Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister may
from time to time request a town planning authority, that is to
say —
(a) the
Minister to whom the Governor has for the time being committed the
administration of the Planning and Development Act 2005 ;
(b) the
Western Australian Planning Commission established under the
Planning and Development Act 2005 ;
[(c) deleted]
(d) a
responsible authority within the meaning given to that expression by the
Planning and Development Act 2005 ; or
(e) any
other body prescribed for the purposes of this section,
to submit to the
Minister particulars of —
(f) each
application or proposal for the exercise of a power to
approve —
(i)
a local planning scheme;
(ii)
an interim development order;
(iii)
the subdivision or amalgamation of any lot or lots;
(iv)
the development of any land;
(v)
the change of use of any land adjacent to any river,
inlet or estuary;
or
(g) such
type or class only of those applications and proposals as the Minister
specifies in the request,
which relates to land
in a management area, and the person or body so requested shall thereupon
cause the request made by the Minister to be complied with.
(2) Where particulars
of an application or proposal referred to in subsection (1) are submitted
to the Minister pursuant to that subsection —
(a) the
Minister shall consider the matters so submitted and may for that purpose
consult with the town planning authority; and
(b) the
Minister shall furnish the town planning authority with the Minister’s
recommendations in writing as to whether the application or proposal ought to
be carried into effect and whether or to what extent the Minister considers
that the application or proposal ought to be modified, and the reasons on
which the Minister’s recommendations are based.
(3) The Minister may
at any time after the Minister has given the recommendations to the town
planning authority under subsection (2), publish in any manner which the
Minister considers appropriate the terms of those recommendations.
(4) In considering any
request or proposal referred to the Minister under subsection (1), and in
making recommendations and generally exercising powers under
subsection (2), the Minister shall, in particular, have regard to the
terms of any relevant management programme for the area.
(5) Unless and until
the town planning authority has received and considered the recommendations of
the Minister under this section, it shall not exercise any power of the kind
referred to in subsection (1) in relation to any such land.
[Section 36 amended by No. 84 of 1994
s. 46; No. 57 of 1997 s. 127; No. 38 of 2005 s. 15;
No. 38 of 2007 s. 157 and 188.]