Western Australian Current Acts Western Australian Current Acts (1) The Commission may
—
(a) by
notice in writing served on a person who is undertaking any development in
contravention of section 25, direct the person to stop doing so immediately;
or
(b) by
notice in writing served on a person who has undertaken any development in
contravention of that section, direct the person within a period not less than
21 days after the service of the notice, as is specified in the notice, to
remove, pull down, take up, or alter any development undertaken in
contravention of that section,
or may by one notice
give both directions to a person.
(2) A person on whom a
notice is served containing a direction under subsection (1)(b) may apply to
the State Administrative Tribunal for a review, in accordance with Part 14 of
the Planning and Development Act 2005 , of the decision to give the
direction.
(3) A notice
containing a direction under subsection (1)(b) is suspended as to that
direction pending the determination of the application.
(4) If the State
Administrative Tribunal confirms or varies the direction, it may, by notice in
writing served on the person, direct the person to comply with the direction
as so confirmed or varied, within a period not less than 21 days after the
service of the notice, as is specified in the notice.
(5) A person must
comply with a notice given to the person under this section.
Penalty: $50 000, and a daily penalty of $5 000.
(6) If a person fails
to comply with a notice given to the person under subsection (1)(b), the
Commission, after the expiry of the period within which an application may be
made under subsection (2) and subject to the determination of any such appeal,
may itself remove, pull down, take up or alter the development and may recover
from the person the costs incurred by the Commission in so doing as a debt in
a court of competent jurisdiction.
[Section 31 amended: No. 24 of 2002 s. 25; No. 55
of 2004 s. 515; No. 38 of 2005 s. 15.]