Western Australian Current Acts Western Australian Current Acts (1) The classes of
land to which this section applies are —
(a) land
that is in the South-West Division of the State as described in Schedule 1 to
the Land Administration Act 1997 , or in the local government district of
Esperance or Ravensthorpe and that is reserved under Part 4 of that Act and
classified as a class A reserve pursuant to that Part or so classified
pursuant to any other Act; and
(b) any
land comprised within —
(i)
a national park, being land to which section 6(3) of the
Conservation and Land Management Act 1984 applies; or
(ii)
a nature reserve, being land to which section 6(5) of the
Conservation and Land Management Act 1984 applies and which is reserved under
Part 4 of the Land Administration Act 1997 and classified as a class A reserve
pursuant to that Part or so classified pursuant to any other Act; or
(iii)
a nature reserve, not being land to which section 6(5) of
the Conservation and Land Management Act 1984 applies but which is reserved
under Part 4 of the Land Administration Act 1997 for the conservation of flora
or fauna, or both flora and fauna, and classified as a class A reserve
pursuant to that Part or so classified pursuant to any other Act;
and
(c) land
reserved under Part 4 of the Land Administration Act 1997 , not being —
(i)
land to which paragraph (a) or (b) of this subsection
refers;
(ii)
land reserved for mining or commons;
(iii)
land reserved and designated for public utility for any
purpose pursuant to that Part;
(iv)
land that is a townsite within the meaning of the Land
Administration Act 1997 ;
and
(d) land
within the South West Mineral Field that is a State forest or a timber reserve
within the meaning of the Conservation and Land Management Act 1984 ; and
(da)
land, not being land to which paragraph (d) refers, that is a State forest or
a timber reserve within the meaning of the Conservation and Land Management
Act 1984 ; and
(e) land
that is a water reserve or catchment area for the purposes of the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 or of the
Country Areas Water Supply Act 1947 or any other relevant Act within the
meaning of that term as defined by section 5 of the Water Agencies (Powers)
Act 1984 , or of that Act; and
(f) land
to which Part III of the Aboriginal Affairs Planning Authority Act 1972
applies; and
(fa)
land dedicated under section 21 of the Western Australian Land Authority Act
1992 or vested in or under the control of the Western Australian Land
Authority established by that Act; and
(g) land
that is reserved under any Act other than those Acts already referred to in
this subsection.
(2A) The Governor may,
from time to time, by Order in Council, apply this section to any other land
or class of land specified in the Order in Council and as from the date so
specified this section shall apply to the extent and in the manner specified
in the Order in Council.
(2B) The Minister
shall cause an Order in Council made pursuant to subsection (2A) to be laid on
the table of each House of Parliament within 12 sitting days of its making and
if either House does not pass a resolution disallowing such Order in Council
within 12 sitting days of that House after the Order in Council has been laid
before it the order in council shall have effect from the date of its making.
(3A) Subject to
subsection (4) mining may be carried out on any land referred to in subsection
(1)(a) or (b) with the written consent of the Minister who may refuse his
consent or who may give his consent subject to such terms and conditions as
the Minister specifies in the consent.
(3B) Before giving his
consent under subsection (3A) whether conditionally or unconditionally the
Minister shall first consult with, and obtain the concurrence thereto, of the
responsible Minister.
(4) No mining lease or
general purpose lease shall be granted on any land referred to in subsection
(1)(a) or (b) unless both Houses of Parliament by resolution consent thereto,
and then only on such terms and conditions as are specified in the resolution.
(5A) Mining on any
land referred to in subsection (1)(c) may be carried out with the written
consent of the Minister who may refuse his consent or who may give his consent
subject to such terms and conditions as the Minister specifies in the consent.
(5B) Before giving his
consent under subsection (5A) whether conditionally or unconditionally the
Minister shall first consult the responsible Minister and the local
government, public body, or trustees or other persons in which the control and
management of such land is vested with respect thereto, and obtain its or
their recommendations thereon.
(6A) Mining may be
carried out on any land referred to in subsection (1)(d) with the written
consent of the Minister who may refuse his consent or who may give his consent
subject to such terms and conditions as are specified in the consent.
(6B) Before giving his
consent under subsection (6A), whether conditionally or unconditionally the
Minister shall first consult with, and obtain the concurrence thereto, of the
responsible Minister.
(7A) Mining may be
carried out on any land referred to in subsection (1)(da), (e), (f), (fa) or
(g) with the written consent of the Minister who may refuse his consent or who
may give his consent, subject to such terms and conditions as are specified in
the consent.
(7B) Before giving his
consent under subsection (7A), whether conditionally or unconditionally, the
Minister shall first consult the responsible Minister with respect thereto and
obtain his recommendation thereon.
(7C) The giving by the
Minister of his consent under subsection (7A) in relation to land referred to
in subsection (1)(f) does not prevent or in any way affect the application of
section 31 of the Aboriginal Affairs Planning Authority Act 1972 to any
person acting under that consent.
(8) The responsible
Minister for the purposes of this section is the Minister for the time being
charged with the administration of the land or the enactment to which the land
is subject, and if in any case a question arises as to who is the responsible
Minister under this section, the question shall be determined by the Governor
whose decision shall be final.
[Section 24 amended: No. 122 of 1982 s. 7; No. 100
of 1985 s. 17; No. 105 of 1986 s. 8; No. 22 of 1990 s. 6; No. 20 of 1991
s. 57; No. 35 of 1992 s. 49; No. 73 of 1995 s. 188; No. 14 of 1996 s. 4; No.
54 of 1996 s. 5; No. 31 of 1997 s. 71(8)-(11); No. 19 of 2010 s. 51.]