Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Nothing in this
section applies to —
(a)
State forest;
(b)
conservation parks;
(c)
national parks referred to in section 6(3)(b); or
(d) land
classified under the Land Administration Act 1997 as a class A
reserve or under section 13(4) as of Class A,
but otherwise this
section applies to all land to which this Act applies.
(2) Where it is
proposed to —
(a)
cancel or amend the purpose of any land to which this section applies; or
(b)
alter any boundary of any such land otherwise than by an addition thereto,
the Minister shall
refer the proposal to the body in which the land is vested and any associated
body.
(3) The
Conservation Commission or Marine Authority, as the case may be, and any
associated body shall consider any proposal so referred to it and shall notify
the Minister whether it —
(a)
approves the proposal;
(b)
declines to approve it;
(c)
approves it in a modified form; or
(d)
approves it subject to any condition.
(4) The Minister is
not bound by the decision of the Conservation Commission or the Marine
Authority or any associated body under subsection (3), but the
Conservation Commission or the Marine Authority shall record in its annual
report under section 31 any case where its decision is not acted on by
the Minister in any respect and set out the reasons for its decision.
(4a) Where a proposal
referred to in subsection (2) relates to land that is in the development
control area or the Riverpark as defined in the Swan and Canning Rivers
Management Act 2006 the Minister shall refer the proposal to the Swan
River Trust and subsections (3) and (4) shall, with all the necessary
changes, apply to that body in the same way as they apply to the
Conservation Commission or the Marine Authority.
(5) Except in the case
of the waters of a marine reserve to which subsection (6) applies, or in
the case of a timber reserve to which subsection (6a) applies, the
Minister may, subject to this section, recommend to the
Land Administration Minister that an order be made to give effect to the
proposal, and, if that Minister agrees, the proposed cancellation, amendment
or alteration shall then be carried into effect under Part 4 of that Act.
(6) In the case of the
waters of a marine reserve, other than a marine reserve comprising land
reserved under Part 4 of the Land Administration Act 1997 , the
Minister, with the concurrence of the Minister for Fisheries and the Minister
for Mines, may, subject to this section, recommend to the Governor that an
order be made to give effect to the proposal, and thereupon the Governor shall
by order published in the Gazette give effect to the proposed cancellation,
amendment or alteration.
(6a) In the case of a
timber reserve (other than land reserved under Part 4 of the Land
Administration Act 1997 as a timber reserve), the Minister, with the
concurrence of the Minister for Forest Products, may, subject to this section,
recommend to the Governor that an order be made to give effect to the
proposal, and thereupon the Governor shall by order published in the Gazette
give effect to the proposed cancellation, amendment or alteration.
(7) Where the purpose
for which land is reserved or held is cancelled, the land shall become Crown
land within the meaning of the Land Administration Act 1997 and
section 7 shall cease to apply to it.
(8) In this section
except subsection (7), "land" includes the waters comprised in a marine
reserve.
[Section 17 amended by No. 21 of 1988
s. 5; No. 20 of 1991 s. 15; No. 5 of 1997 s. 14;
No. 31 of 1997 s. 15(7), (8) and 141; No. 24 of 2000 s. 8(2);
No. 35 of 2000 s. 9; No. 74 of 2003 s. 39(5); No. 28 of 2006
s. 186; No. 52 of 2006 s. 6.]
[Heading inserted by No. 20 of 1991
s. 16.]