Metropolitan Redevelopment Authority Act 2011 (WA)

Western Australia Metropolitan Redevelopment Authority Act 2011 Western Australia Metropolitan Redevelopment Authority Act 2011 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 2 — Metropolitan Redevelopment Authority Division 1 — Metropolitan Redevelopment Authority 4. Authority established 1 5. Status 1 6. Authority to be SES organisation 1 Division 2 — Functions of Authority Subdivision 1 — General 7. Functions in redevelopment areas 1 8. Functions in areas contiguous to redevelopment areas 1 9. Delegated functions 1 10. Business and operational plans to be followed 1 11. General powers 1 12. Minister and Treasurer to consider proposals under section 11(3)(b) 1 13. Delegation except of powers and duties under Parts 5 and 6 1 14. Delegation of powers and duties under Parts 5 and 6 1 15. Subdelegation of delegated WAPC powers 1 16. General provisions about delegations 1 17. Authority to comply with written laws 1 Subdivision 2 — Powers in relation to land 18. General powers as to land 1 19. Powers in relation to land contiguous to redevelopment area 1 20. Subdivision and amalgamation, modification of PAD Act 1 21. Application of Public Works Act 1902 to Authority 1 22. Compulsorily acquiring land under Land Administration Act 1997 1 23. Public authority can be directed to transfer land to Authority 1 24. Closing thoroughfares, temporarily or permanently 1 25. Conditional disposal of land 1 Part 3 — Land Redevelopment Committees 26. LRC to be established for each redevelopment area 1 27. Function of LRC 1 28. Dissolution of LRC 1 Part 4 — Redevelopment areas 29. Recommendation of Minister to declare a redevelopment area 1 30. Regulations may declare redevelopment areas and provide for related matters 1 31. Regulations may amend redevelopment area 1 32. Land added to redevelopment area, transitional matters 1 33. Land removed from redevelopment area, transitional matters 1 34. Development applications not finalised when land removed 1 35. Transitional regulations 1 36. Evidentiary matters 1 Part 5 — Redevelopment schemes Division 1 — Preparation and approval of redevelopment schemes 37. Draft redevelopment scheme: work prior to declaration of redevelopment area 1 38. Draft redevelopment scheme 1 39. Draft redevelopment scheme to be submitted to relevant local government and WAPC 1 40. Draft redevelopment scheme to be referred to EPA 1 41. Draft redevelopment scheme to be submitted to Minister for publication approval 1 42. Minister's functions as to draft redevelopment scheme 1 43. Public notification of draft redevelopment scheme 1 44. Public submissions on draft redevelopment scheme 1 45. Draft redevelopment scheme to be submitted to Minister for final approval 1 46. Recommendation of WAPC 1 47. Minister's functions in deciding final approval 1 48. Gazettal and operation of approved redevelopment scheme 1 Division 2 — Amendment and repeal of approved redevelopment scheme 49. Amendment of approved redevelopment scheme 1 50. Repeal of approved redevelopment scheme 1 Division 3 — Effect of redevelopment scheme 51. Effect of approved redevelopment scheme on planning schemes 1 52. Inconsistency with regulations 1 53. Approved redevelopment scheme has legislative effect 1 54. Authority to comply with redevelopment schemes 1 55. Applications for approval not finalised on scheme start day 1 56. Transitional regulations 1 57. Minister may amend local planning scheme to conform with redevelopment scheme 1 58. Certain planning schemes affecting redevelopment area not to operate until redevelopment scheme ceases to apply 1 Part 6 — Development control in redevelopment area Division 1 — State bound 59. Part binds State 1 Division 2 — Developments by Authority 60. Authority must get Minister's approval for development 1 Division 3 — Development control by Authority 61. Application of this Division 1 62. Undertaking unauthorised development an offence 1 63. Initial assessment of development application 1 64. Notice of development application 1 65. When development application must be decided 1 66. Deciding development application 1 67. Duration of development approval 1 68. Development may be approved after it is undertaken 1 69. Review of Authority's decision by SAT 1 Division 4 — Unauthorised developments 70. Terms used 1 71. Unauthorised developments: Authority's powers 1 72. Review of directions given under section 71 1 73. Authority may give effect to directions under section 71 1 Division 5 — Miscellaneous matters 74. Minister's powers to ensure environmental conditions are met 1 75. Injurious affection: compensation 1 Part 7 — General administration of Authority and LRCs Division 1 — Board of management of Authority 76. Board is governing body 1 77. How board is constituted 1 78. Remuneration and allowances 1 79. Term of office 1 Division 2 — Land Redevelopment Committees 80. How LRC is constituted 1 81. Nominations for appointment under section 80(1)(b) 1 82. Appointment of initial LRC members 1 83. Remuneration and allowances 1 84. Term of office 1 Division 3 — Provisions that apply to Authority's board of management and to LRCs Subdivision 1 — General provisions 85. Term used: member 1 86. Casual vacancies 1 87. Extension of term of office during vacancy in membership 1 88. Leave of absence 1 89. Deputy chairperson acting as chairperson 1 90. Alternate members 1 Subdivision 2 — Disclosure of material personal interests 91. Terms used 1 92. When a member has a material personal interest 1 93. Financial interest 1 94. Proximity interest 1 95. Closely associated persons 1 96. Some interests need not be disclosed 1 97. Disclosure of material personal interest 1 98. Voting by interested member 1 99. Section 98 may be declared inapplicable 1 100. Quorum where section 98 applies 1 101. Minister may declare sections 98 and 100 inapplicable 1 Subdivision 3 — Meetings 102. Holding meetings 1 103. Quorum 1 104. Procedure at meetings 1 105. Voting 1 106. Holding meetings remotely 1 107. Resolution without meeting 1 108. Minutes to be kept 1 Division 4 — Staff, contractors and committees 109. Chief executive officer 1 110. Other staff 1 111. Use of government staff and facilities 1 112. Committees 1 Part 8 — Accountability and financial provisions Division 1 — Accountability 113. Business plans and operational plans 1 114. Minister to be kept informed 1 115. Minister may give directions 1 116. When directions take effect 1 117. Minister to have access to information 1 118. Protection for disclosure or compliance with directions 1 Division 2 — Financial provisions 119. Application of Financial Management Act 2006 and Auditor General Act 2006 1 120. Metropolitan Redevelopment Authority Account 1 121. Authority's funds 1 122. Borrowing 1 123. Notice of financial difficulty 1 Part 9 — Miscellaneous 124. Modification or suspension of other laws 1 125. Execution of documents by Authority 1 126. Contract formalities 1 127. Confidential information officially obtained 1 128. Protection from liability for wrongdoing 1 130. Approved forms 1 131. Regulations 1 132. Laying documents before House of Parliament not sitting 1 133. Review of Act 1 Part 10 — Repeals, consequential amendments and validations Division 1 — Repeals 134. Acts repealed 1 Division 2 — Consequential amendments 135. Approvals and Related Reforms (No. 4) (Planning) Act 2010 amended 1 136. Constitution Acts Amendment Act 1899 amended 1 137. Environmental Protection Act 1986 amended 1 138. Financial Management Act 2006 amended 1 139. Government Railways Act 1904 amended 1 140. Land Tax Assessment Act 2002 amended 1 141. Planning and Development Act 2005 amended 1 71. Local planning schemes not to apply to redevelopment areas 1 142. Public Sector Management Act 1994 amended 1 143. Statutory Corporations (Liability of Directors) Act 1996 amended 1 144. Swan and Canning Rivers Management Act 2006 amended 1 Division 3 — Validations 145. Effect of redevelopment schemes and validity of things done under them 1 Part 11 — Transitional provisions 146. Terms used 1 147. Interpretation Act 1984 not affected 1 148. Assets, rights and liabilities 1 149. Agreements and instruments generally 1 150. References in written laws to abolished authorities 1 151. Employed staff 1 152. People engaged under contracts for services 1 153. Transfer of land in abolished redevelopment area to redevelopment area under this Act 1 154. Redevelopment scheme continues for land in abolished redevelopment area that is transferred to redevelopment area under this Act 1 155. Exemptions from State tax 1 156. Transitional regulations 1 Notes Compilation table 1 Defined terms Western Australia Metropolitan Redevelopment Authority Act 2011 An Act to — * provide for the planning and redevelopment of, and the control of development in, certain land in the metropolitan region; and * establish a State agency with planning, development control, land acquisition and disposal and other functions in respect of that land; and * provide for related matters, including the repeal or amendment of certain Acts.