Western Australian Numbered Acts

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HOPE VALLEY-WATTLEUP REDEVELOPMENT ACT 2000 (NO. 77 OF 2000) - SECT 28

28 .         Commission’s decision

        (1)         After the expiry of the period referred to in section 26(4) within which the local government may make recommendations, the Commission may grant or refuse to grant approval of the proposed development having regard to —

            (a)         any master plan in force under Part 3;

            (b)         if a master plan is not in force in respect of the land the subject of the application, the FRIARS Final Strategy document;

            (c)         any relevant environmental protection policy approved under Part III of the EP Act;

            (d)         recommendations under section 26(4);

            (e)         consultations under section 27; and

            (f)         the requirements of orderly and proper planning.

        (2)         The Commission may attach to an approval any condition that is within the objects of this Act.

        (3)         The Commission may limit the time for which an approval remains in force.

        (4)         An approval under this section is in addition to, and does not derogate from, the requirements of any other written law.

        (5)         Subject to subsection (6), the Commission is to cause notice in writing of its decision to be given to the applicant, the relevant local government and any public authority consulted under section 27.

        (6)         The Commission is to be taken to have made a decision to refuse approval of a proposed development if the applicant has not received notice in writing of the Commission’s decision under subsection (5) within 60 days of the application being forwarded to the Commission, or such longer period as is agreed in writing by the applicant and the Commission before the expiry of the 60 day period.



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