Western Australian Current Acts Western Australian Current Acts (1) Subject to
section 14, the Governor may, by order published in the Gazette —
(a)
reserve any part of Western Australian waters as a marine nature reserve, a
marine park or a marine management area; or
(b) add
any part of Western Australian waters to a marine nature reserve, a marine
park or a marine management area.
(2) The Minister may
by order published in the Gazette —
(a)
amalgamate 2 or more marine nature reserves;
(b)
amalgamate 2 or more marine parks;
(c)
amalgamate 2 or more marine management areas.
(3) The Minister must
consult the Swan River Trust established by the
Swan and Canning Rivers Management Act 2006 before the Governor acts under
subsection (1) in relation to any waters that are in the development control
area or the Riverpark within the meaning of that Act.
(4) Subject to
subsection (4a), the Governor may by the order under subsection (1) which
constitutes a marine nature reserve, a marine park or a marine management
area, or by a subsequent order published in the Gazette , classify the
reserve, park or management area as of Class A.
(4AA) Except as
provided in this section, section 13AA or by an Act —
(a) the
purpose of a marine nature reserve, a marine park or a marine management area
classified as of Class A cannot be changed; and
(b) the
boundaries of a marine nature reserve, a marine park or a marine management
area classified as of Class A cannot be altered.
(4a) A marine nature
reserve, a marine park or marine management area shall not be classified as of
Class A unless the Minister for Mines has agreed to a proposal by the Minister
that it be so classified or, where the Minister for Mines does not agree, the
Governor determines that it shall be so classified.
(5) The Minister shall
cause a copy of any order made under subsection (1) or (4) to be laid before
each House of Parliament within 6 sitting days of the House next following
publication of the order in the Gazette .
(6) If either House of
Parliament passes a resolution, of which notice has been given within the
first 14 sitting days of the House after a copy of an order has been laid
before the House under subsection (5), that the order be disallowed the order
thereupon ceases to have effect.
(7) The disallowance
of the order does not affect or invalidate any act done in good faith by the
Minister, or any officer performing any functions under this Act relating to
the waters referred to in the order, before the passing of the resolution.
(8) In subsection (1)
Western Australian waters means all waters —
(a) that
are within the limits of the State; or
(b) that
are coastal waters of the State as defined in the
Off-shore (Application of Laws) Act 1982 .
(9) Without limiting
section 6(6), the reservation of waters under this section as a marine nature
reserve, marine park or marine management area extends to the airspace,
sea-bed, land and subsoil referred to in section 6(6)(a) and (b).
(10) A reference in
this Act to the reservation of, or the reservation of waters as, a marine
nature reserve, marine park or marine management area includes a reference to
the alteration of any boundary of the reserve, park or management area to
include additional waters.
[Section 13 amended: No. 21 of 1988 s. 4; No. 76
of 1988 s. 4; No. 20 of 1991 s. 11; No. 53 of 1994 s. 264; No. 5 of 1997 s. 9;
No. 52 of 2006 s. 6; No. 28 of 2015 s. 14.]