Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 246

246 .         Minister may call in application to SAT for review

        (1)         This section applies to an application made to the State Administrative Tribunal if the Minister considers that the application raises issues of such State or regional importance that it would be appropriate for the application to be determined by the Minister.

        (2)         The Minister may direct —

            (a)         the President to refer an application to which this section applies to the Minister for determination; or

            (b)         the State Administrative Tribunal to hear the application but, without determining it, to refer it with recommendations to the Minister for determination.

        (3)         The Minister cannot give a direction under subsection (2) —

            (a)         in respect of an application made to the State Administrative Tribunal under the Heritage Act 2018 ; or

            (b)         more than 28 days after the application was made to the State Administrative Tribunal; or

            (c)         after a final determination has been made in relation to the application.

        (4)         The Minister, within 14 days after a direction is given, is to cause a copy of it to be published in the Gazette and, as soon as is practicable, is to cause a copy of it to be laid before each House of Parliament or dealt with under section 268A.

        (5)         If the Minister gives a direction under subsection (2)(a), each party to the proceeding may present the case of that party to the Minister.

        (6)         The Minister is to have regard to the submissions of the parties and may have regard to any other submission received by the Minister.

        (7)         A copy or transcript of any submission to which the Minister has regard is to be —

            (a)         given to each party; and

            (b)         published in the manner prescribed by the regulations.

        [Section 246 amended: No. 28 of 2010 s. 48; No. 22 of 2018 s. 186(15); No. 34 of 2023 s. 78.]



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