Western Australian Current Acts Western Australian Current Acts [(1) deleted]
(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
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 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 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 decision in relation to a proposal if the decision
is made under the Aboriginal Heritage Act 1972 .
[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. 33.]