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Suhrnissien to Parliament under Section 45(4) o the Land Administration Act 19P7 acp C Submission c: 6/2C' Submitted by the Minister for Lands on of 20 (day) (month) (year)
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Page 1: acpC - Parliament of Western Australia

Suhrnissien to Parliament

under Section 45(4)

o the Land Administration Act 19P7

acpC

Submission c: 6/2C'

Submitted by the

Minister for Lands

on of 20 (day) (month) (year)

Page 2: acpC - Parliament of Western Australia

SUBMISSION TO PARLIAMENTUNDER SECTIONS 42(4), 44(1) OR 45(4)

OF THE LAND ADMINISTRATION ACT 1997

The proposal detailed in this report is required by the above provisions to be laidbefore each House of Parliament.

Section 43 of the Land Administration Act 1997 provides as follows:

43(1) If, after a proposal is laid before each House of Parliament under Sections42(4), 44(1) or 45(4) notice of a resolution disallowing the proposal –

(a) is not given in either House of Parliament within 14 sitting days of thatHouse after the proposal was laid before it, the proposed reduction,excision, cancellation, change, grant or permission may beimplemented by order after the last day of the later of those periods of14 sitting days;

(b) is given in either or both of the Houses of Parliament within 14 sittingdays of that House, or each of those Houses, after the proposal waslaid before it, but that resolution is not lost in that House or each ofthose Houses within, 30 sitting days after the proposal was laid beforeit, the proposed reduction, excision, cancellation, change, grant orpermission lapses; or

(c) is given in either or both of the Houses of Parliament within 14 sittingdays of that House, or each of those Houses, after the proposal waslaid before it, but that resolution is lost in that House or each of thoseHouses within 30 sitting days after the proposal was laid before it, theproposed reduction, excision, cancellation, change, grant or permissionmay be implemented by order after that loss or after the later of thoselosses, as the case requires.

(2) It does not matter whether or not a number of sitting days referred to insubsection (1) or some of them occur during –

(a) the same session of Parliament; or

(b) the same Parliament,

as that in which the relevant proposal is laid before the House of Parliamentconcerned.

The proposal set out in this report is accordingly tabled in this House onit

this day of 1-cr-- 2014

HON DONALD TERRENCE REDMAN MLAMINISTER FOR LANDS (or his representative in the Legislative Council)

Page 3: acpC - Parliament of Western Australia

EXCISION OF LAND FROM CLASS 'A' RESERVE 47956 UNDER SECTION 45(4)OF THE LAND ADMINISTRATION ACT 1997 (LAA)

Class 'A' Reserve 47956 is set aside for the purpose of National Park andvested pursuant to section 7 of the Conservation and Land Management Act 1984.

It is proposed to amend Reserve 47956 by the excision of portion for road dedicationto facilitate the construction of a bypass road around Margaret River. The proposedbypass, known as the Margaret River Perimeter Road, will remove heavy vehicletraffic from the main street of Margaret River and provide an alternative route fortravellers to points south of the town. The proposed works will include therequirement for the excision of 0.5415 hectares (a calculated area and subject tosurvey) from Reserve 47956. The excisions are shown on the plans at Annexure 1.

The Minister for Environment has approved the proposal in accordance with section45(2) of the Land Administration Act 1997 (LAA) (Annexure 2).

The proposal also requires the excision of land from State Forest 56 andTimber Reserve 60/25. The Department of Parks and Wildlife is progressingapprovals for the excisions from State Forest 56.

MRWA is negotiating the purchase of freehold land for addition to theconservation estate as an offset for native vegetation clearing for several MRWAproposals, including the perimeter road.

In accordance with section 45(5) of the LAA, the proposal was advertised inThe West Australian newspaper on 30 July 2014. At the conclusion of thedesignated period for comments, no submissions were received. A copy of theapproved advertisement is at Annexure 3.

ELECTORAL DISTRICT OF VASSESOUTH WEST REGIONSHIRE OF AUGUSTA-MARGARET RIVER

Page 4: acpC - Parliament of Western Australia

ANNEXURE 1

Page 5: acpC - Parliament of Western Australia

Printed : 12:00 Mon 8/Sep/2014© Western Australian Land Information Authority 2014

Scale :1:9885 (MGA)MGA : SW=321360.755,6242082.298 Zone 50 /NE=324296.751,6243903.486 Zone 50Lat/Long : -33°56'47.741", 115°04'00.951" / -33°55'50,423", 115°0956.584" II I 84mm by W 297mm

This product is for information purposes only and is not guaranteed, The information may be out of date and should not be relied upon without further verification from the original documents. Where the information is being used for legal purposes thenthe original documents must be searched for all legal requirements.

0 60/25R 47956eq

uEE3589.891 ha

PRoittYlAr_C- - - _ _

`9'�-60-5-4K

- - .

, •

R 27633

R 47956

352111.90 ha

219.73 ha

352

0 60/25'

Page 6: acpC - Parliament of Western Australia

TR 60/252140

TR 60/25UCL 2140

TR 60125587 R MOB

5462SF 5G

SF 56

R 386503846 300

...4../114112

F 56

3822

Bromley NP

A 47956352

rCJ

IT woo,03

R 19608t01

SF 56

Bromley NPA 47956

352

Bramley NP

A 47956351

TR 60/25537

PROPOSED EXCISIONS FROM STATE FOREST No. 56,TIMBER RESERVE 60/25 AND I3RAMLEY NATIONAL PARK

FOR PROPOSED MARGARET RIVER BYPASS

LEGEND

1. Area proposed (24A818) to be excised from State Forest No. 56

2. Area proposed (0.5418) to be excised from Bromley Notional Park (A47956)

3. Area proposed (4.02Im) to be excised form Timber Reserve 60/25

4. State forest and timber reserve adjoining area subject of excision

5. Crown reserve (National Park) adjoining area subject of excision

6. OtI►er Crown reserve

7, UCLSCALE I : 12 000

On Londgate plan: COWARAMUP SW (1930-III-SW)On Department of Parks and Wildlife plan: 1930 - &

Area subject to survey

Page 7: acpC - Parliament of Western Australia

AMENDXTENTS

LAND REQUIREMENT COORMATES MRCG54IGIUMMINEMEM111131152E3111CIEZZINIFEIMMICSENZEIMMEISMICZEM1111IBISIBEIIIMEREIMEMECIEMIEMEMEIEBEEMICEMS2NEIMMEEM11111113EMEMERIMENIMMEMINIFIESEINIEDIMISII=M1123=51111=111

NOTES

I. 0F0O121:0P MO XMAS Act AMOXIXATT00.1 PO ARC =TACT TO 270000.

G A ns.w.A. :TAW: LOC PLOISTASAXD, I5 APP1.40ITIATC

A A 47956

2144

ue,

A /I \ 47456 A38650 /•,,

FOREST No 56

FOREST No 56

ITDI OCKXPTITat ,..„., CiliX=IIX,RITSART 70200 2T XOLDMIDIC00 G LGIVC1 rAIIPTSISTITT 0'.8`7[ 1.1*./. 001.800

MP %KV'007 A.: AWAMN= ATIKLIZ INS.

XtrratIPSTCPAATTOT OF LINGICIKTIT T.

COCCRV AT ION ILI.SI. ha IT..44LI xl

. OrPARMIDAT CF 1) 0420400002 LCOMOVATai

0000E040A71215021:20140f NA Wu' „ow -L- CLAY

RESERVE

L0: 007 10119170 7r470 OF WA. o wr.••.; - wHoLc T= RCMC OSSRYATTJUSOTIT=STI OXV C1504.4..STRAM

4 477707, )06;0 taar.crt47 sTATEcAVAITCX0 R 1 rXXT FOR PI.AXI044 AND INIXASTFILKIIIRT 54'2 °r mr°4444°4°4"47 ra'°°° - OTC, -

S LOT 2143 24244744 PRANK TO012 Ms= PTT LIP - 44022 ha 7.7547 IP 210024544 4

LEGEND

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C00NDA0T,11 be,2n4TCS.

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01'.-nairroo,ds

SOUTH WEST REGION1,1040.reC

AMA" A

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"..`A,wwn GG 00.87 :VA. =TAXA z6s1.0

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TM TO 7.13 2.0LAND DEALINGS PLAN

'72}4[7 '2 C$ 5Izrot•WK. eir IrvvI•

201102-0556 —111.11.1.1.14,

T200

Page 8: acpC - Parliament of Western Australia

FOREST No 56

ITEM DCSCRPTION ce; crotzmvamoogoott AGercr 10/NAG010i7 ORACRARtA RERlattO HIM ARtA

MS 9W' PtRUMO RatARSFDWG.

PePtACKC

IIII=1 - 00,ARIKKT OF 00i2t=07:.

COZMW.T*4 -720'' 11=11111111111111111RI '---- 11111111BEEMIIIIINESiiill ,me 112111111111111111111111111111111=11121 t'CPATHI Z ii°7'' MOM

LAND REQUIREMENT COORDINATES MRCO94PT CASTING I 0=110110 PT tASTR10 NORIHM PT EA0106 I R/RMNS1 00170.070 I 13717 74S 17 6707O 417 IltSTAAllt. 73 47041.145 1 173313:26

1E1111111MMIIIEME11112311EUEIIIIECHEMIMI ES:112ESMIIIMIESIMEIIIMIIMIEZEMEN112111EMEMMEM11111131=11110221111EREMENEMEINIlallegMBIESP511111311MENEEMENIE11111111115113/122111E00111113:111SERMIIMMI111011=11M181111113131113011MMINIEMBZIMMIIlrllEE;PIEECPEECIIEEF2M311HECMMIMEEMESIII11111331311103EINIECIEMEMIIIMEMAIIIMOM=311El ISE4EIEE=11116311=111EEMEINIEMEI11011EMIEZEBENUMEMM111=151111111111

FOREST No 56

r,,••••■=8*

I CRATCS/A. =VISA 24.SS,11

RUSSELL HIGHWAY H043tigitAII O4, Drzs

0,00 TO 7.0 2,xLAND .DEALINGS • PLAN

;NM 1 OF. 5mit *pale mIlaryta-Kue.alpft Mr/

AIXINOW=

NOTES

1. OKZION; MO =AS AZE APPROWATt'ONLY NC Ant 0L0JCC7- TO 0O1:tvLY.

S.L.X. rAstx0i7 LK 41.0eCTRItO APPROMP.TC On..

LEGENO

LA$0.4t0t0= MAOMP=

MtO P.COLIIRCrtNT KKK. R.:TCRrCP02TCD PLANTP'J00 7.)071 07J071.,

DOLINOMY TO DC =MO.

METADATACM= SIAVEY STAMM=:tan T Whitt

'''.4"4 %RV, M0.000041 CAP1tRtNMI 00/00 1000(1 :04 r00014K44100144A ;1;r-inroads

SOIJTI1 WEST REGIONWISMINIARK PoePta

1.n.... 04104 104 rot 11.11 100104

7210

201102-0555

A1

Page 9: acpC - Parliament of Western Australia

ANNEXURE 2

Page 10: acpC - Parliament of Western Australia

a

II ot

id if

Transmittal To Minister's Office(Executive Use Only)

Date/Time Sent: 7 /3 /I 4- By Whom: Pirldita SuBicano How: Handt'Baq 1 Courier Fax Email

Author: Nicola Mincham, Land Administration Officer, La Unit, 9219 8777Office of Origin:Your Reference:Our Reference:

Parks and Visitor Services

MiN250114

Division •

I , ltdRECEIVEDIN 950/1

1 4 MAR 2014

MINISTER FOR ENVIRONMENT Office of the Director GeneralDIV: DUE:

:r '-'t‘ re: El

PROPOSED EXCISION FROM STATE FOREST NO. 56, TIMBER RESERVE 60/25AND BRAMLEY NATIONAL PARK (CLASS 'A', CROWN RESERVE NO. 47956) TOFACILITATE THE CONSTRUCTION OF MARGARET RIVER PERIMETER ROAD

ISSUE

Your approval is sought to excise 29.0331 hectares from land managed by theDepartment of Parks and Wildlife to facilitate the construction of the Margaret RiverPerimeter Road.

BACKGROUND

Main Roads Western Australia (MRWA) has proposed to construct a bypass eastaround Margaret River town site. The proposed bypass, known as the Margaret RiverPerimeter Road, will remove heavy vehicle traffic from the main street of Margaret Riverand provide an alternative route for those travelling through Margaret River. It isexpected that the proposed bypass will reduce congestion and enhance safety forpedestrians and local traffic in Margaret River.

To facilitate the proposed construction MRWA has requested that the departmentexcise land from State Forest No. 56, Timber Reserve 60/25 and Bramley NationalPark. The land required for excision is:

• 24.4849 hectares of State Forest No. 56;

O 4.0067 hectares of Timber Reserve 60/25; and

e 0.5415 hectares of Bramley National Park.

The areas proposed for excision are displayed on the land dealing plans atAttachment 1 and the locality plan at Attachment 2.

MRWA is in the process of organising the purchase of freehold land for addition to theconservation estate. The proposed addition will provide an offset for native vegetationclearing for several MRWA proposals.

();,--ezro, V 30.24 24 l3

2. COOtoitrIX:Y.– Land 0 1 fckaTary

re-it. I Lit rib

Page 11: acpC - Parliament of Western Australia

Jim SharpACTING DIRECTOR GENERAL

7 March 2014

Att

2

CURRENT STATUS

The proposed excision was referred to the Forest Products Commission (FPC) forcomment, consistent with the requirements of section 19(8) of the Conservation and LandManagement Act 1984 (CALM Act). FPC opposed the construction of the proposedMargaret River Perimeter Road because of the continued erosion of State-owned pineplantations through private and public developments. Subsequent discussions betweenMRWA and FPC have resulted in FPC withdrawing its objections to this proposal. MRWAhas agreed to provide compensation for the loss of income over premature harvesting andwill undertake road works to improve vehicle access to Margaret Pine Plantation.

The Conservation Commission of Western Australia considered this proposal at itsmeeting on 10 February 2014 and provided its endorsement (Attachment 3).

Under section 9 of the CALM Act, the consent of both Houses of Parliament is requiredto excise land from State forest. Subject to your approval, the department will prepare aState forest revocation motion for submission to Parliament, via the Governor.

Under section 45(4) of the Land Administration Act 1997, the excision of land from anational park to create a road requires the consent of the Minister for Environment.

Such road excisions are required to be tabled in Parliament and are subject todisallowance. The Minister for Lands, Hon Terry Redman MLA, who is responsible foradministration of the Land Administration Act 1997 will table the associated papers inParliament.

RECOMMENDATION

That you:

1. note this information; and17NOTED

2. approve the proposed excision of 24.4849 hectares from State Forest No. 56,4.0067 hectares from Timber Reserve 60/25 and 0.5415 hectares from BramleyNational Park to facilitate the construction of the proposed Margaret River PerimeterRoad.

/APPROVED LI NOT APPROVED

MINISTE' R ENVIRONMENT1 4 MAR 2014

Page 12: acpC - Parliament of Western Australia

AN NEXU RE 3

Page 13: acpC - Parliament of Western Australia

File No: 00486-2011

NOTICE OF INTENTION TO AMEND CLASS "A" RESERVE 47956

Land Administration Act 1997

I, the Hon Donald Terrence Redman MLA, Minister for Lands, hereby give notice in

accordance with the provisions of Section 45(5) of the Land Administration Act 1997

that I intend to amend Class 'A' Reserve 47956 "Bramley National Park", which is

situated in the Shire of Augusta-Margaret River.

The reserve is to be amended by the excision of 0.5415 hectares (subject to survey).

The area of the reserve will decrease to about 3894.2670 hectares.

You have 30 days to make a submission on this proposed reserve amendment.

For information please contact Tina Mead at the Department of Lands,

telephone (08) 9791 0836.

HON DONALD TERRENCE REDMAN MLAMINISTER FOR LANDS

1 1 JUL 2014


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