Western Australian Current Acts Western Australian Current Acts (1) This section
applies for the purposes of the Commission’s consideration of a
development application under section 274 (but does not limit what the
Commission may or must do under section 275).
(2) The Commission
must —
(a)
consult the Minister; and
(b) if
required by the Minister — give the Minister a reasonable opportunity to
make submissions to the Commission; and
(c) have
due regard to any submissions made by the Minister.
(3) The Commission
must —
(a)
consult the CEO (as defined in the Contaminated Sites Act 2003 section 3(1))
if the development is of land referred to in section 58(1)(a)(i) of that Act
in respect of which a memorial is registered under section 58 of that Act; and
(b)
consult the Heritage Council if the development would, or would be likely to,
affect any of the following —
(i)
a place that is a registered place under the Heritage
Act 2018 ;
(ii)
a place that is the subject of a protection order under
the Heritage Act 2018 Part 4 Division 1;
(iii)
a place that is the subject of a heritage agreement made
by the Heritage Council under the Heritage Act 2018 Part 7;
and
(c)
consult the Swan River Trust if the development —
(i)
is of land that is wholly or partly in the development
control area as defined in the Swan and Canning Rivers Management Act 2006 ;
or
(ii)
is of land that abuts that development control area; or
(iii)
would, or would be likely to, affect any waters in that
development control area;
and
(d) have
due regard to any submission made, or advice given, to the Commission in the
course of a consultation under paragraph (a), (b) or (c).
(4) The Commission
must —
(a) give
any local government to whose district the development application relates an
opportunity to make submissions to the Commission within a period specified by
the Commission; and
(b) have
due regard to any submissions made by the local government within that period.
(5) The Commission may
require the applicant to do any of the following within a period specified by
the Commission —
(a)
provide the Commission with any document or information;
(b) do
anything else that the Commission considers appropriate.
(6) The Commission
must —
(a)
consult any person or body not referred to in subsections (2) to (5) whom the
Commission considers it appropriate to consult; and
(b) in
the manner the Commission considers appropriate, advertise the development
application, inviting submissions from members of the public generally or from
a class or group of members of the public that the Commission considers
appropriate; and
(c) have
due regard to any submissions made by members of the public in response to the
invitation under paragraph (b).
(7) The Commission may
do anything else that is not covered by subsections (2) to (6) and that the
Commission considers it appropriate to do in order to obtain a document,
information, an opinion or any other contribution from any person or body.
(8) If the Commission
does anything under subsection (6)(a) or (b) or (7), the Commission must, as
it considers appropriate, set a limit on the time within which, as the case
requires —
(a) a
person or body who is being consulted by the Commission may respond to the
Commission on any matter; or
(b)
members of the public may make submissions; or
(c) a
person or body may provide any document, information, opinion or other
contribution.
[Section 276 inserted: No. 26 of 2020 s. 4.]