Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The functions of
the Marine Authority are —
(a) to
have vested in it marine reserves and relevant land referred to in
section 5(1)(g);
(aa) to
have the care, control and management of relevant land referred to in
section 5(1)(h) placed with it;
(b) to
develop policies —
(i)
to preserve the natural marine and estuarine environments
of the State;
(ii)
to provide facilities for the enjoyment of those
environments by the community;
(iii)
to promote appreciation of marine and estuarine flora and
fauna and natural marine and estuarine environments; and
(iv)
to achieve or promote the objectives referred to in
section 56(1)(da), (db) and (e);
(c) to
consider, in accordance with section 17, any cancellation, change of
purpose or boundary alteration in respect of land and waters vested in it;
(d) to
advise the Minister in relation to proposals for reservations for the purposes
of section 14;
(e) to
submit proposed management plans to the Minister as provided in Part V
for land and waters vested in it;
(f) in
relation to management plans for land and waters vested in the Marine
Authority —
(i)
to develop guidelines for monitoring the implementation
of the management plans by the CEO;
(ii)
to set performance criteria for evaluating the carrying
out of the management plans; and
(iii)
to conduct periodic assessments of the implementation of
the management plans;
(g) to
provide advice, upon request, on matters relating to land and waters vested in
it to any body or person, if the provision of advice is in the public interest
and it is practicable for the Marine Authority to provide it;
(h) with
the approval of the Minister, to cause study or research to be undertaken for
the purposes of paragraph (b);
(i)
to inquire into and to advise the Minister on any matter
on which the Minister requests advice; and
(j) to
advise the Minister on any other matter relevant to its functions which it
thinks calls for advice.
(2) It is declared
that the vesting in the Marine Authority of marine reserves is only for the
purpose of subsection (1)(b), (c), (d), (e), (f), (g) and (h) and does
not otherwise limit the functions of the CEO under section 33.
(3) Despite the Land
Act 1933 2 , land to which section 5(1)(g) applies and which is
vested in the Marine Authority is only vested within the meaning in
subsection (2).
(3a) Despite the
Land Administration Act 1997 , the placing of the care, control and
management of land to which section 5(1)(h) applies with the Marine
Authority is only for the purpose referred to in subsection (2).
(4) The Marine
Authority shall not advise the Minister on any matter to which this subsection
applies unless before the advice is tendered it has informed the council of
each local government under the Local Government Act 1995 in whose
district land or waters directly affected by the advice is situated of the
general nature of its proposed advice and afforded any such council a
reasonable opportunity to make submissions thereon.
(5)
Subsection (4) applies to the following matters —
(a) any
proposal to enter into an agreement under section 16 for the management
of land as a marine reserve;
(b) any
matter to which the Minister, by written direction to the Marine Authority,
applies that subsection.
(6) The Marine
Authority shall not advise the Minister on any matter which relates to marine
archaeology unless before the advice is tendered it has informed the Western
Australian Museum of the general nature of its proposed advice and afforded it
a reasonable opportunity to make submissions thereon.
(7) Where a matter
before the Marine Authority is relevant to the management of land vested in
the Conservation Commission or is otherwise relevant to the functions of the
Conservation Commission, the Marine Authority shall refer that matter to the
Conservation Commission for its comment and advice.
(8) Where —
(a) the
Marine Authority has provided advice to the Minister which the Minister has
sought under subsection (1)(i), or is required by this Act to consider or
take into account;
(b) the
advice recommends that the Minister take or refrain from taking specified
action; and
(c) the
Minister decides to act otherwise than in accordance with the recommendation,
the Minister shall
cause a copy of the advice and the decision to be laid before each House of
Parliament within 14 sitting days of that House after the making of the
decision.
[Section 26B inserted by No. 5 of 1997
s. 17; amended by No. 10 of 1998 s. 22(2); No. 24 of 2000
s. 8(3) and (6); No. 35 of 2000 s. 11; No. 28 of 2006
s. 208.]