Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997 - SECT 42

42 .         Class A reserves, creating, changing etc.

        (1)         The Minister may by order classify a reserve as a class A reserve.

        (2)         A class A reserve retains a purpose specified in the relevant order made under section 41 until that purpose is changed under this section.

        (3)         Subject to subsections (5) and (6), the Minister may by order —

            (a)         add Crown land to a class A reserve; or

            (b)         amend a class A reserve for the purpose of correcting one or more unsurveyed boundaries of the class A reserve in such a manner that the area of the class A reserve, if reduced at all, is reduced by not more than 5%; or

            (c)         excise 5% or one hectare, whichever is the less, of the area of a class A reserve for the purpose of public utility services; or

            (d)         redescribe locations or lots, or adjust the areas of locations or lots, in a class A reserve if the external boundaries of the class A reserve remain unchanged; or

            (e)         amalgamate 2 or more class A reserves which have similar purposes and the same management body.

        (4)         Subject to subsections (5) and (6) and section 45, if the Minister proposes —

            (a)         to reduce the area of, or excise an area from, a class A reserve for a purpose other than a purpose referred to in subsection (3)(b) or (c); or

            (b)         to excise an area from a class A reserve for the purpose of creating a road; or

            (c)         to cancel, or change the purpose or classification of, a class A reserve,

                the Minister must cause that proposal to be laid before each House of Parliament and section 43(1) then applies.

        (5)         The Minister must, not less than 30 days before acting under subsection (3) or (4) in relation to a class A reserve, advertise the Minister’s intention so to act in a newspaper circulating throughout the State.

        (6)         Before acting under subsection (3) or (4) in relation to a managed reserve, the Minister must consult the management body of the reserve in accordance with section 46A.

        [Section 42 amended: No. 4 of 2023 s. 19 and 92.]



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