❓ Dr. Thomas questions the City of Mandurah's failure to enforce a direction under the Local Government Act regarding property development, and the subsequent appeal by new owners. The Minister's response highlights the unfairness of penalising new owners for a previous owner's actions and the City's delayed enforcement.
AnsweredQoN 1203Legislative Assembly
Asked
30 May 2006
Member
Portfolio
Local Government and Regional Development; Fisheries; the Kimberley, Pilbara and Gascoyne
QuestionView source ↗
In response to the answer received to Question on Notice No. 855, I ask -
(1) What was the basis of the appeal and why was it upheld?
(2) Why was the City of Mandurah not in breach of its requirement under administrative law when it did not enforce the direction issued under 401(1)(A) of the
Local Government (Miscellaneous Provisions) Act 1960
on 26 April 1990?
(1) What was the basis of the appeal and why was it upheld?
(2) Why was the City of Mandurah not in breach of its requirement under administrative law when it did not enforce the direction issued under 401(1)(A) of the
Local Government (Miscellaneous Provisions) Act 1960
on 26 April 1990?
AnswerView source ↗
Answered
27 June 2006
Responded by
Minister representing the Minister for Local Government and Regional Development; Fisheries; the Kimberley, Pilbara and Gascoyne
Response time
28 days
The new owners were served with a notice under section 401(1)(b) in June 2002, some 11 years after purchasing the property. The new owners were not aware that the previous owner had departed from the approved plans and specifications. The basis of the appeal to the Minister was that it would be unfair to punish the new owners for something which they did not cause or contribute to. In making his decision to uphold the appeal, the Acting Minister was mindful that the City was aware of the situation for some twelve years before it decided to serve a notice for the departure from the approved plans and specifications. 2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
The new owners were not aware that the previous owner had departed from the approved plans and specifications. The basis of the appeal to the Minister was that it would be unfair to punish the new owners for something which they did not cause or contribute to. In making his decision to uphold the appeal, the Acting Minister was mindful that the City was aware of the situation for some twelve years before it decided to serve a notice for the departure from the approved plans and specifications. 2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
The basis of the appeal to the Minister was that it would be unfair to punish the new owners for something which they did not cause or contribute to. In making his decision to uphold the appeal, the Acting Minister was mindful that the City was aware of the situation for some twelve years before it decided to serve a notice for the departure from the approved plans and specifications. 2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
In making his decision to uphold the appeal, the Acting Minister was mindful that the City was aware of the situation for some twelve years before it decided to serve a notice for the departure from the approved plans and specifications. 2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
The new owners were not aware that the previous owner had departed from the approved plans and specifications. The basis of the appeal to the Minister was that it would be unfair to punish the new owners for something which they did not cause or contribute to. In making his decision to uphold the appeal, the Acting Minister was mindful that the City was aware of the situation for some twelve years before it decided to serve a notice for the departure from the approved plans and specifications. 2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
The basis of the appeal to the Minister was that it would be unfair to punish the new owners for something which they did not cause or contribute to. In making his decision to uphold the appeal, the Acting Minister was mindful that the City was aware of the situation for some twelve years before it decided to serve a notice for the departure from the approved plans and specifications. 2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
In making his decision to uphold the appeal, the Acting Minister was mindful that the City was aware of the situation for some twelve years before it decided to serve a notice for the departure from the approved plans and specifications. 2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
2. The direction of 26 April 1990 was issued under section 401(1)(a) of the Local Government (Miscellaneous Provisions) Act 1960 . The wording of section 401(7) of the Local Government (Miscellaneous Provisions) Act 1960 enabled any further enforcement action to be at the discretion of the City.
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