Western Australian Current Acts Western Australian Current Acts (1) The permit
authority to which an uncertified application is made must decide whether or
not to grant the building permit —
(a) if
there is no requirement under section 18(1), before the expiration of the
period —
(i)
that is prescribed for the purposes of this subsection
for the classification of the building that is the subject of the application;
and
(ii)
starting on the day after the application is made;
or
(b) if
there is a requirement under section 18(1) that is complied with within the
specified time, before the expiration of the balance of the period mentioned
in paragraph (a)(i) starting on the day after the compliance.
(2) The permit
authority to which a certified application or an application for a demolition
permit is made must decide whether or not to grant the building permit or
demolition permit —
(a) if
there is no requirement under section 18(1), before the expiration of the
period —
(i)
that is prescribed for the purposes of this subsection
for the classification of the building that is the subject of the application;
and
(ii)
starting on the day after the application is made;
or
(b) if
there is a requirement under section 18(1) that is complied with within the
specified time, before the expiration of the balance of the period mentioned
in paragraph (a)(i) starting on the day after the compliance.
(3) If the permit
authority has not made a decision in the time mentioned in subsection (1) or
(2) the permit authority is to be taken to have refused to grant the building
permit or demolition permit.
(4) If the permit
authority has not made a decision within the time mentioned in subsection (1)
or (2) —
(a) the
permit authority must refund to the applicant the fee mentioned in
section 16(l) that accompanied the application; and
(b) the
amount of the fee paid is recoverable in any court of competent jurisdiction
as a debt due to the applicant.
(5) Subsection (4)
does not apply —
(a) if
the permit authority refuses to consider the application because the applicant
has not complied with a requirement under section 18(1) within the specified
time; or
(b) if
the permit authority has referred the application in accordance with the
Heritage Act 2018 but the Heritage Council has not provided its advice within
the time mentioned in subsection (1) or (2).
(6) Despite subsection
(3) and section 18(2), the permit authority may decide whether or not to grant
the building permit or demolition permit, and may give the applicant written
notice of its decision, after the period applicable under subsection (1) or
(2), or the time specified under section 18(1), has expired, and the validity
of the decision is not affected by the expiry.
[Section 23 amended: No. 37 of 2012 s. 8; No. 22
of 2018 s. 183(4).]