Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister may
by order place with any one person or jointly with any 2 or more persons the
care, control and management of a reserve for the same purpose as that for
which the relevant Crown land is reserved under section 41 and for
purposes ancillary or beneficial to that purpose and may in that order subject
that care, control and management to such conditions as the Minister
specifies.
(2) The Minister may,
with the consent of the management body of a reserve and of the holders of any
interests within the reserve, by order vary any condition to which the care,
control and management of the reserve is subject.
(3) The Minister
may —
(a) by
order confer on a management body power, subject to section 18, to grant
a lease or sublease or licence over the whole or any part of the Crown land
within the reserve in question for the purposes referred to in
subsection (1); and
(b)
approve a mortgage of any such lease.
(3a) The Minister may
by order —
(a)
without the consent of the management body of a reserve, vary —
(i)
an order made under subsection (3)(a); or
(ii)
an order made under section 33 of the repealed Act
or section 42 or 43 of the Land Act 1898 7 that subsists as an order
made under subsection (3)(a),
in relation to whether
or not prior approval in writing of the Minister is required to a grant of a
lease, sublease, or licence; or
(b) with
the consent of the management body of a reserve, vary any other condition to
which —
(i)
an order made under subsection (3)(a); or
(ii)
an order made under section 33 of the repealed Act
or section 42 or 43 of the Land Act 1898 7 that subsists as
an order made under subsection (3)(a),
is subject.
(3b) The
Minister’s approval under section 18 is not required for the
exercise of a power conferred under subsection (3)(a) unless —
(a) the
person on whom the power is conferred is —
(i)
a body corporate that is constituted for a public purpose
under an enactment and is an agency of the Crown in right of the State; or
(ii)
a person referred to in subsection (10)(b),
and the order provides
that the Minister’s approval under section 18 is required; or
(b) the
person on whom the power is conferred is a person other than a person referred
to in paragraph (a).
(4) If an unmanaged
reserve is the subject of —
(a) a
lease granted under section 47; or
(b) a
licence, or a lease or profit à prendre, granted under section 48,
or of any other
interest in the unmanaged reserve, the Minister may under subsection (1)
place the care, control and management of that reserve with a management body
subject to that licence, lease or profit à prendre or other interest,
the term of which continues unbroken by that placing.
(5) An order made
under subsection (1), (2), (3) or (3a) does not create any interest in
Crown land in the relevant reserve in favour of the management body of that
reserve.
(6) If Crown land
reserved under section 41 for the purpose of recreation is leased or
subleased under a power conferred under subsection (3), the lessee or
sublessee may, unless the terms of the management order or the lease or
sublease otherwise provide, restrict public access to the area leased.
(7) A person with whom
the care, control and management of a reserve is placed by order under
subsection (1) has, by virtue of this subsection, the capacity, functions
and powers to hold and deal with the reserve in a manner consistent with the
order, any order conferring power on that person under subsection (3)(a)
and this Act to the extent that the person does not already have that capacity
or those functions and powers.
(8)
Subsection (7) does not authorise a management body to perform a function
or exercise a power if another enactment expressly prevents the person from
performing that function or exercising that power, or expressly authorises
another person to perform that function or exercise that power.
(9) Any instrument in
relation to the care, control and management of a reserve entered into or
given by a person holding an office referred to in subsection (10)(b)(i)
or (iii) is taken to have been entered into or given by the person for the
time being holding that office.
(10) In
subsection (1), a reference to a person is a reference to —
(a) a
person having perpetual succession;
(b) a
person not having perpetual succession who is —
(i)
a Minister to whom the Act specified in the relevant
order is for the time being committed by the Governor;
(ii)
the Marine Parks and Reserves Authority established under
section 26A of the Conservation and Land Management Act 1984 ; or
(iii)
a person holding a prescribed office.
(11) If an order made
under section 33 of the repealed Act subsists under clause 16(1) of
Schedule 2 as if it were a management order under section 46(1), the
Minister may by order vary that order to place the care, control and
management of the reserve the subject of the order with a person referred to
in subsection (10).
(12) An order made
under section 46(1) before the coming into operation of section 12
of the Land Administration Amendment Act 2000 1 may be varied by the
Minister by order to place the care, control and management of the reserve the
subject of the order with a person referred to in subsection (10).
[Section 46 amended by No. 59 of 2000
s. 12(1)-(3) 8 .]