Western Australian Consolidated Acts Western Australian Consolidated Acts [(1) deleted]
(2) A decision-making
authority that —
(a) has
referred a proposal to the Authority under, or in compliance with a
requirement made under, section 38; or
(b) has
been required under section 38(3) to refer a proposal to the Authority,
shall not make any
decision that could have the effect of causing or allowing the proposal to be
implemented until —
(c) it
is informed under section 39A(3)(b) that the Authority is not going to
assess the proposal and the period within which an appeal against that
decision may be lodged under section 100(1) has expired without the
lodging of such an appeal or, if such an appeal has been lodged within that
period, that appeal has been determined; or
(d) an
authority is served on it under section 45(7),
as the case requires.
(3) Without limiting
subsection (2), a decision-making authority that has been given notice
under section 39A(3)(c) or (4) that a proposal is going to be or is being
assessed is not to make any decision that could have the effect of causing or
allowing the proposal to be implemented without having had an authority under
section 45(7) served on it.
(4)
Subsections (2) and (3) do not apply to a decision in relation to a
proposal if the effect of the decision would be to cause or allow the doing of
minor or preliminary work to which the Authority has consented under
section 41A(3).
[Section 41 amended by No. 54 of 2003
s. 11; No. 40 of 2010 s. 14.]