Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
unauthorised building work means the erection of a
building or the amendment, alteration, extension or enlargement of the
structure of a building —
(a)
which is carried out without the permission of the local government where that
permission is required; or
(b)
which is not in compliance with, or is a departure from, plans and
specifications for the building that have been approved by the local
government under section 374(1).
(2) The owner of a
building on which unauthorised building work has been carried out may apply to
the local government for the issue of a building approval certificate in
respect of the unauthorised building work.
(3) An application
under subsection (2) —
(a) is
to be in the form prescribed by regulations;
(b) is
to be accompanied by the documents and information prescribed by regulations
or required by the local government; and
(c) is
to be accompanied by the fee prescribed by regulations.
(4) The local
government —
(a) may,
if it is satisfied that the unauthorised building work substantially conforms
with the requirements of this Act, issue a building approval certificate in
respect of the unauthorised building work; or
(b) may
refuse to issue a building approval certificate in respect of the unauthorised
building work.
(5) A building
approval certificate may be issued subject to such conditions as are specified
in it.
(6)
Section 374(2a) and (2b) (with any necessary modifications) apply in
relation to the issue or refusal to issue a building approval certificate as
if it were the approval or refusal to approve specifications and a plan
submitted to the local government under section 374(1).
[Section 374AA inserted by No. 11 of 2007
s. 7.]