Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) The Commission or
a local government exercising the powers of the Commission may by notice in
writing served on the owner of any land situated in a regional order area or a
part of the State to which a regional planning scheme applies direct that
owner —
(a) to
cease any development begun, continued or carried out; or
(b) to
remove, pull down, take up or alter any building or work erected,
on that land in
contravention of the regional order or regional planning scheme.
(2) The Commission may
by notice in writing served on the owner of any land situated in a regional
planning control area direct the owner to cease any development carried out on
that land in contravention of section 37C.
(3) The Commission or
a local government exercising the powers of the Commission may, in a notice
served under subsection (1) or (2) specify a time, being not less than 40 days
after the service of that notice, within which the directions in the notice
are to be complied with.
(4) An owner on whom a
notice is served under subsection (1) or (2)may apply to the
StateAdministrative Tribunal for a review in accordance with Part V of the
Town Planning Act of any direction contained in the notice.
(5) If the
StateAdministrative Tribunal confirms or varies the direction, it may, by
notice in writing served on the owner, direct the owner to comply with the
direction as so confirmed or varied, within a period of not less than 40 days
after the service of the notice, as is specified in the notice.
[(6) repealed]
(7) When —
(a) a
notice is served under subsection (1) or (2) on an owner of any land and the
owner does not —
(i)
carry out the directions within the time specified in the
notice; or
(ii)
apply under subsection (4), within the time for making
the application, for a review of any of the directions; or
(b) on
an application by an owner of any land for a review of a direction specified
in a notice served on the owner under subsection (1) or (2), the direction is
confirmed or varied under and the owner fails to carry out the direction as
confirmed or varied under within the time specified by the StateAdministrative
Tribunal in the notice given under subsection (5),
the Commission or
local government, as the case requires, may itself cause —
(c) the
relevant development to be stopped; or
(d) the
relevant building or work to be removed, pulled down, taken up or altered.
(8) Any expenses
incurred by the Commission or a local government under subsection (7) may be
recovered from the owner of the land on which —
(a) the
relevant development was stopped; or
(b) the
relevant building or work was removed, pulled down, taken up or altered,
as a debt due in a
court of competent jurisdiction.
[Section 37J inserted by No. 59 of 1999 s. 14;
amended by No. 24 of 2002 s. 30(3)-(4); No. 55 of 2004 s. 1321.]