Western Australian Current Acts Western Australian Current Acts (1) This section
applies if the Commission determines a development application under
section 274.
(2) The
Commission’s determination has effect, and is valid, for all purposes as
if it had been made by a normal decision-maker under an applicable legal
instrument.
Example for this subsection:
1. If the development
application would, apart from this Part, have been determined by a local
government for the purposes of a local planning scheme, the Commission’s
determination has the same effect for the purposes of the local planning
scheme as if the determination had been made by the local government.
2. Accordingly, if the
determination is to grant approval for development —
(a) the
development may be commenced and carried out as if the approval had been
granted by the local government; and
(b) any
conditions imposed by the Commission on the approval must be complied with as
if they were conditions imposed on the approval by the local government; and
(c)
section 218(c) applies in relation to a failure to comply with any of those
conditions.
(3) Subsection (2)
applies even if the Commission’s determination could not have been made
by a normal decision-maker under an applicable legal instrument.
(4) Without limiting
subsections (2) and (3), a decision, or other act or omission, of a person or
body is not unlawful or invalid just because the Commission’s
determination could not have been made by a normal decision-maker under an
applicable legal instrument.
(5) Subsections (2) to
(4) are subject to sections 278 and 279 and Division 4.
(6) If the
Commission’s determination is to grant approval for development, the
determination does not affect the operation of any legal instrument that
requires the obtaining, in relation to the development, of any other type of
approval, consent, licence, permit, registration or other authority (however
described).
Examples for this subsection:
1. A consent under the
Aboriginal Heritage Act 1972 section 18.
2. A building permit
or demolition permit under the Building Act 2011 .
3. A licence under the
Liquor Control Act 1988 .
Note for this subsection:
Part 11C applies
despite this Part (see section 171ZF(1)).
(7) If the
Commission’s determination is to grant approval for development,
references in subsections (2) to (6) to the Commission’s determination
are to the determination as amended from time to time under section 279 or by
an order under section 284.
[Section 277 inserted: No. 26 of 2020 s. 4;
amended: No. 27 of 2021 s. 350(2); No. 23 of 2023 s. 31; No. 34 of 2023
s. 15.]