Western Australian Consolidated Acts

WATER AGENCIES (POWERS) ACT 1984 - SECT 95

95 .         Authorisation for general works

        (1)         Where — 

            (a)         the Corporation has complied with the requirements of sections 93 and 94 and — 

                  (i)         no objections or comments have been received by the time specified in the notices served pursuant to section 93(1); or

                  (ii)         any objection or comment material to the proposal has been met;

                and

            (b)         the Corporation does not require the authorisation of the Minister to a deviation from the plan pursuant to section 97(4),

                the Corporation is authorised to proceed to carry out, construct or provide the general works.

        (2)         Subject to subsection (1), where the Corporation considers that the requirements of sections 93 and 94 have been complied with but that objections or comments material to the proposal have not been met by amendment of the proposal, the Corporation shall submit the proposal to the Minister informing him of the original proposal and, if it has been altered, the manner in which it has been altered and shall furnish to the Minister such plans, description, specifications, estimates or other information as the Minister may require relating thereto.

        (3)         Any question as to whether or not an interest, objection or comment is material to a proposal may be determined by the Corporation.

        (4)         After considering the proposal submitted to him pursuant to subsection (2) the Minister may — 

            (a)         authorise the carrying out, construction or provision of the proposed general works; or

            (b)         decline to authorise the proposed general works.

        (5)         Where the Minister has complied with the requirements of sections 93 and 94 and —

            (a)         no objections or comments have been received by the time specified in the notices served pursuant to section 93(1); or

            (b)         the Minister is satisfied that any objections or comments material to the proposal have been met or that it is not in the public interest that they be met,

                the Minister is authorised to proceed to carry out, construct or provide the general works.

        [Section 95 inserted by No. 25 of 1985 s. 19; amended by No. 73 of 1995 s. 42; No. 38 of 2007 s. 131.]

        [Heading inserted by No. 25 of 1985 s. 19.]