Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
lease includes sublease.
(2) The Trust may
grant a lease of land that is part of the River reserve —
(a) if
the transaction is made in circumstances, and in accordance with any
condition, prescribed for the purposes of this paragraph; or
(b) with
the prior approval of the Minister.
(3) A lease may be
granted for the term, and on the terms and conditions, including a right of
renewal, the Trust considers appropriate.
(4) If a development
to which the proposed lease relates is required to be approved under
section 70, a lease —
(a) must
not be granted under this section unless that approval has been granted; or
(b) must
not be granted on any term or condition that is contrary to or inconsistent
with that approval.
(5) A person must not,
without the prior approval of the Trust —
(a)
mortgage a lease granted under subsection (2); or
(b)
sell, transfer or otherwise dispose of the lease in whole or in part.
(6) An act done in
contravention of subsection (5) is void.
(7) If land is leased
under a power conferred under this section, the lessee may, unless the terms
of the lease otherwise provide, restrict public access to the area leased.
(8) If the Minister
and the Minister to whom the administration of the
Marine and Harbours Act 1981 is committed so approve, in respect of a
lease granted under this section or referred to in the Swan and Canning
Rivers (Consequential and Transitional Provisions) Act 2006
section 13 —
(a) the
department responsible for administering the Marine and Harbours
Act 1981 may manage the lease as an agent of the Trust; and
(b) with
the approval of the Treasurer, revenue derived from the lease may be credited
to an agency special purpose account of the department established and
maintained under the Financial Management Act 2006 section 16.
[Section 29 amended by No. 77 of 2006
s. 17; No. 47 of 2011 s. 27.]