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Minister for Planning - Amended Notice of Exemptions - WA

May 07, 2020

Amended Original Notice During State of Emergency Clause 78H(6)(a)

On 16 March 2020, a State of Emergency Declaration was made in the State of Western Australia.

On 8 April 2020 (gazetted on 17 April 2020), the Minister for Planning issued a notice under Clause 781-1(1), Schedule 2 of the LPS Regulations (the Original Notice), in response to the COVID-19 pandemic.

In plain terms, the Original Notice declared a number of exemptions, extensions and continuations to land uses, applications and approvals, in addition to their scope, application and implementation.

On 30 April 2020, the Minister for Planning released an additional notice, amending the Original Notice. This amendment was accompanied by a Schedule outlining the planning requirement exemptions, the local planning scheme affected by them and any conditions of the exemptions. The Original Notice and amended notice continue to capture extensions to Development Approval timeframes.

The Schedule within the amended notice may be of interest to members who are having to re-structure or modify existing businesses and business practises in the wake of the Western Australian Government’s State of Emergency declaration; and includes provisions, exemptions and conditions for the following;

  • The timeframe within any current Development Approval, to be substantially commenced, is extended for an additional two (2) years – and applies to all Development Application approvals current at the State of Emergency declaration in addition to granted approvals during the State of Emergency; and
  • Uses, works on land relating to medical or health related activities; and
  • Uses, temporary works associated with shops, restaurant/café, convenience stores, consulting rooms, offices; and
  • Uses, and associated works with light industry, industry, trade supplies, warehousing and storage, transport depot; and
  • Uses, temporary works associated with operating a home business or occupation; and
  • Uses, temporary works associated with the parking of commercial vehicles; and
  • Uses, works on land concerning temporary workers’ accommodation; and
  • Uses, works on land concerning agricultural workers’ accommodation; and
  • The loading / unloading times associated with goods or petroleum delivery; and
  • Any conditions of approval or provision for a non-conforming use that may annul the continuation of that use.

Requirements for approval from, and advertising by, Local Governments for the above requirements have also been amended within the Schedule.

This notice is issued under clause 78H(6)(a) (this Notice) and amends that Original Notice; and will remain in effect until midnight, 1 May 2023, unless specified otherwise within the exemption conditions within the Schedule. Download the Minister’s amended notice and accompanying Schedule.

For further clarification and information on planning requirements, HIA members can contact HIA’s Planning Services team on 9492 9200 or wa_planning@hia.com.au