Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of this section, the expression the owner of any land includes a lessee from
the Crown, and the holder of any mining tenement or mining privilege, or of
any right or privilege under the
Petroleum and Geothermal Energy Resources Act 1967 , in relation to the
land.
(1a) A person is also
included as an owner of land for the purposes of this section if —
(a) the
person —
(i)
is the holder of rights conferred under section 34
of the Dampier to Bunbury Pipeline Act 1997 in respect of the land or is
the holder’s nominee approved under section 34(3) of that Act; or
(ii)
has authority under section 7 of the Petroleum
Pipelines Act 1969 to enter upon the land;
or
(b) the
person is the holder of a distribution licence under Part 2A of the
Energy Coordination Act 1994 as a result of which the person has rights
or powers in respect of the land.
(2) Where the owner of
any land gives to the Committee notice in writing that he requires to use the
land for a purpose which, unless the Minister gives his consent under this
section, would be likely to result in a breach of section 17 in respect
of any Aboriginal site that might be on the land, the Committee shall, as soon
as it is reasonably able, form an opinion as to whether there is any
Aboriginal site on the land, evaluate the importance and significance of any
such site, and submit the notice to the Minister together with its
recommendation in writing as to whether or not the Minister should consent to
the use of the land for that purpose, and, where applicable, the extent to
which and the conditions upon which his consent should be given.
(3) Where the
Committee submits a notice to the Minister under subsection (2) he shall
consider its recommendation and having regard to the general interest of the
community shall either —
(a)
consent to the use of the land the subject of the notice, or a specified part
of the land, for the purpose required, subject to such conditions, if any, as
he may specify; or
(b)
wholly decline to consent to the use of the land the subject of the notice for
the purpose required,
and shall forthwith
inform the owner in writing of his decision.
(4) Where the owner of
any land has given to the Committee notice pursuant to subsection (2) and
the Committee has not submitted it with its recommendation to the Minister in
accordance with that subsection the Minister may require the Committee to do
so within a specified time, or may require the Committee to take such other
action as the Minister considers necessary in order to expedite the matter,
and the Committee shall comply with any such requirement.
(5) Where the owner of
any land is aggrieved by a decision of the Minister made under
subsection (3) he may apply to the State Administrative Tribunal for a
review of the decision.
[(6) deleted]
(7) Where the owner of
any land gives notice to the Committee under subsection (2), the
Committee may, if it is satisfied that it is practicable to do so, direct the
removal of any object to which this Act applies from the land to a place of
safe custody.
(8) Where consent has
been given under this section to a person to use any land for a particular
purpose nothing done by or on behalf of that person pursuant to, and in
accordance with any conditions attached to, the consent constitutes an offence
against this Act.
[Section 18 inserted by No. 8 of 1980
s. 6; amended by No. 24 of 1995 s. 19; No. 58 of 1999
s. 39; No. 55 of 2004 s. 5; No. 35 of 2007 s. 89.]