Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the Minister
is of the opinion, having regard to any advice given by the Council, that an
entry in the Register should be —
(a)
amended, otherwise than pursuant to section 46(4); or
(b)
removed from the Register,
the Minister may,
subject to this section, so direct, and the Council shall give effect to that
direction.
(2) Subject to
subsection (3) and subsection (4), an entry in the Register,
otherwise than an entry made at the time of interim registration, shall not be
amended or be removed pursuant to subsection (1)
unless —
(a) the
Council has, by public advertisement —
(i)
stated the reasons for the proposed amendment or removal;
(ii)
set out a sufficient description to identify the place,
or specific portion of a place, affected;
(iii)
invited persons generally to make submissions to the
Council in relation to the proposed amendment or removal, specifying the
manner in which and the address to which the submissions should be forwarded;
and
(iv)
specified the date, being not earlier than 6 weeks after
the publication of the advertisement in the Gazette , by which the submissions
are to be made,
and the date so
specified has passed; and
(b) the
Council has considered any submissions forwarded and advised the Minister as
to the recommendation of the Council.
(3) Where the advice
referred to in subsection (2)(b) is not received by the Minister within a
period of 9 months following the publication pursuant to
subsection (2)(a) of the advertisement in the Gazette the Minister may
direct that the entry be so amended or removed from the Register forthwith.
(4) Where by reason of
any demolition or other sufficient cause the Minister is satisfied that no
practical purpose would be served by publishing an advertisement under
subsection (2) in respect of a proposal to remove an entry from the
Register, the Minister may direct the Council that compliance with
subsection (2) shall be dispensed with, and the Council shall thereupon
cause a notice for public information to be published in the Gazette .
(5) Where any entry in
the Register is amended or is removed (whether pursuant to this section or
otherwise), the Council shall —
(a)
cause to be entered in the Register, against the description of that place, a
statement that the entry has been amended or removed from the Register, as the
case may require, and as to the authorisation pursuant to which that was done
and the date on which the statement was entered;
(b) by
public advertisement, state the nature of the amendment or that the entry has
been removed, sufficiently identifying the place affected; and
(c)
comply with section 56(2).
(6) The Council shall
publish by public advertisement any advice given by it to the Minister under
this section in relation to the removal from the Register of an entry relating
to a place vested in the Crown, or in a person on behalf of the Crown, in
right of the State.
(7) The place shall
not be removed from the Register until a resolution of both Houses of
Parliament to that effect is passed.