Western Australian Consolidated Acts Western Australian Consolidated Acts (1) When a management
body —
(a)
agrees that its management order should be revoked; or
(b) does
not comply with its management order or with a management plan which applies
to its managed reserve or does not submit a management plan in compliance with
a request made under section 49(2),
the Minister may by
order revoke that management order.
(2) If, in the absence
of agreement or non-compliance referred to in subsection (1), the
Minister considers that it is in the public interest to revoke a management
order, the Minister may by order revoke the management order.
(3) On the revocation
of a management order or an order made under section 33 of the repealed
Act or section 42 or 43 of the Land Act 1898 7 that subsists as if
it were a management order under subsection (2), the former management
body may claim compensation under Part 10 for any improvement made on the
relevant reserve in accordance with the management order or an order made
under section 33 of the repealed Act or section 42 or 43 of the
Land Act 1898 7 that subsists as if it were a management order as if
that revocation were a taking under Part 9.
(4) Despite the
revocation of a management order —
(a)
under subsection (1), if the Minister so specifies in the revocation
order; or
(b)
under subsection (2),
an interest (including
an interest under Part 9 or under the Public Works Act 1902 ) which
existed in, or any caveat which existed in respect of, the relevant land
immediately before that revocation continues, irrespective of any subsequent
creation of interests in or use of that land but subject to this Act, so to
exist.
(5) Despite anything
in an order revoking a management order, the Minister may, with the consent of
the management lessee, vary the terms of a management lease continued in
existence by subsection (4).
(6) In
subsection (5) —
management lease means lease granted or a lease
that subsists as if it were a lease granted under a power conferred under
section 46(3);
management lessee means person to whom a
management lease is granted.
(7) In
subsections (1), (2), (4) and (5) —
management order includes an order made under
section 46(3)(a) or an order made under section 33 of the repealed
Act or section 42 or 43 of the Land Act 1898 7 that subsists as
if it were a management order or an order made under section 46(3)(a).
[Section 50 amended by No. 59 of 2000
s. 13.]