Western Australian Consolidated Acts Western Australian Consolidated Acts (1) No person shall
commence to take down a building or part of a building until he has submitted
to the local government an application in prescribed form and the local
government has approved the application and issued a licence for the work.
(2) Subject to
subsection (2a), the local government shall not refuse an application
made under subsection (1), but may include in the licence issued by it
for the work, such conditions as it considers necessary for the safe and
proper execution of the work.
(2a) Where the
Heritage of Western Australia Act 1990 applies to any land —
(a) if
the land is subject to —
(i)
an Order under Part 6 of that Act; or
(ii)
an Order in Council made under section 80 of that
Act,
the local government
shall refuse an application made under subsection (1); and
(b) in
any other case, the local government shall, in accordance with section 11
and section 78 of that Act, refer the application to the Heritage Council
and have regard to any advice furnished by the Heritage Council.
(3) Except where the
condition was by reason of the operation of section 78(4) of the Heritage
of Western Australia Act 1990 imposed so as to be consistent with
conditions imposed under that Act in relation to a related or similar matter
that affects all or part of the same land, any person who is dissatisfied with
the conditions included by a local government in a licence issued under this
section may apply to the State Administrative Tribunal for a review of the
decision of the local government as to the conditions of the licence.
[Section 374A inserted by No. 83 of 1969
s. 14; amended by No. 97 of 1990 s. 8; No. 14 of 1996
s. 4; No. 55 of 2004 s. 663.]