Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (3), if —
(a)
under a planning scheme, the grant of any consent, permission, approval or
other authorisation is in the discretion of a responsible authority; and
(b) a
person has applied to the responsible authority for such a grant; and
(c) the
responsible authority has —
(i)
refused the application; or
(ii)
granted it subject to any condition,
the applicant may
apply to the State Administrative Tribunal for a review, in accordance with
this Part, of the responsible authority’s decision.
(2) Subject to
subsections (1) and (3), an applicant may apply to the State Administrative
Tribunal for a review, in accordance with this Part, of the responsible
authority’s decision under a local planning scheme, an improvement
scheme or the Swan Valley Planning Scheme as to —
(a) the
classification of a use under the planning scheme; or
(b) the
permissibility of a use that is not listed under the planning scheme.
(3) Subsections (1)
and (2) do not affect the operation of a right given or taken to be given by a
planning scheme to apply for a review of a decision, but where rights are
given or taken to be given by a planning scheme and under subsection (1) or
(2), the exercise of one of those rights extinguishes the other right to apply
for a review of the same decision.
[Section 252 amended: No. 28 of 2010 s. 22; No. 45
of 2020 s. 91.]