Western Australian Current Acts Western Australian Current Acts (1) In this section
—
owner , in relation to land, has a meaning
affected by section 18(1) and (1a);
party , to an application, means —
(a) the
applicant; and
(b) any
other party to proceedings in the State Administrative Tribunal arising from
the application.
(2) If an application
is made to the State Administrative Tribunal under section 18(5) for review of
a decision of the Minister made under section 18(3) or (6A), the Premier may
determine the application if the Premier considers that the application raises
issues of such State or regional importance that it would be appropriate for
the application to be determined by the Premier.
(3) The Premier may
—
(a)
direct the President of the State Administrative Tribunal to refer the
application to the Premier for determination; or
(b)
direct the State Administrative Tribunal to hear the application and then,
without determining it, refer it, with recommendations, to the Premier for
determination.
(4) The Premier cannot
give a direction under subsection (3) —
(a) more
than 14 days, or any longer period prescribed by the regulations, after the
application is made to the State Administrative Tribunal; or
(b)
after a final determination has been made in relation to the application.
(5) If the Premier
gives a direction under subsection (3), the Premier —
(a)
must, within 14 days after the direction is given, give a copy of the
direction to each party to the application and to the owner of the land the
subject of the application if the owner is not a party; and
(b) may
give a copy of the direction to any native title party in relation to the land
that is not a party to the application; and
(c)
must, as soon as is practicable, cause a copy of the direction to be laid
before each House of Parliament.
(6) The Premier may
suspend the decision the subject of the application, in which case the
decision is, while it is suspended, taken not to have been made. A suspension
cannot extend beyond when the exercise of the power under subsection (9) has
taken effect.
(7) If the Premier
gives a direction under subsection (3)(a), the owner of the land the subject
of the application, and each native title party in relation to the land, may
make written submissions to the Premier.
(8) In determining the
application, the Premier —
(a) must
take into account submissions made under subsection (7); and
(b) must
have regard to the general interest of the community; and
(c) may
take into account any other matter that the Premier considers relevant.
(9) In determining the
application, the Premier must do 1 of the following —
(a) if
the decision the subject of the application was to give, amend or confirm a
consent —
(i)
confirm the decision the subject of the application;
(ii)
amend the consent by amending the conditions to which it
is subject, imposing new conditions or changing the specification of the land
to which it relates;
(iii)
revoke the consent;
(iv)
revoke the consent and give a new consent;
(b)
otherwise —
(i)
confirm the decision the subject of the application;
(ii)
give a consent;
(iii)
reverse the decision.
(10) On determining
the application, the Premier —
(a) must
give written reasons for the determination to each party to the application
and to the owner of the land the subject of the application if the owner is
not a party; and
(b) may
give written reasons for the determination to any native title party in
relation to the land that is not a party to the application; and
(c)
must, as soon as is practicable, cause a copy of those reasons to be laid
before each House of Parliament.
(11) A consent given
under subsection (9)(a)(iv) or (b)(ii) —
(a) is
taken to have been given under section 18(3)(a), except that section 18(5)
does not apply in relation to the decision to give the consent; and
(b) is
subject to the condition in section 18(6)(c).
(12) The regulations
may provide for —
(a)
procedural matters for the purposes of this section; and
(b)
timeframes for doing things under or for the purposes of this section, or for
performing functions under this section, including by —
(i)
prescribing time limits within which a thing required or
permitted to be done must be done; and
(ii)
prescribing time limits within which a function must be
performed; and
(iii)
providing for the extension of such time limits.
(13) Regulations under
subsection (12) may be made in relation to hearings referred to in subsection
(3)(b) and, to the extent necessary for such regulations, the
State Administrative Tribunal Act 2004 section 92 is excluded.
[Section 18A inserted: No. 23 of 2023 s. 15.]