Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
Building Code means the latest edition of the
Building Code of Australia published from time to time by, or on behalf of,
the Australian Building Codes Board, as amended from time to time, but not
including explanatory information published with that Code;
performance requirements means the provisions of
the Building Code that set out the technical requirements in accordance with
which buildings must be built;
port authority includes —
(a) a
lessee or tenant of a port authority; and
(b) a
person acting on behalf of a port authority under an arrangement under
section 35(2);
responsible Minister means —
(a) in
relation to a planning matter, the Minister administering the
Planning and Development Act 2005 ;
(b) in
relation to a building matter, the Minister administering the
Local Government (Miscellaneous Provisions) Act 1960 .
(2) For the purposes
of port works and port facilities —
(a)
section 6 of the Planning and Development Act 2005 ; and
(b)
section 373(3) of the Local Government (Miscellaneous Provisions)
Act 1960 ,
apply to a port
authority as if it were an agency of the Crown in right of the State.
(3) Without limiting
section 35(8), port works and port facilities are to be regarded as being
public works for the purposes of section 6 of the
Planning and Development Act 2005 as applied by subsection (2)(a).
(4)
Subsection (2)(b) does not prevent the application of the performance
requirements of the Building Code to a building or building work to which they
would otherwise apply.
(5) A port authority
is to consult with the relevant local government before and during the
carrying out of building work to ensure that the performance requirements of
the Building Code are applied in accordance with subsection (4).
(6) If there is a
dispute between a port authority and a local government with respect to a
planning or building matter relating to port works or port facilities, the
parties to the dispute are to refer it to the Minister.
(7) The Minister may,
after consulting the responsible Minister, make a decision on the dispute and
that decision is final and binding on the parties.
[Section 38 amended by No. 74 of 2003
s. 93(3); No. 38 of 2005 s. 15.]