. (3) On resumption day — (a) the absolute property in the Avenues land is revested in the Crown and removed from the operation of the Transfer of Land Act 1893; (b) the land comprising the Avenues land is dedicated as a road; and (c) the Land Administration Act 1997 applies as if that land had been dedicated as a road under that Act. (4) On resumption day every registered and unregistered interest in the resumed land that existed immediately before that day is extinguished, other than the easement 24512/1966 to the Metropolitan Water Supply Sewerage and Drainage Board registered against the Perry Lakes land. (5) The Registrar of Titles must do all things necessary under the Transfer of Land Act 1893 to record in the register kept under that Act the matters effected by this section. (6) Without limiting subsection (5), the Registrar of Titles may do all things necessary to create Lot 713 on Deposited Plan 48234 (as depicted in Schedule 2) including (but not limited to) closing the portion of road shown as Lot 2 on Deposited Plan 48234 and amalgamating that portion with Lot 711 on Diagram 90080. (7) Despite the Transfer of Land (Surveys) Regulations 1995 regulation 5(1), Deposited Plan 48234 need not show that part of Lot 25 on Deposited Plan 25810, being part of the land in Certificate of Title Volume 2586 Folio 279, that is not transferred under subsection (2). (8) Any matter that is required to be done or that may be done under this section is exempt from fees under the Transfer of Land Act 1893. 7. No compensation payable for Perry Lakes land (1) A person who holds an interest extinguished by section 6(4) in respect of the Perry Lakes land is not entitled to claim or receive any compensation for the extinguishment. (2) The Land Administration Act 1997 Parts 9 and 10 do not apply to or in relation to the compulsory acquisition of the Perry Lakes land effected by section 6. (3) The State is not liable to indemnify any person for any expenses incurred before resumption day in relation to the Perry Lakes land. 8. Compensation for part of the AK Reserve land (1) Within 6 months after resumption day the State must pay the Town of Cambridge $1 700 000 as compensation for the extinguishment by section 6(4) of its interest in the land being — (a) Lot 711 on Diagram 90080 and being the whole of the land in Certificate of Title Volume 2138 Folio 28; and (b) that part of Lot 25 on Deposited Plan 25810 and being part of the land in Certificate of Title Volume 2586 Folio 279 included in Lot 713 on Deposited Plan 48234. (2) The sum to be paid under subsection (1) must be charged to the Consolidated Account which is appropriated accordingly by this section. (3) Except as provided by subsection (1), a person who holds an interest extinguished by section 6(4) in respect of the land being — (a) Lot 711 on Diagram 90080 and being the whole of the land in Certificate of Title Volume 2138 Folio 28; (b) that part of Lot 25 on Deposited Plan 25810 and being part of the land in Certificate of Title Volume 2586 Folio 279 included in Lot 713 on Deposited Plan 48234; and (c) portion of road shown as Lot 2 on Deposited Plan 48234, is not entitled to claim or receive any compensation for the extinguishment. (4) The Land Administration Act 1997 Parts 9 and 10 do not apply to or in relation to the compulsory acquisition of the land referred to in subsection (3) effected by section 6. (5) The State is not liable to indemnify any person for any expenses incurred before resumption day in relation to the land referred to in subsection (3). [Section 8 amended: No. 77 of 2006 s. 4.] 9. Return of part of Perry Lakes land (1) At any time before completion day the State may transfer to the Town of Cambridge any estate in fee simple that the State then holds in any part of the Perry Lakes land. (2) On a day that is not later than 6 months after completion day the State must transfer to the Town of Cambridge any estate in fee simple that the State holds on the date of the transfer in any of the Perry Lakes land. (3) Any transfer that may or must be made under this section is exempt from fees under the Transfer of Land Act 1893 and from duty under the Duties Act 2008. [Section 9 amended: No. 12 of 2008 s. 52.] Part 3 — Redeveloping the redevelopment area Division 1 — Preliminary 10. Interpretation for the purposes of the EP Act (1) For the purposes of the EP Act — (a) this Act is a "scheme Act"; (b) a draft redevelopment plan, or a draft amendment to an approved redevelopment plan, prepared under Division 4 is a "scheme"; (c) the WALA is the "responsible authority" in relation to such a scheme relating to the Perry Lakes land; (d) the AK Reserve Minister is the "responsible authority" in relation to such a scheme relating to the AK redevelopment area; (e) the Planning Minister is the "responsible Minister" in relation to such a scheme relating to either the Perry Lakes land or the AK redevelopment area; (f) the period set and notified under section 24 is the "period of public review" in relation to such a scheme relating to either the Perry Lakes land or the AK redevelopment area; and (g) any approval given under section 27 is a "final approval" in relation to such a scheme relating to either the Perry Lakes land or the AK redevelopment area, and the EP Act operates accordingly. (2) For the purposes of the EP Act section 48C(6), the procedure referred to in sections 24 and 25 of this Act is a procedure of the public review of a scheme. Division 2 — General 11. Perry Lakes land (1) The WALA may do all things necessary to plan, undertake, promote and coordinate the redevelopment of the Perry Lakes land. (2) The WALA may exercise any of its powers under the Western Australian Land Authority Act 1992 for the purpose of performing its functions under subsection (1). (3) Without limiting subsections (1) and (2) the WALA may do any or all of the following — (a) hold, deal with, exchange or dispose of the Perry Lakes land or any part of it; (b) on behalf of the Crown in the right of the State, sign any document in connection with dealing with, exchanging or disposing of the Perry Lakes land or any part of it; (c) subdivide, amalgamate, improve, develop and alter the Perry Lakes land or any part of it; (d) enter into any contract or arrangement with any person, including a public authority or a local government, for the performance by the person of any work or the supply of equipment or services. (4) The WALA must perform its functions under this section in accordance with the approved redevelopment plan for the Perry Lakes land. (5) Nothing in this Act prevents the subdivision and sale of the whole or any part of the Perry Lakes land. (6) The WALA must not perform functions under this section after completion day. 12. AK Reserve Minister's functions (1) The AK Reserve Minister, acting on behalf of, and in the name of, the State, must ensure that the following sporting facilities are constructed — (a) facilities for athletics that will serve the people of the whole State; (b) facilities for basketball of such a size and standard as are determined by the Minister; (c) facilities for rugby of such a size and standard as are determined by the Minister. (2) The sporting facilities must be constructed wholly or partly on the AK Reserve land or on land in the AK redevelopment area or on land outside the AK redevelopment area, as the Minister decides, but not on the Perry Lakes land. (3) In complying with subsection (1), the AK Reserve Minister must have regard to these principles — (a) the consumption of non‑renewable resources in the construction and operation of the facilities should be minimised; (b) the use of recycled and recyclable materials in the construction of the facilities should be maximised; (c) the use of hazardous materials or substances in the construction and operation of the facilities should be minimised; (d) the use of natural ventilation and natural light by the facilities should be maximised; (e) the noise and light emitted from the constructed facilities should be minimised; (f) the facilities should where possible incorporate passive solar design principles and be designed with regard to the local climate; (g) the consumption by the facilities of energy generated from non‑renewable resources should be minimised by measures such as using appliances, plant and equipment that minimise energy consumption; (h) the consumption by the facilities of water from the public water supply system and from underground should be minimised by measures such as reusing grey water, capturing rain water, and using appliances and landscaping with plants that minimise water consumption; (i) the amount of material, resulting from the construction of the facilities, that is disposed of in landfill sites should be minimised; (j) the infrastructure shared by the facilities with one another should be maximised; (k) the facilities should be designed in accordance with the sustainability initiatives in clause B.4.1 of the Tender shell for the modified qualification based selection process, version dated 9 March 2005, published by the Department of Housing and Works. (4) The AK Reserve land must not be developed for a purpose that is inconsistent with the purpose for which it was reserved under the Metropolitan Region Scheme immediately before the coming into operation of this section. (5) The AK Reserve Minister, acting on behalf of and in the name of the State, may do all things necessary for the purposes of subsection (1). (6) Without limiting subsection (5) the AK Reserve Minister, acting on behalf of and in the name of the State, may do any or all of the following — (a) hold, deal with, exchange or dispose of the AK Reserve land or any part of it; (b) sign any document in connection with dealing with, exchanging or disposing of the AK Reserve land or any part of it; (c) carry out any investigation, survey, exploration or feasibility study; (d) enter into any contract or arrangement with any person, including a public authority or a local government, for the performance by the person of any work or the supply of equipment or services; (e) apply for the grant of any licence or other authority required for the purposes of this Act. (7) The AK Reserve Minister must comply with the approved redevelopment plan for the AK redevelopment area. (8) Nothing in this Act prevents all or part of the AK Reserve land from being the subject of an order made under the Land Administration Act 1997 section 82. (9) The AK Reserve Minister must not perform functions under this section after completion day. 13. Compliance with written laws Nothing in this Division is to be read as conferring on the WALA or the AK Reserve Minister in the performance of their functions any immunity from the operation of any written law. Division 3 — Operation of planning and other laws affected 14. Certain planning schemes cease to apply (1) In this section — planning scheme means — (a) the Metropolitan Region Scheme; or (b) a local planning scheme. (2) On resumption day, any planning scheme that applies to the redevelopment area immediately before that day, ceases to apply to that area and to any development of that area commenced on or after that day. (3) If, after resumption day, any land is declared by the regulations to be part of the AK redevelopment area, any planning scheme that applies to that land immediately before the declaration ceases to apply to that land and to any development of that land commenced on or after that time. (4) The Interpretation Act 1984 section 37 applies in respect of subsections (2) and (3) as if a planning scheme were an enactment and the subsections repealed the scheme. (5) Subsections (2) and (3) do not affect the operation of section 15. (6) If, after resumption day, any land is declared by the regulations not to be part of the AK redevelopment area, a planning scheme that, but for subsection (2) or (3), would apply to the land, applies to the land. [Section 14 amended: No. 43 of 2005 s. 53(4).] 15. Certain planning schemes affecting redevelopment area not to operate until completion day (1) Any amendment made to the Metropolitan Region Scheme after resumption day and before completion day, in so far as it applies to the redevelopment area, has no effect until completion day. (2) A local planning scheme, or an amendment to such a scheme, made after resumption day and before completion day, in so far as it applies to the redevelopment area, has no effect until completion day. (3) Subject to subsections (1) and (2), this Act does not prevent an amendment referred to in subsection (1) or (2), or a local planning scheme referred to in subsection (2), being made after resumption day and before completion day so as to commence on completion day. [Section 15 amended: No. 43 of 2005 s. 53(5) and (6).] 16. Certain local laws suspended (1) In this section — building local laws means any of the following — (a) local laws made under the Local Government (Miscellaneous Provisions) Act 1960 section 433 (deleted by the Building Act 2011 section 153(2)); (b) local laws made under the Local Government Act 1995 about matters mentioned in section 3.5(4A) of that Act. (2) On resumption day any building local laws made by the local government of a district in which the redevelopment area is situated cease to apply to the redevelopment area. (3) If, after resumption day, any land is declared by the regulations to be part of the AK redevelopment area, any building local laws made by the local government of a district in which the land is situated cease to apply to the land. (4) The Interpretation Act 1984 section 37 applies in respect of subsections (2) and (3) as if they repealed the building local laws. (5) If, after resumption day, any land is declared by the regulations not to be part of the AK redevelopment area, any building local laws made by the local government of a district in which the land is situated that, but for subsection (2) or (3), would apply to the land, apply to that land. (6) On completion day any building local laws made by the local government of a district in which the redevelopment area is situated that, but for subsection (2) or (3), would apply to the area, apply to the area. [Section 16 amended: No. 24 of 2011 s. 167.] 17. Operation of other laws may be suspended The Planning and Development Act 2005 section 132, with any necessary changes, applies for the purpose of carrying out an approved redevelopment plan as if a reference in that section — (a) to an Act were a reference to a written law; (b) to an approved scheme were a reference to that approved redevelopment plan; and (c) to the responsible authority were a reference to — (i) in the case of the Perry Lakes land, the WALA; (ii) in the case of the AK redevelopment area, the AK Reserve Minister. [Section 17 amended: No. 43 of 2005 s. 53(7).] Division 4 — Redevelopment plans 18. Time for complying with this Division Subject to sections 19 to 28, the actions required under those sections must be done as soon as practicable after resumption day. 19. Draft redevelopment plans to be prepared (1) The WALA must prepare a draft redevelopment plan for the Perry Lakes land. (2) The AK Reserve Minister must prepare a draft redevelopment plan for the AK redevelopment area. (3) In preparing a draft redevelopment plan, the responsible agency concerned must — (a) make reasonable endeavours to consult such public authorities and persons as appear to the agency would be likely to be affected by the plan if it were approved; and (b) include in the plan any provision that the agency considers will promote the orderly and proper planning, development and management of the land concerned. (4) A draft redevelopment plan may include any provision that may be made by a local planning scheme under the Planning and Development Act 2005. (5) The draft redevelopment plan for the Perry Lakes land must include the provisions required by section 27(3). (6) The draft redevelopment plan for the AK redevelopment area must include the provisions required by section 27(4). [Section 19 amended: No. 43 of 2005 s. 53(8).] 20. Draft redevelopment plan to be submitted to local government for comment A responsible agency that prepares a draft redevelopment plan under section 19 must submit it for comment to the local government in whose district the land concerned is situated. 21. Draft redevelopment plan to be submitted to EPA (1) A responsible agency that prepares a draft redevelopment plan under section 19 must submit it to the EPA together with such written information about it as is sufficient to enable the EPA to comply with EP Act section 48A in relation to it. (2) If, under the EP Act section 48A(1)(b)(i), the EPA informs the responsible agency that the draft should be assessed by the EPA under the EP Act Part IV Division 3, the agency must — (a) within 7 days after the last day on which submissions may be made to the agency under section 25, send the EPA a copy of each submission made under section 25 that relates wholly or in part to any environmental issue raised by the draft; and (b) within 42 days after that last day, advise the EPA of the agency'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 responsible agency to undertake an environmental review of the draft, the agency must, if it wants to proceed with the draft, undertake the review in accordance with the instructions issued under that section. 22. Draft redevelopment plan to be submitted to WAPC (1) A responsible agency that prepares a draft redevelopment plan under section 19 must submit it to the WAPC. (2) The draft must not be submitted to the WAPC before — (a) 35 days have elapsed since the day on which it was submitted to the local government under section 20; (b) the agency has sent any environmental review required by section 21(3) to the EPA; and (c) either — (i) the EPA has advised the agency that the review has been undertaken in accordance with the instructions issued under the EP Act section 48C(1)(a); or (ii) 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 first occurs. (3) The draft must be submitted to the WAPC together with any comments received from the local government to which it was submitted under section 20. (4) If the EPA advises the responsible agency that the review has not been undertaken in accordance with the instructions issued under the EP Act section 48C(1)(a), the agency may — (a) 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 section 21(3). (5) If under subsection (4)(a) the agency 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; and (b) if they cannot so agree, the EP Act section 48J applies. 23. WAPC's functions as to draft redevelopment plan (1) Having considered a draft redevelopment plan submitted to it under section 22 by a responsible agency, the WAPC may — (a) consent or refuse to consent to the public notification of the draft; or (b) consent to such public notification subject to the draft being amended as directed by the WAPC. (2) If under subsection (1) the WAPC refuses to consent to the public notification of a draft redevelopment plan, the WAPC must give the agency directions as to the preparation and submission to the WAPC of a further draft redevelopment plan. (3) A responsible agency must comply with any direction given under subsection (1) or (2). 24. Public notification of draft redevelopment plan (1) If under section 23(1), the WAPC consents to the public notification of a draft redevelopment plan, the responsible agency that prepared the draft must publish a notice stating — (a) where and when a copy of the draft can be inspected and where and when such a copy can be obtained; (b) the effect of section 25; and (c) 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 in the local government district in which the redevelopment area is situated. (3) The period within which submissions about the draft can be made must be set by the responsible agency, but 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 plan. 25. Public submissions on draft redevelopment plan (1) Any person may send the responsible agency that prepared a draft redevelopment plan, notice of which has been published in the Gazette under section 24, a written submission about the draft. (2) Any such submission must be received by the office of the responsible agency within the period stated in that notice. 26. Draft redevelopment plan to be submitted to Planning Minister (1) After section 24 has been complied with and the period within which submissions about a draft redevelopment plan can be made has elapsed, the responsible agency that prepared the draft must submit it to the WAPC. (2) The draft may include amendments that take account of any comments received from the local government concerned and any submission received under section 25. (3) The draft must be submitted to the WAPC together with a summary, and a report by the responsible agency on the merits, of all submissions received under section 25. (4) After considering the draft and the material submitted under subsection (3), the WAPC must submit the draft to the Planning Minister with a report about it and a recommendation to that Minister that he or she — (a) approve it; (b) refuse to approve it; or (c) approve it subject to amendments being made to it, as recommended by the WAPC. 27. Planning Minister's functions as to draft redevelopment plans (1) After considering a draft redevelopment plan, and the report and recommendation about it, submitted to him or her under section 26, the Planning Minister must — (a) approve it; (b) refuse to approve it; or (c) approve it subject to amendments being made to it, as directed by the Planning Minister. (2) The Planning Minister must not act under subsection (1) — (a) until — (i) under the EP Act section 48A(1)(a), the EPA has informed the responsible agency that prepared the draft that the EPA considers that the draft should not be assessed by the EPA under the EP Act Part IV Division 3; (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 responsible agency that prepared the draft; or (iii) the Planning Minister has received a statement delivered under the EP Act section 48F(2), or a decision has been made under the EP Act section 48J, in respect of the conditions, if any, to which the draft is subject and he or she is satisfied that the conditions, if any, to which the draft is subject