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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Local Government (Miscellaneous Provisions)
Amendment Bill 2003
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 159 amended 2
5. Section 374 amended 2
6. Section 401 amended 3
7. Division 9B inserted 4
8. Section 421A amended 6
240--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Local Government (Miscellaneous Provisions)
Amendment Bill 2003
A Bill for
An Act to amend the Local Government (Miscellaneous Provisions)
Act 1960.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Local Government (Miscellaneous
Provisions) Amendment Act 2003.
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Local Government (Miscellaneous Provisions) Amendment Bill 2003
s. 2
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
5 3. The Act amended
The amendments in this Act are to the Local Government
(Miscellaneous Provisions) Act 1960*.
[* Reprinted as at 28 July 1999.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2002, Table 1, p. 229.]
4. Section 159 amended
Section 159, given continuing effect by clause 4(2) of
Schedule 9.2 to the Local Government Act 1995, is amended by
inserting after paragraph (a) --
15 "
(aa) regulating the delegation of the authority to
approve or refuse to approve plans and
specifications submitted under section 374 and,
in particular, prescribing the educational and
20 professional qualifications necessary to be held
by a person before the authority to approve or
refuse to approve plans and specifications for
building work of a kind specified in the
regulations can be delegated to that person;
25 ".
5. Section 374 amended
(1) After section 374(1d) the following subsections are inserted --
"
(1e) A delegation under subsection (1b) does not authorise
30 the delegate to approve or refuse to approve the plans
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Local Government (Miscellaneous Provisions) Amendment Bill 2003
s. 6
and specifications for building work of a particular
kind unless the delegate is a person to whom the local
government can, under the regulations, delegate the
authority to approve or refuse to approve plans and
5 specifications for building work of that kind.
(1f) In subsection (1e) --
"regulations" means the regulations under section 159
given continuing effect by clause 4(2) of
Schedule 9.2 to the Local Government Act 1995.
10 ".
(2) After section 374(3) the following subsection is inserted --
"
(4) In proceedings for an offence against subsection (3) it
is a defence if the defendant proves that, before the
15 occupation or use occurred, a certificate of substantial
compliance had been issued under section 401B in
respect of the work that was carried out in
contravention of subsection (1).
".
20 6. Section 401 amended
After section 401(1) the following subsections are inserted --
"
(1a) The local government is not to give notice under
subsection (1)(c) if --
25 (a) a certificate of substantial compliance has been
issued;
(b) the owner has applied for the issue of a
certificate of substantial compliance and the
application has not been finally refused; or
30 (c) the local government has given the owner
written notice inviting the owner to apply for
the issue of a certificate of substantial
compliance and the period (if any) specified in
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Local Government (Miscellaneous Provisions) Amendment Bill 2003
s. 7
the written notice for the making of the
application has not yet expired.
(1b) For the purposes of subsection (1a)(b) an application
for the issue of a certificate of substantial compliance
5 has been finally refused if the local government has
refused to issue the certificate and --
(a) no appeal from that refusal has been made
under section 374(2) as applied by
section 401B(6); or
10 (b) on an appeal from that refusal having been
made under section 374(2) as applied by
section 401B(6), the refusal has been upheld.
(1c) In subsections (1a) and (1b) --
"certificate of substantial compliance" means a
15 certificate of substantial compliance under
section 401B in respect of the work that has been
carried out without permission.
".
7. Division 9B inserted
20 After section 401A the following Division is inserted --
"
Division 9B -- Certificate of substantial compliance
401B. Application for and issue of certificate of substantial
compliance
25 (1) In this section --
"building licence provisions" means --
(a) section 374(1b) to (2b);
(b) section 159 given continuing effect by
clause 4(2) of Schedule 9.2 to the Local
30 Government Act 1995; and
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Local Government (Miscellaneous Provisions) Amendment Bill 2003
s. 7
(c) the regulations under section 159 given
continuing effect by clause 4(2) of
Schedule 9.2 to the Local Government
Act 1995;
5 "unauthorised building work" means --
(a) the erection of a building; or
(b) the amendment, alteration, extension or
enlargement of the structure of a building,
without the specifications and plan mentioned in
10 section 374(1) being submitted to the local
government as required by section 374(1).
(2) The owner of a building on which unauthorised
building work has been carried out may apply to the
local government for the issue of a certificate of
15 substantial compliance in respect of the unauthorised
building work.
(3) An application under subsection (2) --
(a) is to be in the form prescribed by regulations;
(b) is to be accompanied by the documents and
20 information prescribed by regulations or
required by the local government; and
(c) is to be accompanied by the fee prescribed by
regulations.
(4) The local government --
25 (a) may, if it is satisfied that the unauthorised
building work substantially conforms with the
requirements of this Act, issue a certificate of
substantial compliance in respect of the
unauthorised building work; or
30 (b) may refuse to issue a certificate of substantial
compliance in respect of the unauthorised
building work.
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Local Government (Miscellaneous Provisions) Amendment Bill 2003
s. 8
(5) A certificate of substantial compliance may be issued
subject to such conditions as are specified in it.
(6) The building licence provisions (with any necessary
modifications) apply in relation to the issue or refusal
5 to issue a certificate of substantial compliance as if it
were the approval or refusal to approve specifications
and a plan submitted to the local government under
section 374(1).
".
10 8. Section 421A amended
Section 421A(1) is amended by inserting after "those sections"
the following --
" or under section 374(2) as applied by section 401B(6) ".
page 6
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