Planning and Development Act 2005

This section applies for the purposes of the Commission’s consideration of a development application under section 274 (but does not limit what the Commission may or must do under section 275).

The Commission must —

consult the Minister; and

if required by the Minister — give the Minister a reasonable opportunity to make submissions to the Commission; and

have due regard to any submissions made by the Minister.

The Commission must —

consult the CEO (as defined in the Contaminated Sites Act 2003 section 3(1)) if the development is of land referred to in section 58(1)(a)(i) of that Act in respect of which a memorial is registered under section 58 of that Act; and

consult the Heritage Council if the development would, or would be likely to, affect any of the following —

a place that is a registered place under the Heritage Act 2018;

a place that is the subject of a protection order under the Heritage Act 2018 Part 4 Division 1;

a place that is the subject of a heritage agreement made by the Heritage Council under the Heritage Act 2018 Part 7;

consult the Swan River Trust if the development —

is of land that is wholly or partly in the development control area as defined in the Swan and Canning Rivers Management Act 2006; or

is of land that abuts that development control area; or

would, or would be likely to, affect any waters in that development control area;

have due regard to any submission made, or advice given, to the Commission in the course of a consultation under paragraph (a), (b) or (c).

The Commission must —

give any local government to whose district the development application relates an opportunity to make submissions to the Commission within a period specified by the Commission; and

have due regard to any submissions made by the local government within that period.

The Commission may require the applicant to do any of the following within a period specified by the Commission —

provide the Commission with any document or information;

do anything else that the Commission considers appropriate.

The Commission must —

consult any person or body not referred to in subsections (2) to (5) whom the Commission considers it appropriate to consult; and

in the manner the Commission considers appropriate, advertise the development application, inviting submissions from members of the public generally or from a class or group of members of the public that the Commission considers appropriate; and

have due regard to any submissions made by members of the public in response to the invitation under paragraph (b).

The Commission may do anything else that is not covered by subsections (2) to (6) and that the Commission considers it appropriate to do in order to obtain a document, information, an opinion or any other contribution from any person or body.

If the Commission does anything under subsection (6)(a) or (b) or (7), the Commission must, as it considers appropriate, set a limit on the time within which, as the case requires —

a person or body who is being consulted by the Commission may respond to the Commission on any matter; or

members of the public may make submissions; or

a person or body may provide any document, information, opinion or other contribution.