Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The provisions of
this Act relating to flora bind the Crown.
(2) Where in relation
to a provision of this Act relating to flora a matter arises, or may arise,
with respect to any right, power or authority of, or the discharge of any duty
by, a government department or a local government, the following provisions
apply —
(a)
where the matter relates to a government department —the Minister
charged with the administration of the government department may consult with
the Minister; and
(b)
where the matter relates to a local government — the local
government shall refer the matter to the Minister charged with the
administration of the Local Government Act 1995 , who may consult with
the Minister; and
(c)
where the Ministers agree, the Minister shall give such directions as are
agreed to as a result of those consultations; and
(d)
where the Ministers do not agree the matter shall be referred to the Governor;
and
(e) the
Governor may finally and conclusively determine the matter and effect shall be
given to any such determination.
(3) Where in relation
to a provision of this Act relating to flora a matter arises, or may arise,
with respect to the exercise of any right or the performance of any duty or
obligation conferred or imposed on a person, not being a government department
or local government, by or under any Act or agreement to which the State is a
party and which is ratified or approved by an Act the matter shall be finally
and conclusively determined by the Minister upon a written application by that
person to the Minister and effect shall be given to that determination.
(4) In this
section —
government department includes any instrumentality
of the Crown in the right of the State, whether a corporation, agency or other
authority.
[Section 9 inserted by No. 86 of 1976
s. 5 (as amended by No. 28 of 1979 s. 4); amended by
No. 14 of 1996 s. 4.]
[ 9A - 13. Deleted by No. 112 of 1984
s. 6.]