Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), where —
(a) an
Order made under section 36 is varied or revoked;
(b) a
place, or a portion of a place, is removed from the Register, or ceases to be
the subject of a Heritage Agreement, as a consequence of an application by the
owner; or
(c) at a
place which is entered in the Register or is the subject of a Heritage
Agreement —
(i)
demolition of a building occurs;
(ii)
an alteration is made to a building; or
(iii)
any other development occurs,
resulting in a person
being convicted of a contravention of this Act, or in a person committing a
contravention of a provision of a relevant Heritage Agreement, from which
contravention the Minister alleges that a person liable to have paid such
moneys has benefited unjustly,
any land tax,
Metropolitan Region Improvement Tax, rates or charges in respect of the land
or other property affected for which a person would have been liable during a
preceding period not exceeding 7 years had that liability not been
remitted or reduced by the operation of this Division shall, where the
Governor on the recommendation of the Minister after consultation with the
Council by Order so requires, become payable by the person in whose favour the
liability was so remitted or reduced, or the successor in title of that
person, in accordance with the provisions of that Order.
(2) Before
recommending the making of an Order under subsection (1) the Minister, by
notice in writing, shall —
(a)
advise the person against whom the Order is to be made of any grounds upon
which it is alleged that the person has benefited unjustly
by —
(i)
any contravention; or
(ii)
the remission or reduction,
to which the proposed
Order is to relate; and
(b)
invite that person to show cause why the provisions of the Order should not
have effect.
(3) A person aggrieved
by a notice under subsection (2), may, within 30 days of the receipt
of that notice, require the Minister to refer to the State Administrative
Tribunal any question as to —
(a)
whether the variation or revocation of an Order made under section 36 has
occasioned injustice;
(b)
whether a contravention of the Act or of a provision of a relevant Heritage
Agreement occurred and whether any person liable to have paid such moneys, or
a successor in title of that person, thereby benefited; and
(c)
whether, and to what extent, any person has benefited, or would be likely to
benefit, unjustly by reason of any such contravention or of the remittance or
reduction,
and the State
Administrative Tribunal may determine any such question.
(4) A recommendation
for the making of an Order under subsection (2) shall not be inconsistent
with any finding made by the State Administrative Tribunal on a reference in
relation to the same or a related matter under subsection (3).
(5) The State
Administrative Tribunal may for the purposes of this
section —
(a) in
the case of a contravention of this Act, take judicial notice of the
conviction of a person in respect of that contravention;
(b)
determine on the balance of probabilities —
(i)
in the case of an alleged contravention of a provision of
a Heritage Agreement, whether the contravention occurred; and
(ii)
whether or not a person committed, or benefited from, any
contravention;
(c)
apportion liability, where land has ceased to be held or occupied by the
person in whose favour the moneys due were reduced or remitted; and
(d) make
such other order in the matter as the State Administrative Tribunal thinks
fit.
(6) Where any of the
things mentioned in subsection (1)(a), (b) or (c) occurs, the Valuer
General may revalue, or cause to be revalued, any land or building to which
the finding relates having regard to the tenor of that finding.
(7) Moneys payable by
the operation of this section may be recovered, by the public authority to
which they are owing or by the Council on behalf of that authority, as a debt
due from the person in whose favour they were remitted or reduced, or from the
successor in title to that person, in any court having jurisdiction in
relation to a debt of that amount.
(8)
Where —
(a)
moneys that would otherwise be payable to a public authority by a person other
than the Council in respect of any place become, by reason of the operation of
this Act, not so payable; and
(b)
subsequently those moneys become payable by reason of this section and are
thereafter received by the public authority from or on behalf of any person
other than the Council,
any moneys paid to the
public authority by the Council in respect of a like liability shall be
refunded by the public authority to the Council.
[Section 37 amended by No. 55 of 2004
s. 502, 507 and 508.]