Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where it appears
to the Council in relation to any place that is entered in the Register or is
the subject of, or is the subject of negotiations for, a Heritage
Agreement —
(a)
(i) that the use or continued
use of that place is not economically feasible; and
(ii) its conservation is thereby
endangered;
or
(b) in
special cases where in the opinion of the Council the conservation of the
place will be secured,
the Council may make a
report to the Minister recommending that one or more of the powers conferred
by subsection (2) be exercised.
(2) Where, after the
consultation referred to in this section, the Minister approves a
recommendation made under subsection (1) the Minister may forward that
recommendation to the Governor who may, by Order —
(a) on
being satisfied that there has been consultation by the Council with the
Commissioner of State Revenue — remit the whole or any part of the
tax payable by the owner under the Land Tax Assessment Act 2002 that is
attributable to that place;
(b) on
being satisfied that there has been consultation by the Council with the
Western Australian Planning Commission established by the Planning
and Development Act 2005 — remit the whole or any part of the
Metropolitan Region Improvement Tax payable by the owner in respect of that
place under section 200 of the Planning and Development Act 2005 ;
(c) on
being satisfied that there has been consultation by the Council with the
Minister for Local Government and with any relevant local government, and
subject to the consent of that council — remit the whole or
any part of any relevant rates or charges in lieu of rates or charges for
services payable in respect to the place; and
(d) on
being satisfied that there has been consultation by the Council with the
Minister to whom the administration of the Water Agencies (Powers)
Act 1984 is for the time being committed by the
Governor — remit the whole or any part of any relevant rates
or charges in lieu of rates or charges for services payable in respect to that
place,
and where the Governor
remits any moneys under this section they shall cease to be payable, unless
section 37(1) applies.
(3) The Commissioner
of State Revenue, and any local government concerned, shall comply with and
give effect to any Order made by the Governor under this section according to
its tenor, notwithstanding the provisions of any other Act, and no interest
shall accrue under section 6.51 of the Local Government Act 1995 in
relation to the amount of any rate which by the operation of such an Order has
ceased to be payable.
(4) Any Order made by
the Governor under subsection (2) may, subject to the like requirements
for consultation or consent, be varied or revoked by a further Order.
(5) An Order made by
the Governor under this section shall be published in the Gazette .
[Section 36 amended by No. 84 of 1994
s. 46; No. 73 of 1995 s. 188; No. 14 of 1996 s. 4;
No. 45 of 2002 s. 15; No. 38 of 2005 s. 15.]