Proposed road or waterway, drawings etc. of required
170 Proposed road or waterway, drawings etc. of required
In this section —
responsible authority means —
in relation to land that is subject to a local planning scheme — the local government responsible for the enforcement of the observance of the scheme; and
in relation to land that is subject to an improvement scheme or the Swan Valley Planning Scheme — the Commission.
Before a person who is subdividing land commences to construct and drain roads or construct artificial waterways shown in the diagram or plan of survey, that person is to give to the responsible authority —
drawings showing longitudinal and cross sections of the proposed road or artificial waterway; and
specifications of the proposed road or artificial waterway; and
such other information including information relating to levels, drainage, nature of soil, and physical features as the responsible authority requires.
A person who does not comply with subsection (1) commits an offence.
The responsible authority may by written notice require the person subdividing the land —
to amend the drawings or specifications or both; and
to comply with such further conditions as the responsible authority thinks fit to impose in respect of the proposed road or waterway,
for the purpose of ensuring that the construction and drainage of the road or construction of the artificial waterway is consistent with the approval of the Commission.
Without limiting the powers conferred on a responsible authority by subsection (3), where —
a person delivers drawings and specifications of a proposed road or artificial waterway to a responsible authority under subsection (1); and
the proposed road or artificial waterway, if constructed in accordance with those plans and specifications, would not satisfy the minimum standards fixed under section 169 applicable to the proposed road or artificial waterway,
the responsible authority is to by written notice require the person to so amend the drawing or specifications, or both, as to cause the proposed road or artificial waterway to satisfy those minimum standards.
A person who is aggrieved by a requirement of the responsible authority made under subsection (3) may apply to the State Administrative Tribunal for a review, in accordance with Part 14, of the responsible authority’s decision.
A person who does not comply with a requirement of a responsible authority made by written notice given to that person under subsection (3) commits an offence.
[Section 170 amended: No. 28 of 2010 s. 15; No. 45 of 2020 s. 80.]
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