Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
Act unless the contrary intention appears —
animal means any living thing that is not a human
being or a plant;
animal-proof fence means any substantial fence
used to impede the movement of declared animals being a fence
that —
(a)
conforms with the prescribed description of an animal-proof fence; or
(b) is
approved of in writing by the Director General as being an animal-proof fence;
authorised person means a person authorised by the
Director General pursuant to section 11;
barrier fence means any animal-proof or
rabbit-proof fence under the control of the Director General and any other
animal-proof or rabbit-proof fence erected out of public moneys;
category means a category mentioned in
section 36(3) or (4);
class , in relation to plants or animals, means
any group or grouping of plants or animals;
Commissioner means the Commissioner of State
Revenue;
control —
(a) in
relation to declared plants of a class assigned to category P2 or declared
animals of a class assigned to category A2, means to destroy, prevent and
eradicate those plants or animals or cause those plants or animals to be
destroyed, prevented and eradicated;
(b) in
relation to declared plants of a class assigned to category P3,
means —
(i)
to destroy, prevent and eradicate those plants or cause
those plants to be destroyed, prevented and eradicated; or
(ii)
to control those plants by taking or causing to be taken
such measures as are approved by an inspector or authorised person to reduce
the numbers or distribution of those plants;
(c) in
relation to declared plants of a class assigned to category P4,
means —
(i)
to destroy, prevent and eradicate those plants or cause
those plants to be destroyed, prevented and eradicated; or
(ii)
to control those plants by taking or causing to be taken
such measures as are approved by an inspector or authorised person to prevent
the spread of those plants;
(d) in
relation to declared plants of category P5, means to take or cause to be taken
such action in respect of those plants as is prescribed;
(e) in
relation to declared animals of category A5, means —
(i)
to destroy, prevent and eradicate those animals or cause
those animals to be destroyed, prevented and eradicated; or
(ii)
to control those animals by taking or causing to be taken
such measures as are approved by an inspector or authorised person to reduce
and restrict the number of those animals;
(f) in
relation to declared animals of category A7, means to do or cause to be done
such acts, matters and things for the management and regulation of the
movement, numbers and distribution of those animals as are set out in a
management programme having effect in the area of the State in which those
animal are situated and applying to animals of that class,
and inflexions and derivatives have correlative
meanings;
declaration means a declaration made by the
Minister and published in the Gazette and the verb to declare and inflexions
and derivatives have correlative meanings;
declared animal means an animal belonging to a
class of animals declared under section 35 to be declared animals and
includes —
(a) such
an animal of any kind or sex;
(b) the
egg or semen of such an animal; and
(c) such
an animal when in the larval stage or any other immature stage,
and, unless otherwise specified in a declaration
under that section, includes any hybrid or cross derived from such an animal;
Declared Pest Account has the meaning given in the
Biosecurity and Agriculture Management Act 2007 section 6;
declared plant means a plant belonging to a class
of plants declared under section 35 to be declared plants and
includes —
(a) any
part of such a plant;
(b) the
product of such a plant;
department means the department principally
assisting in the administration of this Act;
Director General means the chief executive officer
of the department;
district means, in relation to a local government,
the district of that local government under the Local Government
Act 1995 ;
Government department means a Minister of the
Crown acting in his official capacity, a department of the Public Service of
the State, a State trading concern, instrumentality or public utility, and any
other person or body corporate or unincorporate who or which, under the
authority of an Act, administers or carries on for the benefit of the State a
public social service or utility;
inspector means an inspector appointed under the
Biosecurity and Agriculture Management Act 2007 section 162;
land under the control of a local government means
land which is —
(a)
vested in or leased by a local government;
(b)
within a public place, including a road;
(c)
within a public reserve under the care, control and management of a local
government; or
(d)
vested in a local government as trustee or of which a local government has
been appointed trustee;
management programme means a programme approved
and published by the Minister under section 66;
occupier , in relation to land, means the person
by whom or on whose behalf land is actually occupied, or, if there is no
occupier, the person entitled to possession, and includes a person in the
unauthorised occupation of Crown land, and a person who, under a licence or
concession relating to specified land vested in the Crown, has the right of
taking a profit of the land, and occupy and inflexions and derivatives have,
in relation to land, meanings correlative to “occupier”;
owner , in relation to land,
means —
(a)
(i) a person who is in
possession of the land as —
(A) the holder
of a legal or equitable estate of freehold in possession in the land,
including an estate or interest under a contract or arrangement with the Crown
or any other person by virtue of which the land is held or occupied with the
right to acquire the fee simple by purchase or otherwise;
(B) a Crown
lessee or a lessee or tenant under a lease or tenancy agreement;
(C) a mortgagee
of the land;
(D) a trustee,
attorney or authorised agent of such a holder, lessee, tenant or mortgagee;
or
(ii) where there is no such person
in possession of the land the person who is entitled to possession in any of
those capacities,
and, for the purposes
of this paragraph, receipt of the rents and profits shall be regarded as
possession;
(b) a
person who —
(i)
under a licence or concession relating to specific Crown
land, has the right of taking a profit of the land;
(ii)
is lawfully entitled to occupy the land which is vested
in the Crown, and which has no other owner within the meaning of this
definition;
(iii)
is in the actual occupation, with or without title, of
the surface of the whole or portion of a mining tenement within the meaning of
the Mining Act 1904 2 ;
(iv)
has, without title, a tent, camp or other habitation on
the land which is land belonging to another person;
(v)
is in the unauthorised occupation of the land which is
Crown land,
and own and inflexions and derivatives have, in
relation to land, meanings correlative to “owner”;
pastoral lease has the meaning ascribed to that
term in and for the purposes of the Land Administration Act 1997 ;
plant means vegetation of any kind;
private land means land alienated by the Crown or
land which the holder is in the course of purchasing or has the right to
purchase from the Crown, or land held under lease or licence or permit from
the Crown for any period or reserved or dedicated for a public purpose and
vested in trustees other than a local government or committed to the control
and management of a Board appointed pursuant to the provisions of the
Parks and Reserves Act 1895 , or land held or used by a person in any of
the cases referred to in paragraph (b) of the definition
“owner” in this subsection;
prohibited material —
(a) in
relation to the State generally, means a plant that is, for the time being,
declared in respect of the whole of the State or any part of the State and
includes any packet, parcel, packing material, seeds, soil, vegetable matter
or other substance in or with which that plant is packed or associated;
(b) in
relation to a part of the State, that means a plant that is, for the time
being, declared in respect of part of the State and includes any packet,
parcel, packing material, seeds, soil, vegetable matter or other substance in
or with which that plant is packed or associated;
public land means land other than private land and
other than land under the control of a local government;
rabbit-proof fence means any substantial fence
used to impede the movement of rabbits being a fence that —
(a)
conforms with the prescribed description of a rabbit-proof fence; or
(b) is
approved of in writing by the Director General as being a rabbit-proof fence;
train includes a railway locomotive, railway
carriage and railway wagon;
vehicle has the meaning ascribed to that term in
and for the purposes of the Road Traffic Act 1974 ;
watercourse includes any waters, whether running
or still, permanent or temporary, or natural or artificially constructed.
(2) For the purposes
of this Act —
(a) a
reference to a class of declared plants or class of declared animals of, or
assigned to, a category identified by a letter and a numeral refers to a class
of declared plants or class of declared animals assigned, by declaration under
section 35, to the category so identified in section 36(3) or (4);
(b) a
reference to a declared plant or declared animal of a category identified by a
letter and a numeral refers to a declared plant or declared animal of a class
of declared plants or declared animals, as the case may be, assigned by
declaration under section 35 to the category so identified in
section 36(3) or (4).
(3) A declared plant
or declared animal shall he deemed to be on land for the purposes of this
Act notwithstanding that it is on or in any watercourse on that land or
is, in the case of a declared animal, in the air above that land.
(4) For the purposes
of this Act —
(a) a
fence shall be taken to be on the boundary of any land, or on the common
boundary of any lands, if it follows the line which is such actual, reputed,
or accepted boundary, or where the boundary is inaccessible, or incapable of
being fenced, if the fence follows such boundary as nearly as practicable
having regard to the physical features of the country, or if in any case such
fence follows any line which is reasonably approximate to such boundary; and
(b) the
intervention of a road, railway or watercourse or a reserve set aside for the
purposes of the transmission of electricity or the piping of gas or water
shall not prevent lands being taken to be adjoining, or prevent a fence along
either side of any such road, railway, watercourse or reserve being taken to
be on the common boundary of the lands on either side of such road, railway,
watercourse or reserve.
[Section 7 amended by No. 59 of 1986
s. 5; No. 14 of 1996 s. 4; No. 31 of 1997 s. 141; No.
45 of 2002 s. 7(2); No. 74 of 2003 s. 26; No. 55 of 2004 s. 24;
No. 77 of 2006 s. 17; No. 46 of 2010 s. 6 and 55.]
[ 8, 9. Deleted by No. 46 of 2010 s. 7.]