Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Relationship of this Act to other Acts
PART II -- Land subject to this Act
Division 1 -- Categories of land
5. “Land to which this Act applies”, meaning of
6. Categories of land, defined
7. Categories of land, vesting of
8A. CEO may agree to manage private or other land
8B. Effect of s. 8A agreements
8C. Certain land may be put under CEO’s management
Division 2 -- State forest and timber reserves
8. State forests, reservation of
9. State forest, restriction on abolition of
10. Timber reserves, reservation of
11. Term used: Crown land
Division 3 -- Marine reserves
13. Marine reserves, reservation of
13A. Marine nature reserves, purpose of and prohibited acts in
13B. Marine parks, purpose of and prohibited acts in
13C. Marine management areas, purpose of and permitted acts in
13D. Effect of s. 13A, 13B and 13C on certain licences etc. for fishing etc.
13E. Effect of s. 13A and 13B on certain licences etc. relating to petroleum
13F. Environmental Protection Act 1986 not limited by s. 13A to 13E
14. Proposal for marine reserve, public notice of and submissions on
Division 4 -- Other procedures
15. Land for State forest etc., power to acquire
Division 5 -- Cancellation etc. of purpose
17. Purpose of certain land, cancelling or amending; area of certain land, changing
Division 6 -- Maps
17A. Maps of categories of land, deposit and inspection of etc.
PART III -- Controlling bodies established
Division 1 -- Conservation Commission of Western Australia
Subdivision 1 -- Establishment and functions and powers of Conservation Commission
18. Commission established and nature of
19. Functions
20. Powers
Subdivision 2 -- Membership and meetings of Conservation Commission
21. Membership
22. Persons not eligible to be members
23. Meetings of Commission, CEO of Department etc. entitled to attend
Subdivision 3 -- Relationship with the Minister
24. Minister may give Commission directions
25. Minister to have access to information
Subdivision 4 -- General
26. Consultants, Commission may engage
26AA. Delegation by Commission
26AB. Documents, execution of by Commission
26AC. Review of operations etc. of Commission
Division 3A -- Marine Parks and Reserves Authority
26A. Authority established
26B. Functions
26C. Minister may give Authority directions
26D. Membership
26E. Review of operations etc. of Authority
Division 3B -- Marine Parks and Reserves Scientific Advisory Committee
26F. Committee established
26G. Functions
26H. Membership
Division 4 -- Provisions applicable to the Conservation Commission, the Marine Authority and the Marine Committee
27. Term used: controlling body
28. Relationship to Public Service
29. Constitution and proceedings (Sch.)
30. Remuneration and allowances of members
31. Annual report
PART IV -- Administration
Division 1 -- Functions and powers
33. CEO, functions of
33A. Terms used
34A. Business undertakings, CEO may form etc.
34B. Timber sharefarming agreements, CEO may enter etc.
35. CEO, remuneration of for advice etc.
Division 2 -- The Conservation and Land Management Executive Body
36. Executive Body established and nature of
37. Purpose
38. Documents, execution of by Executive Body
Division 3 -- Other officers and staff
43. Staff, appointment etc. of
44. Services, research etc., Minister’s powers to engage etc.
45. Enforcement officers, designation and functions of
46. Honorary enforcement officers, appointment and functions of
47. Public Sector Management Act 1994, application of to enforcement officers
48. Certificates for enforcement officers, issue of etc.
49. Ex officio wildlife officers etc.
Division 4 -- General
50. Officers not to trade in timber etc.
51. Forest produce, auctions of etc.
PART V -- Management of land
Division 1 -- Management plans
53. Terms used
54. Plans, when required and who has to prepare
55. Contents of plans
56A. Plan may require CEO to manage land jointly
56. Objectives of plans
57A. Aboriginal persons, ascertaining value of land to
57. Proposed plan to be publicly notified
58. Public submissions on proposed plans
59. Plans to be referred to other bodies
59A. Plans to be submitted to Minister
60. Approval of proposed plan by Minister
60A. Conservation and Land Management Amendment Act 1991, transitional provision for
61. Plans, amending and revoking
Division 2 -- Classification of land
62. Land may be classified
62A. Forest conservation area classification, procedure for amending or cancelling
PART VI -- Financial provisions
64. Certain moneys to be credited to Department
68. Nature Conservation and National Parks Account
69. Other accounts
PART VII -- Control and eradication of forest diseases
79. Purposes of this Part
80. Application of this Part
81. Terms used
82. Forest disease risk areas, constituting
83. Forest disease areas, constituting
84. Procedure before area constituted under s. 82(1) or 83(1)
85. Risk areas and disease areas, changing and abolishing
86. Mining tenement in risk area or disease area
PART VIII -- Permits, licences, contracts, leases, etc.
Division 1A -- General matters
86A. Restrictions on Minister and CEO performing functions under this Part
Division 1 -- State forests, timber reserves, and certain Crown land
87. Terms used
87A. Restriction on CEO exercising powers under this Division
88. Permits etc. for taking etc. forest produce, CEO’s powers as to
89. Permits, form and effect of
90. Licences, form and effect of
91. Permits, licences etc., duration of
92. Charges for forest produce taken
93. No transfer of permit etc. without CEO’s consent
94. Forest produce to be removed while permit etc. is current
95. Permits etc., effects of contravening
96. Permits etc., effect of as to forest produce on pastoral leases, mining tenements etc.
97. Forest leases, grant of etc.
97A. Licences etc. for use etc. of State forest or timber reserve
Division 2 -- Other land
98. Application of this Division
99. Restriction on CEO exercising powers under this Division
99A. Certain acts on land vested in Commission, licences etc. for
100. Leases of land, grant of by CEO
101. Licences etc. for use etc. of land
Division 3 -- Marine reserves
101A. Term used: take
101B. Flora and fauna, taking of not to be authorised etc.
101C. Taking flora or fauna, offence
PART IX -- Offences and enforcement
Division 1 -- Preliminary
102. Terms used
Division 2 -- Offences
103. Taking forest produce
104. Lighting fires
105. Setting fire to tree etc. without notifying forest officer
106. Unlawful activities on land
107. Miscellaneous offences
108. Unlawful use of mark etc. on forest produce
Division 2a -- Removal of unauthorised buildings etc., and trespassing cattle
108A. Unauthorised buildings etc., removal of
108B. Cattle, impounding
108C. Unbranded cattle, dealing with
Division 3 -- General provisions as to offences
109. Aiding etc. offences, effect of
110. Damage by offenders, liability for
111. Forest produce, presumption as to ownership of
112. Offence, presumption as to place of
113. Prosecutions, who may commence
114. Prosecutions under other laws not prevented etc.
114A. Infringement notices
Division 4 -- Enforcement powers
115. Obstructing officers etc., offence
116. Unbranded timber, seizure of etc.
117. Forest produce is Crown property until charges paid
118. Forest produce subject of offence, seizure of etc.
119. Search warrant for secreted forest produce
119A. Sawmills etc., power to enter
120. Land subject to permit etc., power to enter etc.
124. Rangers etc., powers of
125. Wildlife officers, powers of
PART X -- Regulations
126. Regulations, general provisions as to
127. Regulations as to administration
128A. Regulations as to s. 8C land
128. Regulations as to forestry, State forests etc.
129. Regulations as to forest diseases
130. Regulations as to national parks etc.
130A. Regulations as to rights of holders of mining tenements to take forest produce
130B. Land Administration Act 1997 regulations subject to this Act’s regulations as to s. 8A or 8C land
PART XI -- Miscellaneous
131. Land in name of Conservator of Forests at 22 Mar 1985 vested in CEO
131A. Ministerial directions, tabling of
132. Protection from personal liability
133. Delegation by Minister and CEO
134. Notices on land, erection of etc.
135. Forest fires, forest officer may ask for help to extinguish
136. Export of certain timber prohibited except under permit
137. Forest produce in water catchment areas may be placed under CEO’s control etc.
138. Forest produce in other parks and reserves, restrictions on permitting taking of
139. Roads in State forests etc., status of and ownership of timber on etc.
141. Arbor Day
142. Conditional purchase land, condition as to tree planting etc.
143. Conservation Legislation Amendment Act 2011, review of amendments of
PART XII -- Repeal, savings, transitional and validation
Division 1 -- Preliminary
145. Terms used
146. Interpretation Act 1984 not affected
Division 2 -- Repeal, savings and transitional
147. Repeal
148. Saving
149. Saving of certain regulations
150. Devolution of rights, assets and liabilities
151. References in other laws etc.
152. Staff not under Public Service Act 1978
154. Annual reports for part of year
155. Devolution of certain land
Division 3 -- Validation
156. Validation
SCHEDULE
[Reprinted under the Reprints Act 1984 as at 11 May 2012]
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