Western Australian Current Acts Western Australian Current Acts (1) In this section
—
class A nature reserve means nature reserve which
is a class A reserve;
conservation park , national park and nature
reserve have the same respective meanings as they have in the
Conservation and Land Management Act 1984 .
(2) Subject to
subsections (5) and (5A), if land is reserved under section 41 for the purpose
of a conservation park, national park or class A nature reserve, the Minister
may, with the consent of the Minister to whom the administration of the
Conservation and Land Management Act 1984 is for the time being committed by
the Governor, by order —
(a) add
Crown land to such a reserve; or
(b)
amend such a reserve for the purpose of correcting one or more unsurveyed
boundaries of that reserve in such a manner that the area of that 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 such a reserve
for the purpose of public utility services; or
(d)
redescribe locations or lots, or adjust the areas of locations or lots, in
such a reserve if the external boundaries of that reserve remain unchanged; or
(e)
amalgamate 2 or more such reserves which have similar purposes and the same
management body.
(3) Subject to
subsection (2), land that is reserved under section 41 for the purpose of a
conservation park, national park or class A nature reserve remains so reserved
for that purpose until, by an Act in which that land is specified, it is
otherwise enacted.
(4) Subject to
subsections (5) and (5A), if the Minister proposes to excise an area from a
reserve referred to in subsection (2) for the purpose of creating a road, 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 (2) or (4) in relation to
a reserve referred to in that subsection, advertise the Minister’s
intention so to act in a newspaper circulating throughout the State.
(5A) Before acting
under subsection (2) or (4) in relation to a managed reserve, the Minister
must consult the management body of the reserve in accordance with
section 46A.
(6) In respect of land
in the development control area or Riverpark as defined in the
Swan and Canning Rivers Management Act 2006 , the Minister must consult the
Swan River Trust before —
(a) any
such land is reserved under section 41; or
(b) the
purpose of any such land that is a reserve is cancelled or changed, or the
area of that land is altered otherwise than by addition thereto, under this
Part.
[Section 45 amended: No. 52 of 2006 s. 6; No. 4 of
2023 s. 20 and 92.]