Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), the powers conferred on the CEO by this Division are
exercisable only —
(a) with
the approval of the Minister; and
(aa) in
the case of land vested in or under the care, control and management of the
Conservation Commission, after consultation with the Conservation Commission
and, where applicable, an associated body; and
(ab) in
the case of land vested in or under the care, control and management of the
Marine Authority, after consultation with the Marine Authority and, where
applicable, an associated body; and
(ac) in
the case of land that is in the development control area or the Riverpark as
defined in the Swan and Canning Rivers Management Act 2006 , after
consultation with the Swan River Trust; and
(b) in
the case of section 8A land, consistently with the relevant
section 8A agreement; and
(baa) in
the case of section 8C land, consistently with the order made under
section 8C that relates to the land; and
(ba) in
the case of land in a public water catchment area, consistently with the
provisions of the Country Areas Water Supply Act 1947 and the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 relating to
the protection of water quality; and
(c) in
conformity with section 33(3).
(2)
Subsection (1)(a), (aa) and (ab) do not apply to the grant or renewal of
a licence or lease under this Division where the appropriate approval has been
given under paragraph (a) and, if applicable, the appropriate
consultation has taken place under paragraph (aa) or (ab)
for —
(a) the
grant under this Division of certain kinds of licences or leases or certain
numbers of licences or leases; or
(b) the
renewal, transfer, cancellation or suspension of, or the imposition or
variation of conditions attached to, a licence granted under this Division; or
(c) the
renewal of a lease granted under this Division,
and the licence or
lease granted or renewed is covered by the terms of that approval and, if
applicable, that consultation.
[Section 99 amended by No. 21 of 1988
s. 6; No. 20 of 1991 s. 37; No. 5 of 1997 s. 30; No.
35 of 2000 s. 37; No. 28 of 2006 s. 209; No. 52 of 2006
s. 6; No. 36 of 2011 s. 35.]