Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The regulations
may provide for the protection, management and control of national parks,
conservation parks, nature reserves, marine nature reserves, marine parks,
marine management areas and land referred to in section 5(1)(g)
and (h), including provision as to the protection and conservation of
fauna and flora therein whether indigenous or not.
(2) Regulations made
under subsection (1) that apply to section 8A land apply only to the
extent the relevant section 8A agreement says they apply.
(2a) The Governor
shall not make regulations under subsection (1) that impose any
restriction on the taking, in a marine park or marine management
area —
(a) of
fish within the meaning of the Fish Resources Management Act 1994 , in
accordance with the provisions of that Act relating to aquaculture or
commercial or recreational fishing; or
(b) of
pearl oyster within the meaning of the Pearling Act 1990 , in accordance
with that Act.
(2b) The prohibition
in subsection (2a) does not include a restriction that relates to conduct
or activity other than the taking of fish but that incidentally affects the
taking of fish.
(3) In
subsection (1), and regulations made thereunder nature reserves includes
land that is reserved under section 29 of the Land Act 1933 2
, whether before or after the commencement of this Act, or under Part 4
of the Land Administration Act 1997 for the conservation of flora or
fauna, or both flora and fauna, but which is not a nature reserve within the
meaning of sections 6(5) and 16B(3).
[Section 130 amended by No. 76 of 1988
s. 13; No. 20 of 1991 s. 55; No. 5 of 1997 s. 37;
No. 31 of 1997 s. 15(20) and (21); No. 24 of 2000 s. 8(6);
No. 36 of 2011 s. 44.]