Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A permittee,
holder of a drilling reservation, access authority or special prospecting
authority, lessee or licensee shall not enter upon any land that is —
(a)
comprised in the permit, drilling reservation, access authority, special
prospecting authority, lease or licence of which he is the holder; and
(b)
reserved, declared or otherwise dedicated under the Land Administration
Act 1997 or any other written law,
for the purpose of
—
(c)
exploring for petroleum or geothermal energy resources; or
(d)
carrying out operations for the recovery of petroleum or geothermal energy,
unless the consent in
writing of the Minister has been first obtained.
(2) Consent may be
given for the purposes of subsection (1) subject to the inclusion in the
permit, drilling reservation, access authority, special prospecting authority,
lease or licence of such conditions as the Minister thinks fit and specifies
in the consent.
(3) Before giving
consent for the purposes of subsection (1), the Minister shall consult
with the responsible Minister and obtain that Minister’s recommendations
on the conditions, if any, which should be included in the permit, drilling
reservation, access authority, special prospecting authority, lease or
licence.
(4) Without limiting
subsection (2), the Minister may specify in the consent conditions for
the purpose of ensuring, so far as is practicable, that any operations carried
out on the land under the authority of the permit, drilling reservation,
access authority, special prospecting authority, lease or licence are carried
out in such a manner as to minimise the risk of damage to any native fauna or
flora on the land.
(5) The responsible
Minister for the purposes of subsection (3) is the Minister responsible
for the administration of the land or the written law under which the land is
reserved, declared or dedicated, and if any question arises as to who is the
responsible Minister under subsection (3), the question is to be
determined by the Governor whose decision is final.
(6) Nothing in this
section limits or otherwise affects the operation of sections 13A(3) and
13B(9) of the Conservation and Land Management Act 1984 .
[Section 15A inserted by No. 17 of 1999
s. 23(1); amended by No. 35 of 2007 s. 13.]