Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section a
reference to the provisions of an Act includes a reference to the provisions
of any regulation, local law, by-law, Order in Council, proclamation,
declaration or notice, made, given or promulgated under the provisions of that
Act, and in the case of the Environmental Protection Act 1986 includes a
reference to the provisions of an environmental protection policy approved
under section 31 of that Act.
(2) Where the
provisions of this Act are in conflict with the provisions
of —
(a) the
Bush Fires Act 1954 ;
(b) the
Health Act 1911 ;
(c)
subject to section 6, the Land Administration Act 1997 ;
(d) any
Act for the time being providing for the conservation of wildlife or
indigenous flora;
(e) any
Act relating to the powers of a Port Authority established under the
provisions of an Act within the area of competence of that Port Authority, in
so far as such powers relate to matters affecting navigation or the conduct
and management of the port; or
(f) the
Environmental Protection Act 1986 ,
or where the exercise
of a power conferred by or under this Act would be inconsistent with the
exercise of a power conferred by any such provisions, the provision of this
Act shall be deemed not to apply in so far as it so conflicts and any such
inconsistent power conferred by or under this Act shall, to the extent of the
inconsistency, not be exercised so as to limit or restrict the exercise of the
power conferred by or under that other Act.
(3) In so far as the
provisions of this Act are in conflict with the powers conferred on a local
government by the Local Government Act 1995 , or any other
Act —
(a)
where the matter in question is a matter which in the opinion of the Minister
relates entirely to the waters comprised within a management area for the time
being defined pursuant to section 10(1) or any waters to which
section 31 or section 32 applies, the provisions of this Act shall
prevail;
(b)
where the matter in question relates to associated land or land to which
section 31 or section 32 applies and the Minister agrees with the
local government that it is not likely to affect such waters, the provisions
of this Act shall be deemed not to apply; and
(c)
where the matter in question is a matter which in the opinion of the Minister
may indirectly affect such waters, the local government shall consult with the
Minister ,
and regulations made
under this Act may make provision as to the types of matter that are to be
taken as falling within the categories referred to in this subsection and as
to the manner in which and the circumstances where such matters shall be
brought to the notice of the Minister.
(4) Nothing in this
Act shall be construed as operating to prevent the grant of any right,
tenement, lease, licence, permit or other interest under or pursuant
to —
(a) the
Mining Act 1904 3 ;
(b) the
Petroleum and Geothermal Energy Resources Act 1967 ; or
(c) the
Petroleum (Submerged Lands) Act 1967 4 ,
or any Act repealing
or substituted for any such Act, but the provisions of this Act may have
effect in relation to any works carried out in consequence of that grant.
(5) Subject to the
provisions of this section, this Act shall be construed so as to apply to any
power and notwithstanding any right, however arising and whether conferred
before or after the coming into operation of this Act, vested in any person,
body or authority in relation to the waters and land to which this Act
applies.
[Section 5 amended by No. 77 of 1986
s. 37; No. 14 of 1996 s. 4; No. 31 of 1997 s. 141;
No. 35 of 2007 s. 108; No. 38 of 2007 s. 144 and 188.]