Western Australian Current Acts Western Australian Current Acts (1) The CEO may grant
a licence in writing to any person to enter and use any land to which this
Division applies.
(1a) The Minister,
after consultation with the Commission, and on the recommendation of the CEO,
may, by notice published in the Gazette , declare that a permit is required
for the carrying on of any activity specified in the notice on land to which
this Division applies.
(1b) The CEO may grant
to a person a permit of the kind required by a declaration made under
subsection (1a).
(1c) A person shall
not, on any land to which this Division applies, carry on any activity for
which a permit is required by a declaration made under subsection (1a) unless
the person is —
(a) the
holder of a permit of the kind required by the declaration; or
(b)
authorised to carry on that activity on the land under this Act or another
written law.
Penalty: $4 000.
(1d) Subsections (1a)
to (1c) do not affect the operation of section 130 or regulations made under
that section.
(1e) If a permit is
granted under this section that authorises the removal of water from land
—
(a) the
granting of the permit does not limit the operation of the
Rights in Water and Irrigation Act 1914 ; and
(b) the
permit can apply only to land vested in or under the care, control and
management of the Commission, whether solely or jointly with a joint
responsible body, for which there is a management plan in force that provides
for water to be taken from the land; and
(c) the
permit cannot authorise an activity to be carried on for the purposes of the
removal of water from land unless the activity is consistent with the
management plan.
(2) The CEO may renew
the period of operation of a licence or permit under this section from time to
time, or transfer the authority it confers from one person to another, or,
where its operation relates to any place, may transfer that operation to
another place of the same kind.
(3) A licence or
permit under this section may be granted, renewed or transferred subject to
such conditions as the CEO thinks fit, which conditions —
(a)
shall be endorsed upon or attached to the licence or permit when granted,
renewed or transferred, as the case may be; and
(b) may
be added to, cancelled, suspended and otherwise varied by the CEO from time to
time during the operation of the licence or permit.
(4) The holder of a
licence or permit under this section shall not contravene or fail to comply
with any condition endorsed upon or attached to the licence or permit.
Penalty: $4 000.
(5) Where the holder
of a licence or permit under this section contravenes or fails to comply with
any condition endorsed upon or attached to the licence or permit, the CEO may,
by notice in writing to him, cancel the licence or permit or suspend it for
such period as he thinks fit.
(6) If a licence
granted under subsection (1) to enter and use any land to which this Division
applies is transferable by the licensee, in accordance with the
Personal Property Securities Act 2009 (Commonwealth) section 10 the
definition of licence paragraph (d), the licence is declared not to be
personal property for the purposes of that Act.
[Section 101 amended: No. 5 of 1997 s. 32; No. 35
of 2000 s. 38; No. 28 of 2006 s. 209; No. 36 of 2011 s. 38; No. 42 of 2011
s. 68; No. 28 of 2015 s. 53, 69 and 71.]
[Heading inserted: No. 76 of 1988 s. 12; amended:
No. 5 of 1997 s. 33.]