Western Australian Repealed Acts

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This legislation has been repealed.

TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 38

38 .         Qualifications of members

        (1)         The member constituting the State Administrative Tribunal, or each of them if there is more than one, is to be a person who has knowledge of and experience in one or more of the fields of urban and regional planning, architecture and urban design, engineering, surveying, environmental science, planning law, heritage matters, public administration, commerce and industry.

        [(2)         repealed]

        (3)         If the application is for a review of a decision referred to in section 8B or a decision relating to an environmental condition, the member constituting the State Administrative Tribunal, or at least one of them if there is more than one, is to be a person who has knowledge of and experience in the field of environmental science.

        (4)         Unless this subsection does not apply because of subsection (5), the State Administrative Tribunal is to be constituted by an ordinary member sitting alone when dealing with —

            (a)         an application for a review of —

                  (i)         the determination of, or conditions imposed in respect of, a planning application to commence a development of a value of less than $250 000 or such other amount as is prescribed by the regulations;

                  (ii)         the determination of, or conditions imposed in respect of, a planning application to commence a development of a single house on a single lot of a value that is less than $500 000 or such other amount as is prescribed by the regulations, or any development ancillary to that development; or

                  (iii)         the determination of, or conditions imposed in respect of, an application for approval to subdivide a lot into not more than 3 lots;

                or

            (b)         an application that the applicant, with the agreement of each other party, has elected at the time of making the application to have determined by an ordinary member sitting alone.

        (5)         Subsection (4) does not apply if the President is of the opinion that the application is likely to raise complex or significant planning issues.

        [Section 38 inserted by No. 24 of 2002 s. 11; amended by No. 55 of 2004 s. 1203.]

[ 39.         Repealed by No. 55 of 2004 s. 1204.]

[Division 2 and 3 (s. 40-46) repealed by No. 55 of 2004 s. 1205.]

        [Heading deleted by No. 55 of 2004 s. 1206.]

[ 47-52.         Repealed by No. 55 of 2004 s. 1207.]

[ 52A.         Repealed by No. 24 of 2002 s. 11.]

[ 53-54.         Repealed by No. 55 of 2004 s. 1207.]

[ 54A-54G.         Repealed by No. 24 of 2002 s. 11.]

[ 55-57.         Repealed by No. 55 of 2004 s. 1207.]



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