Western Australian Consolidated Acts Western Australian Consolidated Acts (1) When an appeal is
lodged under section 100(1) or (4), the Minister may —
(a) in
the case of any appeal so lodged but subject to section 109(3)(a),
dismiss the appeal; or
(b) in
the case of an appeal referred to in section 100(1)(a), remit the
proposal to the Authority for the making of a decision, or fresh decision, as
to whether or not the proposal is to be assessed, or as to the level of
assessment, or both; or
(c) in
the case of an appeal referred to in section 100(1)(a), remit the
proposal to the Authority for assessment, further assessment or reassessment,
as the case requires, and for that purpose make a direction under
section 43; or
(d) in
the case of an appeal referred to in section 100(1)(d) —
(i)
remit the proposal to the Authority for assessment,
further assessment or reassessment, as the case requires, and for that purpose
make a direction under section 43; or
(ii)
vary the Authority’s recommendations by changing
the implementation conditions;
or
[(da) deleted]
(db) in
the case of an appeal referred to in section 100(1)(e), deal with that
appeal under subsections (2d) and (2e); or
(e) in
the case of an appeal against an order served under section 48(4)(b), set
aside or alter that order; or
(f) in
the case of an appeal against the taking of any steps under
section 48(4)(c) or (d), prohibit the taking of any one or more of those
steps, alter any of those steps or substitute a different step for any of
those steps,
and the decision of
the Minister under this subsection is final and without appeal.
(1a) When an appeal is
lodged under section 100(3), sections 106, 109 and 110 apply to and
in relation to the appeal as if the appeal were an appeal from a decision of
the Minister.
(2) When the Minister
remits under subsection (1)(b), (c) or (d) a proposal to the Authority
for —
(a) the
making of a fresh decision, that decision shall be made; or
(b)
assessment, further assessment or reassessment and makes a direction under
section 43, such portions of the procedure laid down by sections 40
to 48 as are appropriate shall apply to the proposal and those portions shall
be completed,
within such period as
the Minister specifies in his remittal.
[(2a)-(2c) deleted]
(2d) When an appeal is
lodged under section 100(1)(e), the Minister shall —
(a) if
he considers that the decision of the appeal could affect the content of any
condition to which the relevant scheme might be subject, having consulted the
responsible Minister under section 48F(1) in respect of that condition
and, if possible, agreed with him on that condition, decide the appeal in
accordance with that agreement or, in the absence of any such agreement, with
the relevant decision under section 48J; or
(b) if
he does not consider that the decision of the appeal could affect the content
of any such condition, decide the appeal without consulting the responsible
Minister under section 48F(1).
(2e) A decision of the
Minister under subsection (2d) is final and without appeal.
(3) The lodging of an
appeal —
(a)
referred to in section 100(1)(a) does not affect the relevant decision;
or
(b)
referred to in section 100(1)(d) or (e) has the effect described in
section 45(6) or 48F(3), as the case requires; or
(c)
referred to in section 100(3) prevents the implementation, or continued
implementation, of the proposal concerned; or
[(d) deleted]
(e)
against an order served under section 48(4)(b) suspends the operation of
that order; or
(f)
against the taking of any steps under section 48(4)(c) or (d) does not
prevent the taking of those steps,
during the period
commencing with that lodging and ending with the decision of the Minister
under subsection (1) or (2d).
(4) In giving a
decision under subsection (1)(f), the Minister may order that
section 48(5) does not apply to any steps to which the decision relates
and that order has effect according to its tenor.
[Section 101 amended by No. 23 of 1996
s. 23; No. 57 of 1997 s. 54(7) and (8); No. 54 of 2003
s. 24; No. 40 of 2010 s. 7.]