Western Australian Consolidated Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 249

249 .         Decision as to development under interim development order

        (1)         Subject to subsection (2), if an applicant for approval to carry out development under an interim development order is aggrieved by the refusal to grant the approval or by the conditions subject to which the approval is granted, the applicant may apply to the State Administrative Tribunal for a review, in accordance with this Part, of the decision to refuse or to impose the conditions.

        (2)         No application for a review is to be made or heard in respect of a development that contravenes a provision of —

            (a)         a local planning scheme; or

            (b)         a local law of a local government that is not superseded by the interim development order; or

            (c)         an order made under Part 6, or Order in Council made under section 80, of the Heritage of Western Australia Act 1990 .

        (3)         The Commission is to be taken to have refused an application for approval to carry out development under a regional interim development order, and a local government is to be taken to have refused an application for approval to carry out development under a local interim development order, if the Commission or the local government, as the case requires, has not given its decision on that application to the applicant —

            (a)         within a period of 60 days after the receipt by the local government or Commission of the application; or

            (b)         in the case of land in relation to which the application has been referred to the Heritage Council in accordance with the interim development order, within a period of 60 days after referring the application.