Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 139

139 .         Leases and licences that do not need approval under s. 136

        (1)         A person may without the approval of the Commission lease or grant a licence to use or occupy land for a term of any duration and otherwise than as a lot or lots if that lease or licence —

            (a)         belongs to a class of lease or licence for the time being approved under subsection (3) in respect of the person; and

            (b)         complies with such conditions as are imposed under subsection (3) in respect of that person.

        (2)         A person may apply to the Commission in writing for a class of lease or licence to use or occupy land to be approved under subsection (3) in respect of that person.

        (3)         On receiving an application made under subsection (2) the Commission may, having regard to —

            (a)         the nature of the interest proposed to be granted under leases or licences of the class concerned; and

            (b)         the classification or zoning of the land to which leases or licences of the class concerned will relate; and

            (c)         the proposed terms of leases or licences of the class concerned, whether for the lives of the proposed lessees or licensees or for fixed periods; and

            (d)         the anticipated number or frequency of leases or licences of the class concerned; and

            (e)         such matters other than those referred to in paragraphs (a), (b), (c) and (d) as the Commission considers relevant,

                approve the class of lease or licence concerned in respect of the applicant for the purposes of subsection (1), subject to such conditions as the Commission thinks fit to impose in respect of that approval, or refuse to approve that class.

        (4)         The Commission may at any time revoke or amend an approval given under subsection (3) by notice in writing of that revocation or amendment served on the person in respect of whom or which that approval was given.



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