Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) This section
applies to an application if the Minister considers that the application
raises issues of such State or regional importance that it would be
appropriate for the application to be determined by the Minister.
(2) The Minister may
direct —
(a) the
President to refer an application to which this section applies to the
Minister for determination; or
(b) the
State Administrative Tribunal to hear the application but, without determining
it, refer it with recommendations to the Minister for determination.
(3) The Minister
cannot give a direction under subsection (2) —
(a) in
respect of an application made under the Heritage of Western Australia Act
1990 ;
(b) more
than 14 days after the application was made to the State Administrative
Tribunal; or
(c)
after a final determination has been made in relation to the application.
(4) The Minister,
within 14 days after a direction is given, is to cause a copy of it to be
published in the Gazette and, as soon as is practicable, is to cause a copy of
it to be laid before, or transmitted in accordance with section 72(1) to the
Clerk of, each House of Parliament.
(5) If the Minister
gives a direction under subsection (2)(a), each party to the proceeding may
present the case of that party to the Minister.
(6) The Minister is to
have regard to the submissions of the parties and may have regard to any other
submission received by the Minister.
(7) A copy or
transcript of any submission to which the Minister has regard is to be —
(a)
given to each party; and
(b)
published in the manner prescribed by regulations made under section 34.
[Section 70 inserted by No. 24 of 2002 s. 11;
amended by No. 55 of 2004 s. 1218.]