Western Australian Current Acts Western Australian Current Acts (1) In this section
—
vested has the meaning assigned to it by
section 19(3).
(2) The Minister,
after consultation with the Commission, may make a written determination that
—
(a) land
that is proposed to be a national park, nature reserve or conservation park,
or part of a national park, nature reserve or conservation park, is, when
reserved under the Land Administration Act 1997 Part 4, to be vested jointly
in the Commission and a specified Aboriginal body corporate; or
(b) a
national park, nature reserve or conservation park, or part of a national
park, nature reserve or conservation park that is vested solely in the
Commission, is to be vested jointly in the Commission and a specified
Aboriginal body corporate.
(2A) The Minister,
after consultation with the Commission, may make a written determination that
—
(a)
waters, land, or land and waters, that are proposed to be a marine reserve, or
part of a marine reserve, are, when reserved under section 13, the
Land Administration Act 1997 Part 4 or any other Act, to be vested jointly in
the Commission and a specified Aboriginal body corporate; or
(b) a
marine reserve, or part of a marine reserve, that is vested solely in the
Commission is to be vested jointly in the Commission and a specified
Aboriginal body corporate.
(3) The Minister must
not make a determination under subsection (2) or (2A) unless the Aboriginal
body corporate has consented to the joint vesting.
(4) Land in respect of
which a determination is made under subsection (2)(a) is, when reserved under
the Land Administration Act 1997 Part 4, by this subsection vested jointly in
the Commission and the Aboriginal body corporate.
(4A) Waters, land, or
land and waters, in respect of which a determination is made under subsection
(2A)(a) are, when reserved under section 13, the Land Administration Act 1997
Part 4 or any other Act, by this subsection vested jointly in the Commission
and the Aboriginal body corporate.
(5) Land in respect of
which a determination is made under subsection (2)(b) is, on and from the date
of the determination or a later date that is specified in the determination,
by this subsection vested jointly in the Commission and the Aboriginal body
corporate.
(5A) Waters, land, or
land and waters, in respect of which a determination is made under subsection
(2A)(b) are, on and from the date of the determination or a later date that is
specified in the determination, by this subsection vested jointly in the
Commission and the Aboriginal body corporate.
(6) Action under
subsection (5) does not change —
(a) the
purpose for which the land is reserved under the Land Administration Act 1997
; or
(b) the
category of the land under this Act.
(6A) Action under
subsection (5A) does not change the purpose for which the waters, land, or
land and waters are reserved under section 13, the
Land Administration Act 1997 or any other Act.
(7) In the case of
waters, land, or land and waters, that are vested jointly in the Commission
and an Aboriginal body corporate under subsection (4), (4A), (5) or (5A), the
functions of the Aboriginal body corporate in relation to the waters, land, or
land and waters are limited to those conferred on a joint responsible body by
this Act.
(8) If an Aboriginal
body corporate in which waters, land, or land and waters are vested under this
section is deregistered under the Corporations (Aboriginal and Torres Strait
Islander) Act 2006 (Commonwealth) Part 12-1 or 12-2, the waters, land, or land
and waters cease to be vested in the Aboriginal body corporate and by this
section vest solely in the Commission.
(9) The Minister may
revoke or amend a determination made under subsection (2) or (2A) at any time
before the vesting under subsection (4), (4A), (5) or (5A) of the waters,
land, or land and waters in respect of which the determination is made.
[Section 8AA inserted: No. 28 of 2015 s. 10;
amended: No. 27 of 2022 s. 6.]