16Prohibited areas, establishing etc.

16. Prohibited areas, establishing etc.

(1) Following the publication of proposals by the Committee and consideration of any submissions relating thereto in the manner required by section 18, the Minister, if he is of the opinion that the public interest so requires, may, with the consent of the Governor, by notice published in the Government Gazette establish any land specified therein, whether or not private land and notwithstanding that the owner or occupier of that land does not consent to the proposals, as a prohibited area for the purposes of this Act either in relation to vehicles generally or, pursuant to section 20(2), in relation to specified vehicles or circumstances.

(2) A declaration made and published under subsection (1) may, subject to the provisions of section 18(3), be varied or cancelled by a subsequent declaration so made and published.

(3) A declaration made under this section shall take effect on the date of the publication of the notice in the Government Gazette or on such later date as may be specified in that notice.

(4) Where pursuant to subsection (1) any private land is included within a prohibited area for the purposes of this Act a person who is the owner or an occupier normally resident on that land, or who is engaged in the working of that land on behalf of any such owner or occupier, who drives or uses a vehicle on that land shall not be taken to contravene the provisions of section 6(2).

(4a) Where pursuant to subsection (1) any private land is included within a prohibited area for the purposes of this Act, a person who is the owner or an occupier normally resident on that land, or who is engaged in the working of that land on behalf of any such owner or occupier, who drives or uses or travels as a passenger in a vehicle on that land in circumstances that but for this subsection would constitute an offence against section 9A, 9B or 9C shall not in such circumstances be taken to contravene section 9A, 9B or 9C as the case may be.

(5) The Minister shall not exercise the power conferred by subsection (1) in relation to any private land without the consent of the owner and of any lawful occupier of that land unless it is the opinion of the Minister that the public interest so requires by reason of —

(a) the need to provide for the protection of livestock or the preservation of any wildlife or flora; or

(b) the environmentally sensitive nature of the land or things growing on the land; or

(c) the proximity of any land used for residential purposes, or for purposes likely to be incompatible with the use of vehicles in the vicinity; or

(d) the provisions of any local planning scheme or improvement scheme under the Planning and Development Act 2005 or the Swan Valley Planning Scheme in force under the .