Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Part, the controlling body shall submit the proposed plan, modified as it
thinks fit to give effect to submissions made under section 58 and any
request under section 59(4), to the Minister for approval together with a
copy of all requests so made.
(2) Subject to
subsections (2a) and (2b), the Minister may approve the proposed plan or
approve it with such modifications as he thinks fit.
(2a) If the Minister
for Fisheries has made submissions to the controlling body on a proposed
management plan for a marine park or a marine management area, the Minister
shall not approve the proposed plan unless —
(a) the
Minister —
(i)
is satisfied that the proposed plan gives effect to those
submissions; or
(ii)
having referred the proposed plan to the Governor, is
satisfied that it gives effect to the decision of the Governor,
so far as those
submissions or the Governor’s decision relate to aquaculture, commercial
or recreational fishing or pearling activity in the park or management area;
and
(b) the
Minister is satisfied that consideration has been given to those submissions
so far as they are about other matters relating to the administration of the
Fish Resources Management Act 1994 or the Pearling Act 1990 .
(2b) If the Minister
for Mines has made submissions to the controlling body on a proposed
management plan for a marine park or a marine management area, the Minister
shall not approve the proposed plan unless the Minister —
(a) is
satisfied that the proposed plan gives effect to those submissions; or
(b)
having referred the proposed plan to the Governor, is satisfied that it gives
effect to the decision of the Governor,
so far as those
submissions or the Governor’s decision relate to mining or petroleum or
geothermal energy related exploration or production activities or the
administration of the Mining Act 1978 , the
Petroleum and Geothermal Energy Resources Act 1967 , the Petroleum
(Submerged Lands) Act 1982 or the Petroleum Pipelines Act 1969 .
(3) Notice that a
management plan has been approved by the Minister shall be published in the
Gazette , together with —
(a) in
the case of a State forest, a notification of the purpose or combination of
purposes specified in the plan for that State forest; and
(b) a
note showing —
(i)
whether any modifications were made by the Minister under
subsection (2); and
(ii)
where a copy of the plan may be inspected or obtained.
(4) A management plan
shall come into operation on the day of publication in the Gazette of a notice
under subsection (3) or on such later day as is specified in the plan.
[Section 60 amended by No. 76 of 1988
s. 11; No. 20 of 1991 s. 30; No. 53 of 1994 s. 264;
No. 5 of 1997 s. 26; No. 35 of 2000 s. 27; No. 43 of 2002
s. 6; No. 35 of 2007 s. 92(10).]