Western Australian Current Acts Western Australian Current Acts (1A) Subsection (1)
applies if the Minister is satisfied on any representation that a local
government —
(a) has
failed to prepare a local planning scheme, or an amendment to a local planning
scheme, where one ought to be prepared; or
(b) has
failed to adopt a local planning scheme, or an amendment to a local planning
scheme, where one ought to be adopted; or
(c) has
failed to take a requisite step for getting approval for a local planning
scheme, or an amendment to a local planning scheme, that has been prepared or
adopted by the local government where that step ought to be taken; or
(d)
without limiting paragraph (c), has failed to give effect to any decision of
the Minister under section 87(2)(b).
(1) The Minister may
order the local government, within such time as is specified in the order, as
the case requires —
(a) to
prepare and submit to the Minister a local planning scheme or an amendment to
a local planning scheme; or
(b) to
adopt and submit to the Minister a local planning scheme or an amendment to a
local planning scheme; or
(c) to
take the requisite step referred to in subsection (1A)(c); or
(d) to
give effect to the decision referred to in subsection (1A)(d).
(2) If the
representation under subsection (1A) is that a local government has failed to
adopt a local planning scheme or an amendment to a local planning scheme, the
Minister, in lieu of making an order to adopt the scheme or amendment, may
approve of the proposed scheme or amendment subject to such modifications and
conditions, if any, as the Minister thinks fit.
(3) A local planning
scheme or an amendment approved under subsection (2) has effect as if it had
been adopted by the local government and approved by the Minister under this
Part.
(4) The Minister must
ensure that written reasons for making an order under subsection (1) are
provided with the order.
(5) The Minister must,
as soon as is practicable after an order is given to the local government
under subsection (1), cause to be laid before each House of Parliament or
dealt with under section 268A —
(a) a
copy of the order; and
(b) a
copy of the reasons for making the order.
[Section 76 amended: No. 28 of 2010 s. 56(1)-(3);
No. 45 of 2011 s. 141(6); No. 26 of 2020 s. 44.]