Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
responsible authority means —
(a) in
relation to land that is subject to a local planning scheme — the local
government responsible for the enforcement of the observance of the scheme;
and
(b) in
relation to land that is subject to an improvement scheme or the Swan Valley
Planning Scheme — the Commission.
(1) Before a person
who is subdividing land commences to construct and drain roads or construct
artificial waterways shown in the diagram or plan of survey, that person is to
give to the responsible authority —
(a)
drawings showing longitudinal and cross sections of the proposed road or
artificial waterway; and
(b)
specifications of the proposed road or artificial waterway; and
(c) such
other information including information relating to levels, drainage, nature
of soil, and physical features as the responsible authority requires.
(2) A person who does
not comply with subsection (1) commits an offence.
(3) The responsible
authority may by written notice require the person subdividing the land
—
(a) to
amend the drawings or specifications or both; and
(b) to
comply with such further conditions as the responsible authority thinks fit to
impose in respect of the proposed road or waterway,
for the purpose of
ensuring that the construction and drainage of the road or construction of the
artificial waterway is consistent with the approval of the Commission.
(4) Without limiting
the powers conferred on a responsible authority by subsection (3), where
—
(a) a
person delivers drawings and specifications of a proposed road or artificial
waterway to a responsible authority under subsection (1); and
(b) the
proposed road or artificial waterway, if constructed in accordance with those
plans and specifications, would not satisfy the minimum standards fixed under
section 169 applicable to the proposed road or artificial waterway,
the responsible
authority is to by written notice require the person to so amend the drawing
or specifications, or both, as to cause the proposed road or artificial
waterway to satisfy those minimum standards.
(5) A person who is
aggrieved by a requirement of the responsible authority made under subsection
(3) may apply to the State Administrative Tribunal for a review, in accordance
with Part 14, of the responsible authority’s decision.
(6) A person who does
not comply with a requirement of a responsible authority made by written
notice given to that person under subsection (3) commits an offence.
[Section 170 amended: No. 28 of 2010 s. 15; No. 45
of 2020 s. 80.]
[Heading inserted: No. 28 of 2010 s. 43.]
[Heading inserted: No. 28 of 2010 s. 43.]