Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PLANNING AND DEVELOPMENT ACT 2005 - SECT 245

245 .         Submissions by Minister to SAT

        (1)         If it appears to the State Administrative Tribunal that an application may be determined in a way which will have a substantial effect on the future planning of the area in which the land the subject of the application is situated, the State Administrative Tribunal may invite the Minister to make a submission as to the matters the Minister considers to be relevant to the issues before the State Administrative Tribunal.

        (2)         Irrespective of whether or not there has been an invitation under subsection (1), if it appears to the Minister that an application may be determined in a way which will have a substantial effect on the future planning of the area in which the land the subject of the application is situated, the Minister may make a submission as to the matters which the Minister considers to be relevant to the issues before the State Administrative Tribunal.

        (3)         A submission may be made by the Minister in writing or orally on behalf of the Minister by a representative who appears at a hearing of the application, and may be made at any time before the determination of the application.

        (4)         When a written submission has been made by the Minister, a copy is to be given by the State Administrative Tribunal to the parties who are in any case to be given an opportunity of making further submissions to the State Administrative Tribunal.

        (5)         In this section —

            (a)         where the area in which the land the subject of the application is situated includes or comprises land or waters that are within or abut the development control area as defined in the Swan and Canning Rivers Management Act 2006 , Minister includes the Minister to whom the administration of that Act is committed; and

            (b)         where the area in which the land the subject of the application is situated includes, or is included in, or abuts any land included in a place of a kind mentioned in the Heritage Act 2018 section 72(1), Minister includes the Minister to whom the administration of that Act is committed.

        [Section 245 amended: No. 52 of 2006 s. 6; No. 22 of 2018 s. 186(14).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback