Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The classes of
land to which this section applies are —
(a) any
part of the foreshore, being the area between the mean high water springs
level of the sea and the mean low water springs level of the sea;
(b) any
part of the sea bed between the mean low water springs level of the sea and
the seaward limits of the territorial waters of the State;
(c) any
land under navigable waters in the State; and
(d) any
land that is a townsite within the meaning of the
Land Administration Act 1997 ,
but this
section does not apply to land that is part of a marine nature reserve,
marine park or marine management area.
(2)(a) Mining on any
land referred to in subsection (1)(a), (b) or (c) may be carried out with
the written consent of the Minister who may refuse his consent or who may give
his consent subject to such terms and conditions as the Minister specifies in
the consent.
(b)
Before giving his consent whether conditionally or unconditionally the
Minister shall first consult the Minister to whom the administration of the
Fish Resources Management Act 1994 is for the time being committed by the
Governor, the Minister to whom the administration of the Marine and
Harbours Act 1981 is for the time being committed by the Governor, the
Minister to whom the administration of the Land Administration Act 1997
is for the time being committed by the Governor and the Minister to whom the
administration of the Environmental Protection Act 1986 is for the time
being committed by the Governor with respect thereto and obtain their
recommendations thereon.
(3)(a) Mining on any
land referred to in subsection (1)(d) may be carried out with the written
consent of the Minister who may refuse his consent or who may give his consent
subject to such terms and conditions as the Minister specifies in the consent.
(b)
Before giving his consent whether conditionally or unconditionally the
Minister shall first consult the Minister to whom the administration of the
Land Administration Act 1997 is for the time being committed by the
Governor and the local government, in respect thereto and obtain their
recommendations thereon.
[Section 25 amended by No. 77 of 1986
s. 9; No. 22 of 1990 s. 7; No. 37 of 1993 s. 4;
No. 14 of 1996 s. 4; No. 5 of 1997 s. 42; No. 31 of
1997 s. 71(12) and 141; No. 24 of 2000 s. 26(1).]