Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister
shall, after he has caused a report to be published under
section 44(3) —
(a) if
the decision-making authority, or one or more of the decision-making
authorities, to which or whom a copy or copies of the report has or have been
given under that section is or are another Minister or other Ministers,
consult that Minister or those Ministers and, if possible, agree with him or
them; or
(b) if
neither the decision-making authority, nor any of the decision-making
authorities, as the case requires, referred to in paragraph (a) is
another Minister, consult that decision-making authority or those
decision-making authorities and, if possible, agree with it or them,
on whether or not the
proposal to which the report relates may be implemented and, if that proposal
may be implemented, to what conditions and procedures, if any, that
implementation should be subject.
(2) If the Minister
and the other Minister or Ministers referred to in subsection (1)(a)
cannot agree on any of the matters referred to in subsection (1), the
Minister shall refer the matter or matters in dispute to the Governor for his
decision, and the decision of the Governor on that matter or matters shall be
final and without appeal.
(3) If the Minister
and the decision-making authority or decision-making authorities referred to
in subsection (1)(b) cannot agree on any of the matters referred to in
subsection (1), the Minister shall appoint an appeals committee to
consider and report to him on the matter or matters in dispute.
(4) Sections 106,
107, 108, 109 and 110 apply to and in relation to a matter in respect of which
the Minister has appointed an appeals committee under subsection (3) as
if that matter were the subject of an appeal from a decision of the Minister.
(5) If the
implementation agreement or decision is that the proposal may be implemented,
or may be implemented subject to implementation conditions, the Minister is
to —
(a)
cause copies of a statement setting out the implementation agreement or
decision to be served on —
(i)
the Authority; and
(ii)
each decision-making authority that was consulted under
subsection (1); and
(iii)
the proponent of the proposal; and
(iv)
the person who referred the proposal (if it was not
referred by a person referred to in subparagraph (ii) or (iii));
and
(b)
cause the statement to be published as soon as is practicable after it is
served under paragraph (a).
(6) Notwithstanding
anything in this section, if an appeal is lodged under —
(a)
section 100(1)(d) in respect of a report published under
section 44(3), the proposal to which that report relates shall not be
implemented and conditions and procedures shall not be agreed or decided under
this section —
(i)
while the appeal is pending; or
(ii)
otherwise than in accordance with the decision made on
the appeal;
or
(b)
section 100(3) in respect of any conditions or procedures agreed or
decided under this section, the proposal shall not be implemented —
(i)
while the appeal is pending; or
(ii)
subject to any conditions or procedures which are not in
accordance with the decision made on the appeal.
(7) The Minister may,
as soon as he is satisfied that there is no reason why a proposal in respect
of which a statement has been published under subsection (5)(b) should
not be implemented, cause to be served on the decision-making authority
precluded by section 41 from making any decision that could have the
effect of causing or allowing that proposal to be implemented an authority in
writing permitting such a decision to be made.
(8) If the
implementation agreement or decision is that the proposal may not be
implemented, the Minister shall forthwith notify the persons referred to in
subsection (5)(a)(i), (ii), (iii) and (iv) in writing accordingly.
[Section 45 amended by No. 54 of 2003
s. 16.]