Western Australian Current Acts Western Australian Current Acts (1) The terms and
conditions of a licence agreement are —
(a) the
terms agreed between the CEO and the licensee and set out in the agreement;
and
(b) any
conditions determined by the CEO under subsection (2) and set out in the
agreement.
(2) Before entering
into a licence agreement, the CEO may determine conditions of the agreement
that make provision for or in relation to any or all of the following —
(a) the
regulation, control or prohibition, for the purposes of protecting or
enhancing the ecological and community benefits and amenity or good management
of the River reserve, of any activity undertaken by or on behalf of the
licensee in connection with the licence agreement (a relevant activity );
(b) the
indemnification by the licensee of the CEO, the Trust and the State for any
loss or damage arising from the occupation or use of the land and waters to
which the licence agreement relates or a relevant activity;
(c) the
waiver by the licensee of any liability in tort that may be incurred by the
CEO, the Trust and the State in connection with the occupation or use of the
land and waters to which the licence agreement relates or a relevant activity;
(d) a
requirement for the licensee to take out and maintain insurance in connection
with the occupation or use of the land and waters to which the licence
agreement relates or a relevant activity.
(3) The terms agreed
between the CEO and the licensee referred to in subsection (1)(a) —
(a) must
include the period for which the agreement has effect; and
(b) may
make provision for or in relation to matters referred to in subsection (2),
but must not be contrary to, or inconsistent with, conditions determined under
that subsection; and
(c) may
include a requirement for the licensee to pay rent or other charges.
[Section 32A inserted: No. 2 of 2023 s. 7.]