Western Australian Current Acts Western Australian Current Acts (1) A person nominated
under section 38H(2) in relation to a proposal that proposes to transfer
responsibility for the proposal to another person must give written notice
advising the name of that other person —
(a) to
the Authority; or
(b) if a
statement relating to the proposal has been published under section 45(8)(b)
— to the Minister.
(2) The Authority may
—
(a)
revoke a nomination under section 38H(2) in relation to a proposal; and
(b)
nominate another person under section 38H(2) in relation to the proposal.
(3) Subsection (2)
applies even if —
(a) no
written notice has been given to the Authority under subsection (1); or
(b) the
person mentioned in subsection (2)(b) is not the person named in a written
notice given to the Authority under subsection (1).
(4) Subsections (1)
and (2) apply even if a report on the proposal has been published under
section 44(3) or a statement has been published under section 45(8)(b) but, if
a statement has been published, the powers conferred by subsection (2) must be
exercised by the Minister.
(5) Subsections (1)
and (2) do not apply if the assessment of the proposal has been terminated
under section 40A.
(6) For the purposes
of subsections (1) and (2) and section 3(2b), a person that has been notified
under section 38G(1)(b)(i) that the Authority is going to assess a proposal is
taken to have been nominated under section 38H(2) as being responsible for the
proposal whether or not such a nomination has been made.
[Section 38I inserted: No. 40 of 2020 s. 15.]