Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the Minister may, on the recommendation of the responsible body (as
defined in section 53) for land to which this subsection applies, by
notice published in the Gazette , classify the land or a part of it
as —
(a) a
wilderness area; or
(b) a
prohibited area; or
(c) a
limited access area; or
(d) a
temporary control area; or
(da) a
forest conservation area; or
(e) a
recreation area for a purpose or purposes specified in the notice; or
(f) such
other class of area as the Minister, on the recommendation of the responsible
body, thinks necessary to give effect to the objects of this Act,
and, subject to
section 62A, may in like manner amend or cancel a notice previously so
published.
(1aaa)
Subsection (1) applies to land that is —
(a) a
State forest; or
(b) a
timber reserve; or
(c) a
national park; or
(d) a
conservation park; or
(e) a
nature reserve; or
(f) land
referred to in section 5(1)(g) and vested in the Conservation Commission;
or
(g) land
referred to in section 5(1)(h) and under the care, control and management
of the Conservation Commission; or
(h) land
that, under an agreement made under section 8A(5)(b), is managed for a
public purpose that is consistent with this Act.
(1aa) Subject to this
section, the Minister may, on the recommendation of the Minister for Forest
Products, by notice published in the Gazette , classify any land in State
forest or a timber reserve as a forest products temporary control area and may
in like manner amend or cancel a notice previously so published.
(1a) Subject to this
section, the Minister may, by notice published in the Gazette , classify any
land or waters in a marine park vested in the Marine Authority as —
(a) a
recreation area for a purpose or purposes specified in the notice; or
(b) a
general use area; or
(c) a
sanctuary area; or
(d) a
special purpose area for a purpose or purposes specified in the notice,
and may in like manner
amend or cancel a notice previously so published.
(1b) Subject to this
section, the Minister may, by notice published in the Gazette , classify any
land or waters in a marine nature reserve or marine management area or land
mentioned in section 5(1)(g) or (h) as such class of area as the Minister
thinks necessary to give effect to the objects of this Act, and may in like
manner amend or cancel a notice previously so published.
(1ba) Before making a
notice under subsection (1aa), the Minister shall, unless satisfied that
the urgency of the case requires this subsection to be dispensed with, give
the Conservation Commission an opportunity to make a submission on the matter,
and shall take that submission into account.
(1bb) For the purposes
of section 19(10), a decision under subsection (1ba) that the
urgency of the case requires the provision of advice by the Conservation
Commission to be dispensed with shall be treated as a decision to act
otherwise than in accordance with a recommendation.
(1c) Before making a
notice under subsection (1a) or (1b), the Minister shall, unless
satisfied that the urgency of the case requires this subsection to be
dispensed with, give the Marine Authority an opportunity to make a submission
on the matter, and shall take that submission into account.
(1d) For the purposes
of section 26B(8), a decision under subsection (1c) that the urgency
of the case requires the provision of advice by the Marine Authority to
be dispensed with shall be treated as a decision to act otherwise than in
accordance with a recommendation.
(1e) Before making a
notice under subsection (1aa), (1a) or (1b) the Minister shall, unless
satisfied that the urgency of the case requires this subsection to be
dispensed with, give members of the public an opportunity to make written
submissions on the matter, and shall consider those submissions.
(1f) Written
submissions under subsection (1e) may be made by any person —
(a)
within a period determined by the Minister, which period shall be not less
than 2 months after the day on which an advertisement calling for
submissions is published by the Minister in the Gazette ; and
(b) by
delivering or posting them, so that they are received within that period at an
address designated by the Minister.
(1g)
Subsection (1e) does not apply in relation to a notice which gives effect
to a management plan.
(2) A classification
of land as a temporary control area under subsection (1)(d) —
(a)
shall be made for only one or more of these purposes —
(i)
public safety;
(ii)
protecting flora or fauna, or both flora and fauna;
(iii)
protecting the value of the land to the culture and
heritage of Aboriginal persons;
and
(b)
shall not have effect for more than 90 days but may be made more than
once for the same purpose and for the same land.
(2a) A classification
of land as a forest products temporary control area under
subsection (1aa) shall only be made for the purposes of public safety or
the safety of persons engaged in the harvesting or stockpiling of forest
products, or in the construction or maintenance of roads, under the Forest
Products Act 2000 , and a notice of classification —
(a)
shall not have effect for a period exceeding 90 days; but
(b) may
be made more than once for the same purpose and for the same area.
(3) A classification,
or amendment of classification, of any land or waters shall not be made under
this section —
(a)
unless it is in conformity with the provision of section 56(1) which is
relevant to, or any management plan for, that land or those waters; and
(ba)
unless it is in conformity with section 56(2); and
(b) in
the case of section 8A land, unless each person responsible (as defined
in section 8A) for the land, has given written approval to the
classification or the amended classification; and
(c) in
the case of a marine park or marine management area, except with the
concurrence of the Minister for Fisheries and the Minister for Mines.
[Section 62 inserted by No. 20 of 1991
s. 32; amended by No. 5 of 1997 s. 27; No. 24 of 2000
s. 8(4); No. 35 of 2000 s. 28; No. 36 of 2011 s. 27.]