Western Australian Current Acts Western Australian Current Acts (1) In this section
—
commencement means the coming into operation of
section 45 of the amending Act;
existing application means an application for a
clearing permit made under section 51E before the commencement that has
neither been withdrawn nor dealt with under section 51E(3) or (5) before the
commencement.
(2) On and from the
commencement an existing application is taken to have been the referral under
and in accordance with section 51DA(2) (the deemed referral ) of a proposal
for the clearing specified in the existing application.
(3) If the CEO did not
comply with section 51E(4)(c) in relation to an existing application before
the commencement, section 51DA(3) to (6) apply to the deemed referral, and if
the person who made the existing application —
(a)
receives notice under section 51DA(5) that the CEO has decided that a clearing
permit is needed for the proposed clearing; or
(b) does
not receive any notice under section 51DA(5) within the period of 21 days
beginning on the commencement,
the person may, in
writing, request the CEO to treat the deemed referral as an application for a
clearing permit under section 51E(1).
(4) If the CEO
complied with section 51E(4)(c) in relation to an existing application before
the commencement, the person who made the existing application is taken to
have —
(a)
received notice under section 51DA(5) that the CEO has decided that a clearing
permit is needed for a proposed clearing; and
(b)
requested the CEO under section 51DA(8) to treat the deemed referral as an
application for a clearing permit under section 51E(1).
(5) If a request is
made under subsection (3), or if subsection (4) applies, the deemed referral
is to be treated as an application for a clearing permit under section 51E,
and section 51DA(9) does not apply.
[Section 133C inserted: No. 40 of 2020 s. 101.]