Western Australian Current Acts Western Australian Current Acts (1) In determining an
application in accordance with this Part the State Administrative Tribunal is
to have due regard to relevant planning considerations including —
(a) any
State planning policy which may affect the subject matter of the application;
and
(b) any
management programme for the development control area in force under the
Swan and Canning Rivers Management Act 2006 Part 4 that may affect the subject
matter of the application; and
(c) in
the case of an application that relates to the Swan Valley Planning Scheme
— the objects set out in the Swan Valley Planning Act 2020 section 5.
(2) In the case of an
application that relates to land to which the Heritage Act 2018 applies, and
whether or not a State planning policy provides for the conservation of that
land, the State Administrative Tribunal —
(a) is
to refer the matter to the Heritage Council for advice; and
(b) may
receive and hear submissions made on behalf of the Heritage Council; and
(c) may
join the Heritage Council as a party to the application; and
(d) is
to have due regard to the objects of the Heritage Act 2018 .
(3) In determining an
application for the review of the determination of, or conditions imposed in
respect of, an application for approval to subdivide a lot into not more than
3 lots, the State Administrative Tribunal may have regard to claims of
hardship raised by the applicant and proved to the satisfaction of the State
Administrative Tribunal, if the State Administrative Tribunal is of the
opinion that such regard will not affect the application of sound planning
principles.
[Section 241 amended: No. 52 of 2006 s. 6; No. 22
of 2018 s. 186(13); No. 45 of 2020 s. 90.]