Western Australian Consolidated Acts Western Australian Consolidated Acts (1) On the
recommendation of the Minister the Governor may by Order in Council published
in the Gazette —
(a)
declare any area of the State containing one or more rivers, inlets or
estuaries to be a management area for the purposes of this Act, assign a name
to the area, define the boundaries of the waters and associated land comprised
in the area, declare any artificial canal, canal system, lake, lagoon, harbour
or embayment connected to a river, inlet or estuary that is in the area to
form part of that river, inlet or estuary;
(b)
amend any previous Order in Council made under this Act in relation to any
area; or
(c)
declare that the provisions of this Act shall cease to apply to any waters or
land.
[(2) deleted]
(3) The boundaries of
a management area shall be defined by reference to a map showing, where
practicable using geographical features, the extent of the waters and land
affected in such a way as to enable those boundaries to be readily
established.
(4) No land shall be
included within a management area unless, in the opinion of the Minister, the
inclusion of that land is necessary in order satisfactorily to achieve the
control needed for the conservation and management of the waters by reason of
the contour of that land or its use, proximity or other relevant circumstance.
(5) An Order in
Council made under subsection (1) defining or altering the boundaries of
a management area, shall be laid before each House of Parliament within the 6
sitting days of such House next following the date of publication in the
Gazette , and the provisions of section 42 of the Interpretation
Act 1984 , shall apply to any such Order in Council as if it had been a
regulation.
(6) This section does
not apply in respect of the development control area or the Riverpark.
[Section 10 amended by No. 97 of 1982
s. 3; No. 21 of 1988 s. 26; No. 73 of 1995 s. 168;
No. 52 of 2006 s. 6; No. 38 of 2007 s. 148.]
[Heading inserted by No. 38 of 2007 s. 149.]