Western Australian Numbered Acts

PERRY LAKES REDEVELOPMENT ACT 2005 (NO. 43 OF 2005) - SECT 36

36 .         Building laws, operation of

        (1)         In this section —

        “building laws” means —

            (a)         the Local Government (Miscellaneous Provisions) Act 1960 Part XV, other than Part XV Division 20; and

            (b)         regulations made under Part XV Division 20 of that Act;

        “Housing Minister” means the Minister of the Crown to whom the Governor has for the time being committed the administration of the Local Government (Miscellaneous Provisions) Act 1960 Part XV;

        “relevant local government” means the local government of the district in which the Perry Lakes land is situated.

        (2)         In so far as the building laws apply to or in respect of any building that is or may be constructed, or to any activity that is or may be carried out, on the Perry Lakes land, the building laws apply until but not including completion day as if —

            (a)         any reference in them to the local government were instead a reference to the Housing Minister; and

            (b)         any reference in them to the chief executive officer of the local government were instead a reference to the Housing Minister.

        (3)         Until but not including completion day, the Housing Minister has and may perform any function under the building laws that the relevant local government has in respect of any building that is or may be constructed, or of any activity that is or may be carried out, on the Perry Lakes land.

        (4)         On completion day any decision made under the building laws by the Housing Minister in respect of any matter connected with the Perry Lakes land has effect as if it had been made by the relevant local government.

        (5)         On or as soon as practicable after completion day the Housing Minister must give the relevant local government —

            (a)         a copy of any approval, licence or other document issued by the Housing Minister under the building laws in respect of any matter connected with the Perry Lakes land;

            (b)         any application that has been made under the building laws to the Housing Minister in respect of any matter connected with the Perry Lakes land and that has not been decided by the Housing Minister;

            (c)         any fee received by the Housing Minister in respect of any such application; and

            (d)         any other document received by the Housing Minister under the building laws in respect of any matter connected with the Perry Lakes land.

        (6)         On receiving an application referred to in subsection (5)(b), the relevant local government must deal with it as if it had been made to the local government.