Western Australian Current Acts Western Australian Current Acts (1) The Planning
Commission must give written notice of its decision on an application made to
it under this Part to the applicant.
(2) A person who has
made an application under this Part may apply to the Tribunal for a review of
a decision of the Planning Commission —
(a) to
refuse to approve an application under section 15; or
(b) to
impose a condition of an approval under section 15; or
(c) to
refuse to vary or revoke a condition of an approval under section 15; or
(d) to
refuse to approve an application for approval of the making, amendment or
repeal of leasehold by-laws under section 20; or
(e) to
refuse to approve an amendment of a scheme plan under section 21;
(f) to
refuse to approve an amendment or repeal of scheme by-laws under section 22.
(3) The Tribunal has
jurisdiction to carry out the review in accordance with the
Planning and Development Act 2005 Part 14.
(4) Part 13 does not
apply to a proceeding under this section (which is a proceeding within the
Tribunal’s review jurisdiction).
(5) If at the end of
the prescribed period after an application is made under this Part (or any
longer period agreed with an applicant), the Planning Commission has not made
a decision, the applicant may give written notice of default to the Planning
Commission.
(6) If a notice of
default is given to the Planning Commission, the applicant may apply to the
Tribunal for a review, in accordance with the
Planning and Development Act 2005 Part 14, as if the Planning Commission had
refused to approve the application on the day on which the notice of default
was given to the Planning Commission.
(7) In this section
—
prescribed period means 40 days or, if some other
period is specified in the regulations, that period.
[Section 27 inserted: No. 30 of 2018 s. 83.]