Western Australian Consolidated Acts

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960 - SECT 374AAC

374AAC .         Advice to be sought where no delegation of authority

        (1)         If the decision to approve or refuse to approve particular plans and specifications submitted under section 374 or particular unauthorised building work under section 374AA is to be made by a local government rather than a delegate, the local government must not make a decision unless it has —

            (a)         obtained advice from a person who holds a certificate of qualification under the regulations that indicates that the person could be delegated the authority by the local government to approve or refuse to approve the plans and specifications or the unauthorised building work; and

            (b)         taken that advice into account.

        (2)         The advice must consider whether the plans and specifications conform, or the unauthorised building work substantially conforms, with the requirements of this Act.

        (3)         This section does not apply where a person need not hold any qualifications to be delegated the authority to approve or refuse to approve the plans and specifications or unauthorised building work.

        [Section 374AAC inserted by No. 11 of 2007 s. 7.]