Western Australian Current Acts

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CONSERVATION AND LAND MANAGEMENT ACT 1984 - SECT 10A

10A .         Parliamentary procedure in relation to changes to State forest

        (1)         The Governor may cause to be laid before each House of Parliament a proposal that —

            (a)         land comprising the whole or part of a State forest is to cease to be State forest; or

            (b)         the purpose, or combination of purposes, notified in respect of a State forest under section 60(3)(a) or 60A be amended.

        (2)         Either House of Parliament may, by resolution of which notice has been given within 14 sitting days of that House after a proposal has been laid before it under subsection (1), pass a resolution disallowing the proposal.

        (3)         If a proposal is disallowed under subsection (2), the proposal lapses.

        (4)         As soon as a proposal is no longer subject to disallowance under subsection (2), the proposal may be implemented by order of the Governor published in the Gazette .

        (5)         It does not matter whether or not the period of 14 sitting days referred to in subsection (2) or some of them occur during —

            (a)         the same session of Parliament; or

            (b)         the same Parliament,

                as that in which the relevant proposal is laid before the House of Parliament concerned.

        (6)         If the notice of a resolution referred to in subsection (2) is given to a House and that resolution is not lost but, before the period of 14 sitting days mentioned in subsection (2) expires, Parliament is prorogued or that House is dissolved or expires —

            (a)         the relevant proposal does not lapse but, subject to paragraph (b)(iii), it cannot be implemented; and

            (b)         on the commencement of the next session of Parliament —

                  (i)         the Minister may cause the proposal to be laid before that House again; and

                  (ii)         notice of a resolution disallowing the proposal may be given again in that House; and

                  (iii)         subsection (2) applies again but as if the references in subsection (2) to the period of 14 sitting days after the proposal was laid were references to the remaining sitting days after notice of a resolution disallowing the proposal is given under subparagraph (ii).

        (7)         On the publication in the Gazette under subsection (4) of an order declaring that land ceases to be State forest, the land —

            (a)         in the case of land acquired under section 15 and set apart as a State forest, becomes vested in the Executive Body and section 131 applies to it; and

            (b)         in any other case, becomes Crown land within the meaning of the Land Administration Act 1997 .

        [Section 10A inserted: No. 28 of 2015 s. 12.]



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