Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, when regulations made under this Act —
(a)
confer on the Minister power to grant an authority to a person to enter or
remain in any reserved lands (in this section called an entry authority ); and
(b)
require the Minister to consult the Trust before granting an entry authority,
the Trust may by
notice published in the Gazette and either generally or as otherwise provided
by that notice delegate to —
(c) a
member of the Trust; or
(d) an
officer of the Department,
specified in that
notice its functions in respect of the consultation referred to in
paragraph (b).
(2)
Subsection (1) does not empower the Trust to delegate to a member of the
Trust or an officer of the Department its functions referred to in that
subsection in relation to a person who —
(a)
applies to the Minister for an entry authority for —
(i)
the purpose of exercising rights over the reserved lands
to which that application relates or over the mineral resources of those
reserved lands; or
(ii)
any purpose related to the purpose referred to in
subparagraph (i);
and
(b) is
not a person to whom subsection (3) applies.
(3) This subsection
applies to every person who —
(a)
carries on the business of exploring for or exploiting or exploring for and
exploiting any mineral resources;
(b)
holds an entry authority; and
(c) by
reason of a change in the personnel employed by him or acting on his behalf in
or in connection with the reserved lands to which the entry authority held by
him relates applies to the Minister for that entry authority to be replaced by
a fresh entry authority in relation to those reserved lands.
(4) For the purposes
of this Act, the performance of the functions referred to in
subsection (1) by the person to whom those functions are delegated shall
be deemed to be the performance of those functions by the Trust.
(5) A delegation under
this section may be —
(a) made
subject to such conditions, qualifications and exceptions as are set out in
the notice concerned; and
(b)
revoked or varied by notice made by the Trust and published in the Gazette .
(6) The Trust may
perform any function referred to in subsection (1) notwithstanding that
it has delegated that function under this section.
(7) To the extent that
the performance of any functions which the Trust is empowered by this section
to delegate is dependent on the opinion, belief or state of mind of the Trust
in relation to a matter, those functions when delegated under this section may
be performed by the person to whom they are so delegated on the opinion,
belief or state of mind of that person in relation to the matter.
(8) In this
section —
mineral resources means resources of —
(a)
minerals as defined by section 8 of the Mining Act 1904 3 ; or
(b)
petroleum as defined by section 5 of the Petroleum and Geothermal Energy
Resources Act 1967 .
[Section 21A inserted by No. 107 of 1982
s. 3; amended by No. 113 of 1987 s. 32; No. 35 of 2007 s.
88(2).]