Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where, after the
publication of a public advertisement under section 49(1) in relation to
a place but before the place has been entered in the Register under
section 51, the Minister directs that the place or any portion of the
place should not be entered permanently in the Register, the Council shall by
a notice by way of public advertisement published in manner similar,
where practicable, to that in which the advertisement under
section 49(1) was published —
(a) give
notice that a permanent entry in relation to it will not be made, setting out
a sufficient description to identify the place or portion of the place
affected;
(b)
notify persons generally of their right to make submissions relating to that
decision; and
(c)
specify the date, being not earlier than 3 weeks after the publication of the
advertisement in the Gazette , by which, the manner in which and the address
to which the submissions are to be made.
(2) Where a submission
is made in accordance with subsection (1) the Council shall again advise
the Minister, after giving due consideration to that submission, but subject
to any direction then given by the Minister the Council shall cause any
existing entry to be removed as soon as is practicable after the date referred
to in subsection (1)(c).
(3) Where the Minister
is of the opinion that a notice given under subsection (1) should be
withdrawn and so directs, the Council shall give notice of that decision in a
manner similar, where practicable, to that in which the notice given under
subsection (1) was given.
(4) Where the Minister
is of the opinion that a place vested in the Crown, or in a person on behalf
of the Crown, in right of the State, should not be entered in the Register on
a permanent basis, the Minister shall cause the opinion to be tabled in both
Houses of Parliament within 6 sitting days.
(5) Such a place
remains in the Register unless both Houses of Parliament pass motions
permitting such removal.