Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A local government
may appoint a person to the office of building surveyor of the local
government.
(2) If this Part
applies to the district or a part of the district of a local government, the
local government must appoint a person to the office of building surveyor of
the local government.
(3) If regulations
made for the purposes of section 373A require an occupant of the office
of building surveyor of a local government to hold a specified qualification
under the regulations, the local government must not appoint a person to the
office unless —
(a) the
person holds the appropriate certificate of qualification under the
regulations; or
(b) the
Minister approves the appointment.
(4)
Subsection (3) does not apply to a person acting temporarily in the
office of building surveyor of a local government for a period not exceeding
3 months.
(5) The Minister may,
after consultation with the local government, impose on an approval under
subsection (3)(b) a condition that the person in respect of whom the
approval is given must obtain the specified certificate of qualification under
the regulations within the time specified.
(6) The Minister may
from time to time grant an extension of the period fixed under
subsection (5) if the Minister considers that the circumstances justify
the extension.
(7) If —
(a)
approval is given by the Minister under subsection (3)(b) subject to a
condition that the person obtain a specified certificate of qualification; and
(b) at
the completion of the period within which the certificate was to be obtained,
or any extension of it —
(i)
the person appointed by the local government under that
approval still does not hold the certificate of qualification; and
(ii)
the Minister does not consider that the circumstances
justify an extension or further extension of that period,
the Minister may,
after consultation with the local government, direct the local government to
remove the person from the office and, despite anything in this Act or the
Local Government Act 1995 , the local government must comply with that
direction.
(8) A person occupying
the office of building surveyor of a local government must not be removed from
office just because the person does not hold a certificate of qualification
required by the regulations to be held by the occupant of the office.
(9) A person occupying
the office of building surveyor of a local government who does not hold a
certificate of qualification required by the regulations to be held by the
occupant of the office may, subject to section 374AAB(4), continue to
perform the functions of that office.
[Section 373B inserted by No. 11 of 2007
s. 5.]