Western Australian Current Acts Western Australian Current Acts (1) If the Minister
considers that the implementation conditions relating to an approved proposal,
or any of them, should be amended (whether because of an amendment to the
proposal approved under section 45C or for any other reason), the Minister may
request the Authority to inquire into and report on the matter within the
period specified in the request.
(2) The Authority is
to record any request made under subsection (1) in the public record kept
under section 39.
(3) The Authority is
to carry out an inquiry in accordance with a request made under subsection
(1).
(4) Without limiting
subsection (1), if a proposal is declared under section 38E(4) to be a derived
proposal, the Authority may inquire into whether or not the implementation
conditions relating to the proposal, or any of them, should be amended.
(5) For the purposes
of an inquiry under subsection (3) or (4) the Authority has all the powers
conferred on it by Division 1 in relation to a proposal.
(6) On completing an
inquiry under subsection (3) or (4), the Authority is to prepare and give to
the Minister a report that includes —
(a) a
recommendation on whether or not the implementation conditions to which the
inquiry relates, or any of them, should be amended; and
(b) any
other recommendations that it thinks appropriate.
(7) As soon as the
Minister is reasonably able to do so after receiving copies of a report under
subsection (6), the Minister is to simultaneously cause that report to be
published, and copies of that report to be given, as if that report were a
report referred to in section 44(3).
(8) After causing a
report to be published under subsection (7), the Minister is to deal with the
question of whether or not the implementation conditions to which the report
relates, or any of them, should be amended as if that question were the
question of to what conditions and procedures, if any, the implementation of a
proposal should be subjected, and sections 45 and 45A apply to the
first-mentioned question accordingly.
(8A) Despite
subsection (8), the Minister’s obligations under section 45(3) or (4) as
applied by subsection (8) do not extend to a decision-making authority unless
the Minister considers that the report under subsection (6) recommends an
amendment to an implementation condition that would, if made, affect the
decision-making functions of that decision-making authority.
(9) A statement under
section 45(8) as applied by subsection (8) may amend any of the implementation
conditions to which the report under subsection (6) relates.
[(10) deleted]
[Section 46 inserted: No. 54 of 2003 s. 18;
amended: No. 40 of 2020 s. 29.]