Development of land affecting Swan and Canning Rivers development control area
45 Development of land affecting Swan and Canning Rivers development control area
In this clause —
SCRM Minister means the Minister to whom the administration of the Swan and Canning Rivers Management Act 2006 is committed;
Swan Canning development control area means the development control area as defined in the Swan and Canning Rivers Management Act 2006 section 3(1);
Trust means the Swan River Trust established by the Swan and Canning Rivers Management Act 2006 section 16(1).
This clause applies if an application for development approval under this Scheme relates to —
development of land comprised in a lot —
any part of which (but not all of which) is within the Swan Canning development control area; or
that is not in the Swan Canning development control area but abuts waters that are in the Swan Canning development control area;
or
development of land, other than development to which paragraph (a) applies —
that abuts the Swan Canning development control area; or
that in the opinion of the Commission is likely to affect waters in the Swan Canning development control area.
Subject to subclause (9), the Commission must give full particulars of the application to the Trust.
The Trust, within 42 days after the day on which it receives particulars of the application, or within such longer period as the Commission allows, must give the Commission its advice in writing on —
how the application should be determined; and
any conditions to which any approval of the application should be made subject.
If the Trust fails to give its advice within the time allowed under subclause (4), it is taken to have no advice to give on the application.
Subject to any direction under subclause (7)(b), the Commission must determine an application referred to in subclause (2)(a) in a manner that is consistent with the advice of the Trust on the application.
If the Commission does not agree with all or part of the advice of the Trust on an application referred to in subclause (2)(a) —
the matter on which there is not agreement is to be resolved in the manner determined by the SCRM Minister and the Minister; and
the Minister must direct the Commission accordingly; and
the Commission must determine the application in accordance with the direction.
The Commission must have regard to the advice of the Trust when determining an application referred to in subclause (2)(b) but is not required to make a determination that is consistent with that advice.
The Trust —
may determine that a particular class or description of application need not be referred to it for advice under this clause; and
must notify the Commission of any such determination.
[Clause 45 inserted: Act No. 41 of 2024 s. 5.]
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