Swan Valley Planning Act 2020 (WA)

Western Australia Swan Valley Planning Act 2020 Western Australia Swan Valley Planning Act 2020 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Swan Valley 1 5. Objects of Act 1 6. Act binds Crown 1 Part 2 — Swan Valley Planning Scheme Division 1 — Nature and effect of scheme 7. Swan Valley Planning Scheme 1 8. Scheme has legislative effect 1 9. Effect of scheme for Planning and Development Act 2005 1 Division 2 — Contents of scheme 10. Contents of scheme 1 11. Scheme may incorporate provisions of other planning instruments 1 12. Planning areas and provisions about subdivision and minimum lot sizes 1 13. Provisions to ensure non‑rural development designed to minimise impacts from rural land uses 1 Division 3 — Making and amending scheme Subdivision 1 — Preliminary 14. Term used: proposed scheme or amendment 1 15. First proposed scheme 1 16. Replacement or amendment of scheme 1 Subdivision 2 — Processes to be followed in preparing proposed scheme or amendment 17. Matters to which Commission must have regard 1 18. Consultation requirements 1 19. Referral to Heritage Council 1 20. Referral to EPA 1 21. Environmental review to be undertaken if required by EPA 1 22. Environmental review to be undertaken by land owner in some circumstances 1 Subdivision 3 — Advertising proposed scheme or amendment 23. Advertising proposed scheme or amendment 1 24. Commission's duties if proposed scheme or amendment to be assessed under Environmental Protection Act 1986 1 Subdivision 4 — Approving and publicising scheme or amendment 25. Approval of proposed scheme or amendment 1 26. Approval of scheme or amendment referred to EPA 1 27. Publication, advertisement and commencement of approved scheme or amendment 1 Part 3 — Swan Valley Strategic Leadership Group 28. Swan Valley Strategic Leadership Group established 1 29. Functions of Swan Valley Strategic Leadership Group 1 30. Remuneration 1 31. Use of staff and facilities of public authorities 1 32. Regulations about Swan Valley Strategic Leadership Group 1 Part 4 — Swan Valley Statutory Planning Committee 33. Swan Valley Statutory Planning Committee established 1 34. Functions of Swan Valley Statutory Planning Committee 1 35. Subdelegation of functions by Swan Valley Statutory Planning Committee 1 36. General provisions about delegation under s. 34 and 35 1 Part 5 — Miscellaneous 37. Delegation by Minister 1 38. Protection from liability 1 39. Certain references in written laws to include Swan Valley Planning Scheme or things done under scheme 1 40. Application of regulations under Planning and Development Act 2005 1 41. Regulations 1 42. Review of Act 1 Part 6 — Transitional provisions 43. Terms used 1 44. Process for making first Swan Valley Planning Scheme 1 45. Application of Interpretation Act 1984 1 46. Existing lawful or approved development 1 47. Applications for approval not finalised on scheme start day 1 48. State Administrative Tribunal review not finalised on scheme start day 1 49. Transitional regulations 1 Part 7 — Repeals 50. Swan Valley Planning Act 1995 repealed 1 51. Swan Valley Planning Regulations 1995 repealed 1 Part 8 — Amendments to this Act commencing on later of proclamation and commencement of Planning and Development Amendment Act 2020 provisions 52. Act amended 1 53. Section 3 amended 1 54. Section 11 amended 1 55. Section 20 amended 1 Part 9 — Planning and Development Act 2005 amended 56. Act amended 1 57. Section 4 amended 1 58. Section 13 amended 1 59. Section 14 amended 1 60. Section 19 amended 1 61. Section 20 amended 1 62. Section 32C amended 1 63. Section 36 amended 1 64. Section 40 deleted 1 65. Section 47 deleted 1 66. Section 48 amended 1 67. Section 49 amended 1 68. Section 57 amended 1 69. Section 71 amended 1 70. Section 78 deleted 1 71. Section 112 amended 1 72. Section 119 amended 1 73. Section 122B amended 1 74. Section 123 amended 1 75. Section 130 amended 1 76. Section 131 amended 1 77. Section 131A inserted 1 131A. Relationship between Swan Valley Planning Scheme and other planning schemes or policies 1 78. Section 134 amended 1 79. Section 138A inserted 1 138A. Commission's functions when approving subdivision etc. in Swan Valley 1 80. Section 170 amended 1 81. Section 171A amended 1 82. Section 175 amended 1 83. Section 181 amended 1 84. Section 196 amended 1 85. Section 197 amended 1 86. Section 198 amended 1 87. Section 199 amended 1 88. Section 217 amended 1 89. Section 218 amended 1 90. Section 241 amended 1 91. Section 252 amended 1 92. Section 266 amended 1 93. Section 269 amended 1 94. Schedule 2 clause 1 amended 1 95. Schedule 2 clause 2 amended 1 Part 10 — Other Acts amended Division 1 — Control of Vehicles (Off‑road Areas) Act 1978 amended 96. Act amended 1 97. Section 16 amended 1 98. Section 47 amended 1 Division 2 — Electricity Corporations Act 2005 amended 99. Act amended 1 100. Section 60 amended 1 Division 3 — Environmental Protection Act 1986 amended 101. Act amended 1 102. Section 3 amended 1 103. Section 48AAA amended 1 104. Section 48C amended 1 Division 4 — Heritage Act 2018 amended 105. Act amended 1 106. Section 85 amended 1 Division 5 — Jetties Act 1926 amended 107. Act amended 1 108. Section 7 amended 1 Division 6 — Land Tax Assessment Act 2002 amended 109. Act amended 1 110. Section 15 amended 1 111. Glossary amended 1 Division 7 — Local Government Act 1995 amended 112. Act amended 1 113. Section 6.33 amended 1 Division 8 — Marine and Harbours Act 1981 amended 114. Act amended 1 115. Section 12 amended 1 Division 9 — Metropolitan Redevelopment Authority Act 2011 amended 116. Act amended 1 117. Section 3 amended 1 118. Section 30 amended 1 Division 10 — Planning and Development Amendment Act 2020 amended 119. Act amended 1 120. Section 25 deleted 1 121. Section 30 deleted 1 Division 11 — Railway (METRONET) Act 2018 amended 122. Act amended 1 123. Section 5 amended 1 124. Section 6 amended 1 Division 12 — Sale of Land Act 1970 amended 125. Act amended 1 126. Section 16 amended 1 Division 13 — Soil and Land Conservation Act 1945 amended 127. Act amended 1 128. Schedule amended 1 Division 14 — Strata Titles Act 1985 amended 129. Act amended 1 130. Section 223A inserted 1 223A. Application in Swan Valley 1 Division 15 — Swan and Canning Rivers Management Act 2006 amended 131. Act amended 1 132. Section 57 amended 1 133. Section 67 amended 1 134. Section 68 amended 1 135. Section 72 amended 1 136. Section 73 amended 1 137. Section 74 amended 1 138. Section 75 amended 1 139. Section 76 amended 1 140. Section 80 amended 1 141. Section 82 amended 1 142. Section 87 amended 1 Division 16 — Water Agencies (Powers) Act 1984 amended 143. Act amended 1 144. Section 38 amended 1 Division 17 — Water Services Act 2012 amended 145. Act amended 1 146. Section 143 amended 1 147. Section 151 amended 1 Division 18 — Waterways Conservation Act 1976 amended 148. Act amended 1 149. Section 36 amended 1 Schedule 1 — Indicative map of Swan Valley Notes Compilation table 1 Defined terms Western Australia Swan Valley Planning Act 2020 An Act to — * provide for a Swan Valley Planning Scheme that will apply to the Swan Valley for the purposes of the Planning and Development Act 2005; and * provide for the establishment and functions of a Swan Valley Strategic Leadership Group and a Swan Valley Statutory Planning Committee; and * amend the Planning and Development Act 2005 in relation to its application in the Swan Valley; and * repeal the Swan Valley Planning Act 1995; and * make consequential amendments to other Acts, and for related purposes. Part 1 — Preliminary 1. Short title This is the Swan Valley Planning Act 2020. 2. Commencement (1) This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent (assent day); (b) sections 53, 54 and 62 — (i) if the Planning and Development Amendment Act 2020 section 65 comes into operation on or before the day fixed under paragraph (e) — on the day fixed under paragraph (e); or (ii) otherwise — immediately after the day on which the Planning and Development Amendment Act 2020 section 65 comes into operation; (c) sections 55 and 103 — (i) if the Planning and Development Amendment Act 2020 section 56 comes into operation on or before the day fixed under paragraph (e) — on the day fixed under paragraph (e); or (ii) otherwise — immediately after the Planning and Development Amendment Act 2020 section 56 comes into operation; (d) section 84(2) — (i) if the Planning and Development Amendment Act 2020 section 18 comes into operation on or before the day fixed under paragraph (e) — on the day fixed under paragraph (e); or (ii) otherwise — immediately after the Planning and Development Amendment Act 2020 section 18 comes into operation; (e) the rest of the Act — on a day fixed by proclamation. (2) Despite subsection (1), if the Planning and Development Amendment Act 2020 Part 6 Division 1 comes into operation before the day fixed under subsection (1)(e), sections 66 and 67 and Part 10 Division 10 of this Act — (a) do not come into operation; and (b) are deleted on the day fixed under subsection (1)(e). (3) However, if no day is fixed under subsection (1)(e) before the end of the period of 10 years beginning on assent day, this Act is repealed on the day after that period ends. 3. Terms used In this Act — applicable regulations means — (a) if there are relevant local planning scheme regulations, as defined in section 40(1), that deal with a matter in relation to local planning schemes that is substantially similar to the matter referred to in the provision in which the term is used — those relevant local planning scheme regulations as they apply for the purposes of this Act under section 40; or (b) if there are no relevant local planning scheme regulations of the kind referred to in paragraph (a) —regulations made under section 41 for the purposes of the provision in which the term is used; Commission means the Western Australian Planning Commission established by the Planning and Development Act 2005 section 7(1); Department means the department of the Public Service principally assisting in the administration of this Act; development has the meaning given in the Planning and Development Act 2005 section 4(1); EPA means the Environmental Protection Authority continued in existence under the Environmental Protection Act 1986 section 7(1); Heritage Council means the Heritage Council of Western Australia established by the Heritage Act 2018 section 11(1); Herne Hill townsite means the area in the Swan Valley bounded by the Great Northern Highway to the west, McDonald Street to the north, Railway Crescent to the east and Argyle Street to the south; improvement scheme has the meaning given in the Planning and Development Act 2005 section 4(1); land has the meaning given in the Planning and Development Act 2005 section 4(1); local planning scheme has the meaning given in the Planning and Development Act 2005 section 4(1); Metropolitan Region Scheme has the meaning given in the Planning and Development Act 2005 section 4(1); Minister for Heritage means the Minister who administers the Heritage Act 2018; Minister for the Environment means the Minister who administers the Environmental Protection Act 1986; officer of the Commission has the meaning given in the Planning and Development Act 2005 section 4(1); planning code has the meaning given in the Planning and Development Act 2005 section 4(1); public authority has the meaning given in the Planning and Development Act 2005 section 4(1); State planning policy has the meaning given in the Planning and Development Act 2005 section 4(1); State Register of Heritage Places means the register established and maintained under the Heritage Act 2018 section 35(1); Swan Valley has the meaning given in section 4(1); Swan Valley local government means the local government for the local government district that includes the Swan Valley; Swan Valley Planning Scheme means the Swan Valley Planning Scheme in force under Part 2; Swan Valley rural land means land in the Swan Valley that is used, or is suitable to be used, for horticulture or viticulture; Swan Valley Statutory Planning Committee means the committee established under section 33(1); Swan Valley Strategic Leadership Group means the committee established by section 28(1). [Section 3 amended: No. 45 of 2020 s. 53; No. 34 of 2023 s. 53.] 4. Swan Valley (1) For the purposes of this Act, the Swan Valley is the area delineated in black on the plan number 0.0731 entitled "Area of the Swan Valley" held at the office of the Commission and certified by the Minister as the plan prepared for the purposes of this section. (2) The area delineated in black on the map in Schedule 1 is indicative of the area of the Swan Valley. (3) In any proceedings, a plan purporting to be a copy of the plan referred to in subsection (1) showing the boundaries of the Swan Valley is evidence of those boundaries. 5. Objects of Act (1) The objects of this Act are — (a) to protect the Swan Valley as a productive agricultural area within the Perth metropolitan region; and (b) to maintain the rural character and conserve the heritage of the Swan Valley; and (c) to ensure that horticulture, viticulture, hobby farming and equestrian activities remain the principal land uses in the Swan Valley; and (d) to discourage land uses in the Swan Valley that are incompatible with its rural character and the principal land uses referred to in paragraph (c); and (e) to ensure that tourism and hospitality in the Swan Valley are consistent with the objects in paragraphs (a) to (d); and (f) other than in the Herne Hill townsite, to prevent new residential development in the Swan Valley except for single houses on single lots in keeping with the rural character of the Swan Valley; and (g) to avoid overstocking, clearing of natural vegetation, activities causing pollution or degradation of the environment, or any other land management practices detrimental to the Swan Valley; and (h) to protect the natural environment of the Swan Valley, including by reducing nutrient levels in the Swan River; and (i) to ensure that, for all development in the Swan Valley, appropriate consideration is given to building setbacks, retention of vegetation, suitable building materials and boundary fencing; and (j) to ensure that new non‑rural development of Swan Valley rural land is designed and located so as to reduce any nuisance or other detrimental impacts that could arise from existing or future uses of other Swan Valley rural land for horticulture or viticulture; and (k) to ensure that development and subdivision in the Swan Valley are only permitted if this does not prevent the objects in paragraphs (a) to (j) from being satisfied. (2) A person exercising a power or performing a function under this Act, or under the Planning and Development Act 2005 in relation to the Swan Valley Planning Scheme, must have regard to the objects of this Act. 6. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Part 2 — Swan Valley Planning Scheme Division 1 — Nature and effect of scheme 7. Swan Valley Planning Scheme (1) A scheme called the Swan Valley Planning Scheme is to be prepared by the Commission and approved by the Minister in accordance with this Part. (2) The Swan Valley Planning Scheme is a planning scheme for the purposes of the Planning and Development Act 2005. 8. Scheme has legislative effect (1) The Swan Valley Planning Scheme has legislative effect. (2) For the purposes of the Interpretation Act 1984, the Swan Valley Planning Scheme is subsidiary legislation made under this Act. (3) The Interpretation Act 1984 section 41 does not apply to the Swan Valley Planning Scheme or to an amendment of the Swan Valley Planning Scheme. 9. Effect of scheme for Planning and Development Act 2005 (1) In this section — relevant planning scheme means — (a) the Metropolitan Region Scheme; or (b) the local planning scheme that applies to land in the Swan Valley immediately before the scheme start day; or (c) any improvement scheme that applies to land in the Swan Valley immediately before the scheme start day; scheme start day means the day on which the first Swan Valley Planning Scheme comes into operation. (2) On and from the scheme start day — (a) each relevant planning scheme ceases to apply — (i) to land in the Swan Valley; and (ii) to any development of that land that commenced on or after that day; and (b) the Planning and Development Act 2005 continues to apply to land and development referred to in paragraph (a), but the planning scheme that applies to that land and development is the Swan Valley Planning Scheme. Division 2 — Contents of scheme 10. Contents of scheme (1) The Swan Valley Planning Scheme must be consistent with the objects of this Act. (2) The Swan Valley Planning Scheme may, subject to subsection (1) and sections 12 and 13 — (a) include any provision that the Commission considers will promote the orderly and proper planning, development and management of the Swan Valley; and (b) make provision, in relation to land in the Swan Valley, for all or any of the purposes, provisions, powers or works referred to in the Planning and Development Act 2005 Schedule 7; and (c) without limiting paragraphs (a) and (b), confer functions on the Commission. 11. Scheme may incorporate provisions of other planning instruments (1) The Swan Valley Planning Scheme may incorporate, with or without modifications, any of the following — (a) provisions of a planning code; (b) provisions of the Metropolitan Region Scheme; (c) model provisions, as defined in the Planning and Development Act 2005 section 257A(1); (d) deemed provisions, as defined in the Planning and Development Act 2005 section 257B(1). (2) If the Swan Valley Planning Scheme incorporates provisions (the incorporated provisions) referred to in subsection (1) — (a) the scheme is to have effect as if the incorporated provisions, as in force from time to time, or any subsequent provisions by which the incorporated provisions are replaced, were set out in full in the scheme; and (b) the provisions are to have effect as part of the scheme subject to any modifications set out in the scheme. (3) Modifications referred to in subsection (2)(b) prevail over any later amendments of the incorporated provisions, or subsequent provisions referred to in subsection (2)(a), that are inconsistent with the modifications. [Section 11 amended: No. 45 of 2020 s. 54.] 12. Planning areas and provisions about subdivision and minimum lot sizes (1) The Swan Valley Planning Scheme must provide for the Swan Valley to be divided into planning areas (the Swan Valley planning areas). (2) The Swan Valley Planning Scheme must set out planning objectives for — (a) the whole of the Swan Valley; and (b) each of the Swan Valley planning areas. (3) The Swan Valley Planning Scheme must, for each of the Swan Valley planning areas, either — (a) provide that subdivision of land is prohibited in that area; or (b) set out a minimum lot size that applies to subdivision of land in that area and provide that land in that area must not be subdivided into lots smaller than that minimum lot size. (4) Nothing in this section prevents the Swan Valley Planning Scheme from providing for zones and reserves in the Swan Valley. 13. Provisions to ensure non‑rural development designed to minimise impacts from rural land uses (1) In this section — non‑rural development means residential development, tourism or hospitality development, or any other development, that is not related to horticulture, viticulture, hobby farming or equestrian activities. (2) The Swan Valley Planning Scheme must include provisions for the purpose of ensuring that any new non‑rural development of Swan Valley rural land is designed and located so as to minimise any nuisance or other detrimental impacts that could arise from existing or possible future uses of other Swan Valley rural land for horticulture or viticulture. (3) The provisions referred to in subsection (2) may, without limitation, include provisions relating to setbacks or otherwise dealing with the position of buildings on lots. Division 3 — Making and amending scheme Subdivision 1 — Preliminary 14. Term used: proposed scheme or amendment In this Division — proposed scheme or amendment means — (a) the first proposed Swan Valley Planning Scheme; or (b) a proposed Swan Valley Planning Scheme to replace the existing Swan Valley Planning Scheme; or (c) a proposed amendment of the Swan Valley Planning Scheme. 15. First proposed scheme The Commission must prepare the first proposed Swan Valley Planning Scheme in accordance with this Part and submit it for approval by the Minister under Subdivision 4 as soon as practicable after the day on which this section comes into operation. Note for this section: Under s. 44, the process to be followed in preparing the first proposed Swan Valley Planning Scheme is different from the process that applies under Subdivisions 2 and 3. 16. Replacement or amendment of scheme (1) The Swan Valley Planning Scheme may be — (a) repealed by a subsequent Swan Valley Planning Scheme prepared by the Commission and approved by the Minister in accordance with this Part; or (b) amended by an amendment prepared by the Commission and approved by the Minister in accordance with this Part. (2) The Commission may, from time to time, prepare for approval by the Minister — (a) a proposed Swan Valley Planning Scheme to replace the existing Swan Valley Planning Scheme; or (b) a proposed amendment of the Swan Valley Planning Scheme. Subdivision 2 — Processes to be followed in preparing proposed scheme or amendment 17. Matters to which Commission must have regard In preparing a proposed scheme or amendment, the Commission must have regard to the following — (a) the objects of this Act; (b) any State planning policy that affects the Swan Valley; (c) any strategic document in force under the Swan and Canning Rivers Management Act 2006 Part 4 Division 2; (d) the views of any person or body consulted under section 18; (e) any advice of the Heritage Council on referral under section 19(2). 18. Consultation requirements Before submitting a proposed scheme or amendment to the Minister, the Commission must — (a) consult the Swan Valley Strategic Leadership Group; and (b) consult the Swan Valley local government; and (c) make reasonable endeavours to consult any public authorities or persons that appear to the Commission to have an interest in the proposed scheme or amendment. 19. Referral to Heritage Council (1) This section applies to a proposed scheme or amendment that affects or may affect any land or waters in the Swan Valley if — (a) the land or waters are the subject of an entry in the State Register of Heritage Places; or (b) the Heritage Council has commenced a review under the Heritage Act 2018 section 40 in relation to the land or waters, but — (i) the Heritage Council has not yet made a recommendation, and has not yet decided not to make a recommendation, under that section; or (ii) the Heritage Council has made a recommendation under that section but the Minister for Heritage has not yet given a direction under section 41(1) of that Act in relation to that recommendation; or (c) the land or waters are the subject of an entry in a local heritage survey prepared under the Heritage Act 2018. (2) As soon as practicable after preparing the proposed scheme or amendment, the Commission must refer the proposed scheme or amendment to the Heritage Council for advice. (3) The Commission must not proceed, without the consent of the Minister, with the proposed scheme or amendment unless the advice of the Heritage Council has been received. 20. Referral to EPA (1) As soon as practicable after preparing a proposed scheme or amendment, the Commission must refer the proposed scheme or amendment to the EPA by giving to the EPA — (a) a copy of the proposed scheme or amendment; and (b) any other written information about the proposed scheme or amendment that is necessary to enable the EPA to comply with the Environmental Protection Act 1986 section 48A in relation to the proposed scheme or amendment. (2) Despite subsection (1), a proposed scheme or amendment of a class prescribed by regulations under the Environmental Protection Act 1986 section 48AAA(2) is not required to be referred to the EPA. [Section 20 amended: No. 45 of 2020 s. 55.] 21. Environmental review to be undertaken if required by EPA (1) This section applies if, for the purposes of assessing a proposed scheme or amendment referred to the EPA under section 20, the EPA has under the Environmental Protection Act 1986 section 48C(1)(a) — (a) required the Commission, if it wishes the proposed scheme or amendment to proceed, to undertake an environmental review of the proposed scheme or amendment and report on it to the EPA; and (b) issued instructions (the review instructions) concerning the scope and content of that environmental review. (2) If the Commission wishes to proceed with the proposed scheme or amendment, the Commission must undertake, or cause under section 22 to be undertaken, an environmental review of the proposed scheme or amendment in accordance with the review instructions. (3) The Commission must not advertise the proposed scheme or amendment under section 23 until — (a) the Commission has given the report on the environmental review to the EPA; and (b) either of the following occurs — (i) the EPA advises that the review has been undertaken in accordance with the review instructions; (ii) the period of 30 days beginning on the day on which the report on the review is given to the EPA expires without the EPA having advised whether or not the review has been undertaken in accordance with the review instructions. (4) If the EPA advises that the review has not been undertaken in accordance with the review instructions, the Commission may — (a) comply with subsection (2); or (b) request the Minister to consult the Minister for the Environment and, if possible, agree with that Minister on whether or not the review has been undertaken in accordance with those instructions. (5) If the Minister complies with a request made under subsection (4)(b) and — (a) agrees with the Minister for the Environment on whether or not the review has been undertaken in accordance with the review instructions — their decision is final and without appeal or review; or (b) cannot agree with the Minister for the Environment on whether or not the review has been undertaken in accordance with the review instructions — the Environmental Protection Act 1986 section 48J applies. (6) The Commission may, in accordance with the applicable regulations, recover the expenses incurred by the Commission in undertaking an environmental review in accordance with the review instructions. 22. Environmental review to be undertaken by land owner in some circumstances (1) This section applies if — (a) the Commission is required under section 21(2) to undertake an environmental review of a proposed scheme or amendment in accordance with the review instructions referred to in that section; and (b) the proposed scheme or amendment was prepared at the request of an owner of land to which the proposed scheme or amendment relates. (2) The Commission may, by written notice served on the owner of land, request the owner to undertake an environmental review of the proposed scheme or amendment in accordance with the review instructions. (3) If an owner of land served with a notice under subsection (2) wishes the proposed scheme or amendment to proceed, the owner must undertake the environmental review in accordance with the review instructions and give it to the Commission. Subdivision 3 — Advertising proposed scheme or amendment 23. Advertising proposed scheme or amendment After complying with sections 20 and 21 (if applicable) in relation to a proposed scheme or amendment, the Commission must, in accordance with the applicable regulations — (a) advertise the proposed scheme or amendment for public inspection; and (b) consider public submissions on the proposed scheme or amendment. 24. Commission's duties if proposed scheme or amendment to be assessed under Environmental Protection Act 1986 (1) This section applies if the Commission has been informed by the EPA under the Environmental Protection Act 1986 section 48A(1)(b)(i) that a proposed scheme or amendment referred to the EPA under section 20 should be assessed by the EPA under Part IV Division 3 of that Act. (2) The Commission must — (a) as soon as practicable, but in any event within 7 days after the expiry of the period during which the proposed scheme or amendment is advertised under section 23, give the EPA a copy of each submission — (i) made during that period; and (ii) relating wholly or partly to environmental issues raised by the proposed scheme or amendment; and (b) within 42 days, or any longer period that the Minister allows, after the expiry of the period referred to in paragraph (a), inform the EPA of its views on and response to the environmental issues raised by the submissions referred to in paragraph (a). Subdivision 4 — Approving and publicising scheme or amendment 25. Approval of proposed scheme or amendment (1) After complying with the applicable requirements of Subdivisions 2 and 3 in relation to a proposed scheme or amendment, the Commission must submit the proposed scheme or amendment to the Minister. (2) If a proposed scheme or amendment is submitted under this section, the Minister may — (a) subject to subsection (3) and section 26, approve the proposed scheme or amendment; or (b) require the Commission to modify the proposed scheme or amendment in any manner that the Minister specifies before the proposed scheme or amendment is resubmitted for the Minister's approval under this subsection; or (c) refuse to approve the proposed scheme or amendment. (3) The Minister must not approve a proposed scheme or amendment under subsection (2)(a) unless the Minister is satisfied that the proposed scheme or amendment is consistent with the objects of this Act. (4) The Minister must notify the Commission in writing of a decision under subsection (2). 26. Approval of scheme or amendment referred to EPA (1) The Minister must not under section 25(2)(a) approve a proposed scheme or amendment referred to the EPA under section 20 if the Minister has reached agreement with the Minister for the Environment under the Environmental Protection Act 1986 section 48A(2)(b) in relation to the proposed scheme or amendment. (2) The Minister must not under section 25(2)(a) approve a proposed scheme or amendment referred to the EPA under section 20 unless — (a) the EPA has informed the Minister under the Environmental Protection Act 1986 section 48A(1)(a) that the EPA considers that the proposed scheme or amendment should not be assessed by the EPA under Part IV Division 3 of that Act; or (b) the Minister — (i) has received a statement under the Environmental Protection Act 1986 section 48F(2) in respect of the conditions, if any, to which the proposed scheme or amendment is subject; and (ii) is satisfied that the conditions, if any, have been incorporated into the proposed scheme or amendment; or (c) both — (i) a decision has been made under the Environmental Protection Act 1986 section 48J in respect of the conditions, if any, to which the proposed scheme or amendment is subject; and (ii) the Minister is satisfied that the conditions, if any, have been incorporated into the proposed scheme or amendment; or (d) the period of 28 days referred to in the Environmental Protection Act 1986 section 48A(1)(b)(i) has expired without the EPA having informed the Commission under that section. 27. Publication, advertisement and commencement of approved scheme or amendment (1) If the Minister approves a Swan Valley Planning Scheme or an amendment of the Swan Valley Planning Scheme (the approved scheme or amendment), the Commission must, as soon as practicable after being notified of the approval — (a) ensure that the approved scheme or amendment is published in the Gazette; and (b) advertise the approved scheme or amendment in accordance with the applicable regulations; and (c) ensure that copies of the approved scheme or amendment are made available to the public. (2) An approved scheme or amendment comes into operation on the day on which the approved scheme or amendment is published under subs