Western Australian Current Acts Western Australian Current Acts (1) In this section
—
declaration means a declaration under subsection
(2);
specified means specified in a declaration.
(2) The Building
Commissioner may, in writing and on the application of another person declare
that —
(a) a
specified building standard does not apply to a specified building, specified
incidental structure or specified demolition work; or
(b) a
building standard that applies to a specified building, specified incidental
structure or specified demolition work is modified in a specified way.
(3) A declaration has
effect in accordance with its terms.
(4) The Building
Commissioner must not make a declaration unless satisfied that the declaration
would not result in an increased risk to people, property or the environment
and that making the declaration —
(a) is
in the public interest; or
(b) is
consistent with the purpose of any other written law or a Commonwealth law.
(5) A declaration may
be made subject to specified conditions.
(6) If a declaration
is made subject to a specified condition, the declaration has no effect at any
time when the condition is being contravened.
(7) The Building
Commissioner may, by notice in writing, revoke or amend a declaration at any
time and must serve the applicant for the original declaration with a copy of
the notice.
(8) An application for
a declaration must be made in an approved manner and form and accompanied by
—
(a) the
prescribed fee, if any, for the application; and
(b) each
other thing that is prescribed to accompany the application.
(9) The regulations
may provide for matters relating to —
(a)
dealing with applications including giving notice of the right of review under
section 120; and
(b) the
grounds for revoking or amending a declaration.
(10) The Building
Commissioner must keep a register of every declaration made and make the
register available, without charge, for public inspection.
[Section 39 amended: No. 37 of 2012 s. 10.]