Heritage Regulations 2019

The following proposals are prescribed for the purposes of section 76(1) of the Act —

an application for development approval;

an application for subdivision approval;

an application for approval under the Planning and Development Act 2005 section 136;

an application for development approval as defined in the Metropolitan Redevelopment Authority Act 2011 section 3;

a development application within the meaning given in the Swan and Canning Rivers Management Act 2006 section 67;

an application for a building permit as defined in the Building Act 2011 section 3;

an application for a demolition permit as defined in the Building Act 2011 section 3.

For the purposes of section 76(3) of the Act, the period for which the Council may direct that the operation of a decision is suspended is the period, not exceeding 3 months, specified in the direction.

Subregulation (4) applies to a decision‑maker that —

has been given notice by the Council that a place (the relevant place) is to be reviewed under section 40(1) of the Act; and

has not been given notice by the Council of the conclusion of the review.

A decision‑maker to which this subregulation applies must give the Council notice of a prescribed proposal that, if implemented, would, or would be likely to, affect the relevant place.

A decision‑maker must give the Council notice of a decision to which section 76(3) of the Act applies as soon as is practicable if —

the decision‑maker is given notice by the Council of an entry in the register; and

the decision relates to that place.