Exmouth Shire Council has refused to overturn a decision blocking a change of land-use at the former MG Kailis prawn processing factory south of Exmouth.

Community consultation is due to start in the middle of next month but the proponent, MG Kailis, has used Section 76 of the Planning and Development Act 2005.

The section allows Minister for Planning John Day to over-ride planning decisions made by local government.

This is the first time Section 76 has been used in Western Australia since it was introduced in 2010.

But at their February 16 meeting, councillors agreed that community consultation should be carried out before such a decision could be made.

The proposed change of land-use would allow for a facility to be built to upload supplies for the oil and gas industry.

A worker’s camp could also be built.

Shire of Exmouth chief executive Bill Price said the proponent MG Kailis had requested that council reconsider its decision, made at its December meeting, based on new information about the proposal.

But there was no majority vote in favour of rescinding the motion.

Mr Day has still to make his decision.

Mr Price said that if the minister decided the council had to initiate the change of land-use, then there would still be a 42-day window for community consultation.

“We are going to make sure the community has their say to give the council direction before we make a decision,â€