Western Australian Current Acts Western Australian Current Acts (1) Nothing in this
section applies to —
(a)
State forest; or
(b)
conservation parks; or
(c)
national parks referred to in section 6(3)(b); or
(d) land
classified under the Land Administration Act 1997 as a class A reserve or
under section 13(4) as of Class A,
but otherwise this
section applies to all land to which this Act applies.
(2) Where it is
proposed to —
(a)
cancel or amend the purpose of any land to which this section applies; or
(b)
alter any boundary of any land to which this section applies otherwise than by
an addition to the land or under section 10(3),
the Minister must
refer the proposal to the Commission and any joint responsible body in which
the land is vested or which has the care, control and management of the land.
(3) The Commission and
any joint responsible body shall consider any proposal so referred to it and
shall notify the Minister whether it —
(a)
approves the proposal; or
(b)
declines to approve it; or
(c)
approves it in a modified form; or
(d)
approves it subject to any condition.
(4) The Minister is
not bound by the decision of the Commission or joint responsible body under
subsection (3), but the Commission must record in its annual report under
section 31 any case where its decision is not acted on by the Minister in any
respect and set out the reasons for its decision.
(4a) Where a proposal
referred to in subsection (2) relates to land that is in the development
control area or the Riverpark as defined in the
Swan and Canning Rivers Management Act 2006 the Minister shall refer the
proposal to the Swan River Trust and subsections (3) and (4) shall, with all
the necessary changes, apply to that body in the same way as they apply to the
Commission.
(5) Except in the case
of the waters of a marine reserve to which subsection (6) applies, or in the
case of a timber reserve to which subsection (6a) applies, the Minister may,
subject to this section, recommend to the Land Administration Minister that an
order be made to give effect to the proposal, and, if that Minister agrees,
the proposed cancellation, amendment or alteration shall then be carried into
effect under Part 4 of that Act.
(6) In the case of the
waters of a marine reserve, other than a marine reserve comprising land
reserved under Part 4 of the Land Administration Act 1997 , the Minister,
with the concurrence of the Minister for Fisheries and the Minister for Mines,
may, subject to this section, recommend to the Governor that an order be made
to give effect to the proposal, and thereupon the Governor shall by order
published in the Gazette give effect to the proposed cancellation, amendment
or alteration.
(6a) In the case of a
timber reserve (other than land reserved under Part 4 of the
Land Administration Act 1997 as a timber reserve), the Minister, with the
concurrence of the Minister for Forest Products, may, subject to this section,
recommend to the Governor that an order be made to give effect to the
proposal, and thereupon the Governor shall by order published in the Gazette
give effect to the proposed cancellation, amendment or alteration.
(7) Where the purpose
for which land is reserved or held is cancelled, the land shall become Crown
land within the meaning of the Land Administration Act 1997 and section 7
shall cease to apply to it.
(8) In this section
except subsection (7), land includes the waters comprised in a marine
reserve.
[Section 17 amended: No. 21 of 1988 s. 5; No. 20
of 1991 s. 15; No. 5 of 1997 s. 14; No. 31 of 1997 s. 15(7), (8) and 141; No.
24 of 2000 s. 8(2); No. 35 of 2000 s. 9; No. 74 of 2003 s. 39(5); No. 28 of
2006 s. 186; No. 52 of 2006 s. 6; No. 36 of 2011 s. 11; No. 28 of 2015 s. 18.]
[Heading inserted: No. 20 of 1991 s. 16.]