Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who, as a
Minister of the Crown, is responsible as the Minister under any written
law —
(a)
shall not, as such Minister, initiate or take any action under that law; and
(b)
shall give all such directions and do all such things as, consistently with
that written law, can be given or done under that law by the responsible
Minister to ensure that any decision-making authority in respect of which that
Minister has a responsibility does not take any action under that law,
which will, or will be
likely to, adversely affect a registered place unless that Minister is
satisfied that there is no feasible and prudent alternative to the taking of
that action and that all measures which can reasonably be taken to minimize
any adverse effect will be taken.
(2) Where an
application is referred pursuant to section 78 or it otherwise comes to
the notice of a decision-making authority that a proposal being considered by,
or referred to or initiated by, that authority may affect any registered place
or place which is the subject of a Heritage Agreement that authority shall
refer the proposal to the Council as soon as is practicable and thereafter
furnish to the Council all such aid, information and facilities as are
practicable, and the Council shall thereupon advise both the Minister and the
authority making the referral.
(3) A decision-making
authority shall not take any action that might (whether or not adversely)
affect to a significant extent a registered place or a place which is the
subject of a Heritage Agreement (even though that action is not directly
related to the place) unless —
(a)
subsection (2) has been complied with by the authority;
(b) the
authority has informed the Council of the proposed action and given the
Council a reasonable opportunity to consider it and to advise both the
Minister and that authority;
(c) that
action is consistent with advice received from the Council, or there is no
feasible and prudent alternative to the taking of that action; and
(d) the
decision-making authority has used its best endeavours to ensure that all
measures which can reasonably be taken by any person involved in the
implementation of the proposal are taken so as to minimize any adverse effect.
(4) For the purposes
of this section —
(a) the
making of a decision or recommendation;
(b) the
grant of an approval or permission, or the issue of a licence; or
(c) a
refusal so to do,
constitutes the taking
of action, and where the adoption of a recommendation would adversely affect a
place the making of that recommendation shall be deemed to be action affecting
the place adversely.