Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister
may —
(a)
establish or manage aquaculture facilities to be used by other persons for
community or commercial purposes; or
(b)
arrange for aquaculture facilities established by the Minister to be managed
or used by other persons for community or commercial purposes; or
(c)
arrange for other persons to establish and manage aquaculture facilities
on —
(i)
land owned by the Minister, including in fee simple; or
(ii)
any reserve the care, control and management of which
have been placed under section 46 of the
Land Administration Act 1997 with the Minister for the purposes of
aquaculture.
(2A) Subject to
subsection (2B), the Minister may declare an area of WA waters (other
than inland waters) to be an aquaculture development zone.
(2B) The Minister can
only make a declaration under subsection (2A) in respect of waters within
the limits of the State or coastal waters —
(a) with
the concurrence of the Minister to whom the administration of the
Land Administration Act 1997 is committed; and
(b)
after consulting with the Minister to whom the administration of the
Conservation and Land Management Act 1984 is committed.
(2) The Minister may
do all things necessary or convenient to be done for or in connection with the
exercise of the Minister’s powers under subsections (1) and (2A)
including the power —
(a) to
acquire, hold, take on lease, let, sublet, issue licences in respect of and
exchange real or personal property; or
(b) to
construct or erect buildings or other works and to improve, develop or alter
property; or
(c) to
make land, buildings and other facilities available for the use of persons
engaged in the aquaculture industry; or
(d) to
provide advisory or administrative services for or in connection with
establishing, conducting or developing any activity associated with the
aquaculture industry; or
(e) to
demand and receive payment with respect to the provision of services or the
performance of any work by or on behalf of the Minister.
(3)
Subsection (2) does not operate to give the Minister any power in
relation to property that would be inconsistent with the terms of any reserve
or management order under the Land Administration Act 1997 , any lease or
any other document or a provision of a written law by which the Minister holds
that property.
(4) In this
section —
aquaculture includes the keeping, breeding,
hatching, culturing or harvesting of pearl oysters.
[Section 101A inserted by No. 2 of 2002
s. 8(1); amended by No. 43 of 2011 s. 39.]