Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsections (2) to (4), nothing in this Act interferes with the right of the
Crown, or the Governor, or a public authority, or a local government —
(a) to
undertake, construct or provide any public work; and
(b) to
take land for the purposes of that public work.
(2) Rights referred to
in subsection (1) are to be exercised having due regard to —
(a) the
purpose and intent of any planning scheme that has effect in the locality
where, and at the time when, the right is exercised; and
(b) the
orderly and proper planning, and the preservation of the amenity, of that
locality at that time; and
(c) any
advice provided by the responsible authority in the course of the consultation
required under subsection (3) in respect of the exercise of the right.
(3) At the time when a
proposal for any public work, or for the taking of land for a public work, is
being formulated, the responsible authority is to be consulted as to whether
the undertaking, construction or provision of, or the taking of land for, the
public work will be consistent with the matters referred to in subsection
(2)(a) and (b).
(4) This section does
not affect —
(a) the
application of section 5(2) and (3); or
(b) the
application of a region planning scheme or an improvement scheme in relation
to anything done, or proposed to be done, by a public authority that is not an
agency of the Crown.
[Section 6 amended: No. 28 of 2010 s. 6; No. 26 of
2020 s. 12.]