Western Australian Current Acts Western Australian Current Acts (1) The permit
authority to which an application for a demolition permit is made must grant
the demolition permit if it is satisfied —
(a) that
the applicant has complied with section 16; and
(b) if
the person mentioned in section 16(c) is required under another written law to
have an authority under that law to do the demolition work, that the person
has that authority; and
(c) that
the demolition work will comply with each applicable building standard; and
(d) if
the demolition work may adversely affect land beyond the boundaries of the
land on which the work is proposed to be done, that there is compliance with
section 77; and
(e) that
any part of the building or incidental structure that is the subject of the
application which is proposed to remain as a permanent retaining or other
protection structure is suitable for that purpose; and
(f) that
the applicant satisfies the insurance requirements prescribed by regulation or
under any other written law in respect of the demolition work; and
(g) that
any building services levy required to be paid in respect of the demolition
permit under regulations mentioned in the Building Services (Complaint
Resolution and Administration) Act 2011 Part 7 Division 2 has been paid; and
(h) if a
levy is imposed by the Building and Construction Industry Training Levy Act
1990 in respect of the demolition work, that the levy has been paid; and
(i)
that the permit authority has complied with the
provisions of the Heritage Act 2018 in relation to the application and that
the demolition permit, if granted, would not be inconsistent with an order,
agreement or permit under that Act except to the extent allowed by that Act;
and
(j) that
the applicant has obtained in relation to the demolition work each authority
under a written law that is prescribed for the purposes of this paragraph; and
(k) that
the applicant has complied or is complying with each authority mentioned in
paragraph (j); and
(l) that
the applicant, in relation to the demolition work, has complied or is
complying with each provision of a written law that is prescribed for the
purposes of this paragraph; and
(m) that
the applicant, in relation to the demolition work, has complied or is
complying with each provision of a local government policy or requirement, not
being a written law, that is prescribed for the purposes of this paragraph;
and
(n) that
each notification that is prescribed for the purposes of this paragraph to be
given in relation to the demolition work has been given; and
(o) that
the applicant has complied with each other prescribed requirement for the
granting of a demolition permit.
(2) A permit authority
to which an application for a demolition permit is made must not grant the
demolition permit unless it is satisfied as to each of the matters mentioned
in subsection (1)(a) to (o).
[Section 21 amended: No. 37 of 2012 s. 35; No. 22
of 2018 s. 183(3).]