Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Except in so far
as the provisions of section 13 apply, the Minister shall not declare any
land to be a permitted area, or declare any land to be established as a
prohibited area, until the recommendations of the Committee have been sought
by him, and the Minister is required to have regard to, but not necessarily to
give effect to, any recommendations the Committee may make in relation to the
locality in question.
(2) The Committee may,
and if the Minister so requires shall, prepare and submit to the Minister
recommendations as to the declaration of permitted areas and prohibited areas,
and in relation to the variation, temporary closure, or cancellation of such
areas from time to time.
(3) The Minister shall
refer to the Committee any question as to the declaration, variation or
cancellation of a permitted area or a prohibited area which is not of a nature
that falls within existing recommendations of the Committee or which does not
relate only to a minor variation.
(4) Where the Minister
is of the opinion that an investigation and recommendation of the Committee is
necessary or expedient in relation to the use of any kind of vehicle the
Minister may require the Committee to make such investigation and
recommendation.
(5) The Committee
shall not make any recommendation under this Act in relation to the
declaration of any land as a permitted area or prohibited area or as to the
cancellation of any such declaration without a prior investigation, notice of
which the Committee shall cause to be published in a newspaper circulating
throughout the State and in any newspaper circulating particularly in, or in
the vicinity of, the locality of the land to be investigated.
(6) The notice to be
published pursuant to subsection (5) shall —
(a)
describe the land to be investigated sufficiently to enable it to be readily
determined;
(b)
state the general nature of the proposals;
(c) give
an address where further details of the land and of the proposals may be
obtained, and a plan of the land and its general location may be inspected;
(d)
state that submissions sent to the Committee at the address and in the manner
therein specified will be considered if they are received within 30 days
of such notice.
(7) For the purposes
of preparing a report on an investigation the Committee shall send a copy of
the notice published under subsection (5) to, and have regard to the
views of, —
(a) any
local government —
(i)
in the district of which the land, or any part of the
land, to which the proposals relate is situated or is regarded as being
situated for the purposes of this Act; or
(ii)
the inhabitants of whose district are by reason of
proximity likely to be affected by the proposals;
(b) the
CEO within the meaning of the Environmental Protection Act 1986 and any
public authority that in the opinion of the Committee has an interest in the
land to which the proposals relate or in the use of that land or land likely
to be affected by the proposals; and
(c) any
person or body who or which in the opinion of the Committee has an especial
interest in respect of the investigation,
and shall consider any
submissions on, or objections to, the proposals received within the period
specified in the notice published under subsection (5) or such longer
period as may be agreed upon.
(8) On completing an
investigation under this section the Committee shall prepare a report setting
out the recommendations of the Committee, specifically drawing to the notice
of the Minister all objections received and advising the Minister thereon.
[Section 18 amended by No. 14 of 1996
s. 4; No. 54 of 2003 s. 142.]