Western Australian Current Acts Western Australian Current Acts (1) A section 8A
agreement has no effect to the extent it binds the CEO to do anything in
relation to the section 8A land concerned that is inconsistent with or
contrary to the provisions of section 56(1) that relate to the land by virtue
of it being treated, under subsection (2), as if it were of a category of land
referred to in section 56(1).
(2) If under a
section 8A agreement the section 8A land concerned is to be managed as if it
were land of a category listed in section 8A(5)(a) —
(a) the
land is to be treated under this Act as if it were land, waters, or land and
waters, as the case requires, of that category and reserved for that
category’s purpose; and
(b) the
land becomes land to which this Act applies for the purposes of this Act,
but —
(c) the
land does not become land of that category, or land reserved for that
category’s purpose, or land to which this Act applies, for the purposes
of any written law other than this Act; and
(d)
sections 9 and 17 do not apply to the land; and
(e) the
land is not Crown land for the purposes of Part VIII Division 1 by reason only
of paragraph (b) of the definition of Crown land in section 87(1); and
(f) the
land does not vest in the Commission; and
(g) a
party to the agreement who is not a person responsible for the land (as
defined in section 8A(1)) is not an occupier of the land for the purposes of
the Mining Act 1978 ; and
(h) any
right (whether arising before or after the agreement is made) a person has
under this Act or another written law that may be exercised on or in relation
to the land is not affected unless the person is a party to the agreement and
the agreement provides otherwise; and
(i)
any right a person has under the common law to carry out
recreational fishing on the land is not affected.
(3) If under an
agreement made under section 8A(5)(b) the section 8A land concerned is to be
managed for a public purpose that is consistent with this Act, the land
becomes land to which this Act applies for the purposes of this Act but
—
(a) the
land does not become land to which this Act applies for the purposes of any
written law other than this Act; and
(b)
section 17 does not apply to the land; and
(c) the
land is not Crown land for the purposes of Part VIII Division 1 by reason only
of paragraph (a) of the definition of Crown land in section 87(1); and
(d) a
party to the agreement who is not a person responsible for the land (as
defined in section 8A(1)) is not an occupier of the land for the purposes of
the Mining Act 1978 ; and
(e) any
right (whether arising before or after the agreement is made) a person has
under this Act or another written law that may be exercised on or in relation
to the land is not affected unless the person is a party to the agreement and
the agreement provides otherwise; and
(f) any
right a person has under the common law to carry out recreational fishing on
the land is not affected.
[Section 8B inserted: No. 36 of 2011 s. 8;
amended: No. 28 of 2015 s. 69.]