Frequently asked questions

The aim of the amendments is to ensure greater oversight of convenience stores intending to sell tobacco products by requiring development approval. This creates an additional regulatory touchpoint and complements broader compliance and enforcement measures targeting illicit tobacco and vaping products.

This proposed amendment does not include compliance or enforcement measures.  Health and law enforcement authorities retain responsibility for compliance and enforcement activities related to licencing of legal tobacco sales, as well as illegal activities. The State Government introduced legislative amendments to strengthen these powers earlier in 2026: First closure orders issued under tough new tobacco laws | Western Australian Government.

• Relevant Minister(s) provides approval for proposed amendment to be drafted
• Amendment is drafted by the Parliamentary Counsel’s Office
• Draft legislation released for public comment and stakeholder review
• Minister recommends to the Governor that the regulations are made. 
• Once the Governor provides assent the updated regulations are gazetted and take effect.

The proposed amendments are not intended to operate retrospectively. 

Transitional arrangements will be introduced to specify that the LPS Regulations will not apply to existing convenience stores that already hold a valid tobacco retailer’s licence. Business owners/tenants should refer to the relevant local planning scheme or contact their local government for further information.

Under the LPS Regulations a convenience store means premises —  

1. used for the retail sale of convenience goods commonly sold in supermarkets, delicatessens or newsagents; and
2. operated during hours which include, but may extend beyond, normal trading hours; and 
3. the floor area of which does not exceed 300 m2 net lettable area.

The proposed amendments do not affect convenience stores that are a ‘P’ (Permitted) use under a local planning scheme. Local governments may wish to consider whether the existing permissibility of convenience stores remains appropriate through future scheme reviews or amendments. We encourage local governments to contact the Department of Planning, Lands and Heritage for advice.

Feedback is specifically sought on the proposed amendment to the Local Planning Schemes Regulations 2015 to remove the current exemption from development approval requirements for convenience stores that are a 'D' use in commercial, centre or mixed-use zones.

The consultation is not seeking feedback on tobacco licensing, public health regulation, or law enforcement matters, which remain the responsibility of other government agencies.

For more information, contact the Planning Frameworks team at the Department of Planning, Lands and Heritage on 6551 8002 or email planningframeworks@dplh.wa.gov.au.