Western Australian Planning Commission (Regional Planning Schemes) Regulations 2000 (WA)
Western Australia
Western Australian Planning Commission Act 1985
These regulations were repealed by the
Western Australia
Western Australian Planning Commission Act 1985
These regulations may be cited as the
These regulations come into operation on the day on which the
In these regulations unless the contrary intention appears —
(a) section 37J(4) of the Act; or
(b) a regional planning scheme against a decision of the Commission not to transfer land from an Urban Deferred Zone to an Urban Zone;
(1) An appeal is to be instituted by notice in the approved form lodged with the Minister.
(2) The notice of appeal is to set out —
(a) the substance of the direction or decision appealed against;
(b) the date of the direction or decision; and
(c) full particulars, in the form of a written submission, of the grounds upon which the appeal is made.
(3) A copy of the notice of appeal is to be given to the Commission or to the relevant local government exercising the powers of the Commission, as the case requires, as soon as practicable after it is lodged.
(4) The Commission or the local government upon whom a copy of the notice of appeal is given under subregulation (3) must —
(a) lodge with the Minister within the time limited by the Minister a written response to the grounds of appeal set out in the notice of appeal; and
(b) as soon as practicable after the response is lodged under paragraph (a), give a copy of the response to the appellant.
5. Time for lodging appeal
A notice of appeal is to be lodged —
(a) in the case of an appeal under section 37J(4), within the time specified in the notice to which the appeal relates; and
(b) in the case of an appeal under a regional planning scheme, within 60 days of the date of the decision in respect of which the appeal is made.
The Minister is to consider the matter or matters referred to in the notice of appeal and may either determine the appeal based upon the written submissions of the parties or hear the parties in person.
If the appellant is to be heard in person, the Minister is to —
(a) fix a time and place for the hearing of the appeal; and
(b) cause not less than 14 days’ notice of the time and place to be given to the parties.
(1) In the hearing and determination of an appeal the Minister —
(a) is to act without regard to technicalities or legal forms;
(b) is not bound by rules of evidence; and
(c) may inform himself or herself on any matter in such way as the Minister regards just.
(2) At the hearing of an appeal at which the appellant is to be heard in person the parties may be represented by counsel or agent.
In relation to witnesses and their examination and the production of documents, the Minister may exercise and enforce the like powers as by law in force at the time may be exercised or enforced by a court of summary jurisdiction.
A person who knowingly makes either orally or in writing a false or misleading statement to the Minister in connection with an appeal commits an offence.
Penalty: $1 000.
19 Dec 2000 pp.7293-5 | 19 Dec 2000 (see regulation 2 and | |
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