A s 40 certificate under the Liquor Licensing Act 1988 (WA) certifying compliance with planning laws for one use cannot satisfy the licensing authority under s 37(1)(f)(iii) in respect of a materially different use proposed to the Liquor Licensing Court. The certificate is not conclusive proof of its contents; the licensing authority may have regard to further evidence bearing on planning compliance. The question whether a local planning authority may revoke and reissue a s 40 certificate was left open.
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