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This is a Bill, not an Act. For current law, see the Acts databases.


LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) AMENDMENT BILL 2003

                    Western Australia


 


 

ocal Government (Miscellaneous Provisions) Amendment Bill 2003 CONTENTS 1. Short title 1 2. Commencement 2 3. The Act amended 2 4. Section 159 amended 2 5. Section 374 amended 2 6. Section 401 amended 3 7. Division 9B inserted 4 8. Section 421A amended 6 240--1 page i Western Australia LEGISLATIVE ASSEMBLY Local Government (Miscellaneous Provisions) Amendment Bill 2003 A Bill for An Act to amend the Local Government (Miscellaneous Provisions) Act 1960. The Parliament of Western Australia enacts as follows: 1. Short title This Act may be cited as the Local Government (Miscellaneous Provisions) Amendment Act 2003. page 1 Local Government (Miscellaneous Provisions) Amendment Bill 2003 s. 2 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 5 3. The Act amended The amendments in this Act are to the Local Government (Miscellaneous Provisions) Act 1960*. [* Reprinted as at 28 July 1999. For subsequent amendments see Western Australian 10 Legislation Information Tables for 2002, Table 1, p. 229.] 4. Section 159 amended Section 159, given continuing effect by clause 4(2) of Schedule 9.2 to the Local Government Act 1995, is amended by inserting after paragraph (a) -- 15 " (aa) regulating the delegation of the authority to approve or refuse to approve plans and specifications submitted under section 374 and, in particular, prescribing the educational and 20 professional qualifications necessary to be held by a person before the authority to approve or refuse to approve plans and specifications for building work of a kind specified in the regulations can be delegated to that person; 25 ". 5. Section 374 amended (1) After section 374(1d) the following subsections are inserted -- " (1e) A delegation under subsection (1b) does not authorise 30 the delegate to approve or refuse to approve the plans page 2 Local Government (Miscellaneous Provisions) Amendment Bill 2003 s. 6 and specifications for building work of a particular kind unless the delegate is a person to whom the local government can, under the regulations, delegate the authority to approve or refuse to approve plans and 5 specifications for building work of that kind. (1f) In subsection (1e) -- "regulations" means the regulations under section 159 given continuing effect by clause 4(2) of Schedule 9.2 to the Local Government Act 1995. 10 ". (2) After section 374(3) the following subsection is inserted -- " (4) In proceedings for an offence against subsection (3) it is a defence if the defendant proves that, before the 15 occupation or use occurred, a certificate of substantial compliance had been issued under section 401B in respect of the work that was carried out in contravention of subsection (1). ". 20 6. Section 401 amended After section 401(1) the following subsections are inserted -- " (1a) The local government is not to give notice under subsection (1)(c) if -- 25 (a) a certificate of substantial compliance has been issued; (b) the owner has applied for the issue of a certificate of substantial compliance and the application has not been finally refused; or 30 (c) the local government has given the owner written notice inviting the owner to apply for the issue of a certificate of substantial compliance and the period (if any) specified in page 3 Local Government (Miscellaneous Provisions) Amendment Bill 2003 s. 7 the written notice for the making of the application has not yet expired. (1b) For the purposes of subsection (1a)(b) an application for the issue of a certificate of substantial compliance 5 has been finally refused if the local government has refused to issue the certificate and -- (a) no appeal from that refusal has been made under section 374(2) as applied by section 401B(6); or 10 (b) on an appeal from that refusal having been made under section 374(2) as applied by section 401B(6), the refusal has been upheld. (1c) In subsections (1a) and (1b) -- "certificate of substantial compliance" means a 15 certificate of substantial compliance under section 401B in respect of the work that has been carried out without permission. ". 7. Division 9B inserted 20 After section 401A the following Division is inserted -- " Division 9B -- Certificate of substantial compliance 401B. Application for and issue of certificate of substantial compliance 25 (1) In this section -- "building licence provisions" means -- (a) section 374(1b) to (2b); (b) section 159 given continuing effect by clause 4(2) of Schedule 9.2 to the Local 30 Government Act 1995; and page 4 Local Government (Miscellaneous Provisions) Amendment Bill 2003 s. 7 (c) the regulations under section 159 given continuing effect by clause 4(2) of Schedule 9.2 to the Local Government Act 1995; 5 "unauthorised building work" means -- (a) the erection of a building; or (b) the amendment, alteration, extension or enlargement of the structure of a building, without the specifications and plan mentioned in 10 section 374(1) being submitted to the local government as required by section 374(1). (2) The owner of a building on which unauthorised building work has been carried out may apply to the local government for the issue of a certificate of 15 substantial compliance in respect of the unauthorised building work. (3) An application under subsection (2) -- (a) is to be in the form prescribed by regulations; (b) is to be accompanied by the documents and 20 information prescribed by regulations or required by the local government; and (c) is to be accompanied by the fee prescribed by regulations. (4) The local government -- 25 (a) may, if it is satisfied that the unauthorised building work substantially conforms with the requirements of this Act, issue a certificate of substantial compliance in respect of the unauthorised building work; or 30 (b) may refuse to issue a certificate of substantial compliance in respect of the unauthorised building work. page 5 Local Government (Miscellaneous Provisions) Amendment Bill 2003 s. 8 (5) A certificate of substantial compliance may be issued subject to such conditions as are specified in it. (6) The building licence provisions (with any necessary modifications) apply in relation to the issue or refusal 5 to issue a certificate of substantial compliance as if it were the approval or refusal to approve specifications and a plan submitted to the local government under section 374(1). ". 10 8. Section 421A amended Section 421A(1) is amended by inserting after "those sections" the following -- " or under section 374(2) as applied by section 401B(6) ".

 


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