Western Australian Consolidated Acts

HERITAGE OF WESTERN AUSTRALIA ACT 1990 - SECT 40

40 .         Prospective measures requiring legislative amendment where interests affected

        (1)         Where measures proposed in relation to the conservation of any place are likely to require the making of an Order under section 38, the Council shall — 

            (a)         formulate the legislative amendments and other measures that would be needed to effect the conservation; and

            (b)         thereafter publish by public advertisement a notice of the measures proposed and a draft Order under section 38.

        (2)         The notice to be published pursuant to subsection (1) shall — 

            (a)         indicate the objective of the Council in formulating the measures proposed;

            (b)         give a sufficient description of any land likely to be affected by the proposed Order;

            (c)         state where, and at what times, a copy of a plan showing the land likely to be affected may be inspected;

            (d)         state the general nature as then formulated of the legislative amendments and other measures needed for the purpose of effecting the proposed conservation, how the draft Order meets that need, and where and in what manner further particulars may be obtained; and

            (e)         invite persons generally to make submissions in relation to the proposed conservation and any legislative amendments or other measures that may be proposed, affording a reasonable opportunity for that purpose and specifying the time within which, the manner in which and the address to which the submissions should be forwarded.

        (3)         A copy of the notice and draft Order published under subsection (1) shall be served on any local government likely to be concerned and to every other person who would have been required to have been given notice had any land or building to which the proposed conservation measures relate been a place sought to be entered in the Register.

        (4)         The Council shall have regard to any submissions duly forwarded pursuant to this section, and may change the method of proposed conservation and the draft Order accordingly, but is not required to publish either the changed intentions or the final draft of the Order unless section 41 so requires.

        [Section 40 amended by No. 14 of 1996 s. 4.]