Western Australian Current Acts Western Australian Current Acts (1) In this section
—
port authority includes —
(a) a
lessee or tenant of a port authority; and
(b) a
person acting on behalf of a port authority under an arrangement under
section 35(2).
(2) For the purposes
of port works and port facilities, the Planning and Development Act 2005
section 6 applies to a port authority as if it were an agency of the Crown in
right of the State.
(3) Without limiting
section 35(8), port works and port facilities are to be regarded as being
public works for the purposes of section 6 of the
Planning and Development Act 2005 as applied by subsection (2).
[(4), (5) deleted]
(6) If there is a
dispute between a port authority and a local government with respect to a
planning matter relating to port works or port facilities, the parties to the
dispute are to refer it to the Minister.
(7) The Minister may,
after consulting the Minister administering the
Planning and Development Act 2005 , make a decision on the dispute and that
decision is final and binding on the parties.
[Section 38 amended: No. 74 of 2003 s. 93(3); No.
38 of 2005 s. 15; No. 24 of 2011 s. 169.]
[ 39-43. Deleted: No. 13 of 2023 s. 233.]