Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The classes of
land to which this section applies are —
(a) land
that is in the South-West Division of the State as described in
Schedule 1 to the Land Administration Act 1997 , or in the local
government district of Esperance or Ravensthorpe and that is reserved under
Part 4 of that Act and classified as a class A reserve pursuant to that
Part or so classified pursuant to any other Act; and
(b) any
land comprised within —
(i)
a national park, being land to which section 6(3) of
the Conservation and Land Management Act 1984 applies; or
(ii)
a nature reserve, being land to which section 6(5)
of the Conservation and Land Management Act 1984 applies and which is
reserved under Part 4 of the Land Administration Act 1997 and
classified as a class A reserve pursuant to that Part or so classified
pursuant to any other Act; or
(iii)
a nature reserve, not being land to which
section 6(5) of the Conservation and Land Management Act 1984
applies but which is reserved under Part 4 of the
Land Administration Act 1997 for the conservation of flora or fauna, or
both flora and fauna, and classified as a class A reserve pursuant to
that Part or so classified pursuant to any other Act;
and
(c) land
reserved under Part 4 of the Land Administration Act 1997 , not
being —
(i)
land to which paragraph (a) or (b) of this
subsection refers;
(ii)
land reserved for mining or commons;
(iii)
land reserved and designated for public utility for any
purpose pursuant to that Part;
(iv)
land that is a townsite within the meaning of the Land
Administration Act 1997 ;
and
(d) land
within the South West Mineral Field that is a State forest or a timber reserve
within the meaning of the Conservation and Land Management Act 1984 ;
and
(da)
land, not being land to which paragraph (d) refers, that is a State
forest or a timber reserve within the meaning of the Conservation and Land
Management Act 1984 ; and
(e) land
that is a water reserve or catchment area for the purposes of the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 or of the
Country Areas Water Supply Act 1947 or any other relevant Act within the
meaning of that term as defined by section 5 of the Water Agencies
(Powers) Act 1984 , or of that Act; and
(f) land
to which Part III of the Aboriginal Affairs Planning Authority Act 1972
applies; and
(fa)
land dedicated under section 21 of the Western Australian Land Authority
Act 1992 or vested in or under the control of the Western Australian Land
Authority established by that Act; and
(g) land
that is reserved under any Act other than those Acts already referred to in
this subsection.
(2A) The Governor may,
from time to time, by Order in Council, apply this section to any other
land or class of land specified in the Order in Council and as from the date
so specified this section shall apply to the extent and in the manner
specified in the Order in Council.
(2B) The Minister
shall cause an Order in Council made pursuant to subsection (2A) to be
laid on the table of each House of Parliament within 12 sitting days of its
making and if either House does not pass a resolution disallowing such Order
in Council within 12 sitting days of that House after the Order in Council has
been laid before it the order in council shall have effect from the date of
its making.
(3A) Subject to
subsection (4) mining may be carried out on any land referred to in
subsection (1)(a) or (b) with the written consent of the Minister who may
refuse his consent or who may give his consent subject to such terms and
conditions as the Minister specifies in the consent.
(3B) Before giving his
consent under subsection (3A) whether conditionally or unconditionally
the Minister shall first consult with, and obtain the concurrence thereto, of
the responsible Minister.
(4) No mining lease or
general purpose lease shall be granted on any land referred to in
subsection (1)(a) or (b) unless both Houses of Parliament by resolution
consent thereto, and then only on such terms and conditions as are specified
in the resolution.
(5A) Mining on any
land referred to in subsection (1)(c) may be carried out with the written
consent of the Minister who may refuse his consent or who may give his consent
subject to such terms and conditions as the Minister specifies in the consent.
(5B) Before giving his
consent under subsection (5A) whether conditionally or unconditionally
the Minister shall first consult the responsible Minister and the local
government, public body, or trustees or other persons in which the control and
management of such land is vested with respect thereto, and obtain its or
their recommendations thereon.
(6A) Mining may be
carried out on any land referred to in subsection (1)(d) with the written
consent of the Minister who may refuse his consent or who may give his consent
subject to such terms and conditions as are specified in the consent.
(6B) Before giving his
consent under subsection (6A), whether conditionally or unconditionally
the Minister shall first consult with, and obtain the concurrence thereto, of
the responsible Minister.
(7A) Mining may be
carried out on any land referred to in subsection (1)(da), (e), (f), (fa)
or (g) with the written consent of the Minister who may refuse his consent or
who may give his consent, subject to such terms and conditions as are
specified in the consent.
(7B) Before giving his
consent under subsection (7A), whether conditionally or unconditionally,
the Minister shall first consult the responsible Minister with respect thereto
and obtain his recommendation thereon.
(7C) The giving by the
Minister of his consent under subsection (7A) in relation to land
referred to in subsection (1)(f) does not prevent or in any way affect
the application of section 31 of the Aboriginal Affairs Planning
Authority Act 1972 to any person acting under that consent.
(8) The responsible
Minister for the purposes of this section is the Minister for the time
being charged with the administration of the land or the enactment to which
the land is subject, and if in any case a question arises as to who is the
responsible Minister under this section, the question shall be determined by
the Governor whose decision shall be final.
[Section 24 amended by No. 122 of 1982
s. 7; No. 100 of 1985 s. 17; No. 105 of 1986 s. 8;
No. 22 of 1990 s. 6; No. 20 of 1991 s. 57; No. 35 of
1992 s. 49; No. 73 of 1995 s. 188; No. 14 of 1996
s. 4; No. 54 of 1996 s. 5; No. 31 of 1997
s. 71(8)-(11); No. 19 of 2010 s. 51.]