Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
section 13A(3) and 13B(9) and without limiting section 86, 96,
or 128(1)(h), nothing in this Act shall derogate from the operation of
the Mining Act 1978 , the Offshore Minerals Act 2003 , the
Petroleum and Geothermal Energy Resources Act 1967 , the
Petroleum (Submerged Lands) Act 1982 , any other Act relating to minerals
or petroleum, or any Government agreement within the meaning of the
Government Agreements Act 1979 .
(2) The reservation of
land as a State forest or a timber reserve shall not, except as provided in
this Act, affect any permit, lease, or licence from the Crown current and in
force at the time of such reservation.
(3) Notwithstanding
subsection (2), all pastoral leases of land situated within the
boundaries of a State forest shall, at the expiration of 6 months from
the reservation, and by force of this section, be surrendered to the Crown;
but every lessee shall during such period of 6 months have the option to
acquire a forest lease of the land demised by the surrendered lease for the
remainder of the term thereof, at the rent thereby reserved.
(4) Nothing in this
Act shall affect any right conferred by the Land Administration Act 1997
on pastoral lessees to such timber as may be required for domestic purposes,
for the construction of buildings, fences, stockyards, or other improvements
on the land occupied under the lease.
(5) Nothing in this
Act or in a management plan or in a section 8A agreement —
(a)
prevents the CEO or any other person from taking any action permitted under
the Aboriginal Heritage Act 1972 —
(i)
in respect of land to which this Act applies or
section 8A land or section 8C land; or
(ii)
in respect of any decision made under that Act in respect
of that land;
or
(b)
limits any action the CEO or any other person may take under that Act in
respect of that land; or
(c)
prevents the CEO, or any other person, who is authorised under that Act to do
any act in respect of that land from doing the act.
[Section 4 amended by No. 66 of 1992
s. 4; No. 5 of 1997 s. 5; No. 31 of 1997 s. 141; No.
12 of 2003 s. 13; No. 35 of 2007 s. 92(3); No. 36 of 2011
s. 5.]
[Heading inserted by No. 36 of 2011
s. 6.]