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National Parks and Wildlife (Lake Gairdner National
Park—Mining Rights) Proclamation 2007
under section 43 of the National Parks and Wildlife Act 1972
1 The Crown land described in Schedule 1 is, by another proclamation made
on this day, added to the Lake Gairdner National Park under section 28(2)
of the National Parks and Wildlife Act 1972.
2 It is intended that, by this proclamation, certain existing and future
rights of entry, prospecting, exploration or mining be preserved in relation to
the land added to the national park.
This proclamation may be cited as the National Parks and Wildlife (Lake
Gairdner National Park—Mining Rights)
Proclamation 2007.
This proclamation comes into operation on the day on which it is
made.
In this proclamation—
Environment Minister means the Minister for the time being
administering the National Parks and Wildlife Act 1972;
Mining Minister means the Minister for the time being
administering the Mining Act 1971 or the Minister for the time being
administering the Petroleum Act 2000, as the case
requires.
Subject to clause 6, existing rights of entry, prospecting,
exploration or mining under the Mining Act 1971 or the Petroleum
Act 2000 may continue to be exercised in respect of the land described
in Schedule 1.
Rights of entry, prospecting, exploration or mining may, with the approval
of the Mining Minister and the Environment Minister, be acquired pursuant to the
Mining Act 1971 or the Petroleum Act 2000 in respect of
the land described in Schedule 1 and may, subject to clause 6, be exercised
in respect of that land.
6—Conditions
for exercise of rights
A person in whom rights of entry, prospecting, exploration or mining are
vested pursuant to the Mining Act 1971 or the Petroleum
Act 2000 (whether those rights were acquired before or after the making
of this proclamation) must not exercise those rights in respect of the land
described in Schedule 1 unless the person complies with the following
conditions:
(a) if work to be carried out in relation to the land in the exercise of
rights under the Petroleum Act 2000 is a regulated activity within
the meaning of that Act, the person must ensure that—
(i) the work is not carried out until a statement of environmental
objectives in relation to the activity that has been approved under that Act has
also been approved by the Environment Minister; and
(ii) the work is carried out in accordance with the statement as so
approved;
(b) if work to be carried out in relation to the land in the exercise of
rights under the Mining Act 1971 or the Petroleum
Act 2000 has not previously been authorised (whether by inclusion in an
approved statement of environmental objectives referred to in paragraph (a)
or otherwise), the person must give at least 3 months notice of the
proposed work to the Mining Minister and the Environment Minister and must
supply each Minister with such information relating to the proposed work as the
Minister may require;
(c) if directions are agreed between the Mining Minister and the
Environment Minister and given to the person in writing in relation
to—
(i) carrying out work in relation to the land in a manner that minimises
damage to the land (including the land's vegetation and wildlife) and the
environment generally; or
(ii) preserving objects, structures or sites of historical, scientific or
cultural interest; or
(iii) rehabilitating the land (including the land's vegetation and
wildlife) on completion of the work; or
(iv) (where the work is being carried out in the exercise of rights
acquired after the making of this proclamation) prohibiting or restricting
access to any specified area of the land that the Ministers believe would suffer
significant detriment as a result of carrying out the work,
(being directions that do not reduce or otherwise detract from any
requirement in respect of any of those matters contained in an approved
statement of environmental objectives referred to in paragraph (a)), the
person must comply with those directions in carrying out the work;
(d) if a plan of management is in operation under section 38 of the
National Parks and Wildlife Act 1972 in respect of the land, the
person must have regard to the provisions of the plan of management;
(e) in addition to complying with the other requirements of this
proclamation, the person—
(i) must take such steps as are reasonably necessary to ensure that
objects, structures and sites of historical, scientific or cultural interest and
the land's vegetation and wildlife are not unduly affected by any work;
and
(ii) must maintain all work areas in a clean and tidy condition;
and
(iii) must, on the completion of any work, obliterate or remove all
installations and structures (other than installations and structures designated
by the Mining Minister and the Environment Minister as suitable for retention)
used exclusively for the purposes of that work;
(f) if no direction has been given by the Mining Minister and the
Environment Minister under paragraph (c)(iii), the person must (in addition
to complying with any approved statement of environmental objectives referred to
in paragraph (a)) rehabilitate the land (including its vegetation and
wildlife) on completion of any work to the satisfaction of the Environment
Minister.
7—Governor may give approvals,
directions
If—
(a) the Mining Minister and the Environment Minister cannot agree as to
whether—
(i) approval should be granted or refused under clause 5;
or
(ii) a direction should be given under clause 6(c); or
(b) the Environment Minister does not approve a statement of environmental
objectives referred to in clause 6(a),
the Governor may, with the advice and consent of the Executive
Council—
(c) grant or refuse the necessary approval under clause 5 or 6(a);
or
(d) give a direction in writing under clause 6(c).
Schedule 1—Description of land
Pieces 102 and 103 of approved plan No. DP 67746, Out of Hundreds
(Yardea), lodged in the Lands Titles Registration Office.
Made by the Governor's Deputy
with the advice and consent of the Executive Council
on 18 January
2007
EC05/0086CS
[Published in the Gazette on 18 January 2007 at page 238]