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This is a Bill, not an Act. For current law, see the Acts databases.


RESERVES (TJUNTJUNTJARA COMMUNITY) BILL 2018

                      Western Australia


Reserves (Tjuntjuntjara Community) Bill 2018

                         Contents

  1.    Short title                                         2
  2.    Commencement                                        2
  3.    Terms used                                          2
  4.    Great Victoria Desert Nature Reserve boundary
        amended                                             3
  5.    Great Victoria Desert Nature Reserve --
        Tjuntjuntjara Community land excised                3
  6.    Registrar of Titles to take certain measures        3
  7.    Residential Tenancies Act 1987 not applicable to
        Tjuntjuntjara Community lease                       3
  8.    Proposed easement over Great Victoria Desert
        Nature Reserve                                      4
  9.    Mining on Tjuntjuntjara Community land              4
  10.   Petroleum and geothermal energy operations on
        Tjuntjuntjara Community land                        6
        Schedule 1 -- Great Victoria Desert
            Nature Reserve (for information
            purposes only)
        Defined terms




                            73--1                           page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


 Reserves (Tjuntjuntjara Community) Bill 2018

                               A Bill for


An Act --
•  to excise an area from Reserve 30490 so that a lease over the
   excised area can be granted by the Minister for the use and
   benefit of the Tjuntjuntjara Community; and
•  for related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Reserves (Tjuntjuntjara Community) Bill 2018



     s. 1




1    1.       Short title
2             This is the Reserves (Tjuntjuntjara Community) Act 2018.

3    2.       Commencement
4             This Act comes into operation as follows --
5              (a) sections 1 to 4 and 6 -- on the day on which this Act
6                    receives the Royal Assent;
7              (b) the rest of the Act -- on a day fixed by proclamation,
8                    and different days may be fixed for different provisions.

9    3.       Terms used
10            In this Act --
11            Deposited Plan, followed by a number, means the deposited
12            plan of that number --
13              (a) lodged with the Western Australian Land Information
14                    Authority established by the Land Information Authority
15                    Act 2006 section 5 (the Authority); and
16              (b) available in electronic form on the Authority's official
17                    website;
18            Great Victoria Desert Nature Reserve means Reserve 30490,
19            being an area of about 2 495 777 hectares that is a class A
20            nature reserve (as defined in the Land Administration Act 1997
21            section 45(1));
22            Registrar of Titles means the Registrar of Titles referred to in
23            the Transfer of Land Act 1893 section 7;
24            Tjuntjuntjara Community land means Lot 9 on Deposited
25            Plan 220992 comprising an area of 78 578 hectares;
26            Tjuntjuntjara Community lease means a lease granted by the
27            Minister under the Land Administration Act 1997 section 83(1)
28            over the Tjuntjuntjara Community land;
29            unallocated Crown land has the meaning given in the Land
30            Administration Act 1997 section 3(1).

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                                    Reserves (Tjuntjuntjara Community) Bill 2018



                                                                               s. 4



1    4.         Great Victoria Desert Nature Reserve boundary amended
2         (1)   The Great Victoria Desert Nature Reserve is amended by
3               correcting the description of its eastern boundary (as published
4               in the Gazette on 21 August 1970 at p. 2620-1) by deleting the
5               words "situate 2 chains 46 links west and" and "in the State of
6               South Australia".
7         (2)   The amendment does not affect the area of the reserve.

8    5.         Great Victoria Desert Nature Reserve -- Tjuntjuntjara
9               Community land excised
10        (1)   The Great Victoria Desert Nature Reserve is amended by
11              excising the Tjuntjuntjara Community land.
12        (2)   The Great Victoria Desert Nature Reserve, as amended by
13              subsection (1), comprises an area of 2 417 201 hectares being
14              the land in Lot 300 on Deposited Plan 403087 version 2.
15        (3)   The boundaries of the Great Victoria Desert Nature Reserve as
16              amended by subsection (1) are shown, for information purposes,
17              on the plan in Schedule 1 but subsection (2) prevails if there is
18              any inconsistency.

19   6.         Registrar of Titles to take certain measures
20        (1)   The Registrar of Titles must take any necessary measures to
21              register the amendments effected by sections 4 and 5.
22        (2)   For the purposes of subsection (1), sections 4 and 5 may be
23              treated as if they were orders under the Land Administration
24              Act 1997.

25   7.         Residential Tenancies Act 1987 not applicable to
26              Tjuntjuntjara Community lease
27              A Tjuntjuntjara Community lease is not a residential tenancy
28              agreement for the purposes of the Residential Tenancies
29              Act 1987 section 3.



                                                                           page 3
     Reserves (Tjuntjuntjara Community) Bill 2018



     s. 8



1    8.         Proposed easement over Great Victoria Desert Nature
2               Reserve
3         (1)   In this section --
4               access easement means the easement shown on Deposited Plan
5               414191 version 2 providing access over that part of the Great
6               Victoria Desert Nature Reserve shown on that plan and
7               benefitting the holder of a leasehold interest granted by a
8               Tjuntjuntjara Community lease.
9         (2)   The Land Administration Act 1997 section 44 does not apply to
10              a proposal by the Minister to grant the access easement.
11        (3)   For the purposes of the Transfer of Land Act 1893
12              section 81S(2)(b), the Registrar of Titles may register the access
13              easement as if the Land Administration Act 1997 section 44 had
14              been complied with.

15   9.         Mining on Tjuntjuntjara Community land
16        (1)   In this section --
17              mining has the meaning given in the Mining Act 1978
18              section 8(1);
19              mining tenement has the meaning given in the Mining Act 1978
20              section 8(1);
21              Minister for Mines means the Minister to whom the
22              administration of the Mining Act 1978 is committed by the
23              Governor.
24        (2)   This section is in addition to the provisions of the Mining
25              Act 1978.
26        (3)   It is a condition of each mining tenement granted in respect of
27              the Tjuntjuntjara Community land that the holder of the
28              tenement must not carry out mining on or under that land unless
29              it is carried out in accordance with the consent of the Minister
30              for Mines given under subsection (4)(b).



     page 4
                               Reserves (Tjuntjuntjara Community) Bill 2018



                                                                         s. 9



1    (4)   The Minister for Mines may, if asked to consent to mining for
2          the purposes of subsection (3) --
3            (a) refuse to give consent; or
4            (b) give written consent subject to the terms and conditions
5                  (if any) that the Minister for Mines specifies in the
6                  consent.
7    (5)   Before giving consent under subsection (4)(b), whether
8          conditionally or unconditionally, the Minister for Mines must
9          consult with, and obtain the recommendations of, the
10         following --
11           (a) the Minister to whom the administration of the
12                 Conservation and Land Management Act 1984 is
13                 committed by the Governor;
14           (b) any person holding a Tjuntjuntjara Community lease or
15                 in whom the control and management of the land is
16                 vested or placed;
17           (c) if the Tjuntjuntjara Community land is unallocated
18                 Crown land, the Minister to whom the administration of
19                 the Land Administration Act 1997 is committed by the
20                 Governor.
21   (6)   A mining tenement referred to in subsection (3) is liable to be
22         forfeited under the Mining Act 1978 section 96, 96A or 97 (as
23         the case requires) if the holder of the tenement contravenes the
24         condition imposed by subsection (3).
25   (7)   For the purposes of subsection (6), in the Mining Act 1978
26         section 96(2) "the requirements of this Act" includes a reference
27         to the condition imposed by subsection (3).




                                                                      page 5
     Reserves (Tjuntjuntjara Community) Bill 2018



     s. 10



1    10.         Petroleum and geothermal energy operations on
2                Tjuntjuntjara Community land
3          (1)   In this section --
4                geothermal energy operation has the meaning given in the
5                Petroleum and Geothermal Energy Resources Act 1967
6                section 5(1);
7                geothermal title has the meaning given in the Petroleum and
8                Geothermal Energy Resources Act 1967 section 69A(1);
9                Minister for Petroleum means the Minister to whom the
10               administration of the Petroleum and Geothermal Energy
11               Resources Act 1967 is committed by the Governor;
12               petroleum operation has the meaning given in the Petroleum
13               and Geothermal Energy Resources Act 1967 section 5(1);
14               petroleum title has the meaning given in the Petroleum and
15               Geothermal Energy Resources Act 1967 section 69A(1);
16               registered holder has the meaning given in the Petroleum and
17               Geothermal Energy Resources Act 1967 section 5(1).
18         (2)   This section --
19                (a) is in addition to the provisions of the Petroleum and
20                      Geothermal Energy Resources Act 1967; and
21                (b) applies despite the Petroleum and Geothermal Energy
22                      Resources Act 1967 section 15(1).
23         (3)   It is a condition of each petroleum title or geothermal title
24               granted in respect of the Tjuntjuntjara Community land that the
25               registered holder of the title must not carry out a petroleum
26               operation or geothermal energy operation on or under that land
27               unless it is carried out in accordance with the consent of the
28               Minister for Petroleum given under subsection (4)(b).
29         (4)   The Minister for Petroleum may, if asked to consent to a
30               petroleum operation or geothermal energy operation for the
31               purposes of subsection (3) --
32                 (a) refuse to give consent; or


     page 6
                               Reserves (Tjuntjuntjara Community) Bill 2018



                                                                         s. 10



1           (b)   give written consent subject to the terms and conditions
2                 (if any) that the Minister for Petroleum specifies in the
3                 consent.
4    (5)   Before giving consent under subsection (4)(b), whether
5          conditionally or unconditionally, the Minister for Petroleum
6          must consult with, and obtain the recommendations of, the
7          following --
8            (a) the Minister to whom the administration of the
9                  Conservation and Land Management Act 1984 is
10                 committed by the Governor;
11           (b) any person holding a Tjuntjuntjara Community lease or
12                 in whom the control and management of the land is
13                 vested or placed;
14           (c) if the Tjuntjuntjara Community land is unallocated
15                 Crown land, the Minister to whom the administration of
16                 the Land Administration Act 1997 is committed by the
17                 Governor.
18   (6)   A petroleum title or geothermal title referred to in subsection (3)
19         is liable to be cancelled under the Petroleum and Geothermal
20         Energy Resources Act 1967 section 99, 105 or 106 (as the case
21         requires) if the registered holder of the title contravenes the
22         condition imposed by subsection (3).
23




                                                                       page 7
    Reserves (Tjuntjuntjara Community) Bill 2018
    Schedule 1      Great Victoria Desert Nature Reserve (for information
                    purposes only)




1       Schedule 1 -- Great Victoria Desert Nature Reserve
2                 (for information purposes only)
3                                                                           [s. 5(3)]




4


5




    page 8
                                         Reserves (Tjuntjuntjara Community) Bill 2018



                                                                                                   Defined terms



                                        Defined terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined term                                                                                            Provision(s)
access easement ............................................................................................... 8(1)
Authority ............................................................................................................... 3
Deposited Plan ...................................................................................................... 3
geothermal energy operation.......................................................................... 10(1)
geothermal title .............................................................................................. 10(1)
Great Victoria Desert Nature Reserve .................................................................. 3
mining .............................................................................................................. 9(1)
mining tenement .............................................................................................. 9(1)
Minister for Mines ........................................................................................... 9(1)
Minister for Petroleum ................................................................................... 10(1)
petroleum operation ....................................................................................... 10(1)
petroleum title ................................................................................................ 10(1)
registered holder ............................................................................................ 10(1)
Registrar of Titles ................................................................................................. 3
Tjuntjuntjara Community land .............................................................................. 3
Tjuntjuntjara Community lease............................................................................. 3
unallocated Crown land ........................................................................................ 3




                                                                                                               page 9

 


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