The proposed regulatory amendments aim to support the State Government’s broader efforts to address the growing illegal tobacco and vaping trade.
In summary, the Amendment Regulations propose the following changes to the deemed provisions, which operate across all local planning schemes in Western Australia:
- Development approval being required for any new convenience store land use that proposes to sell tobacco products where the use is classified as a ‘D’ use under the local planning scheme and within a commercial, centre, or mixed-use zone under a local planning scheme.
- Transitional arrangements be introduced to specify that the Amendment Regulations will not apply to existing convenience stores that already hold a valid tobacco retailer’s licence.
While the planning system does not regulate the sale of tobacco products, it can influence where certain land uses are established through local planning schemes. The proposed amendments require most new convenience stores to obtain development approval, providing greater regulatory oversight and scrutiny, as well as an opportunity for community input through the development application process.
The proposed amendments are now available for feedback with consultation open from Monday 26 October – Friday 4 December 2026 via https://haveyoursay.dplh.wa.gov.au/regulationamendmentstobaccosales.
For more information contact the Planning Frameworks team at the Department of Planning, Lands and Heritage on 6551 8002 or email [email protected].