Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) If a local
government wishes to be able to recover review expenses under
section 7A2(5) of the Act, the local government shall —
(a)
before the Scheme or Amendment is advertised for public
inspection —
(i)
select one of the bases set out in subregulation (4)
as the basis on which the review expenses will be recoverable from owners of
affected land; and
(ii)
include a statement setting out that selection in the
Scheme or Amendment documents;
and
(b) keep
separate records setting out details of review expenses incurred and
recovered, affected land and any agreements of the type referred to in
subregulation (3).
(2) A local government
may recover from each owner of affected land, as a debt due by that owner to
the local government, the proportion of the review expenses recoverable from
that owner in accordance with the basis selected under
subregulation (1)(a)(i) and the local government may recover that debt in
any court of competent jurisdiction.
(3) Unless the local
government and the owner of affected land have agreed in writing that the
review expenses may be recovered at an earlier time, review expenses shall not
be recovered from that owner under section 7A2(5) of the Act until the
Scheme or Amendment has come into force and —
(a) that
affected land is sold or subdivided; or
(b) in
the case of an Amendment that changed the zoning of affected land, the local
government grants approval for the development of affected land owned by that
person that could not have been granted under the Scheme prior to the
Amendment coming into force.
(4) The bases on which
review expenses may be recovered are —
(a)
proportional land area, in accordance with which the local government may
recover from a person the same proportion of the review expenses as the area
of affected land owned by that person bears to the area of all of the affected
land;
(b)
proportional land value, in accordance with which the local government may
recover from a person the same proportion of the review expenses as the value
of the affected land owned by that person bears to the value of all of the
affected land; and
(c) any
other equitable basis approved by the Minister or an authorised person.
(5) In this
regulation —
affected land means land to which the Scheme or
Amendment relates;
review expenses means expenses incurred by a local
government in undertaking an environmental review of a Scheme or Amendment in
accordance with instructions issued under section 48C(1)(a) of the EP
Act;
value , in relation to land, means the rateable
value of the land recorded in the rate records of the local government at the
time the resolution to prepare or adopt the Scheme or Amendment was passed.
[Regulation 25B inserted in Gazette
2 Aug 1996 p. 3637‑8; amended in Gazette
27 Aug 2002 p. 4361.]