Western Australian Consolidated Acts Western Australian Consolidated Acts (1aa) In this
section —
" geothermal energy" and "geothermal energy
resources” have the same meanings as they have in the Petroleum and
Geothermal Energy Resources Act 1967 .
(1) The reservation of
a marine management area shall be for the purpose of managing and protecting
the marine environment so that it may be used for conservation, recreational,
scientific and commercial purposes.
(2) In
subsection (1) —
“commercial purposes”
includes —
(a)
aquaculture, commercial fishing and pearling activity;
(b)
mining, within the meaning of the Mining Act 1978 ;
(c)
seismic surveys and exploratory drilling for petroleum or geothermal energy
resources; and
(d)
production of petroleum or geothermal energy,
and associated
activities.
(3) Aquaculture,
commercial fishing and recreational fishing may be carried out, in accordance
with the Fish Resources Management Act 1994 , in a marine management
area.
(4) In the event of
any conflict or inconsistency between the management and protection purpose
referred to in subsection (1) and a provision of, or an activity
authorised by, the Fish Resources Management Act 1994 that relates to
aquaculture, commercial fishing or recreational fishing, the latter prevails.
(5) Pearling activity
may be carried out, in accordance with the Pearling Act 1990 , in a
marine management area.
(6) In the event of
any conflict or inconsistency between the management and protection purpose
referred to in subsection (1) and a provision of, or an activity
authorised by, the Pearling Act 1990 that relates to pearling activity,
the latter prevails.
(7) Nothing in this
section limits the operation of section 4(1) and, in
particular —
(a)
exploratory drilling for petroleum and production of petroleum under the
Petroleum and Geothermal Energy Resources Act 1967 or the
Petroleum (Submerged Lands) Act 1982 ; and
(ab)
exploratory drilling for geothermal energy resources and recovery of
geothermal energy under the Petroleum and Geothermal Energy Resources
Act 1967 ;
(b)
other activities authorised by those Acts,
may be carried out, in
accordance with those Acts, in a marine management area.
[Section 13C inserted by No. 5 of 1997
s. 10; amended by No. 35 of 2007 s. 92(6)-(8).]