Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
rare flora means flora for the time being declared to be rare flora for the
purposes of this section.
(2) Where the Minister
is of opinion that any class or description of protected flora is likely to
become extinct or is rare or otherwise in need of special protection, he may,
by notice published in the Government Gazette , declare that class or
description of flora to be rare flora for the purposes of this section
throughout the State.
(3) The Minister may
vary or revoke a notice published under subsection (2) by subsequent
notice or notices published in the Government Gazette .
(4) A person shall
not, whether or not he is —
(a) the
holder of a licence issued under this Act to take protected flora; or
(b) the
owner or occupier of private land on which rare flora exists; or
(c)
authorised by the owner or occupier of land on which rare flora exists,
take any rare flora
unless —
(d)
where he is not the holder of a licence issued under this Act, he first
obtains the consent thereto in writing of the Minister;
(e)
where he is the holder of a licence issued under this Act, he first obtains
the further consent thereto in writing of the Minister.
[(5) deleted]
(6) A person who takes
any rare flora contrary to the provisions of this section is liable on
conviction to a penalty not exceeding $10 000.
(7) Where an owner or
occupier of private land who has been refused consent to take rare flora on
that land satisfies the Minister that he will suffer loss of use or enjoyment
of the land by reason of that refusal, the Minister shall inform the Treasurer
in writing accordingly and the owner or occupier shall be paid compensation
for that loss at such rate or rates per annum as —
(a) is
agreed between the owner or occupier and the Treasurer; or
(b) in
default of agreement, is determined by a valuer appointed by agreement between
the Treasurer and the owner or occupier, or in default of agreement on such an
appointment, by a valuer appointed by the Minister,
for such period, not
exceeding 5 years, as the loss continues.
(8) Where compensation
has been paid under subsection (7) for a period of 5 years in
respect of any particular land, the Minister shall not refuse an application
by the owner or occupier of that land to take rare flora on that part of the
land for the loss of use or enjoyment of which compensation has been so paid.
(9) Notwithstanding
that compensation has been paid under subsection (7), whether for a
period of 5 years or for a lesser period, for the loss of use or
enjoyment of any land, that land may at any time be taken by the Minister
administering the Land Administration Act 1997 under and subject to
Part 9 of the Land Administration Act 1997 for any of the
purposes of this Act.
[Section 23F inserted by No. 86 of 1976
s. 17 (as amended by No. 28 of 1979 s. 7); amended by
No. 58 of 1985 s. 7; No. 31 of 1997 s. 142 and 143;
No. 57 of 1997 s. 132(23).]
[ 24. Deleted by No. 112 of 1984 s. 12.]