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29 May 2020

HHG Legal Group Director, Murray Thornhill and Lawyer, Fintan Roberts provide a weekly snapshot of new and upcoming legislation.

20200423 WA Legislation Weekly

HHG Legal Group’s weekly legislation updates aim to provide information on new and upcoming legislation (and/or bills) as they pass, primarily focused on legislation arising as a counter-measure to COVID-19. 

 

25 to 29 May 2020

Commercial Tenancies (COVID-19 Response) Regulations 2020
On Friday 29th of May, the Commercial Tenancies (COVID-19 Response) Regulations 2020 (and the Code of Conduct within it) was gazetted. These regulations accompany the Commercial Tenancies (COVID-19 Response) Act 2020. The Regulations at their core seek to assist commercial tenants and landlords reach agreements about rent during COVID-19.
You can read a more detailed analysis of the new regulations by our property lawyers HERE and you can find the regulations HERE.
Environmental Protection Amendment Bill 2020

The Environmental Protection Amendment Bill (No 2) 2020, which was introduced on 16 April 2020, was subjected to its third reading in the Legislative Assembly on Thursday 28 May 2020, and will now proceed to the Legislative Council.

You can find the bill and explanatory memorandum HERE.

Planning and Development Amendment Bill (No 2) 2020
Also on 28 May 2020, the Planning and Development Amendment Bill 2020 (PD Act) had its third reading in the Legislative Assembly. This bill was first introduced on 20 May 2020.

The bill aims to provide an urgent response to the COVID-19 pandemic, as it relates to planning and development. The government also intends to introduce further legislation implementing a comprehensive series of public, stakeholder and specialist reviews of the planning system (which have been carried out for more than seven years), in order to create a better planning system.

The aims of the Bill are to:

  • Facilitate significant development projects;
  • Remove regulatory road blocks and significantly reducing red tape;
  • Strategically refocus what urban and regional planning considers important;
  • Enhance how development contribution funds are utilised for community benefit; and
  • Provide for a more robust planning environment with a higher degree of professionalism and enforcement capability.

Furthermore, the bill will introduce an automatic two-year extension for all subdivision applications submitted (but not yet approved) or approved (but not yet lapsed) before the State of Emergency came into effect on 16 March 2020 into Part 2 of the PD Act.

Part 17 will be introduced into the PD Act – providing an expedited interim 18 month approval pathway for certain significant development applications. A ‘significant development’ will include proposals of $30 million or more, involving residential developments of 100 or more dwellings, or commercial developments with the total net lettable area of 20,000m2 or more. Part 17 encourages major proponents, by way of regulatory benefits, to submit a development application for significant development and commence construction and associated activities in the next 18 months or soon as possible thereafter. Some of these benefits include:

  • More flexible application of planning rules, including the ability to consider non-planning matters in the public interest;
  • Stronger degree of certainty that other approval regimes will not frustrate any development approval made under this pathway; and
  • An expedited approval process by the Western Australian Planning Commission.

Hopefully the cutting of red tape and other reduced costs will assist and support small businesses. To see the full extent of the changes that have been proposed, you can read the bill HERE and explanatory memorandum HERE.

Magistrates Court Amendment Rules 2020
The Magistrates Court Amendment Rules 2020 (amending the Magistrates Court (Civil Proceedings) Rules 2005 & Minor Case Procedure Rules 2005), has now also been implemented, commencing 1 June 2020.
You can find the rules HERE.

Subscribe to an email update for the state government legislative HERE.

 

How can HHG Legal Group assist?

For over 100 years HHG Legal Group has been proudly serving Western Australian families, businesses, governments and individuals and never before has the State seen such a crippling time and we are committed to supporting the communities in which we operate.

With a choice of consultation methods (video, phone or safely-spaced, face-to-face), should you require some assistance please send us an enquiry or call us on +61 8 9322 1966.

*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

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Family Law Client

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Lynette Livesey

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Richard Beal, Director at BDO

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Bernice Climie

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Steve Harvey and Jane Powell

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Kerry Samson

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Graeme Hammond

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Carolin Grimm - Marine Plant Systems

"We were kept up to date at all times. Pricing was always updated over the time period so we remained "in budget". Personal access to someone whenever I had questions. All in all a great experience without too much fuss."

Rosslyn Tasker - COO AltusQ Pty Ltd

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Miles Lee

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Mark Armitage

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Jacques Taylor

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