LOCAL PLANNING SCHEME 5 —
CITY OF SUBIACO
280. Hon PETER COLLIER to
the minister representing the Minister for Planning:
My question without notice is asked
on behalf of Hon Tjorn Sibma, who is on urgent parliamentary business.
I refer to the City of Subiaco's
local planning scheme 5, which was published in the Government Gazette
of 21 February 2020.
(1) Has the
minister tabled in either house a copy of her order to the City of Subiaco, as
well as a copy of the reasons for making that order in respect of those
amendments of LPS 5, which was published on the aforementioned date?
(2) If no to (1),
why not, and will the minister do so?
(3) Furthermore,
has the minister tabled LPS 5 in either house?
(4) If no to (3),
why not, and will the minister do so?
(5) What is the
minister's understanding of the consequences of not tabling the
documents referred to in parts (1) and (3)?
Hon
STEPHEN DAWSON replied:
I thank the Leader of the
Opposition for some notice of the question. This answer was provided to me by
the Minister for Planning.
(1)–(5) The
Planning and Development Act 2005 does not require new local planning schemes
or decisions on new local planning schemes to be tabled in Parliament. No
orders, as per the definition of that term as a form of subsidiary legislation,
were issued in relation to LPS 5 and its finalisation. Instructions to local governments post ministerial decision-making in
relation to local planning schemes and their amendments are
administrative actions and are not considered orders.