Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The authority to
approve or refuse to approve —
(a)
plans and specifications submitted under section 374; or
(b)
unauthorised building work under section 374AA,
may be delegated by a
local government to a person, but if the plans and specifications so submitted
conform, or the unauthorised building work conforms, to —
(c) all
local laws in force in the relevant district or part of a district in respect
of building matters, and the local government’s pre-determined policy in
respect of building matters; and
(d) all
local laws and schemes in force in the relevant district or part of a district
in respect of town and regional planning matters, and the local
government’s pre-determined policy in respect of town and regional
planning matters,
the delegate must not
refuse to approve the plans and specifications or the unauthorised building
work without first obtaining the consent of the local government.
(2) Regulations may be
made regulating the delegation of the authority to approve or refuse to
approve plans and specifications or unauthorised building work.
(3) Without limiting
subsection (2), regulations made for the purposes of subsection (2)
may —
(a)
prescribe the educational and professional qualifications (if any), and (where
relevant) the certificates evidencing those qualifications, that must be held
by a person before the authority to approve or refuse to approve —
(i)
plans and specifications for building work; or
(ii)
unauthorised building work,
of a kind specified in
the regulations can be delegated to that person;
(b)
constitute a committee with the functions of assessing applications for
certificates of qualification and granting certificates to applicants it
determines have —
(i)
the prescribed qualifications or equivalent interstate
and overseas qualifications; or
(ii)
for a particular type of certificate —
sufficient knowledge and experience to qualify them to carry out the functions
of persons who hold certificates of that type;
(c)
provide for the committee to require that an applicant’s qualifications
or knowledge and experience be assessed by another person or body before the
committee makes a determination about those qualifications or that knowledge
and experience;
(d)
provide the grounds upon which, and the manner in which, those certificates
may be cancelled by the committee;
(e)
provide for applications to be made to the State Administrative Tribunal for
the review of decisions of the committee; and
(f)
prescribe fees payable in respect of assessing applications and granting
certificates.
(4) A delegation under
subsection (1) does not authorise the delegate to approve or refuse to
approve —
(a)
plans and specifications for building work; or
(b)
unauthorised building work,
of a particular kind
unless the delegate is a person to whom the local government can, under the
regulations referred to in subsection (2), delegate the authority to
approve or refuse to approve plans and specifications for building work, or
unauthorised building work, of that kind.
(5) A delegation under
subsection (1), and any variation or revocation of it, must be in writing
executed by the local government.
(6) A person to whom
authority is delegated under this section cannot delegate that authority.
(7) A person
exercising an authority that has been delegated to the person under this
section is to be taken to do so in accordance with the terms of the delegation
unless the contrary is shown.
(8) Nothing in this
section limits the ability of a local government to exercise its authority
under section 374.
(9) An authority
delegated by a local government under subsection (1) and exercised by the
delegate is to be taken to have been exercised by the local government.
[Section 374AAB inserted by No. 11 of 2007
s. 7.]