Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where any land is
entered in the Register all —
(a)
applications for approval of development in a planning control area made under
Part 7 of the Planning and Development Act 2005 ;
(b)
applications for approval under section 135, 136 or 162, or
approvals for the purposes of section 147, of the Planning and
Development Act 2005 ;
(c)
licence applications under section 374 or 374A of the Local
Government (Miscellaneous Provisions) Act 1960 ;
(d)
applications for a certificate of approval under section 25 of the Strata
Titles Act 1985 ; and
(e)
other prescribed applications,
then before a
decision-making authority in respect of that land shall, except in so far as
the Council may otherwise in writing agree with the decision-making authority,
not be further proceeded with until the application in question has been
referred by the decision-making authority to the Council and the advice of the
Council received.
(2) Upon any land
being entered in the Register as an interim registration, if an approval or
licence in respect of that land is of a kind in respect of which a pending
application would have been referred to the Council under subsection (1)
or is an instrument of a prescribed kind which is in force, the operation of
that approval, licence or instrument —
(a)
shall be taken to be thereby suspended but may, if the Council gives notice in
writing of its consent to the holder, be acted upon in such manner as the
Council may authorise in that notice;
(b)
shall not be given effect to, except in so far as paragraph (a) may
authorise, until the interim registration ceases; and
(c) is
subject thereafter to any condition imposed by the Council when giving its
consent.
(3) Upon any place
being entered in the Register on a permanent basis, all applications,
approvals, licences and instruments of a kind referred to in
subsection (1) or subsection (2) are deemed to be thereby revoked
and shall not be given effect to, but the operation of this subsection does
not prejudice the right of a person in whose name such an application had been
made or who was the holder of such an approval, licence or instrument to make
a fresh application.
(4) Where a
decision-making authority grants an application under any written law in
relation to any land, or any works or thing, to which a permit granted subject
to conditions imposed by the Minister or the Council under this Act applies,
any conditions imposed by the decision-making authority in relation to a like
matter shall not be inconsistent with the conditions imposed under this Act.
(5) Nothing in this
Act shall be construed as requiring an application to be made for approval to
any alteration to a registered place (being a church or land within the
precinct of a church) for purposes which are of a liturgical nature where the
Council has been given 28 days notice of the proposed alterations by the
owner and the notice includes a declaration by an officer of the church
authorised by the church for that purpose that the alteration is required for
liturgical purposes.
[Section 78 amended by No. 14 of 1996
s. 4; No. 38 of 2005 s. 15.]