Western Australian Current Acts Western Australian Current Acts (1) In this section
—
planning scheme includes any other instrument that
regulations made under the State Administrative Tribunal Act 2004 specify to
be a planning scheme for the purposes of subsection (3).
(2) This Part applies
if a written law or a planning scheme or any other written law gives the State
Administrative Tribunal jurisdiction to carry out a review in accordance with
this Part.
(3) Even if a planning
scheme does not expressly give a person a right to apply to the State
Administrative Tribunal for a review, in accordance with this Part, of a
decision or matter, the planning scheme is to be taken to give that right if
—
(a) the
planning scheme is expressed as conferring on the person a right to appeal
against the decision, or to refer the matter, under this Act; or
(b) the
planning scheme is expressed as conferring on the person a right to appeal or
apply for review in respect of the matter and the matter involves the exercise
by the responsible authority of a discretionary power.
(4) Subsection (3)
applies even if the planning scheme provides for the appeal, referral or
application to be made otherwise than to the State Administrative Tribunal or,
in the circumstances described in paragraph (b) of that subsection, otherwise
than in accordance with this Part.
(5) A provision in a
planning scheme of the kind described in subsection (3)(a) or (b) has no
effect other than the effect given to that provision by subsection (3).