Western Australian Current Acts Western Australian Current Acts (1) In this section
—
Marandoo Act area means the land described in the
Aboriginal Heritage (Marandoo) Act 1992 Schedule 1 Part 1, Schedule 2 Part 1
and Schedule 3 Part 1 immediately before 1 July 2023;
Note for this definition:
The Aboriginal
Heritage (Marandoo) Act 1992 was repealed on 1 July 2023 by section 312 of the
2021 Act.
Marandoo Reduced Area dataset means the
geographical information systems spatial dataset titled
“WA_MRA_20230524.shp” that was held by the chief executive officer
of the Department on 24 May 2023;
Note for this definition:
This is the
geographical information systems spatial dataset referred to in the definition
of Marandoo Reduced Area dataset in the Marandoo Reduced Area Order 2023 dated
24 May 2023 and published in the Gazette on 30 May 2023 at p. 1365.
owner , in relation to the specified land, means a
person who, immediately before 1 July 2023, was using the specified land for
the specified purpose;
specified land means the area of land that is part
of the Marandoo Act area described in the Marandoo Reduced Area dataset;
specified purpose means undertaking any activity
for and incidental to the exploration, mining, processing and transporting of
iron ore, including, but not limited to, the construction, operation and
maintenance of railways, power lines, roads and other associated
infrastructure.
(2) The owner of
specified land is taken to have been given, at the beginning of repeal day, a
consent under section 18(3)(a) to use the specified land for the specified
purpose.
(3) For the purposes
of subsection (2) —
(a) the
specified land is taken —
(i)
to be the land the subject of the consent; and
(ii)
to be specified in the consent;
and
(b) the
specified purpose is taken —
(i)
to be the purpose for which the land the subject of the
consent may be used; and
(ii)
to be specified in the consent.
(4) The consent is
subject to the condition in section 18(6)(a) and is otherwise subject to
section 18.
(5) In relation to the
consent, section 18(1AA) applies as if the following definition were
substituted for the definition of new information about an Aboriginal site
—
new information about an Aboriginal site , in
relation to land the subject of a consent given under subsection (3)(a), means
information about an Aboriginal site on the land;
(6) For the purposes
of section 18(5), the effect of subsection (2) is not to be regarded as a
decision of the Minister.
(7) The chief
executive officer of the Department must ensure that the Marandoo Reduced Area
dataset is publicly available on a website maintained by, or on behalf of, the
Department.
[Section 78 inserted: No. 23 of 2023 s. 23.]