Western Australian Current Acts Western Australian Current Acts (1) When an appeal is
lodged under section 100(1) or (4), the Minister may —
(a) in
the case of any appeal so lodged but subject to section 109(3)(a), dismiss the
appeal; or
[(b), (c) deleted]
(d) in
the case of an appeal referred to in section 100(1)(d) —
(i)
remit the proposal to the Authority for assessment,
further assessment or reassessment, as the case requires, and for that purpose
make a direction under section 43; or
(ii)
vary the Authority’s recommendations by changing
the implementation conditions;
or
[(da) deleted]
(db) in
the case of an appeal referred to in section 100(1)(e), deal with that appeal
under subsections (2d) and (2e); or
(e) in
the case of an appeal against a notice served under section 48(7)(b), set
aside or alter that notice; or
(f) in
the case of an appeal against the taking of any steps under section 48(7)(c)
or (d), prohibit the taking of any one or more of those steps, alter any of
those steps or substitute a different step for any of those steps,
and the decision of
the Minister under this subsection is final and without appeal.
(1a) When an appeal is
lodged under section 100(3), sections 106, 109 and 110 apply to and in
relation to the appeal as if the appeal were an appeal from a decision of the
Minister.
(2) If the Minister
remits under subsection (1)(d) a proposal to the Authority for assessment,
further assessment or reassessment and makes a direction under section 43
—
(a) such
portions of the procedure laid down by sections 40 to 48 as are appropriate
apply to the proposal; and
(b)
those portions must be completed within the period specified by the Minister
in the remittal.
[(2a)-(2c) deleted]
(2d) When an appeal is
lodged under section 100(1)(e), the Minister shall —
(a) if
the Minister considers that the decision of the appeal could affect the
content of any condition to which the relevant scheme might be subject, having
consulted the responsible Minister under section 48F(1) in respect of that
condition and, if possible, agreed with the responsible Minister on that
condition, decide the appeal in accordance with that agreement or, in the
absence of any such agreement, with the relevant decision under section 48J;
or
(b) if
the Minister does not consider that the decision of the appeal could affect
the content of any such condition, decide the appeal without consulting the
responsible Minister under section 48F(1).
(2e) A decision of the
Minister under subsection (2d) is final and without appeal.
(3) The lodging of an
appeal —
[(a) deleted]
(b)
referred to in section 100(1)(d) or (e) has the effect described in
section 45(10) or 48F(3), as the case requires; or
(c)
referred to in section 100(3) as to conditions or procedures agreed under
section 45(3) or (4) otherwise than as applied by section 46(8) prevents the
implementation of the proposal concerned; or
(d)
referred to in section 100(3) as to conditions or procedures agreed under
section 45(3) or (4) as applied by section 46(8) does not prevent the
implementation, or continued implementation, of the proposal concerned subject
to the implementation conditions; or
(e)
against a notice served under section 48(7)(b) suspends the operation of that
notice; or
(f)
against the taking of any steps under section 48(7)(c) or (d) does not prevent
the taking of those steps,
during the period
commencing with that lodging and ending with the decision of the Minister
under subsection (1) or (2d) or section 107(2).
(4) In giving a
decision under subsection (1)(f), the Minister may order that section 48(8)
does not apply to any steps to which the decision relates and that order has
effect according to its tenor.
[Section 101 amended: No. 23 of 1996 s. 23; No. 57
of 1997 s. 54(7) and (8); No. 54 of 2003 s. 24; No. 40 of 2010 s. 7; No. 40 of
2020 s. 85 and 111(1); No. 36 of 2024 s. 36.]