Development & Resources

The State Administrative Tribunal reviews decisions made by State Government and local governments regarding a range of matters concerning development, subdivision, notices, fisheries, water, rating, land valuation, land tax and soil and land conservation.

It is also the primary decision maker hearing cases regarding compensation for compulsory acquisition of land.

Which enabling laws give the SAT powers to make decisions?

The following Acts give the SAT the power to make or review decisions in this stream.

Act

Original

Review

Aboriginal Heritage Act 1972

*

 

Agricultural and Related Resources Protection Act 1976

 

*

Armadale Redevelopment Act 2001

 

*

Biological Control Act 1986

 

*

Country Areas Water Supply Act 1947

 

*

Country Towns Sewerage Act 1948

 

*

East Perth Redevelopment Act 1991

 

*

East Perth Redevelopment Regulations 1992 (given effect to by s 57 East Perth Redevelopment Act 1991)

 

*

Energy Coordination Act 1994

 

*

Fish Resources Management Act 1994

 

*

Fisheries Adjustment Schemes Act 1987

*

*

Fishing and Related Industries Compensation (Marine Reserves) Act 1997

*

*

Gas Standards Act 1972

*

*

Heritage of Western Australia Act 1990

*

*

Hope Valley-Wattleup Redevelopment Act 2000

 

*

Jetties Act 1926

 

*

Land Administration Act 1997

*

*

Land Drainage Act 1925

 

*

Litter Act 1979

 

*

Local Government Act 1995

*

*

Maritime Archaeology Act 1973

 

 

Metropolitan Water Authority Act 1982

 

*

Metropolitan Water Supply, Sewerage and Drainage Act 1909

 

*

Midland Redevelopment Act 1999

 

*

Pearling Act 1990

 

*

Planning and Development Act 2005 * *

Plant Diseases Act 1914

 

*

Plants Pests & Diseases (Eradication Funds) Act 1974. Note: This Act expired on the 31 October 2003, see s 18(1)

*

 

Rights in Water and Irrigation Act 1914

 

*

Soil and Land Conservation Act 1945  

*

State Superannuation Act 2000  

*

Subiaco Redevelopment Act 1994

 

*

Swan and Canning Rivers Management Act 2006  

*

Valuation of Land Act 1978

 

*

Veterinary Chemical Control and Animal Feeding Stuffs Act 1976

 

*

Water Agencies (Powers) Act 1984

*

 

Water Boards Act 1904

 

*

Water Services Licensing Act 1995

 

*

Waterways Conservation Act 1976

 

*

How will my application be handled?

An initial directions hearing takes place before a member within about three weeks after an application is filed.  The proceedings are then actively case managed by the member.  This hands-on process enables SAT to quickly identify the key elements of the dispute and to direct it toward a prompt and cost effective resolution, whether by settlement between the parties facilitated by a member as mediator or conducting a compulsory conference or by a Tribunal imposed determination.

If you are applying for a review of a decision of an original decision maker, refer to Practice Note 2 - Review Proceedings for important information on practice and procedures.

More information on practice and procedures for applications made under the Land Administration Act 1997 is outlined in Practice Note 3 - Original Proceedings.

Are there special requirements for town planning?

If your application involves a development valued at less than $250,000 (or $500,000 if it is a house or a subdivision of a lot to create no more than three lots) it is considered a Class 1 application.

Otherwise, your application is a Class 2 application.

Class 1 applications are treated more informally than Class 2 and different fees apply. The procedures and fees are explained on the application form. Use the SAT Wizard to view the application form. See Applications.

Mediation instead of directions hearings

Development and resources stream.

The Tribunal encourages the use of mediation to resolve disputes or to identify and narrow issues. About 75% of applications in the development and resources (DR) stream are resolved by facilitative dispute resolution, principally mediation. This avoids parties having to participate in a final hearing or decision on documents in which the Tribunal would impose a win/loss result. Facilitative dispute resolution is also likely to be quicker and cheaper.

Consistently with the Tribunal's objectives to act as speedily as possible and to minimise the costs to the parties, President Justice John Chaney has approved a trial of inviting parties to jointly write to the Tribunal at least two days before the first directions hearing and request that their matter be referred directly to mediation without having to attend the directions hearing. If the Tribunal agrees that the matter should go directly to mediation, it will advise the parties of the mediation date and any programming orders, and the parties will not have to come to the directions hearing.

The results of the trial will be reviewed in due course. The trial does not include class 1 planning applications (developments worth less than $250,000 or $500,000 in the case of a single lot and subdivisions of three lots of less), because these matters are already listed for a one hour first directions hearing in which mediation often takes place.

The practice is explained more fully in the information sheet (this page under 'Downloads') and which will be sent to the parties with the notice of the first directions hearing in all DR matters other than class 1 planning applications.

Can a third party participate in a planning matter?

A person who is not an applicant or a respondent is known as a “third party”.The Tribunal has published a pamphlet explaining how third parties can participate in a SAT planning matter.

The pamphlet notes that there are generally no third party appeal rights in relation to planning decisions in Western Australia and that, under section 243 of the Planning and Development Act 2005, SAT’s general power to join a person as a party to a proceeding under section 38 of the State Administrative Tribunal Act 2004 is excluded in planning matters.

However, there are four ways in which it may be possible for a third party to participate in a planning matter.  These are–

  1. being called as a witness by the respondent;
  2. making submissions under section 242 of the Planning and Development Act 2005;
  3. intervening under section 37(3) of the State Administrative Tribunal Act 2004; and
  4. possible participation in mediation.

The pamphlet discusses each of these possibilities.

The pamphlet is available on this page under 'Downloads'.

Where can development and resources decisions be found?

The full text of all written development and resources decisions can be found in the decisions database on the SAT website (view Decisions Database ).

SAT also publishes a monthly bulletin which contains summaries of all written development and resources decisions.  Published bulletins are available by selecting DR Decisions Bulletins.  If you would like to receive our monthly bulletins by email, please register your interest by subscribing here.

A table of development and resources decisions made since January 2005 is also maintained and updated periodically on the website.  The current table can be viewed by searching the DR Decisions Bulletins  web page.

SAT has also compiled a summary of all written decisions of its predecessors the Town Planning Court of WA (1975-1979), the WA Town Planning Appeals Tribunal (1979-2002) and the Town Planning Appeal Tribunal of WA (2003-2004).  The summary can be viewed by searching  the DR Decisions Bulletins  web page.

Are there appeal rights?

A Party may apply to the President of the Tribunal to review a determination of the Tribunal under part 14 of the Planning and Development Act 2005 upon a matter involving a question of law where the determination was made by a non-legally qualified member. Please see Practice Note 4 – Review of Decisions of the Tribunal under section 244 of the Planning and Development Act 2005  provides more information.

Are there related subjects that the SAT does not handle?

The SAT does not deal with:

  • appeals under the Environmental Protection Act 1986; and
  • liquor licensing matters.

For more information on areas not covered by the SAT see Matters Not Dealt By SAT in Jurisdiction.

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