PLANNING AND DEVELOPMENT ACT 2005 - SECT 245
PLANNING AND DEVELOPMENT ACT 2005 - SECT 245
245 . Submissions by Minister to SAT
(1) If it appears to
the State Administrative Tribunal that an application may be determined in a
way which will have a substantial effect on the future planning of the area in
which the land the subject of the application is situated, the State
Administrative Tribunal may invite the Minister to make a submission as to the
matters the Minister considers to be relevant to the issues before the State
Administrative Tribunal.
(2) Irrespective of
whether or not there has been an invitation under subsection (1), if it
appears to the Minister that an application may be determined in a way which
will have a substantial effect on the future planning of the area in which the
land the subject of the application is situated, the Minister may make a
submission as to the matters which the Minister considers to be relevant to
the issues before the State Administrative Tribunal.
(3) A submission may
be made by the Minister in writing or orally on behalf of the Minister by a
representative who appears at a hearing of the application, and may be made at
any time before the determination of the application.
(4) When a written
submission has been made by the Minister, a copy is to be given by the State
Administrative Tribunal to the parties who are in any case to be given an
opportunity of making further submissions to the State Administrative
Tribunal.
(5) In this section
—
(a)
where the area in which the land the subject of the application is situated
includes or comprises land or waters that are within or abut the development
control area as defined in the Swan and Canning Rivers Management Act 2006 ,
Minister includes the Minister to whom the administration of that Act is
committed; and
(b)
where the area in which the land the subject of the application is situated
includes, or is included in, or abuts any land included in a place of a kind
mentioned in the Heritage Act 2018 section 72(1), Minister includes the
Minister to whom the administration of that Act is committed.
[Section 245 amended: No. 52 of 2006 s. 6; No. 22
of 2018 s. 186(14).]