Western Australian Current Acts

CONSERVATION AND LAND MANAGEMENT ACT 1984 - SECT 60

60 .         Approval of proposed plan by Minister

        [(1)         deleted]

        (2)         Subject to subsections (2a) and (2b), the Minister may approve a proposed management plan submitted under section 59A or approve it with such modifications as he thinks fit.

        (2a)         If the Minister for Fisheries has made submissions to the relevant responsible body on a proposed management plan for a marine park, or a marine management area, or section 8A land that is or includes the intertidal zone, the Minister shall not approve the proposed plan unless —

            (a)         the Minister —

                  (i)         is satisfied that the proposed plan gives effect to those submissions; or

                  (ii)         having referred the proposed plan to the Governor, is satisfied that it gives effect to the decision of the Governor,

                so far as those submissions or the Governor’s decision relate to aquaculture, commercial or recreational fishing or pearling activity in the park or management area or intertidal zone; and

            (b)         the Minister is satisfied that consideration has been given to those submissions so far as they are about other matters relating to the administration of the Fish Resources Management Act 1994 or the Pearling Act 1990 .

        (2b)         If the Minister for Mines has made submissions to the Commission on a proposed management plan for a marine park or a marine management area, the Minister shall not approve the proposed plan unless the Minister —

            (a)         is satisfied that the proposed plan gives effect to those submissions; or

            (b)         having referred the proposed plan to the Governor, is satisfied that it gives effect to the decision of the Governor,

                so far as those submissions or the Governor’s decision relate to mining or petroleum or geothermal energy related exploration or production activities or the administration of the Mining Act 1978 , the Offshore Minerals Act 2003 , the Petroleum and Geothermal Energy Resources Act 1967 , the Petroleum (Submerged Lands) Act 1982 or the Petroleum Pipelines Act 1969 .

        (3)         Notice that a management plan has been approved by the Minister shall be published in the Gazette , together with —

            (a)         in the case of a State forest, a notification of the purpose or combination of purposes specified in the plan for that State forest; and

            (b)         a note showing —

                  (i)         whether any modifications were made by the Minister under subsection (2); and

                  (ii)         where a copy of the plan may be inspected or obtained.

        (4)         A management plan shall come into operation on the day of publication in the Gazette of a notice under subsection (3) or on such later day as is specified in the plan.

        [Section 60 amended: No. 76 of 1988 s. 11; No. 20 of 1991 s. 30; No. 53 of 1994 s. 264; No. 5 of 1997 s. 26; No. 35 of 2000 s. 27; No. 43 of 2002 s. 6; No. 12 of 2003 s. 15; No. 35 of 2007 s. 92(10); No. 36 of 2011 s. 26; No. 28 of 2015 s. 47.]