When a rezoning or a new reservation is considered, an amendment to the MRS is advertised to seek comment from the wider community and all levels of government.
An amendment is advertised inviting submissions before a final decision on a proposal is made. A submission is a chance for people to express opinion and provide information. The number of submissions received for or against a proposal will not determine the result rather it is the reasoned argument of why a particular thing should or should not be done.
Submissions assist the WAPC in reviewing planning proposals before proceeding. Advertised proposals are often modified in response to the public submission process.
The process allows for extensive community consultation and discussion in Parliament before a final decision is made.
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The amendment process is regulated by the Planning and Development Act 2005, and most amendments are made under the provisions of section 37 of that act. These are often referred to as 'major' amendments.
The process of amending the MRS includes the following steps:
- The proposed amendment is referred to the Environmental Protection Authority (EPA) to decide whether environmental assessment is needed. Where the EPA require an environmental review, this is carried out before the amendment is advertised.
- The amendment is advertised for public inspection and submission. Advertisements are placed in local and statewide newspapers, and information made available on the internet site. Landowners whose property is directly affected by a proposed change are contacted in writing. Where there is an environmental review, this is also made available for comment.
- A three-month period is provided for the WAPC to receive public submissions.
- Written submissions are considered by the WAPC. During this time, people who have made submissions may, if they wish, also make an oral presentation to a special committee appointed to consider and report on the submissions.
- The WAPC always reconsiders a proposed amendment in light of submissions and may choose to modify the amendment before proceeding.
- If the amendment has been substantially modified as a result of submissions, the Minister for Planning and Infrastructure may ask the WAPC to readvertise for further public submissions before presenting it to the Governor.
- The Minister presents the WAPC's recommendations to the Governor for approval.
- The amendment as approved by the Governor is placed before each house of State Parliament where it must remain for 12 sitting days. During this time, the amendment is again on public display and the WAPC publishes a report on submissions for public information.
- In Parliament, a member may introduce a motion to disallow the amendment. If this motion succeeds, the MRS will not be amended. Otherwise the amendment becomes legally effective in the MRS.
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Flowcharts
Process for making or amending a region planning scheme ( 666 Kb)
Process for making a minor (non-substantial) amendment to a region planning scheme ( 519 Kb)
Preparing a submission
Your comments should focus on the particular issues that arise from the proposed amendment. If there are a number of components in the amendment, please indicate exactly which ones you are addressing.
It is important that you state your point of view clearly. Give reasons for your conclusions and recommendations. These may include an alternative approach or other ways for the WAPC to improve the amendment or make it more acceptable. Indicate the source of your information or argument where applicable.
If you prefer not to write your own comments, you may consider joining a group interested in making a submission on similar issues. Joint submissions can increase the pool of ideas and information.
Before lodging your submission
Please remember to complete the submission form (Form 6A – appendix D). Include your name and full postal address on side one and information related to the ‘hearings’ on side two. It is preferred that any attachments be loose rather than bound.
The closing date for submissions and where they should be lodged is shown on the Form 6A and in the ‘submissions on the amendment’ section in this report. To be eligible to make a presentation to the hearing committee your written submission must be received by the closing date.
Some amendments may be subject to an environmental review. Under these circumstances, the WAPC will forward a copy of any submission raising environmental issues to the Environmental Protection Agency.
You should be aware that the calling for public submissions is a public process, and all submissions will become public documents. Presentations made to the hearings committee are an extension of the submission process, and the transcripts of any public hearings also become public documents. Information presented at a private hearing, however, remains confidential. Published volumes containing the submissions and transcripts are made available with the WAPC's report on submissions when the amendment is presented to Parliament. |