Western Australian Current Acts Western Australian Current Acts (1) A local government
must give written notice of its decision on an application made to it under
this Part to the applicant.
[(2) deleted]
(3) A notice of
refusal by a local government to approve an application made to it under this
Part must —
(a)
specify the grounds of refusal; and
(b)
inform the applicant of the right conferred by this section to apply for a
review of the refusal.
(4) Subject to this
section, an applicant may apply to the Tribunal for a review, in accordance
with the Planning and Development Act 2005 Part 14, of —
(a) a
refusal by a local government to approve an amendment or repeal of scheme
by-laws under section 22; or
(b) a
refusal by a local government to approve an application under section 23 or
24; or
(c) the
attachment of a condition to the approval of an application under section 23
or 24; or
(d) to
refuse to approve acceptance of a lease under section 25; or
(e) a
decision to refuse to approve a lease or licence under section 26.
(5) Part 13 does not
apply to a proceeding under this section (which is a proceeding within the
Tribunal’s review jurisdiction).
(6) For the purposes
of subsection (4), if a local government fails to notify its approval of an
application under this Part to the applicant within the prescribed period
after being given the application, it is taken to have refused the application
at the end of that period.
(7) An application
under subsection (4) may be made within 30 days after the day on which the
applicant is given notice of the refusal or attachment of a condition or
within 30 days after the expiration of the prescribed period referred to in
subsection (6), as the case may be.
(8) In this section
—
prescribed period
means 40 days or, if some other period is specified in the regulations, that
period.
[Section 28, formerly section 26, amended: No. 84
of 1994 s. 46; No. 58 of 1995 s. 28, 95 and 96; No. 14 of 1996 s. 4; No. 24 of
2002 s. 28(3)-(9); No. 55 of 2004 s. 1117; No. 38 of 2005 s. 15; No. 24 of
2011 s. 174(10) and (11); amended, renumbered as section 28 and relocated: No.
30 of 2018 s. 30 and 84.]
[Former section 28 renumbered as section 166 and relocated to Part 11 Division
1: No. 30 of 2018 s. 84.]
[Heading inserted: No. 30 of 2018 s. 83.]
[Heading inserted: No. 30 of 2018 s. 83.]