Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a
Conservation Order has effect in relation to any place, and a person desires
to implement any proposal, or to cause or permit to be carried out any
works —
(a)
which may involve disturbance to vegetation or of the surface of the land; or
(b) for
the construction, renovation, alteration or extension of, or which may cause
damage to, any building; or
(c) of
demolition or other development,
that would not be
works to which section 79(2) applies and might contravene the terms of
the Order or of any regulations made under section 59(15) or otherwise be
detrimental to the cultural heritage characteristics of that place, the person
may, on payment of the prescribed fee, make application to the Council in
writing for a permit to be granted by the Minister under this section
authorising the implementation of the proposal or the carrying out of those
works.
(2) Where an
application is made under subsection (1), and such information as is
required by the Council is made available, the Council shall within a period
not exceeding 14 days from the making of the application, or such other
period as may be agreed upon in writing between the applicant and the Council,
make known its recommendation on the application to the Minister.
(3) Having regard to,
but not being bound by, any recommendations made by the Council the Minister
shall determine any application made under subsection (1) and
shall —
(a)
declare that the proposal or works would be detrimental, either wholly or in
any specified respect, and refuse the application; or
(b)
authorise the implementation of the proposal or the carrying out of the works,
unconditionally or subject to specified conditions, and grant the permit.
(4) The conditions
imposed in relation to the authorisation of any proposal or works shall be
referred to or set out in the permit and may include conditions with respect
to —
(a) the
preservation of particular features of the place or materials of any building,
either as part of it or after severance therefrom;
(b) the
making good, after any proposal is implemented or works are completed, of any
damage caused including the restoration of any part of the place or the
reconstruction of any building, or any part of it, with the use of original
materials so far as practicable or with such alterations as may be specified
in the conditions;
(c) the
giving of a bond or other security for the due observance of the conditions
imposed; and
(d) the
provision prior to the commencement of any works of reasonable access to
members and officers of the Council and persons authorised by the Council for
the purpose of recording the then existing characteristics of the place.
(5) Where a permit
under this section in relation to any place is expressed to be subject to
conditions, any act or thing done in contravention of such a condition shall
be deemed to have been done in contravention of the Conservation Order
relating to that place.
(6) Where an
application under subsection (1) is determined by a person in the
exercise of a power delegated by the Minister, or any condition imposed in
relation thereto on the recommendation of the Council is not acceptable, the
applicant may refer the matter in writing to the Minister and the Minister
shall determine the matter and give directions accordingly.