Western Australian Current Acts Western Australian Current Acts (1) In this section
—
agreed area , in relation to an agreement made
under this section, means the eligible land to which the agreement applies;
alienated land has the meaning given in the Land
Administration Act 1997 section 3(1);
Crown land has the meaning given in the Land
Administration Act 1997 section 3(1);
eligible land means land, waters, or land and
waters, that are above the low water mark and are —
(a)
alienated land; or
(b)
Crown land unless it is —
(i)
land to which this Act applies; or
(ii)
section 8C land;
person responsible , for eligible land, means
—
(a) if
the land is alienated land, each of these persons —
(i)
the owner;
(ii)
any person who has an interest in the land that is
registered under the Transfer of Land Act 1893 or the Registration of Deeds
Act 1856 ;
(iii)
the lessee, if any, of the land;
(b) if
the land is Crown land, each of these persons —
(i)
the Land Administration Minister;
(ii)
the management body (as defined in the
Land Administration Act 1997 section 3(1)), if any, of the land under that
Act;
(iii)
the person, if any, in whom the land is vested under a
written law other than that Act;
(iv)
the person, if any, who has the control and management of
the land under a written law other than that Act;
(v)
the lessee, if any, of the land;
(vi)
if exclusive native title has been determined under the
NT Act to exist in relation to the land, the registered native title body
corporate (as defined in section 253 of the NT Act) in respect of the native
title rights and interests concerned.
(2) This section does
not affect the operation of the NT Act in relation to any person who claims or
holds exclusive native title or non-exclusive native title.
(3) An agreement may
be made under this section in respect of Crown land that is the subject of an
interest (as defined in the Land Administration Act 1997 section 3(1))
granted or entered into under that Act, notwithstanding that Act.
(4) An agreement made
under this section cannot apply to any land, waters, or land and waters to
which a mining lease, or a general purpose lease, granted under the
Mining Act 1978 , applies.
(5) The CEO may enter
into an agreement under which the CEO agrees to manage an area of eligible
land, either alone or jointly with one or more other persons —
(a) as
if the agreed area were one of these categories of land under this Act —
(i)
a State forest;
(ii)
a timber reserve;
(iii)
a national park;
(iv)
a conservation park;
(v)
a nature reserve;
or
(b) for
a public purpose that is consistent with this Act.
(6) An agreement made
under this section cannot agree to manage an area of eligible land as if it
were —
(a) a
marine management area; or
(b) a
marine nature reserve; or
(c) a
marine park.
(7) An agreement made
under this section may require the Commission to assess the implementation of
the management plan for the agreed area.
(8) The parties to an
agreement made under this section must include —
(a) the
person responsible, or at least one of the persons responsible, for the agreed
area; and
(b) the
CEO; and
(c) if
it provides for the CEO to manage the agreed area jointly with one or more
other persons, each such person who is not already a party; and
(d) if
it requires the Commission to assess the implementation of the management plan
for the agreed area, the Commission.
(9) An agreement made
under this section has no effect unless the Minister for Fisheries, the
Minister for Forest Products, the Minister for Indigenous Affairs, the
Minister for Mines and the Minister (Water Resources) have each been given
—
(a) in
writing, notice of, and an invitation to give the CEO submissions about, the
proposed agreement; and
(b) a
reasonable time to respond.
(10) An agreement made
under this section has no effect unless the local government of each local
government district in which the agreed area is situated —
(a) is a
party to the agreement; or
(b) was
given, before the agreement was made —
(i)
in writing, notice of, and an invitation to give the CEO
submissions about, the proposed agreement; and
(ii)
a reasonable time to respond.
(11) An agreement made
under this section in respect of any eligible land has no effect unless
—
(a) each
person responsible for the land is either a party, or has given written
approval, to it; and
(b) the
Minister has given written approval to it.
(12) If the agreed
area under an agreement made under this section is or includes the intertidal
zone, the agreement has no effect in relation to that land unless —
(a) the
chief executive officer of the Fisheries Department is a party to it; or
(b) the
Minister for Fisheries has given written approval to it.
(13) An agreement made
under this section that says the CEO is to manage the agreed area jointly with
another person must include, in addition to any other terms, terms that do the
following —
(a)
establish a joint management body to manage the area;
(b)
state the members of the body which must include at least —
(i)
the CEO or a person nominated by the CEO; and
(ii)
a person to represent the interests of each other party
to the agreement;
(c)
establish the body’s procedures.
(14) An agreement made
under this section for the management of land for a public purpose that is
consistent with this Act must include, in addition to any other terms, terms
that —
(a)
state the purpose for which the agreed area is to be managed; and
(b)
state the policies or guidelines to be followed, and summarise the operations
to be undertaken, in the management of the agreed area.
(15) Subsection (16)
applies if an agreement made under this section applies to land held under any
of the following —
(a) a
pastoral lease;
(b) a
diversification lease any purpose of which includes the grazing of stock;
(c) a
lease for grazing purposes granted under the Land Administration Act 1997 .
(16) The lessee
remains entitled to use the land for grazing purposes in accordance with the
lease, except to the extent that the agreement otherwise provides.
[Section 8A inserted: No. 36 of 2011 s. 8;
amended: No. 28 of 2015 s. 69; No. 4 of 2023 s. 108.]