Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Public
notification of a proposal to make an order under section 13(1) shall be
given in accordance with subsection (2).
(1a) Public
notification of a proposal shall not be given unless —
(a) the
Minister has received a report from the Marine Authority in relation to the
proposal; and
(b) the
Minister for Fisheries and the Minister for Mines have approved the
notification of the proposal.
(2) Unless the
Minister otherwise directs, the way in which public notification of a proposal
is to be given is by the CEO causing the publication —
(a) in
the Gazette ;
(b) in 2
issues of a daily newspaper circulating throughout the State;
(c) in 2
issues of a local newspaper circulating in the area within or contiguous to
which the proposed reserve, park or management area is situated; and
(d) on
such signs as the Minister may direct to be placed on or near the boundaries
of the proposed reserve, park or management area,
of a
notice —
(e)
specifying the boundaries of the waters of the proposed reserve, park or
management area;
(f)
specifying the purpose for which the reserve, park or management area is
proposed to be constituted;
(g)
specifying whether or not the proposed order under section 13(1) will
classify the reserve, park or management area as Class A;
(h)
specifying the places at which —
(i)
a copy of a map of the proposed reserve, park or
management area may be inspected;
(ii)
a copy of any indicative management plan for the proposed
reserve, park or management area issued under subsection (2b) may be
inspected; and
(iii)
copies of the map, and of any such indicative management
plan, may be obtained;
(i)
setting out, for the purpose of assisting persons who may
wish to make submissions under subsection (4), such other information as
the Minister considers relevant to the proposal; and
(j)
stating the effect of subsection (4) and specifying the period and the
address or addresses referred to in that subsection.
(2a) Where a notice
for the purposes of subsection (2) deals with a proposal to establish a
marine park, the notice shall also specify the proposed classification under
section 62 of the park, or of the areas of the park, for the purposes of
section 13B(2) and —
(a) the
purpose or purposes of any proposed recreation area, together with any
declaration proposed to be made as to activities which are considered
incompatible with the purpose or any of the purposes; and
(b) the
purpose or purposes of any proposed special purpose area, together with any
declaration proposed to be made as to activities which are considered
incompatible with the purpose or any of the purposes.
(2b) Where a notice
for the purposes of subsection (2) deals with a proposal to establish a
marine nature reserve or marine management area, the notice shall also specify
any classification of the reserve or management area, or of areas of the
reserve or management area, that is proposed to be made under
section 62(1b) as soon as practicable after the reservation of the
reserve or management area.
(2c) Before public
notification of a proposal to make an order under section 13(1) is given,
the Minister shall cause an indicative management plan for the proposed
reserve, park or management area to be prepared and issued.
(2d)
Sections 55(1) and (3) and 56(1)(da) and (db) apply to the preparation of
an indicative management plan.
(3)(a) Notification of
a proposal to make an order under section 13(1) shall be given to the
local government of each district which is contiguous to the proposed reserve,
park or management area.
(b)
Notwithstanding subsection (4) each local government notified pursuant to
paragraph (a) shall be given a reasonable time in which to prepare
written submissions on the proposal.
(4) Written
submissions on the proposal may be made by any person —
(a)
within a period determined by the Minister, which period shall be not less
than 3 months after the day on which the notice is published in the
Gazette ; and
(b) by
delivering or posting them, so that they are received within that period at an
address designated by the Minister.
(5) Subject to this
section, the Minister may submit the proposal, modified as he thinks fit to
give effect to submissions made under this section, to the Governor for the
making of an order under section 13.
(6) The Minister shall
not make a submission to the Governor under subsection (5)
unless —
(a) the
Minister has received a report from the Marine Authority in relation to any
submissions received under this section; and
(b) the
Minister for Fisheries and the Minister for Mines concur with the submission
to the Governor.
(7) If the Governor
makes an order under section 13 in respect of a reserve, park or
management area for which an indicative management plan was issued under
subsection (2c), the Minister may approve the plan or approve it with
such modifications as the Minister thinks fit to give effect to submissions
made under this section.
(8)
Section 60(2a) and (2b) apply to the approval of an indicative management
plan as if the references in those subsections to the controlling body were
references to the Minister.
(9) Notice that an
indicative management plan has been approved by the Minister shall be
published in the Gazette , together with a note showing —
(a)
whether any modifications were made by the Minister under subsection (7);
and
(b)
where a copy of the plan may be inspected or obtained.
(10) An indicative
management plan comes into operation on the day of publication in the Gazette
of a notice under subsection (9) or on such later day as is specified in
the plan.
(11) In the case of a
proposal to alter a boundary of a reserve, park or management area as referred
to in section 13(10), the provisions of this section, other than
subsection (2)(f) and (g), apply to the proposed new boundaries of the
reserve, park or management area and the additional waters proposed to be
included in it —
(a) as
if references to an indicative management plan were references to an amendment
of the indicative or other management plan for the reserve, park or management
area; and
(b) with
any other necessary modifications.
[Section 14 amended by No. 76 of 1988
s. 5; No. 53 of 1994 s. 264; No. 14 of 1996 s. 4;
No. 5 of 1997 s. 11; No. 28 of 2006 s. 209.]