Waterways Conservation Act 1976

The Minister may from time to time request a town planning authority, that is to say —

the Minister to whom the Governor has for the time being committed the administration of the Planning and Development Act 2005; or

the Western Australian Planning Commission established under the Planning and Development Act 2005; or

a responsible authority within the meaning given to that expression by the Planning and Development Act 2005; or

any other body prescribed for the purposes of this section,

each application or proposal for the exercise of a power to approve —

a local planning scheme;

an improvement scheme;

the Swan Valley Planning Scheme;

an interim development order;

the subdivision or amalgamation of any lot or lots;

the development of any land;

the change of use of any land adjacent to any river, inlet or estuary;

such type or class only of those applications and proposals as the Minister specifies in the request,

Where particulars of an application or proposal referred to in subsection (1) are submitted to the Minister pursuant to that subsection —

the Minister shall consider the matters so submitted and may for that purpose consult with the town planning authority; and

the Minister shall furnish the town planning authority with the Minister’s recommendations in writing as to whether the application or proposal ought to be carried into effect and whether or to what extent the Minister considers that the application or proposal ought to be modified, and the reasons on which the Minister’s recommendations are based.

The Minister may at any time after the Minister has given the recommendations to the town planning authority under subsection (2), publish in any manner which the Minister considers appropriate the terms of those recommendations.

In considering any request or proposal referred to the Minister under subsection (1), and in making recommendations and generally exercising powers under subsection (2), the Minister shall, in particular, have regard to the terms of any relevant management programme for the area.

Unless and until the town planning authority has received and considered the recommendations of the Minister under this section, it shall not exercise any power of the kind referred to in subsection (1) in relation to any such land.