Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The CEO may grant
a licence in writing to any person to enter and use any land within State
forest or a timber reserve.
(2) The Minister,
after consultation with the Conservation Commission and on the recommendation
of the CEO, may, by notice published in the Gazette , declare that a permit is
required for the carrying on of any activity specified in the notice on land
within State forest or a timber reserve.
(3) The CEO may grant
to a person a permit of the kind required by a declaration made under
subsection (2).
(4) A person shall
not, on any land within State forest or a timber reserve, carry on any
activity for which a permit is required by a declaration made under
subsection (2) unless the person is —
(a) the
holder of a permit of the kind required by the declaration; or
(b)
authorised to carry on that activity on the land under this Act or another
written law.
Penalty: $4 000.
(5)
Subsections (2) to (4) do not affect the operation of section 128 or
129 or regulations made under either section.
(6) If a permit is
granted under this section that authorises the removal of water from land
within State forest or a timber reserve —
(a) the
granting of the permit does not limit the operation of the
Rights in Water and Irrigation Act 1914 ; and
(b) the
permit can apply only to land for which there is a management plan in force
that provides for water to be taken from the land; and
(c) the
permit cannot authorise an activity to be carried on for the purposes of the
removal of water from land unless the activity is consistent with that
management plan.
(7) The CEO may renew
the period of operation of a licence or permit under this section from time to
time, or transfer the authority it confers from one person to another, or,
where its operation relates to any place, may transfer that operation to
another place of the same kind.
(8) A licence or
permit under this section may be granted, renewed or transferred subject to
such conditions as the CEO thinks fit, and those conditions —
(a) are
to be endorsed on or attached to the licence or permit when granted, renewed
or transferred, as the case may be; and
(b) may
be added to, cancelled, suspended and otherwise varied by the CEO from time to
time during the operation of the licence or permit.
(9) The holder of a
licence or permit under this section shall not contravene or fail to comply
with any condition endorsed on or attached to the licence or permit.
Penalty: $4 000.
(10) Where the holder
of a licence or permit under this section contravenes or fails to comply with
any condition endorsed on or attached to the licence or permit, the CEO may,
by notice in writing to the holder, cancel the licence or permit or suspend it
for such period as the CEO thinks fit.
(11) If a licence
granted under subsection (1) or a permit granted under
subsection (3) is transferable by the licensee or permit holder, in
accordance with the Personal Property Securities Act 2009 (Commonwealth)
section 10 the definition of licence paragraph (d), the licence or
permit is declared not to be personal property for the purposes of that Act.
[Section 97A inserted by No. 35 of 2000
s. 36; amended by No. 28 of 2006 s. 209; No. 36 of 2011
s. 33; No. 42 of 2011 s. 66.]