Directions Paper - Western Australian Planning Commission

Directions Paper on the Integration of NRM and Land Use Planning3.4.1 The legislative basis for theconsideration of NRM in land useplanningThe Planning and Development Act 2005establishes the legislative basis for the landuse planning process. The Act which came intoeffect in April 2006 is primarily a consolidation ofprevious planning legislation.Some amendments were made to further includethe consideration of environmental issues intothe planning decision-making process. Theconcept of sustainability was recognised by thepromotion of sustainable use and developmentof land being included as a primary purposeof the Act. In addition the Act expanded themembership and functions of the WAPC toinclude members with experience or practicalknowledge of NRM matters.Regulations made under the previous planninglegislation continue to have effect under thePlanning and Development Act 2005. Themost notable of these are the Town PlanningRegulations 1967, which set out the processby which local governments can make localplanning schemes and local planning strategies.Role of the Western Australian PlanningCommissionPart 2 of the Act establishes the WesternAustralian Planning Commission and definesits functions and powers. The Commission hasa board of management which is responsiblefor performing the functions of the Commissionunder the Act. Its membership (under s10) mustinclude a person having experience in the fieldof coastal planning and management, a personhaving practical knowledge and experiencein one or more of the fields of environmentalconservation, natural resource management orheritage interests, the CEO of the departmentprincipally assisting in the administration of theEnvironmental Protection Act 1986 and the CEOof the Water and Rivers Commission establishedby the Water and Rivers Commission Act 1995.The function of the Commission includesthe coordination and promotion of land use,transport planning and land development in theState in a sustainable manner, which requiresthe consideration of social, economic andenvironmental outcomes in decision making.Formal referral proceduresThe Planning and Development Act 2005 setsup formal links to the Environmental ProtectionAct 1986 by requiring formal referral ofproposals to the EPA. This includes the referralto the EPA of Region Planning Schemes andtheir amendments (s38), local planning schemesand their amendments (81) and may includethe referral of State Planning Policies (s32).This enables the EPA to determine whether aproposal is likely to have a significant impacton the environment and to set an appropriatelevel of environmental assessment. The Actthen requires the relevant planning authorityto undertake an environmental review of theproposed scheme or policy in accordance withinstructions provided by the EPA.In addition to requiring the referral of proposalsto the EPA, the Act also establishes aconsultation process for state planning policies,region schemes, local planning schemes,and their amendments, interim developmentorders, subdivision and development, whichrequires consultation with any public authorityand person that may be likely to be affectedby the proposal. (s28,43,83, 89,104 & 142).This enables agencies such as the Departmentof Water and the Department of Agricultureand Food, and in some instances NRMregional groups, and interested persons inthe community an opportunity to input into theplanning process and provide advice basedon areas of expertise. In making a decision,consideration must be given to commentsreceived during the consultation process.9