Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“Minister for Lands” means the
Minister as defined in the Land Administration Act 1997 ;
“Riverpark shoreline” means the area
of Crown land in the Riverpark extending from 2 metres below the high water
mark to 2 metres above the high water mark, measured horizontally above the
surface of the land and including the surface of any structure built to retain
the land;
“unmanaged reserve” has the meaning
given to that term in the Land Administration Act 1997 .
(2) Despite any
written or other law to the contrary, the Minister for Lands is jointly
responsible with the Trust for the care, control and management of any part of
the Riverpark shoreline that is unallocated Crown land or an unmanaged reserve
and for the maintenance of any wall or other structure on the Riverpark
shoreline.
(3) Despite any
written or other law to the contrary, a person who has the care, control and
management of Crown land in the Riverpark shoreline is jointly responsible
with the Trust for the care, control and management of that part of the
Riverpark shoreline and for the maintenance of any wall or other structure on
that part of the Riverpark shoreline.
(4) The Trust and a
person referred to in subsection (2) or (3) may agree to vary the
area or structures for which they are jointly responsible under this section
so as to include an area or structure that is not in the Riverpark shoreline.
(5) The Trust must not
enter into an agreement under subsection (4) except with the prior
approval of the Minister.
(6) Nothing in this
section affects any covenant, contract or agreement relating to the care,
control and management of land on the Riverpark shoreline made
between —
(a) the
Trust and a person who has the care, control and management of land on the
Riverpark shoreline;
(b) the
Trust and another person;
(c) a
person who has the care, control and management of land on the Riverpark
shoreline and another person; or
(d) any
other persons.
(7) Nothing in this
section limits the powers of the Trust under Part 3 Division 2.