Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 50

50 .         Management order, revocation of

        (1)         When a management body —

            (a)         agrees that its management order should be revoked; or

            (b)         does not comply with its management order or with a plan approved under section 49(4) that applies to its managed reserve or does not submit a plan in compliance with a request made under section 49(2),

                the Minister may by order revoke that management order.

        (2)         In the absence of agreement or non-compliance referred to in subsection (1), the Minister may by order revoke a management order if the Minister considers that the revocation is —

            (a)         in the public interest; or

            (b)         necessary for the purposes of a public work.

        (3)         Despite the revocation of a management order under subsection (1) or (2), an interest in, or caveat in respect of, the reserve to which the management order applied continues, subject to this Act, if the order revoking the management order specifies that the interest or caveat continues.

        (4)         An interest in, or caveat in respect of, a reserve that is not continued under subsection (3) is extinguished on registration of the order revoking the management order.

        (4A)         In subsections (3) and (4) —

        interest includes —

            (a)         an interest as defined in section 151(1) (other than native title rights and interests as defined in that provision); and

            (b)         an interest under the Public Works Act 1902 .

        (5)         Despite anything in an order revoking a management order, the Minister may, with the consent of the management lessee, vary the terms of a management lease continued under subsection (3).

        (6)         In subsection (5) —

        management lease means lease granted or a lease that subsists as if it were a lease granted under a power conferred under section 46(3);

        management lessee means person to whom a management lease is granted.

        (7)         In subsections (1), (2), (3), (4) and (5) —

        management order includes an order made under section 46(3)(a) or an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 ⁴ that subsists as if it were a management order or an order made under section 46(3)(a).

        [Section 50 amended: No. 59 of 2000 s. 13; No. 4 of 2023 s. 23.]