Western Australian Current Acts Western Australian Current Acts (1) In this section
—
historical protected area order means an order
made under section 315(1) of the 2021 Act that, under section 316(1) of the
2021 Act, is in effect immediately before repeal day as if it were an order
made under section 82(1) of the 2021 Act;
protected area order means —
(a)
subject to subsection (8), an order made under section 82(1) of the 2021 Act
that is in effect immediately before repeal day; or
(b) an
historical protected area order;
spent protected area order —
(a)
means an order that, under section 316(1) of the 2021 Act, is in effect
immediately before repeal day as if it were an order made under section 82(1)
of the 2021 Act; but
(b) does
not include an historical protected area order.
(2) On and after
repeal day —
(a) a
protected area order continues in effect as if it were an order made under
section 19(4); and
(b) the
area declared by the protected area order as a protected area is, accordingly,
a protected area for the purposes of this Act; and
(c) the
protected area order may be varied or revoked under section 25 accordingly.
(3) Subsection (2)
applies even if the area declared by the protected area order as a protected
area, or any area included in that protected area —
(a)
could not be declared to be a protected area under section 19(4); or
(b)
could not be included in an area declared to be a protected area under
section 19(4).
(4) If any conditions
were stated in the protected area order under section 82(3)(d) or 315(5)(d) of
the 2021 Act, the conditions cease to have effect at the beginning of repeal
day.
(5) Section 21 does
not apply in relation to an area that is a protected area by virtue of
subsection (2).
(6) For the purposes
of section 22(1), the exclusive right to the occupation and use of a place
that is a protected area by virtue of subsection (2) vests in the Minister on
behalf of the Crown at the beginning of repeal day.
(7) No person is
entitled to be paid compensation under section 22(2) in relation to an area
that is a protected area by virtue of subsection (2).
(8) Paragraph (a) of
the definition of protected area order in subsection (1) does not include an
order that, under section 316(1) of the 2021 Act, is in effect immediately
before repeal day as if it were an order made under section 82(1) of the 2021
Act.
(9) All spent
protected area orders are repealed.
[Section 73 inserted: No. 23 of 2023 s. 23.]