Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where any aspect
of measures proposed in relation to the conservation of a registered place is
prohibited or impeded by, or by reason of the operation of, a written law, the
Minister on the recommendation of the Council may, by Order published in the
Gazette , declare that —
(a) that
written law, or specified provisions of that written law; or
(b) any
Code of practice, standard, or other legislative requirement arising from the
operation of, or any method of implementation of, that written law,
shall not apply to, or
have effect in relation to that place or to any land which is for the purposes
of this Act associated with that place, or shall apply or have effect subject
to specified amendments, in such circumstances or subject to such conditions,
if any, as are specified, and the written law in respect of that place or such
land shall be thereupon deemed to have been amended and effect shall be given
to the Order according to its tenor.
(2) In
subsection (1), specified means specified in the Order.
(3) Where the Council
is of the opinion —
(a) that
the measures proposed as an incentive to, or as needed to effect, the proposed
conservation of a place constitute a workable arrangement; and
(b) that
the conservation of that place pursuant to those measures and the making of an
Order to give effect to legislative amendments needed to implement those
measures is so necessary as to warrant it, notwithstanding that the interests
of persons may be affected in a way that is not acceptable to those persons,
the Council may
recommend to the Minister that an Order be made under subsection (1)
accordingly, but shall not do so otherwise.
(4) An Order under
subsection (1) shall not be made unless —
(a)
where a Minister of the Crown, other than the Minister administering this Act,
is responsible for the administration of a written law to which the proposed
Order applies, the Minister has obtained the prior concurrence in writing of
that other Minister of the Crown or a determination has been made under
section 12; and
(b) the
Minister is satisfied that, after consultations by the Council with public
authorities and persons likely to be affected, due consideration has been
given to the public interest, health and safety.
(5) Subject to
section 39, an Order made under this section takes
effect —
(a) on
the day of publication in the Gazette ; or
(b)
where another day is provided for in the Order, on that day.
(6) An Order made
under this section may be amended or revoked by another Order so made.