Western Australian Current Acts

SWAN VALLEY PLANNING ACT 2020 - SECT 19

19 .         Referral to Heritage Council

        (1)         This section applies to a proposed scheme or amendment that affects or may affect any land or waters in the Swan Valley if —

            (a)         the land or waters are the subject of an entry in the State Register of Heritage Places; or

            (b)         the Heritage Council has commenced a review under the Heritage Act 2018 section 40 in relation to the land or waters, but —

                  (i)         the Heritage Council has not yet made a recommendation, and has not yet decided not to make a recommendation, under that section; or

                  (ii)         the Heritage Council has made a recommendation under that section but the Minister for Heritage has not yet given a direction under section 41(1) of that Act in relation to that recommendation;

                or

            (c)         the land or waters are the subject of an entry in a local heritage survey prepared under the Heritage Act 2018 .

        (2)         As soon as practicable after preparing the proposed scheme or amendment, the Commission must refer the proposed scheme or amendment to the Heritage Council for advice.

        (3)         The Commission must not proceed, without the consent of the Minister, with the proposed scheme or amendment unless the advice of the Heritage Council has been received.