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Parliamentary Questions


Question Without Notice No. 280 asked in the Legislative Council on 31 March 2020 by Hon Peter Collier

Parliament: 40 Session: 1

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.