Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an owner of
any place that is recorded in the data base established under section 44
or a local government inventory under section 45 has made application to
a decision-making authority and such authority has —
(a)
required any work that would detract from the heritage character of the place,
or imposed as a condition to any necessary approval or consent to any work or
development that it be carried out in a manner or to a standard that would
detract from the heritage character of that place; or
(b)
refused approval or consent for any work where such work would contribute to
the enhancement of the heritage character of that place,
the owner may make
application to the Council under this section for an Order.
(2) Where an
application has been made to the Council for an Order and the Council is of
the opinion —
(a)
that —
(i)
it would detract from the heritage character of the place
if such works were required or if such conditions were imposed; or
(ii)
such approval or consent for work were refused,
as the case may be;
(b) such
requirement, condition or refusal is made pursuant to the
Local Government (Miscellaneous Provisions) Act 1960 or any other
prescribed Act; and
(c) it
is in the interests of the purposes of this Act that an Order be made,
the Council may make
an Order waiving or varying such requirement, condition, or refusal and
notwithstanding the provisions of the Local
Government (Miscellaneous Provisions) Act 1960 or any other prescribed
Act, it shall be lawful to act or to carry out any work or development in
accordance with the Order.
(3) The Council shall
consult with the relevant decision-making authority before making any Order
under this section.
[Section 34 amended by No. 14 of 1996
s. 4.]