Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), where any place is entered in the Register, a person
who —
(a)
damages or despoils that place or any part of, or thing in, that place; or
(b)
removes any thing from that place,
or who authorises,
causes or permits any other person to do any of those things, otherwise than
in the course of works of the kind referred to in section 63 or which are
authorised by a decision-making authority pursuant to this Act, commits an
offence.
Penalty: $5 000.
Daily penalty: $500.
(2) A person may, on
payment of the prescribed fee, make application to the Council in writing for
a permit authorising the doing of any thing that might otherwise contravene
subsection (1) but would not contravene any applicable Conservation
Order.
(3) The Council shall
within 60 days of the receipt of the application, or such longer period
as the Minister may authorise, grant the permit, either unconditionally or
subject to specified conditions, or, after giving the applicant reasonable
opportunity to show cause to the contrary, refuse the application.
(4) Without prejudice
to the generality of subsection (3), the conditions imposed shall be
referred to or set out in the permit and may include conditions of the
kind referred to in section 64(4) or may require that prior to the
carrying out of any works or the doing of any thing to which the application
relates the applicant shall —
(a)
cause a notice setting out details of the proposal to be —
(i)
served on the local government of the district in which
the land is situate;
(ii)
continuously displayed in a conspicuous position on the
land or building concerned;
(iii)
given to any person; or
(iv)
published in a newspaper, or otherwise as the Council may
determine;
(b)
invite persons by that notice to lodge submissions with the Council or with a
person approved by the Council; and
(c)
furnish a report by a person approved by the Council on any such proposal and
submissions, and as to the extent to which the application, if refused, would
affect the reasonable or economic use of the land or any building, or any
other land, or would cause undue financial hardship to the owner, or any other
person, or as to any of those or other matters.
(5) Where the Council
does not notify the applicant within 60 days of the receipt of the
application —
(a) of
its decision; or
(b) of
the longer period authorised by the Minister as that within which the decision
is to be made,
or does not notify the
applicant of its decision prior to the expiry of that longer period, the
applicant may warn the Council that the applicant is being adversely affected
by the delay and if the Council does not then notify the applicant of its
decision within 14 days of that warning the Council shall be deemed to
have granted a permit in respect of the application.
(6) Where any
condition imposed is not acceptable to the applicant, the applicant may refer
the matter to the Minister who shall determine the matter and give directions
accordingly.
[Section 79 amended by No. 14 of 1996
s. 4.]