Western Australian Current Acts

SWAN VALLEY PLANNING ACT 2020 - SECT 36

36 .         General provisions about delegation under s. 34 and 35

        (1)         A delegation under section 34(2) takes effect on the day after the day on which the resolution is made or on a later day specified in the resolution.

        (1A)         The Commission must publish a copy of a resolution under section 34(2) on a website maintained by, or on behalf of, the Commission (but a failure to do this does not invalidate the delegation).

        (1B)         A subdelegation under section 35(1) takes effect on the day after the day on which the resolution is made or on a later day specified in the resolution.

        (1C)         The Swan Valley Statutory Planning Committee must publish a copy of a resolution under section 35(1) on a website maintained by, or on behalf of, the Committee (but a failure to do this does not invalidate the subdelegation).

        (2)         A person or committee exercising or performing a power or duty that has been delegated or subdelegated to the person or committee under section 34 or 35 is taken to do so in accordance with the terms of the delegation or subdelegation unless the contrary is shown.

        (3)         Nothing in section 34 or 35 limits the ability of the Commission or the Swan Valley Statutory Planning Committee to perform a function through an officer or agent.

        [Section 36 amended: No. 34 of 2023 s. 56.]