Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a local
government is empowered to make a local law setting fees or charges under a
provision set out in the Table to this section, it may fix that fee or charge
by resolution in accordance with this section.
(2) Fees or charges
fixed under this section shall be fixed by resolution of a local
government and notice of the resolution shall be published at least
14 days before the day on which the resolution is to take
effect —
(a) in
the Gazette ; and
(b) in a
newspaper circulating generally throughout the district of the local
government.
(3) Notice of a
resolution under subsection (2) shall specify —
(a) the
day on which the resolution is to take effect; and
(b) the
amounts of the fees or charges.
(4) Notwithstanding
anything else in this Act, where a local government fixes a fee or charge by
resolution under this section, that fee or charge applies in respect of the
district of the local government and the fee or charge prescribed by local law
which otherwise would have applied does not apply in respect of that district.
(5) A resolution made
by a local government under this section may revoke a resolution
previously made by that local government under this section.
(6)
Sections 41(2), 42, 43, 45 and 46 of the Interpretation Act 1984
apply to a resolution made under this section as if the resolution were a
regulation.
(7) A fee or charge
fixed under this section may be enforced and recovered as if it were
prescribed by local law made under this Act.
(8) Where a resolution
made under this section is inconsistent with a regulation made under this
Act —
(a) the
regulation prevails to the extent of the inconsistency; and
(b) the
Minister may, by order published in the Gazette , revoke or amend the
resolution, whether or not the resolution has taken effect.
Table
|
Sections 133(1), 134(6), (11), (12), (29), (44), (45) and (46), 146(3),
158(3), 199(10) and 344(1)(a). |
[Section 344C inserted by No. 28 of 1996
s. 18; amended by No. 36 of 2007 Sch. 4 cl. 4(7); No. 43
of 2008 s. 147(15).]