Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Following the
publication of proposals by the Committee and consideration of any submissions
relating thereto in the manner required by section 18, the Minister, if
he is of the opinion that the public interest so requires, may, with the
consent of the Governor, by notice published in the Government Gazette
establish any land specified therein, whether or not private land and
notwithstanding that the owner or occupier of that land does not consent to
the proposals, as a prohibited area for the purposes of this Act either in
relation to vehicles generally or, pursuant to section 20(2), in relation
to specified vehicles or circumstances.
(2) A declaration made
and published under subsection (1) may, subject to the provisions of
section 18(3), be varied or cancelled by a subsequent declaration so made
and published.
(3) A declaration made
under this section shall take effect on the date of the publication of the
notice in the Government Gazette or on such later date as may be specified in
that notice.
(4) Where pursuant to
subsection (1) any private land is included within a prohibited area for
the purposes of this Act a person who is the owner or an occupier normally
resident on that land, or who is engaged in the working of that land on behalf
of any such owner or occupier, who drives or uses a vehicle on that land shall
not be taken to contravene the provisions of section 6(2).
(4a) Where pursuant to
subsection (1) any private land is included within a prohibited area for
the purposes of this Act, a person who is the owner or an occupier normally
resident on that land, or who is engaged in the working of that land on behalf
of any such owner or occupier, who drives or uses or travels as a passenger in
a vehicle on that land in circumstances that but for this subsection would
constitute an offence against section 9A, 9B or 9C shall not in such
circumstances be taken to contravene section 9A, 9B or 9C as the case may
be.
(5) The Minister shall
not exercise the power conferred by subsection (1) in relation to any
private land without the consent of the owner and of any lawful occupier of
that land unless it is the opinion of the Minister that the public interest so
requires by reason of —
(a) the
need to provide for the protection of livestock or the preservation of any
wildlife or flora;
(b) the
environmentally sensitive nature of the land or things growing on the land;
(c) the
proximity of any land used for residential purposes, or for purposes likely to
be incompatible with the use of vehicles in the vicinity; or
(d) the
provisions of any local planning scheme.
[Section 16 amended by No. 12 of 1985
s. 6; No. 38 of 2005 s. 15.]