Western Australian Numbered Acts

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SWAN AND CANNING RIVERS MANAGEMENT ACT 2006 (NO. 51 OF 2006) - SECT 22

22 .         Nominees

        (1)         Subject to subsections (4) and (5), the chairman must by notice specifying the time and place of a meeting of the board, request a local government, or a redevelopment authority, referred to in Schedule 7 to nominate a person to attend or participate in that meeting if a matter to be considered at that meeting is a relevant matter for that local government or redevelopment authority.

        (2)         A relevant matter for a local government is one that —

            (a)         relates to a development or proposed development in a part of the development control area that is in or adjoins the district of that local government; or

            (b)         is in the opinion of the chairman a matter that affects or is likely to affect the interest of that local government in a material way and to an extent that is greater than the extent to which other local governments referred to in Schedule 7 are affected.

        (3)         A relevant matter for a redevelopment authority is one that —

            (a)         in the case of the East Perth Redevelopment Authority, relates to a development or proposed development that is in the redevelopment area as defined in the East Perth Redevelopment Act 1991 ; and

            (b)         in the case of the Midland Redevelopment Authority, relates to a development or proposed development that is in the redevelopment area as defined in the Midland Redevelopment Act 1999.

        (4)         If a redevelopment authority is requested to nominate a person under subsection (1) in respect of a relevant matter, the Trust is not required to request a local government to nominate a person under that subsection in respect of that matter.

        (5)         If a local government is requested to nominate a person under subsection (1) in respect of a relevant matter, the Trust is not required to request a redevelopment authority to nominate a person under that subsection in respect of that matter.

        (6)         A notice under subsection (1) must be given —

            (a)         in writing to the local government or redevelopment authority not less than 14 clear days before the meeting; or

            (b)         in writing or by facsimile or electronic communication to the local government or redevelopment authority within such lesser period as the local government or redevelopment authority may, by notice in writing or by facsimile or electronic communication, agree.

        (7)         A nomination under subsection (1) must be made —

            (a)         if not less than 14 clear days notice of the meeting has been given, in writing delivered to the board not later than 3 clear days before the meeting; or

            (b)         if the local government or redevelopment authority has agreed to a lesser period of notice, in writing or by facsimile or electronic communication before the meeting commences.

        (8)         A person nominated under subsection (1) is entitled to attend or participate in a meeting for the purpose of determining any relevant matter in relation to which the person is nominated, and to attend or participate in any subsequent meeting that the chairman may request the person to attend in connection with that matter, and has all of the functions of a member in relation to the consideration of that matter at any such meeting.



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