Western Australian Current Acts Western Australian Current Acts [(1) deleted]
(1A) In this section
—
restricted decision means a decision of a
prescribed class.
(2) A decision-making
authority that —
(a) has
referred a proposal to the Authority under section 38; or
(b) has
been required under section 38A(1) to refer a proposal to the Authority,
shall not make any
restricted decision that could have the effect of causing or allowing the
proposal to be implemented until —
(c) it
is informed under section 38G(1)(b)(iii) that the Authority is not going to
assess the proposal; or
(d) an
authority is served on it under section 45(12),
as the case requires.
(3) Without limiting
subsection (2), a decision-making authority that has been given notice under
section 38G(1)(b)(iii) or (5) that a proposal is going to be or is being
assessed is not to make any restricted decision that could have the effect of
causing or allowing the proposal to be implemented without having had an
authority under section 45(12) served on it.
(4) Subsections (2)
and (3) do not apply to a restricted decision in relation to a proposal if the
effect of the decision would be to cause or allow the doing of minor or
preliminary work to which the Authority has consented under section 41A(3).
(5) Subsections (2)
and (3) do not apply to a restricted decision in relation to a proposal if the
decision is made under the Aboriginal Heritage Act 1972 .
(6) Regulations made
for the purposes of the definition of restricted decision in subsection (1A)
may (without limitation) describe a class of decision by reference to any of
the following —
(a) the
written law, or the provision of a written law, under which the decision is
made;
(b) the
agreement to which the State is a party and which is ratified or approved by
an Act, or the provision of such an agreement, under which the decision is
made;
(c) the
public authority which has the power or duty to make the decision;
(d) any
characteristic of, or other circumstance or matter relating to, the proposal
in relation to which the decision is made.
Note for this section:
Section 41A makes it
an offence for a person to do anything to implement a proposal in the
circumstances set out in that section. The offence applies even if the person
is acting under a decision of a decision-making authority that this section
did not preclude the decision-making authority from making.
[Section 41 amended: No. 54 of 2003 s. 11; No. 40
of 2010 s. 14; No. 40 of 2020 s. 22; No. 27 of 2021 s. 348(2); No. 23 of 2023
s. 28; No. 36 of 2024 s. 13 and 33.]