❓ Halligan questions the Minister's responsibility regarding the WAPC's compliance with Residential Design Codes and challenges to Commission decisions, particularly concerning a potential error of law in a North Perth subdivision application. The Minister acknowledges avenues for challenge but requires more information to address the specific legal concerns.
AnsweredQoN 3773Legislative Council
QuestionView source ↗
I refer to the answers to Parliamentary questions No. 3362 and 3534, and ask -
(1) Does the Minister have a responsibility to ensure that actions taken by the Western Australian Planning Commission comply with all aspects of the law relating to Residential Design Codes?
(2) If so, at what point does this responsibility apply?
(3) If not, what checks are available on the legality of actions taken by the Commission?
(4) What avenues are open to challenge decisions of the Commission, especially in relation to the legality of its decisions?
(5) Is the Minister aware of legal opinion that a decision by the Commission in respect of a subdivision application concerning No. 81 (Lot 246) Auckland Street, North Perth ‘seems to involve an error of law?’
(6) What action is available to be taken in such circumstances, where the legality of decisions by the Commission is questioned?
(7) If no action is available, what happens if the Commission makes an ‘error of law’?
(1) Does the Minister have a responsibility to ensure that actions taken by the Western Australian Planning Commission comply with all aspects of the law relating to Residential Design Codes?
(2) If so, at what point does this responsibility apply?
(3) If not, what checks are available on the legality of actions taken by the Commission?
(4) What avenues are open to challenge decisions of the Commission, especially in relation to the legality of its decisions?
(5) Is the Minister aware of legal opinion that a decision by the Commission in respect of a subdivision application concerning No. 81 (Lot 246) Auckland Street, North Perth ‘seems to involve an error of law?’
(6) What action is available to be taken in such circumstances, where the legality of decisions by the Commission is questioned?
(7) If no action is available, what happens if the Commission makes an ‘error of law’?
AnswerView source ↗
Answered
20 September 2006
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
29 days
(4) It may be possible to challenge to legality of Commission decisions in the Tribunal and courts. Subdivision applicants who are aggrieved by a decision of the Commission in relation to their application may apply to the State Administrative Tribunal for a review of that decision. There is no 'third party' right of review/appeal against subdivision determinations made by the Commission. (5) - (7) The Minister has not yet sufficient information to answer this and will endeavour to provide further information next week.
(5) - (7) The Minister has not yet sufficient information to answer this and will endeavour to provide further information next week.
(5) - (7) The Minister has not yet sufficient information to answer this and will endeavour to provide further information next week.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.