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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Conservation and Land Management
Amendment Bill 1999
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 5 amended 5
6. Section 7 amended 5
7. Section 10 replaced 5
8. Section 16B amended 6
9. Section 17 amended 6
10. Part III Divisions 1, 2 and 3 replaced by Division 1 7
11. Section 26B amended 20
12. Heading to Part III Division 4 amended 20
13. Section 27 amended 20
14. Section 30 amended 20
15. Section 33 amended 21
16. Section 33A amended 23
17. Section 34B amended 23
18. Section 35 amended 24
19. Section 36 amended 25
20. Section 38 amended 25
21. Section 49 amended 25
22. Section 53 amended 25
23. Section 54 amended 27
24. Section 58 amended 28
25. Section 59 amended 28
26. Section 60 amended 29
27. Section 62 amended 31
page i
77--1
Conservation and Land Management Amendment Bill 1999
Contents
28. Section 62A inserted 33
29. Section 64 amended 34
30. Section 87 amended 35
31. Section 87A inserted 35
32. Section 92 amended 37
33. Section 95 amended 37
34. Section 96 amended 37
35. Section 97 replaced by sections 97 and 97A 37
36. Section 99 amended 40
37. Section 101 amended 42
38. Section 103 amended 43
39. Section 107 amended 44
40. Section 117 amended 44
41. Section 118 amended 44
42. Section 119 amended 45
43. Section 127 amended 45
44. Section 128 amended 45
45. Section 130A inserted 45
46. Section 131A inserted 46
47. Section 132 amended 47
48. Schedule amended 47
49. Various references to "Authority" amended 49
50. References to the department amended 49
51. Transitional provisions 50
Schedule 1 -- Transitional provisions
1. Definitions 51
2. Certain contracts under CALM Act for sale of forest
products have effect as if entered into by Forest
Products Commission 51
3. Certain contracts under CALM Act for harvesting of
forest products have effect as if entered into by the
Forest Products Commission 52
4. Transfer of rights and obligations under certain timber
sharefarming agreements under CALM Act 53
5. Transfer of rights and obligations under other
agreements 53
6. Transfer of positions 53
7. Reserves and other land vested in the Commission or
Authority 55
page ii
Conservation and Land Management Amendment Bill 1999
Contents
8. Management plans 56
9. Members of Commission, Authority and Council 56
10. References to the department to be read as references
under its new name 56
11. Certain regulations under CALM Act taken to have
been made under Forest Products Act 57
12. Registration of documents 58
13. Transitional regulations 58
14. Saving 59
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Conservation and Land Management
Amendment Bill 1999
A Bill for
An Act to amend the Conservation and Land Management Act 1984,
to make consequential amendments to other Acts, and for related
purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Conservation and Land
Management Amendment Act 1999.
page 1
Conservation and Land Management Amendment Bill 1999
s. 2
2. Commencement
This Act comes into operation on the day on which the Forest
Products Act 1999 comes into operation.
3. The Act amended
5 The amendments in this Act (other than in section 50(2)) are to
the Conservation and Land Management Act 1984*.
[* Reprinted as at 26 March 1999.]
4. Section 3 amended
(1) The amendments in this section are to section 3.
10 (2) The definition of "appointed member" is deleted.
(3) The definition of "associated body" is amended by deleting
"Authority" in both places where it occurs and inserting in each
place instead --
" Conservation Commission ".
15 (4) The definition of "Authority" is deleted and the following
definitions are inserted instead --
"
"biodiversity" means the variability among living
biological entities and the ecosystems and
20 ecological complexes of which those entities are a
part and includes --
(a) diversity within native species and between
native species;
(b) diversity of ecosystems; and
25 (c) diversity of other biodiversity components;
page 2
Conservation and Land Management Amendment Bill 1999
s. 4
"biodiversity components" includes habitats,
ecological communities, genes and ecological
processes;
".
5 (5) The definition of "Commission" is deleted.
(6) After the definition of "conservation and land management
officer" the following definition is inserted --
"
"Conservation Commission" means the Conservation
10 Commission of Western Australia established by
section 18;
".
(7) The definitions of "Council" and "ex officio member" are
deleted.
15 (8) After the definition of "forest produce" the following definitions
are inserted --
"
"forest products" has the same meaning as it has in
the Forest Products Act 1999;
20 "Forest Products Commission" means the Forest
Products Commission established by the Forest
Products Act 1999;
".
(9) The definition of "member" is deleted and the following
25 definition is inserted instead --
"
"member" means a member of the Conservation
Commission, the Marine Authority or the Marine
Committee;
30 ".
page 3
Conservation and Land Management Amendment Bill 1999
s. 4
(10) After the definition of "Minister for Fisheries" the following
definition is inserted --
"
"Minister for Forest Products" means the Minister to
5 whom the administration of the Forest Products
Act 1999 is committed;
".
(11) After the definition of "pearling activity" the following
definition is inserted --
10 "
"public water catchment area" means --
(a) land which is reserved under Part 4 of the Land
Administration Act 1997 for water supply
purposes and the care, control and
15 management of which are placed with the
Water and Rivers Commission under that Act;
(b) a catchment area or water reserve constituted
by order in council or proclamation under --
(i) the Country Areas Water Supply
20 Act 1947;
(ii) the Metropolitan Water Supply,
Sewerage, and Drainage Act 1909; or
(iii) the Water Boards Act 1904;
or
25 (c) an Underground Water Pollution Control
Area constituted by proclamation under the
Metropolitan Water Supply, Sewerage, and
Drainage Act 1909;
".
30 (12) The definition of "royalty" is deleted.
page 4
Conservation and Land Management Amendment Bill 1999
s. 5
(13) After the definition of "tree" the following definition is
inserted --
"
"Water and Rivers Commission" means the Water
5 and Rivers Commission established by section 4 of
the Water and Rivers Commission Act 1995;
".
5. Section 5 amended
(1) Section 5(g) is amended by deleting "Commission, the
10 Authority" and inserting instead --
" Conservation Commission ".
(2) Section 5(h) is amended by deleting "Commission or the
Authority." and inserting instead --
" Conservation Commission. ".
15 6. Section 7 amended
(1) Section 7(1) is amended before "Commission" by inserting --
" Conservation ".
(2) Section 7(3) is amended by deleting "Authority." and inserting
instead --
20 " Conservation Commission. ".
(3) Section 7(6) is amended by deleting "and (3), 22(2) and (3)".
7. Section 10 replaced
Section 10 is repealed and the following section is inserted
instead --
25 "
10. Reservation of timber reserves
The Governor may, by order published in the Gazette,
reserve any Crown land as a timber reserve.
".
page 5
Conservation and Land Management Amendment Bill 1999
s. 8
8. Section 16B amended
Section 16B(3) is amended by deleting "10(1)(b) and 17" and
inserting instead --
" 17 and 20(2) ".
5 9. Section 17 amended
(1) Section 17(3) is amended by deleting "Commission, Authority"
and inserting instead --
" Conservation Commission ".
(2) Section 17(4) is amended by deleting "Commission, the
10 Authority" in both places where it occurs and inserting in each
place instead --
" Conservation Commission ".
(3) Section 17(4a) is amended by deleting "Commission, the
Authority" and inserting instead --
15 " Conservation Commission ".
(4) Section 17(5) is amended after "subsection (6) applies," by
inserting --
"
or in the case of a timber reserve to which
20 subsection (6a) applies,
".
(5) Section 17(6) is amended after "marine reserve" by inserting --
"
(other than land reserved under Part 4 of the Land
25 Administration Act 1997 as a marine reserve)
".
page 6
Conservation and Land Management Amendment Bill 1999
s. 10
(6) After section 17(6) the following subsection is inserted --
"
(6a) In the case of a timber reserve (other than land reserved
under Part 4 of the Land Administration Act 1997 as a
5 timber reserve), the Minister, with the concurrence of
the Minister for Forest Products, may, subject to this
section, recommend to the Governor that an order be
made to give effect to the proposal, and thereupon the
Governor shall by order published in the Gazette give
10 effect to the proposed cancellation, amendment or
alteration.
".
10. Part III Divisions 1, 2 and 3 replaced by Division 1
Part III Divisions 1, 2 and 3 are repealed and the following
15 Division is inserted instead --
"
Division 1 -- Conservation Commission of
Western Australia
Subdivision 1 -- Establishment and functions and powers of
20 Conservation Commission
18. Conservation Commission established
(1) There is established by this section a commission by
the name of the Conservation Commission of Western
Australia.
25 (2) The Conservation Commission is a body corporate
with perpetual succession.
(3) Proceedings may be taken by or against the
Commission in its corporate name.
page 7
Conservation and Land Management Amendment Bill 1999
s. 10
19. Functions of Conservation Commission
(1) The functions of the Conservation Commission are --
(a) to have vested in it State forest, timber reserves,
national parks, conservation parks, nature
5 reserves, relevant land referred to in
section 5(g) and to have the joint function
provided for by section 7(4);
(b) to have the care, control and management of
relevant land referred to in section 5(h) placed
10 with it;
(c) to develop policies --
(i) for the preservation of the natural
environment of the State and the
provision of facilities for the enjoyment
15 of that environment by the community;
(ii) for promoting the appreciation of flora
and fauna and the natural environment;
and
(iii) to achieve or promote the objectives
20 referred to in section 56(1)(a), (b), (c),
(d) and (e);
(d) to advise the Minister on the development of
policies for the conservation and management
of biodiversity and biodiversity components
25 throughout the State;
(e) to consider, in accordance with section 17, any
cancellation, change of purpose or boundary
alteration in respect of land vested, whether
solely or jointly with an associated body, in the
30 Conservation Commission;
(f) to submit proposed management plans to the
Minister as provided in Part V in respect of
land vested, whether solely or jointly with an
page 8
Conservation and Land Management Amendment Bill 1999
s. 10
associated body, in the Conservation
Commission;
(g) in relation to management plans for land
vested, whether solely or jointly with an
5 associated body, in the Conservation
Commission --
(i) to develop guidelines for monitoring
and assessing the implementation of the
management plans by the Department;
10 (ii) to set performance criteria for assessing
and auditing the performance of the
Department and the Forest Products
Commission in carrying out and
complying with the management plans;
15 and
(iii) to assess and audit the performance of
the Department and the Forest Products
Commission in carrying out and
complying with the management plans;
20 (h) to advise the Minister on the ecologically
sustainable management of --
(i) State forest and timber reserves; and
(ii) forest produce throughout the State;
(i) to advise the Minister on the production and
25 harvesting, on a sustained yield basis, of forest
produce throughout the State;
(j) to inquire into and, subject to subsection (5), to
advise the Minister on any matter on which the
Minister requests advice;
30 (k) to provide advice, upon request, on matters
relating to land and waters vested in the
Conservation Commission, whether solely or
jointly with an associated body, to any body or
person, if the provision of the advice is in the
page 9
Conservation and Land Management Amendment Bill 1999
s. 10
public interest and it is practicable for the
Conservation Commission to provide it; and
(l) with the approval of the Minister, to cause
study or research to be undertaken for the
5 purposes of paragraph (c).
(2) It is declared that the vesting in the Conservation
Commission of State forest, timber reserves, national
parks, conservation parks and nature reserves is only
for the purposes of subsection (1)(c), (d), (e), (f), (g),
10 (h), (i), (k) and (l) and does not otherwise limit the
functions of the Department under section 33.
(3) Despite the Land Act 1933, land to which section 5(g)
applies that is vested in the Conservation Commission,
including the land referred to in section 155, is only
15 vested within the meaning in subsection (2).
(4) Despite the Land Administration Act 1997, the placing
of the care, control and management of land to which
section 5(h) applies with the Conservation Commission
is only for the purposes referred to in subsection (2).
20 (5) The Conservation Commission shall not advise the
Minister on any matter to which this subsection applies
unless, before the advice is tendered, it has --
(a) informed each local government in whose
district land directly affected by the advice is
25 situated of the general nature of its proposed
advice; and
(b) afforded the local government a reasonable
opportunity to make submissions on its
proposed advice.
30 (6) Subsection (5) applies to --
(a) any proposal to establish a new State forest,
timber reserve, national park, conservation park
page 10
Conservation and Land Management Amendment Bill 1999
s. 10
or nature reserve or to enter into an agreement
under section 16 for the management of land as
a State forest, timber reserve, national park,
conservation park or nature reserve; and
5 (b) any matter to which the Minister, by written
direction to the Conservation Commission,
applies that subsection.
(7) Where a matter before the Conservation Commission is
relevant to the functions of the Forest Products
10 Commission, the Conservation Commission shall refer
that matter to the Forest Products Commission for its
comments and advice.
(8) Where a matter before the Conservation Commission is
relevant to the management of land or waters vested in
15 the Marine Authority, or is otherwise relevant to the
functions of the Marine Authority, the Conservation
Commission shall refer that matter to the Marine
Authority for its comments and advice.
(9) Where --
20 (a) the Conservation Commission has provided
advice to the Minister which the Minister has
requested under subsection (1)(j), or is required
by this Act to consider or take into account;
(b) the advice recommends that the Minister take
25 or refrain from taking specified action; and
(c) the Minister decides to act otherwise than in
accordance with the recommendation,
the Minister is to cause a copy of the advice and the
decision to be laid before each House of Parliament
30 within 14 sitting days of that House after the making of
the decision.
page 11
Conservation and Land Management Amendment Bill 1999
s. 10
20. Powers of Conservation Commission
(1) The Conservation Commission has power to do all
things necessary or convenient to be done for or in
connection with the performance of its functions under
5 this Act.
(2) Without limiting subsection (1), the Conservation
Commission has the power to engage and manage staff.
(3) The power conferred by subsection (2) --
(a) includes the power to determine remuneration
10 and other terms and conditions of service of
staff, to remove, suspend and discipline staff
and to terminate the employment of staff; and
(b) does not preclude the delegation of any matter
under section 26AA.
15 (4) The remuneration of and other terms and conditions of
employment of staff are --
(a) not to be less favourable than is provided for
in --
(i) an applicable industrial award, order or
20 agreement; or
(ii) the Minimum Conditions of Employment
Act 1993;
and
(b) to be determined after consultation with the
25 Minister for Public Sector Management.
(5) Nothing in this section affects the operation of the
Workplace Agreements Act 1993 or section 100 of the
Public Sector Management Act 1994.
(6) Without limiting subsection (1), the Conservation
30 Commission has the rights to take water from land
vested in, or land the care, control and management of
page 12
Conservation and Land Management Amendment Bill 1999
s. 10
which are placed with, the Conservation Commission
that would apply if --
(a) that land was land alienated from the Crown;
and
5 (b) the Conservation Commission was the occupier
of that land,
within the meaning of the Rights in Water and
Irrigation Act 1914.
(7) The rights referred to in subsection (6) may be assigned
10 by the Conservation Commission to --
(a) a member of the Conservation Commission;
(b) a member of the staff of the Conservation
Commission; or
(c) the Executive Director or a member of the staff
15 of the Department.
Subdivision 2 -- Membership and meetings of Conservation
Commission
21. Membership of Conservation Commission
(1) The Conservation Commission comprises 9 members
20 appointed by the Governor on the nomination of the
Minister.
(2) Subject to subsection (3) and section 22, the members
are to be persons who, in the opinion of the Minister --
(a) have knowledge of and experience in --
25 (i) the conservation or management of
biodiversity;
(ii) environmental management, including
the management of the natural
page 13
Conservation and Land Management Amendment Bill 1999
s. 10
environment for use for recreational
purposes; or
(iii) the sustainable use of natural resources;
or
5 (b) have a particular function or vocational interest
relevant to the functions of the Conservation
Commission,
and who, in the opinion of the Minister, are able to
make a contribution to the functions of the
10 Conservation Commission.
(3) One member is to be a person who, in the opinion of
the Minister --
(a) has knowledge of and experience in Aboriginal
cultural and Aboriginal heritage matters
15 relevant to the functions of the Conservation
Committee; and
(b) is able to make a contribution to the functions
of the Conservation Commission.
(4) The Governor is to appoint, on the nomination of the
20 Minister, 2 of the members to be the chairman of the
Conservation Commission and the deputy chairman of
the Conservation Commission respectively.
22. Certain person not eligible for appointment
(1) A person is not eligible to be appointed as, or be, a
25 member of the Conservation Commission if the
person --
(a) holds office as the Executive Director, Director
of Forests, Director of National Parks, Director
of Nature Conservation or a member of the
30 staff of the Conservation Commission or the
Department; or
page 14
Conservation and Land Management Amendment Bill 1999
s. 10
(b) holds office as a commissioner, the General
Manager or a member of the staff of the Forest
Products Commission.
(2) A reference in this section to a person who holds an
5 office includes a reference to a person who acts in the
office.
23. Entitlement of Executive Director and Directors to
attend meetings of Conservation Commission
(1) Reasonable notice of a meeting of the Conservation
10 Commission is to be given to the Executive Director
and, if in the view of the chairman any matter proposed
to be put before the meeting concerns the functions of a
Director, to that Director, and no resolution purportedly
passed at a meeting is valid unless such notice of the
15 meeting was duly given.
(2) For the purposes of subsection (1), the Executive
Director is to notify the chairman as to the functions of
the Directors and any changes to those functions.
(3) Subject to subsection (5), the Executive Director, or the
20 Executive Director's representative, is entitled to attend
any meeting and to take part in the consideration and
discussion of any matter before a meeting, but cannot
vote on any matter.
(4) Subject to subsection (5), a Director who receives
25 notice under subsection (1), or that Director's
representative, is entitled to attend the meeting to
which the notice applies and to take part in the
consideration and discussion of any matter before the
meeting that concerns the functions of the Director, but
30 cannot vote on any matter.
(5) The Conservation Commission may decide to exclude
the persons referred to in subsections (3) and (4) (but
page 15
Conservation and Land Management Amendment Bill 1999
s. 10
not some of them only) from a meeting while it is
considering a matter that relates to the functions or
actions of the Department.
(6) In this section --
5 "Director" means the Director of Forests, Director of
National Parks or Director of Nature Conservation.
Subdivision 3 -- Relationship with the Minister
24. Minister may give directions
(1) The Minister may give directions in writing to the
10 Conservation Commission with respect to the exercise
or performance of its functions, either generally or in
relation to a particular matter, and the Conservation
Commission is to give effect to any such direction.
(2) The text of any direction given under subsection (1) is
15 to be included in the annual report of the Conservation
Commission under section 31.
25. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of the
20 Conservation Commission; and
(b) if the information is in or on a document, to
have, and make and retain copies of, that
document.
(2) For the purposes of subsection (1) the Minister may --
25 (a) request the Conservation Commission to
furnish information to the Minister;
(b) request the Conservation Commission to give
the Minister access to information;
page 16
Conservation and Land Management Amendment Bill 1999
s. 10
(c) for the purposes of paragraph (b), make use of
staff to obtain the information and furnish it to
the Minister.
(3) The Conservation Commission is to comply with a
5 request under subsection (2) and make staff and
facilities available to the Minister for the purposes of
subsection (2)(c).
(4) In this section --
"document" includes any tape, disc or other device or
10 medium on which information is recorded or
stored;
"information" means information specified, or of a
description specified, by the Minister that relates
to the functions of the Conservation Commission;
15 "staff" means the staff of the Conservation
Commission or the staff provided by the
Department under section 33(1)(ba).
Subdivision 4 -- General
26. Consultants
20 The Conservation Commission may engage persons
under contracts for services to provide any
professional, technical or other assistance that the
Conservation Commission considers necessary for the
performance of its functions under this Act.
25 26AA. Delegation
(1) The Conservation Commission may, by instrument,
delegate the performance of any of its functions except
this power of delegation.
(2) A delegation under subsection (1) may be made to --
30 (a) a member of the Conservation Commission;
page 17
Conservation and Land Management Amendment Bill 1999
s. 10
(b) a member of the staff of the Conservation
Commission; or
(c) a member of the staff of the Department
provided under section 33(1)(ba).
5 (3) A delegate cannot subdelegate the performance of any
function unless the delegate is expressly authorized by
the instrument to do so.
(4) A function performed by a delegate of the Commission
is taken to be performed by the Commission.
10 (5) A delegate performing a function under this section is
taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
26AB. Execution of documents
(1) The Conservation Commission is to have a common
15 seal.
(2) A document is duly executed by the Conservation
Commission if --
(a) the common seal of the Conservation
Commission is affixed to it in accordance with
20 subsections (3) and (4); or
(b) it is signed on behalf of the Conservation
Commission by one or more persons authorized
to do so under subsection (5).
(3) The common seal of the Conservation Commission is
25 not to be affixed to any document except as authorized
by the Conservation Commission.
(4) The common seal of the Conservation Commission is
to be affixed to a document in the presence of 2 of its
members, and each of them is to sign the document to
30 attest that the common seal was so affixed.
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Conservation and Land Management Amendment Bill 1999
s. 10
(5) The Conservation Commission may, by writing under
its seal, authorize one or more of its members to sign
documents on its behalf, either generally or subject to
any conditions or restrictions specified in the
5 authorization.
(6) A document purporting to be executed in accordance
with this section is to be presumed to be duly executed
until the contrary is proved.
(7) A document executed by a person under this section
10 without the common seal of the Conservation
Commission is not to be regarded as a deed unless the
person executes it as a deed and is authorized under
subsection (5) to do so.
(8) Where a document is produced bearing a seal
15 purporting to be the common seal of the Conservation
Commission, it is to be presumed that the seal is the
common seal of the Conservation Commission until the
contrary is proved.
26AC. Review of Conservation Commission
20 (1) The Minister is to carry out a review of the operations
and effectiveness of the Conservation Commission as
soon as is practicable after the expiration of 5 years
from the commencement of the Conservation and Land
Management Amendment Act 1999 and in the course of
25 that review is to have regard to --
(a) the need for the continuation of the
Conservation Commission; and
(b) any other matters that appear to the Minister to
be relevant.
page 19
Conservation and Land Management Amendment Bill 1999
s. 11
(2) The Minister is to prepare a report based on the review
under subsection (1) and, as soon as is practicable after
its preparation, is to cause the report to be laid before
each House of Parliament.
5 ".
11. Section 26B amended
Section 26B(7) is amended by deleting "the Authority" in each
place where it occurs and inserting in each place instead --
" the Conservation Commission ".
10 12. Heading to Part III Division 4 amended
The heading to Part III Division 4 is amended by deleting
"Commission, the Authority, the Council," and inserting
instead --
" Conservation Commission, ".
15 13. Section 27 amended
Section 27 is amended by deleting "Commission, the Authority,
the Council," and inserting instead --
" Conservation Commission, ".
14. Section 30 amended
20 Section 30 is amended as follows:
(a) by deleting "An appointed" and inserting instead --
" A ";
(b) by deleting "Public Service Commissioner." and
inserting instead --
25 " Minister for Public Sector Management. ".
page 20
Conservation and Land Management Amendment Bill 1999
s. 15
15. Section 33 amended
(1) Section 33(1) is amended as follows:
(a) in paragraph (b) by deleting "Commission, the
Authority, the Council," and inserting instead --
5 " Conservation Commission, ";
(b) after paragraph (b) by inserting the following
paragraphs --
"
(ba) without limiting paragraph (b) or section 20(2),
10 to provide the Conservation Commission with
any staff and facilities that it may reasonably
require to perform its functions;
(bb) to enter into a memorandum of understanding
with the Forest Products Commission relating
15 to the performance of the Department's and that
Commission's respective functions and to any
other prescribed matter;
";
(c) after paragraph (ca) by inserting the following
20 paragraph --
"
(cb) to use, for the purposes of making
improvements to any land to which this Act
applies, any forest produce that becomes
25 available for use from the carrying out of --
(i) necessary operations, within the meaning
in section 33A(1), on nature reserves;
(ii) compatible operations, within the
meaning in section 33A(2), on national
30 parks and conservation parks; or
(iii) operations, in accordance with the
provisions of section 56 applicable to
the land, on land vested in, or on land
page 21
Conservation and Land Management Amendment Bill 1999
s. 15
the care, control and management of
which are placed with, the Conservation
Commission that is State forest, a
timber reserve or land referred to in
5 section 5(g) or (h).
";
(d) in paragraph (dc) before "to promote" by inserting --
" subject to paragraph (dd), ";
(e) after paragraph (dc) by inserting the following
10 paragraph --
"
(dd) to develop policies that provide for water to be
taken from land referred to in paragraph (a);
";
15 (f) by deleting the full stop at the end of paragraph (g) and
inserting a semicolon instead;
(g) after paragraph (g) by inserting the following
paragraph --
"
20 (h) to perform any other function prescribed for the
purposes of this paragraph.
".
(2) After section 33(3) the following subsection is inserted --
"
25 (4) A function referred to in paragraph (dc) or (dd) of
subsection (1) shall be carried out, where there is a
management plan for land to which that paragraph
applies, in accordance with that plan and without
limiting the operation of the Rights in Water and
30 Irrigation Act 1914.
".
page 22
Conservation and Land Management Amendment Bill 1999
s. 16
(3) Section 33(5) is amended by deleting "Commission, the
Authority or the Marine Authority under sections 19, 22" and
inserting instead --
"
5 Conservation Commission or the Marine Authority
under sections 19
".
16. Section 33A amended
(1) Section 33A(1) is amended by deleting "section 33(3)(b)" and
10 inserting instead --
" section 33(1)(cb)(i) and (3)(b) ".
(2) Section 33A(2) is amended by deleting "section 33(3)(b)" and
inserting instead --
" section 33(1)(cb)(ii) and (3)(b) ".
15 17. Section 34B amended
(1) Section 34B(2) is repealed and the following subsection is
inserted instead --
"
(2) For the purposes of this section a timber sharefarming
20 agreement is an agreement --
(a) by which the right to harvest a crop of trees on
land is acquired by a person through the
Executive Director acting as an agent and the
right to establish and maintain, or the right to
25 maintain, the crop may be acquired --
(i) by the Executive Director;
(ii) by another person through the Executive
Director acting as an agent; or
page 23
Conservation and Land Management Amendment Bill 1999
s. 18
(iii) by the Executive Director and by
another person through the Executive
Director acting as an agent;
and
5 (b) which provides for rights, obligations and
powers relating to --
(i) payment of money or the giving of other
consideration by the parties to the
agreement; and
10 (ii) access to the land and, where
appropriate, the undertaking of work or
the provision of facilities on the land by
those parties,
and may provide for rights, obligations and
15 powers relating to the division of the crop or
the proceeds of the crop between parties to the
agreement (other than the Executive Director).
".
(2) Section 34B(7a) is repealed and the following subsection is
20 inserted instead --
"
(7a) The Executive Director may exercise rights under or in
relation to a timber sharefarming agreement.
".
25 18. Section 35 amended
Section 35 is amended as follows:
(a) before "Any" by inserting the subsection
designation "(1)";
page 24
Conservation and Land Management Amendment Bill 1999
s. 19
(b) at the end of the section by inserting the following
subsection --
"
(2) If an arrangement is made under subsection (1) with
5 the Forest Products Commission, the agreed amount by
way of payment is not to exceed the full cost to the
Department of providing the advice, performing the
work or supplying the services or facilities.
".
10 19. Section 36 amended
Section 36(2) is repealed.
20. Section 38 amended
After section 38(3) the following subsection is inserted --
"
15 (4) In subsection (1) --
"acquiring" has a meaning that accords with the
meaning of "disposing of";
"disposing of" includes selling, leasing or disposing of
in any other manner that an interest in property
20 may be disposed of.
".
21. Section 49 amended
Section 49(a) is amended by deleting "Commission or the
Authority;" and inserting instead --
25 " Conservation Commission; ".
22. Section 53 amended
(1) Section 53 is amended as follows:
(a) before "In" by inserting the subsection
designation "(1)";
page 25
Conservation and Land Management Amendment Bill 1999
s. 22
(b) by deleting the definition of "controlling body" and
inserting the following definition instead --
"
"controlling body" means the Conservation
5 Commission or the Marine Authority;
";
(c) at the end of the definition of "land" by deleting the full
stop and inserting a semicolon instead;
(d) after the definition of "land" by inserting the following
10 definitions --
"
"Minister for Water Resources" means the Minister
to whom the administration of the Water and
Rivers Commission Act 1995 is committed;
15 "relevant water utility", in relation to a public water
catchment area, means a public utility that
holds --
(a) a licence under Part III of the Rights in
Water and Irrigation Act 1914 for the taking,
20 use or disposal of water from that area; and
(b) an operating licence under the Water
Services Coordination Act 1995.
".
(2) At the end of section 53 the following subsections are
25 inserted --
"
(2) Anything to be done by the Conservation Commission
under this Division in relation to a management plan
for land that is State forest or a timber reserve is to be
30 done --
(a) by the Conservation Commission; or
page 26
Conservation and Land Management Amendment Bill 1999
s. 23
(b) by the Conservation Commission through the
agency of the Department,
as the case requires, acting jointly with the Forest
Products Commission.
5 (3) Anything to be done by the Conservation Commission
under this Division in relation to a management plan
for land that is or includes a public water catchment
area is to be done --
(a) by the Conservation Commission; or
10 (b) by the Conservation Commission through the
agency of the Department,
as the case requires, acting jointly with the Water and
Rivers Commission and any relevant water utility.
".
15 23. Section 54 amended
Section 54(3) is amended by deleting paragraph (a) and "and"
after that paragraph and inserting instead --
"
(a) by --
20 (i) the controlling body for that land
through the agency of the Department;
(ii) if the land is State forest or a timber
reserve, the Conservation Commission
through the agency of the Department
25 acting jointly with the Forest Products
Commission; or
(iii) if the land is or includes a public water
catchment area, the Conservation
Commission through the agency of the
30 Department acting jointly with the
page 27
Conservation and Land Management Amendment Bill 1999
s. 24
Water and Rivers Commission and any
relevant water utility;
and
".
5 24. Section 58 amended
(1) Section 58 is amended by inserting before "Written" the
subsection designation "(1)".
(2) At the end of section 58 the following subsections are
inserted --
10 "
(2) If the proposed management plan is for State forest or a
timber reserve, the Executive Director shall give a copy
of any written submission on the plan to the Forest
Products Commission.
15 (3) If the proposed management plan is for land that is or
includes a public water catchment area, the Executive
Director shall give a copy of any written submission on
the plan to the Water and Rivers Commission and to
any relevant water utility.
20 ".
25. Section 59 amended
(1) Section 59(5) is amended by deleting "controlling body" and
inserting instead --
" Marine Authority ".
25 (2) After section 59(5) the following subsections are inserted --
"
(6) The Conservation Commission shall submit a proposed
management plan for State forest or a timber reserve to
the Minister for Forest Products.
page 28
Conservation and Land Management Amendment Bill 1999
s. 26
(7) The Conservation Commission shall submit a proposed
management plan for land that is or includes a public
water catchment area to the Minister for Water
Resources.
5 (8) If a proposed management plan is relevant to the
functions of the Western Australian Tourism
Commission under the Western Australian Tourism
Commission Act 1983, the controlling body shall
submit the plan to the Minister administering that Act.
10 ".
26. Section 60 amended
(1) Section 60(2) is amended by deleting "and (2b)" and inserting
instead --
" , (2b) and (2c), ".
15 (2) After section 60(2b) the following subsections are inserted --
"
(2c) If the Minister for Forest Products has made
submissions to the controlling body on a proposed
management plan for State forest or a timber reserve,
20 the Minister shall not approve the proposed plan
unless --
(a) the Minister and the Minister for Forest
Products --
(i) agree that the proposed plan gives effect
25 to those submissions; or
(ii) having referred the proposed plan to the
Governor, agree that it gives effect to
the decision of the Governor,
so far as those submissions or the Governor's
30 decision relate to --
(iii) the production and yield of forest
products;
page 29
Conservation and Land Management Amendment Bill 1999
s. 26
(iv) the sustainable use of indigenous forest
products;
(v) the harvesting of forest products;
(vi) the forest products industry; or
5 (vii) a proposal under section 17(2) to cancel
or amend the purpose of a timber
reserve or alter a boundary of a timber
reserve;
and
10 (b) the Minister and the Minister for Forest
Products agree that consideration has been
given to those submissions so far as they are
about other matters relating to the
administration of the Forest Products Act 1999.
15 (2d) If the Minister for Water Resources has made
submissions to the controlling body on a proposed
management plan for land that is or includes a public
water catchment area, the Minister shall not approve
the proposed plan unless --
20 (a) the Minister and the Minister for Water
Resources --
(i) agree that the proposed plan gives effect
to those submissions; or
(ii) having referred the proposed plan to the
25 Governor, agree that it gives effect to
the decision of the Governor,
so far as those submissions or the Governor's
decision relate to --
(iii) the maintenance and protection of water
30 resources and the protection of water
quality;
(iv) the management of water catchments; or
page 30
Conservation and Land Management Amendment Bill 1999
s. 27
(v) access to and utilization of water
resources;
and
(b) the Minister and the Minister for Water
5 Resources agree that consideration has been
given to those submissions so far as they are
about other matters relating to the
administration of --
(i) the Country Areas Water Supply
10 Act 1947;
(ii) the Metropolitan Water Supply,
Sewerage, and Drainage Act 1909;
(iii) the Rights in Water and Irrigation
Act 1914; and
15 (iv) the Water Agencies (Powers) Act 1984.
".
27. Section 62 amended
(1) Section 62(1) is amended as follows:
(a) by deleting "a controlling body" and inserting instead --
20 " the Conservation Commission ";
(b) by deleting "the whole or any part of land that is vested
in that controlling body" and inserting instead --
" any land that is vested in the Conservation Commission ";
(c) before "may in like manner" by inserting --
25 " , subject to section 62A, ".
(2) After section 62(1)(d) the following paragraph is inserted --
"
(da) a forest conservation area;
".
page 31
Conservation and Land Management Amendment Bill 1999
s. 27
(3) Section 62(1)(f) is amended by deleting "relevant controlling
body" and inserting instead --
" Conservation Commission ".
(4) After section 62(1) the following subsection is inserted --
5 "
(1aa) Subject to this section, the Minister may, on the
recommendation of the Minister for Forest Products,
by notice published in the Gazette, classify any land in
State forest or a timber reserve as a forest products
10 temporary control area and may in like manner amend
or cancel a notice previously so published.
".
(5) Section 62(1a) is amended by deleting "the whole or any part
of" and inserting instead --
15 " any ".
(6) Section 62(1b) is amended by deleting "the whole or any part of
the" and inserting instead --
" any ".
(7) After section 62(1b) the following subsections are inserted --
20 "
(1ba) Before making a notice under subsection (1aa), the
Minister shall, unless satisfied that the urgency of the
case requires this subsection to be dispensed with, give
the Conservation Commission an opportunity to make
25 a submission on the matter, and shall take that
submission into account.
(1bb) For the purposes of section 19(9), a decision under
subsection (1ba) that the urgency of the case requires
the provision of advice by the Conservation
30 Commission to be dispensed with shall be treated as a
page 32
Conservation and Land Management Amendment Bill 1999
s. 28
decision to act otherwise than in accordance with a
recommendation.
".
(8) Section 62(1e) is amended after "notice under subsection" by
5 inserting --
" (1aa), ".
(9) After section 62(2) the following subsection is inserted --
"
(2a) A classification of land as a forest products temporary
10 control area under subsection (1aa) shall only be made
for the purposes of public safety or the safety of
persons engaged in the harvesting or stockpiling of
forest products, or in the construction or maintenance
of roads, under the Forest Products Act 1999, and a
15 notice of classification --
(a) shall not have effect for a period exceeding
90 days; but
(b) may be made more than once for the same
purpose and for the same area.
20 ".
(10) Section 62(4) is repealed.
28. Section 62A inserted
After section 62 the following section is inserted in Part V --
"
25 62A. Amendment and cancellation of forest conservation
area classification
(1) If the Minister proposes to publish a notice (a
"proposed notice") under section 62(1)(da) to amend
or cancel a notice that classifies land as a forest
30 conservation area, the Minister is to cause the proposed
notice to be laid before each House of Parliament.
page 33
Conservation and Land Management Amendment Bill 1999
s. 29
(2) Section 42(2), (3) and (5) of the Interpretation
Act 1984 apply to a proposed notice laid before each
House of Parliament under subsection (1) as if the
proposed notice was a regulation, and the notice can
5 only be published under section 62(1)(da) if --
(a) it has not ceased to have effect; and
(b) there is no longer any possibility of it ceasing to
have effect,
under section 42(2) of that Act as applied by this
10 subsection.
".
29. Section 64 amended
Section 64(1) is amended as follows:
(a) in paragraph (g) after "section 35 for the" by
15 inserting --
" provision of advice, ";
(b) after paragraph (g) by deleting "and" and inserting the
following --
"
20 (ga) subject to any direction of the Treasurer,
moneys received by the Department or the
Executive Director, as the case requires, by way
of --
(i) payments under section 41(2)(d) of the
25 Forest Products Act 1999; and
(ii) recovery of the costs referred to in
section 54(1)(c) and (d) of that Act;
and
".
page 34
Conservation and Land Management Amendment Bill 1999
s. 30
30. Section 87 amended
Section 87(1) is amended as follows:
(a) after the definition of "Crown land" by inserting the
following definition --
5 "
"forest produce" does not include --
(a) trees, parts of trees, timber, sawdust, chips,
charcoal, gum, kino, resin or sap; or
(b) firewood to which regulations made under
10 section 128(1)(d)(ix) apply;
";
(b) by deleting the definition of "permit";
(c) in the definition of "licence" --
(i) after "means" by inserting --
15 " , except in section 97A, "; and
(ii) by deleting the full stop at the end of the
definition and inserting a semicolon instead;
(d) by inserting after the definition of "licence" the
following definition --
20 "
"permit" means, except in section 97A, a permit
described in section 89.
".
31. Section 87A inserted
25 After section 87 the following section is inserted --
"
87A. Restriction on exercise of powers
(1) Subject to subsection (2), the powers conferred on the
Executive Director by this Division are exercisable
30 only --
page 35
Conservation and Land Management Amendment Bill 1999
s. 31
(a) with the approval of the Minister;
(b) in the case of land vested in the Conservation
Commission, after consultation with the
Conservation Commission;
5 (c) in the case of land classified under Division 2
of Part V as a forest conservation area,
consistently with any management plan for the
land concerned;
(d) in the case of land in a public water catchment
10 area, consistently with the provisions of the
Country Areas Water Supply Act 1947 and the
Metropolitan Water Supply, Sewerage, and
Drainage Act 1909 relating to the protection of
water quality; and
15 (e) in conformity with section 33(3).
(2) In the case of land other than land classified under
Division 2 of Part V as a forest conservation area,
subsection (1)(a) and (b) do not apply to the grant or
renewal of a permit, licence or lease, or the entering
20 into or renewal of a contract, under this Division where
the appropriate approval has been given under
paragraph (a) and, if applicable, the appropriate
consultation has taken place under paragraph (b) for --
(a) the grant under this Division of certain kinds of
25 permits, licences or leases or certain numbers
of permits, licences or leases;
(b) the entering into under this Division of certain
kinds of contracts or certain numbers of
contracts;
30 (c) the renewal, transfer, cancellation or suspension
of, or the imposition or variation of terms or
conditions attached to, a permit or licence
granted, or a contract entered into, under this
Division; or
page 36
Conservation and Land Management Amendment Bill 1999
s. 32
(d) the renewal of a lease granted under this
Division,
and the permit, licence or lease granted or renewed, or
the contract entered into or renewed, is covered by the
5 terms of that approval and, if applicable, that
consultation.
".
32. Section 92 amended
(1) Section 92(1), (2), (3) and (4) are amended by deleting
10 "royalties" and inserting instead --
" forest produce charges ".
(2) Section 92(5) is repealed.
33. Section 95 amended
Section 95(1) and (2) are amended by deleting "royalties," and
15 inserting instead --
" forest produce charges or other ".
34. Section 96 amended
(1) Section 96(1), (2) and (3) are repealed.
(2) Section 96(4) is amended by deleting "this section and to".
20 (3) Section 96(5) is amended by deleting "this section" and
inserting instead --
" subsection (4) ".
35. Section 97 replaced by sections 97 and 97A
Section 97 is repealed and the following sections are inserted
25 instead --
page 37
Conservation and Land Management Amendment Bill 1999
s. 35
"
97. Forest leases
(1) The Executive Director may grant a lease of land
within State forest or a timber reserve for a term not
5 exceeding 21 years on such terms and conditions as the
Executive Director thinks fit.
(2) A lease granted under subsection (1) may include an
option or options to renew that lease for a further term
or terms not exceeding, in the aggregate, 21 years.
10 (3) A lease granted under this section shall be laid before
each House of Parliament within 14 sitting days of its
execution by all parties to the grant or renewal.
(4) No compensation shall be payable to a lessee under a
forest lease, on the expiration of the lease, for any
15 improvements to the land comprised in the lease; but
the lessee shall be entitled, at any time before the
expiration of the lease, to remove any buildings or
fences erected by the lessee or to dispose of them to an
incoming tenant.
20 97A. Licences for use of land
(1) The Executive Director may grant a licence in writing
to any person to enter and use any land to which this
Division applies.
(2) The Minister, after consultation with the Conservation
25 Commission and on the recommendation of the
Executive Director, may, by notice published in the
Gazette, declare that a permit is required for the
carrying on of any activity specified in the notice on
land to which this Division applies.
30 (3) The Executive Director may grant to a person a permit
of the kind required by a declaration made under
subsection (2).
page 38
Conservation and Land Management Amendment Bill 1999
s. 35
(4) A person shall not, on any land to which this Division
applies, carry on any activity for which a permit is
required by a declaration made under subsection (2)
unless the person is --
5 (a) the holder of a permit of the kind required by
the declaration; or
(b) authorized to carry on that activity on the land
under this Act or another written law.
Penalty: $4 000.
10 (5) Subsections (2) to (4) do not affect the operation of
section 128 or 129 or regulations made under either
section.
(6) If a permit is granted under this section that authorizes
the removal of water from land to which this Division
15 applies --
(a) the granting of the permit does not limit the
operation of the Rights in Water and Irrigation
Act 1914;
(b) the permit can apply only to land for which
20 there is a management plan in force that
provides for water to be taken from the land;
and
(c) the permit cannot authorize an activity to be
carried on for the purposes of the removal of
25 water from land unless the activity is consistent
with that management plan.
(7) The Executive Director may renew the period of
operation of a licence or permit under this section from
time to time, or transfer the authority it confers from
30 one person to another, or, where its operation relates to
any place, may transfer that operation to another place
of the same kind.
page 39
Conservation and Land Management Amendment Bill 1999
s. 36
(8) A licence or permit under this section may be granted,
renewed or transferred subject to such conditions as the
Executive Director thinks fit, and those conditions --
(a) are to be endorsed on or attached to the licence
5 or permit when granted, renewed or transferred,
as the case may be; and
(b) may be added to, cancelled, suspended and
otherwise varied by the Executive Director
from time to time during the operation of the
10 licence or permit.
(9) The holder of a licence or permit under this section
shall not contravene or fail to comply with any
condition endorsed on or attached to the licence or
permit.
15 Penalty: $4 000.
(10) Where the holder of a licence or permit under this
section contravenes or fails to comply with any
condition endorsed on or attached to the licence or
permit, the Executive Director may, by notice in
20 writing to the holder, cancel the licence or permit or
suspend it for such period as the Executive Director
thinks fit.
".
36. Section 99 amended
25 (1) Section 99(1) is amended by deleting "The" and inserting
instead --
" Subject to subsection (2), the ".
(2) Section 99(1)(a) is deleted and the following paragraphs are
inserted instead --
30 "
(a) with the approval of the Minister;
page 40
Conservation and Land Management Amendment Bill 1999
s. 36
(aa) in the case of land vested in the Conservation
Commission, after consultation with the
Conservation Commission and, where
applicable, an associated body;
5 (ab) in the case of land vested in the Marine
Authority, after consultation with the Marine
Authority;
".
(3) Section 99(1)(aa) (as enacted before the commencement of this
10 section) is amended by deleting the paragraph designation
"(aa)" and inserting the paragraph designation "(ac)" instead.
(4) Section 99(1) is amended by deleting paragraph (b) and "and"
after that paragraph and inserting instead --
"
15 (b) in the case of land for the management of
which an agreement is entered into under
section 16, consistently with the agreement;
(ba) in the case of land in a public water catchment
area, consistently with the provisions of the
20 Country Areas Water Supply Act 1947 and the
Metropolitan Water Supply, Sewerage, and
Drainage Act 1909 relating to the protection of
water quality; and
".
25 (5) Section 99(2) is amended as follows:
(a) by deleting "Subsection (1)(a) does" and inserting
instead --
" Subsection (1)(a), (aa) and (ab) do ";
(b) by deleting "approvals have been given under that
30 paragraph" and inserting instead --
page 41
Conservation and Land Management Amendment Bill 1999
s. 37
"
approval has been given under paragraph (a) and, if
applicable, the appropriate consultation has taken place
under paragraph (aa) or (ab)
5 ";
(c) in paragraph (c), by deleting "for";
(d) by deleting "those approvals." and inserting instead --
"
that approval and, if applicable, that consultation.
10 ".
37. Section 101 amended
(1) Section 101(1a) is amended by deleting "on the
recommendation of the Authority, the Commission or the
Executive Director, as the case requires," and inserting
15 instead --
"
after consultation with the Conservation Commission
or the Marine Authority, as the case requires, and on
the recommendation of the Executive Director,
20 ".
(2) After section 101(1d) the following subsection is inserted --
"
(1e) If a permit is granted under this section that authorizes
the removal of water from land --
25 (a) the granting of the permit does not limit the
operation of the Rights in Water and Irrigation
Act 1914;
(b) the permit can apply only to land vested in the
Conservation Commission for which there is a
30 management plan in force that provides for
water to be taken from the land; and
(c) the permit cannot authorize an activity to be
carried on for the purposes of the removal of
page 42
Conservation and Land Management Amendment Bill 1999
s. 38
water from land unless the activity is consistent
with the management plan.
".
38. Section 103 amended
5 After section 103(2) the following subsections are inserted --
"
(2a) A person has lawful authority for the purposes of
subsection (1) in relation to land that is classified under
Division 2 of Part V as a forest conservation area only
10 if the person fells, cuts, injures, destroys, obtains, or
removes any forest produce in, on, or from that land in
accordance with --
(a) a written authorization given by the Executive
Director; or
15 (b) a Part VIII Division 1 authorization.
(2b) The power of the Executive Director to give an
authorization under subsection (2a)(a) is exercisable
only --
(a) consistently with any management plan for the
20 land concerned;
(b) with the approval of the Minister;
(c) in the case of land for the management of
which an agreement is entered into under
section 16, consistently with the agreement; and
25 (d) in conformity with section 33(3).
(2c) In subsection (2a)(b) --
"Part VIII Division 1 authorization" means --
(a) a contract entered into under
section 88(1)(b);
30 (b) a permit described in section 89;
(c) a licence described in section 90; or
page 43
Conservation and Land Management Amendment Bill 1999
s. 39
(d) a licence or permit granted under
section 97A.
".
39. Section 107 amended
5 Section 107 is amended as follows:
(a) in paragraph (f) by deleting "royalty assessment" and
inserting instead --
" assessment of forest produce charges ";
(b) in paragraph (i) by deleting "royalty" and inserting
10 instead --
" forest produce charge ";
(c) in paragraph (j) by deleting "royalties, fees, or charges"
and inserting instead --
" forest produce charges or other charges or fees ".
15 40. Section 117 amended
Section 117 is amended as follows:
(a) by deleting "royalty dues or" and inserting instead --
" forest produce charges or other ";
(b) by deleting "dues and".
20 41. Section 118 amended
After section 118(1) the following subsection is inserted --
"
(1a) The power to seize forest produce under subsection (1)
does not apply to things that are forest products that
25 may be seized under section 60 of the Forest Products
Act 1999.
".
page 44
Conservation and Land Management Amendment Bill 1999
s. 42
42. Section 119 amended
Section 119 is amended by deleting "royalty, dues, or charges,"
and inserting instead --
" forest produce charges or other charges or dues ".
5 43. Section 127 amended
Section 127(c) is amended as follows:
(a) by deleting "subject to section 96,";
(b) by deleting "charges, and royalties," and inserting
instead --
10 " forest produce charges and other charges, ".
44. Section 128 amended
Section 128(1)(d)(iii) is amended by deleting "royalties" and
inserting instead --
" forest produce charges ".
15 45. Section 130A inserted
After section 130 the following section is inserted in Part X --
"
130A. Regulations as to rights of holders of mining
tenements to take forest produce
20 (1) The regulations may provide for --
(a) the rights of the holder of a mining tenement to
take forest produce from the land comprising
the tenement; or
(b) in the case of mining tenements within the
25 boundaries of State forest or timber reserves,
the forest produce charges to be paid for forest
produce taken under regulations made under
page 45
Conservation and Land Management Amendment Bill 1999
s. 46
paragraph (a) and the application and
expenditure of such charges.
(2) In subsection (1) --
"mining tenement" has the same meaning as it has in
5 the Mining Act 1978.
".
46. Section 131A inserted
After section 131 the following section is inserted --
"
10 131A. Tabling of Ministerial directions
(1) The Minister must cause the text of any direction under
section 24(1) or 26C(1) to be laid before each House of
Parliament, or dealt with under subsection (2), within
14 days after the direction is given.
15 (2) If --
(a) at the commencement of the period referred to
in subsection (1) a House of Parliament is not
sitting; and
(b) the Minister is of the opinion that that House
20 will not sit during that period,
the Minister is to transmit a copy of the direction to the
Clerk of that House.
(3) A copy of a direction transmitted to the Clerk of a
House is to be regarded --
25 (a) as having been laid before that House; and
(b) as being a document published by order or
under the authority of that House.
(4) The laying of a copy of a direction that is regarded as
having occurred under subsection (3)(a) is to be
30 recorded in the Minutes, or Votes and Proceedings, of
page 46
Conservation and Land Management Amendment Bill 1999
s. 47
the House on the first sitting day of the House after the
Clerk received the copy.
".
47. Section 132 amended
5 Section 132 is amended by deleting "Commission, Authority or
Council," and inserting instead --
"
Conservation Commission, Marine Authority or Marine
Committee,
10 ".
48. Schedule amended
(1) The amendments in this section are to the Schedule.
(2) The heading is amended by deleting "Commission, the
Authority, the Council," and inserting instead --
15 " Conservation Commission, ".
(3) Clause 1(1) is amended by deleting "an appointed" and inserting
instead --
" a ".
(4) Clause 1(2) is amended by deleting "An appointed" and
20 inserting instead --
" A ".
(5) Clause 2 is amended as follows:
(a) by deleting "an appointed" and inserting instead --
" a ";
25 (b) after paragraph (b) by inserting --
" or ";
(c) after paragraph (c) by deleting "; or" and inserting a full
stop instead;
page 47
Conservation and Land Management Amendment Bill 1999
s. 48
(d) by deleting paragraph (d).
(6) Clause 3(1) is amended by deleting "or (3)".
(7) Clause 3(2) is amended by deleting "an appointed" and inserting
instead --
5 " a ".
(8) Clause 3(3) is repealed.
(9) Clause 4(2) is amended as follows:
(a) after paragraph (a) by inserting --
" or ";
10 (b) by deleting paragraphs (b) and (c) and "or" after
paragraph (b) and inserting the following paragraph
instead --
"
(b) any 4 members.
15 ".
(10) Clause 4(3) is amended by deleting ", in the case of the
Authority, the Council or the Marine Authority,".
(11) Clause 4(4)(a) is amended by deleting "(at least one of whom
shall be an ex officio member, in the case of a body with ex
20 officio members)".
(12) Clause 5A(1) is amended by deleting the subclause designation
"(1)" and inserting instead the subclause designation "(1a)".
(13) Clause 5A is amended before the first subclause by inserting the
following subclause --
25 "
(1) The Conservation Commission may from time to time, by
resolution, appoint temporary advisory committees of such
persons as it thinks fit to advise it on matters relevant to its
functions.
30 ".
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Conservation and Land Management Amendment Bill 1999
s. 49
(14) Clause 5A(2) is amended by deleting "such a committee" and
inserting instead --
" a committee under subclause (1) or (1a) ".
(15) Clause 5A(3) is amended by deleting "Marine Authority," and
5 inserting instead --
"
Conservation Commission or Marine Authority, as the case
requires,
".
10 49. Various references to "Authority" amended
The provisions mentioned in the Table to this section are
amended by deleting "Authority" in each place where it occurs
(or as otherwise indicated in the Table) and inserting instead --
" Conservation Commission ".
15 Table
section 6(3)(a) section 7(2a)
section 6(3)(b) section 7(4) (in second and
section 6(3)(c) third places only)
section 6(5)(a) section 59(3)
section 6(5)(b) section 64(1)(d)
section 6(5)(c) section 99A(1)
section 7(2)
50. References to the department amended
(1) The provisions mentioned in the Table to this subsection are
amended by deleting "and Land Management" in each place
where it occurs.
20 Table
section 3 (definition of section 32
"Department") section 38(2)
Part IV heading section 75
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Conservation and Land Management Amendment Bill 1999
s. 51
(2) The enactments mentioned in the Table to this subsection are
amended by deleting "and Land Management" in each place
where it occurs (or as otherwise indicated in the Table).
Table
Agriculture and Related Resources Protection Act 1976:
section 94(1)(b)(iv) (in first place only)
Bush Fires Act 1954: sections 28(4)(a) and (b); 34(2)(a) and
(b); 37(2)(a) and (b); 58(3); 66(1)(b)(iii)
Government Employees Superannuation Act 1987:
Schedule 1
Wildlife Conservation Act 1950: section 6(1) (in first place
only)
5 51. Transitional provisions
Schedule 1 has effect.
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Conservation and Land Management Amendment Bill 1999
Transitional provisions Schedule 1
Schedule 1 -- Transitional provisions
[s. 51]
1. Definitions
In this Schedule --
5 "Authority" has the meaning given in section 3 of the CALM Act, as
enacted immediately before the commencement of this Act;
"CALM Act" means the Conservation and Land Management
Act 1984;
"Commission" has the meaning given in section 3 of the CALM Act,
10 as enacted immediately before the commencement of this Act;
"Conservation Commission" means the Conservation Commission
of Western Australia established by section 18 of the CALM
Act, as amended by this Act;
"Council" has the meaning given in section 3 of the CALM Act, as
15 enacted immediately before the commencement of this Act;
"Executive Director" has the meaning given in section 3 of the
CALM Act;
"forest produce" has the meaning given in section 3 of the CALM
Act;
20 "forest products" has the same meaning as it has in the Forest
Products Act;
"Forest Products Act" means the Forest Products Act 1999;
"Forest Products Commission" means the Forest Products
Commission established by the Forest Products Act;
25 "harvesting" has the same meaning as it has in the Forest Products
Act;
"Minister" means the Minister responsible for the administration of
the CALM Act.
2. Certain contracts under CALM Act for sale of forest products
30 have effect as if entered into by Forest Products Commission
(1) A contract for the sale of forest produce entered into under
section 88(1)(b)(i) of the CALM Act that is in effect immediately
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Conservation and Land Management Amendment Bill 1999
Schedule 1 Transitional provisions
before the commencement of this Act has effect as if it had been
entered into by the Forest Products Commission instead of the
Executive Director.
(2) Subclause (1) applies only to the extent that the contract relates to the
5 sale of forest products and to matters associated with that sale.
(3) The terms and conditions of a contract referred to in subclause (1),
including the provisions of Part VIII Division 1 of the CALM Act,
continue to have effect, but the Commission may negotiate variations
to the contract to ensure that the provisions of the contract are
10 consistent with the relevant management plan and amendments to the
CALM Act that come into operation on the commencement of this
Act.
(4) A contract referred to in subclause (1) has no effect after the relevant
management plan has expired.
15 (5) The CALM Act, as enacted immediately before the commencement of
this Act, continues to have effect on and after that commencement for
the purposes of a contract referred to in subclause (1), except that the
references in sections 91(2), 92(5)(b), 93, 94(1) and 95(2)(b) of that
Act to the Executive Director are taken to be references to the Forest
20 Products Commission.
(6) Subclause (5) ceases to apply to a contract referred to in subclause (1)
if the contract is varied under subclause (3).
3. Certain contracts under CALM Act for harvesting of forest
products have effect as if entered into by the Forest Products
25 Commission
(1) A contract entered into under section 88(1)(b)(ii) or section 88(1a)
of the CALM Act that is in effect immediately before the
commencement of this Act has effect as if it had been entered into by
the Forest Products Commission instead of the Executive Director.
30 (2) Subclause (1) applies only to the extent that the contract relates to the
harvesting of forest products and to matters associated with that
harvesting.
(3) The terms and conditions of a contract referred to in subclause (1),
including the provisions of Part VIII Division 1 of the CALM Act,
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Conservation and Land Management Amendment Bill 1999
Transitional provisions Schedule 1
continue to have effect but the Commission may negotiate variations
to the contract to ensure that the provisions of the contract are
consistent with the relevant management plan and amendments to the
CALM Act that come into operation on the commencement of this
5 Act.
4. Transfer of rights and obligations under certain timber
sharefarming agreements under CALM Act
A timber sharefarming agreement referred to in section 34B of the
CALM Act that is in effect immediately before the commencement of
10 this Act has effect as if --
(a) any rights held by the Executive Director under the
agreement to harvest a crop of trees (otherwise than as an
agent for another person) were held by the Executive Director
as an agent for the Forest Products Commission; and
15 (b) any rights, obligations or powers held by, or imposed or
conferred on, the Executive Director under that agreement as
to the division of a crop of trees or the proceeds of a crop of
trees were rights, obligations or powers held by, or imposed
or conferred on, the Forest Products Commission.
20 5. Transfer of rights and obligations under other agreements
(1) Subject to clauses 2, 3 and 4, an agreement that is in effect
immediately before the commencement of this Act that provides for
any rights, obligations or powers to be held by, or to be imposed or
conferred on, the Executive Director (otherwise than as an agent for
25 another person) under the agreement as to the harvesting, sale or
supply of timber or other forest produce has effect as if the rights,
obligations or powers were held by, or imposed or conferred on, the
Forest Products Commission.
(2) Subclause (1) applies only to the extent that the agreement relates to
30 the harvesting, sale or supply of forest products and to matters
associated with that harvesting, sale or supply.
6. Transfer of positions
(1) The Minister, by order published in the Gazette within 4 weeks of the
commencement of this Act, is to determine the positions, the
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Conservation and Land Management Amendment Bill 1999
Schedule 1 Transitional provisions
functions or duties of which related, immediately before the
commencement of this Act, to performing duties relating exclusively
or primarily to --
(a) the negotiation, preparation, administration and enforcement
5 of contracts for the sale of things that are forest products;
(b) the negotiation, preparation, administration and enforcement
of contracts under section 88(1a) of the CALM Act in
relation to things that are forest products; or
(c) arrangements for the harvesting and sale of things produced
10 under timber sharefarming agreements referred to in
section 34B of the CALM Act that are forest products.
(2) On the publication of an order under subclause (1) a position referred
to in the order is transferred to the Forest Products Commission.
(3) A person holding a position when it is transferred to the Forest
15 Products Commission is to be regarded as having been engaged under
section 38 of the Forest Products Act.
(4) Except as otherwise agreed by a person referred to in subclause (3),
the remuneration, existing or accrued rights (including the right to be
employed for an indefinite period in the Public Service), rights under
20 a superannuation scheme or terms, conditions or continuity of service
of the person are not affected, prejudiced or interrupted by the
operation of subclauses (2) and (3).
(5) If a person referred to in subclause (3) was a contributor as defined in
the Superannuation and Family Benefits Act 1938 immediately before
25 becoming a Commission employee, the person may continue to be a
contributor under that Act after becoming a Commission employee.
(6) For the purposes of subclause (5), the Forest Products Commission --
(a) is a department as defined by the Superannuation and Family
Benefits Act 1938; and
30 (b) is to pay to the Board under that Act payments of the kind
described in paragraph (i) of the proviso to the definition of
"department" in section 6 of that Act.
(7) If a transferred employee ceases to be a Commission employee, he or
she is entitled to employment as a public service officer in the
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Conservation and Land Management Amendment Bill 1999
Transitional provisions Schedule 1
Department at the same level of classification as he or she held
immediately before becoming a Commission employee.
(8) A person does not have an entitlement under subclause (7) if his or
her employment as a Commission employee was terminated, or he or
5 she was dismissed, for substandard performance, breach of discipline
or misconduct.
(9) Subclause (7) does not prevent the subsequent operation of Part 6 of
the Public Sector Management Act 1994 in relation to a person who is
employed in the Department under an entitlement under subclause (7).
10 (10) When a person ceases to be a Commission employee and becomes a
public service officer under an entitlement under subclause (7), his or
her service as a Commission employee is to be regarded as service in
the Public Service for the purposes of determining his or her rights as
a public service officer and for the purposes of the Superannuation
15 and Family Benefits Act 1938.
(11) If no suitable vacancy is available to meet a person's entitlement
under subclause (7), circumstances attracting the operation of Part 6
of the Public Sector Management Act 1994 are to be regarded as
having arisen in relation to the person.
20 (12) In this clause --
"Commission employee" means a member of the staff of the Forest
Products Commission;
"transferred employee" means a person referred to in subclause (3)
who, immediately before becoming a Commission employee,
25 was employed for an indefinite period in the Public Service.
7. Reserves and other land vested in the Commission or Authority
(1) The care, control and management of a reserve that, immediately
before the commencement of this Act, are placed under the Land
Administration Act 1997 with the Commission or the Authority ("the
30 original placement") are, on that commencement and by this
subclause, placed under that Act with the Conservation Commission
subject to any interests or conditions that applied to the original
placement.
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Conservation and Land Management Amendment Bill 1999
Schedule 1 Transitional provisions
(2) The care, control and management of a reserve vested under a written
law (other than the CALM Act) in the Commission or the Authority
immediately before the commencement of this Act ("the original
vesting") are, on that commencement and by this subclause, placed
5 under the Land Administration Act 1997 with the Conservation
Commission subject to any interests or conditions that applied to the
original vesting.
(3) Land that is vested in the Commission under section 7 of the CALM
Act immediately before the commencement of this Act ("the original
10 vesting") is, on that commencement, vested under that section in the
Conservation Commission subject to any interests or conditions that
applied to the original vesting.
(4) Land that is vested in the Authority, either solely or jointly with
another body or other bodies, under section 7 of the CALM Act
15 immediately before the commencement of this Act ("the original
vesting") is, on that commencement, vested under that section in the
Conservation Commission, either solely or jointly with another body
or other bodies, subject to any interests or conditions that applied to
the original vesting.
20 8. Management plans
A management plan prepared by the Commission or the Authority
under Part V of the CALM Act that is in effect immediately before
the commencement of this Act has effect as if it had been prepared by
the Conservation Commission under that Part as amended by this Act.
25 9. Members of Commission, Authority and Council
A person who holds office as a member of the Commission, the
Authority or the Council immediately before the commencement of
this Act ceases to hold that office on that commencement but, subject
to the CALM Act as amended by this Act, is eligible to be appointed
30 as a member of the Conservation Commission.
10. References to the department to be read as references under its
new name
If in a written law or other document there is a reference that is, or is
to be regarded as, a reference to the Department of Conservation and
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Conservation and Land Management Amendment Bill 1999
Transitional provisions Schedule 1
Land Management, that reference may, where the context so requires,
be read as if it had been amended to be a reference to the Department
of Conservation.
11. Certain regulations under CALM Act taken to have been made
5 under Forest Products Act
(1) Regulations made under the CALM Act to which this subclause
applies that are in effect immediately before the commencement of
this Act have effect as if they had been made under section 65 of the
Forest Products Act.
10 (2) Subject to subclause (3), subclause (1) applies to regulations that
relate to --
(a) the registration of timber workers;
(b) identification codes for persons who fell trees in State forests
or timber reserves;
15 (c) log delivery notes;
(d) the receiving by sawmills of log timber felled in State forests
or timber reserves;
(e) the determination of the quantity of log timber felled in State
forests or timber reserves;
20 (f) records made of log timber felled in State forests or timber
reserves and received at sawmills;
(g) the sale by public auction or tender of forest produce;
(h) the powers of forest officers in relation to forest produce;
(i) the provision of statistical information relating to forest
25 produce taken from State forests or timber reserves;
(j) the minimizing of damage to, and destruction of, forest
produce in State forests or timber reserves caused by the
holders of licences, permits or contracts;
(k) the unauthorized destruction, cutting, injuring or removing of
30 or interfering with seized forest produce;
(l) the exporting of karri timber;
(m) the making of false or misleading statements or
representations, or the production of forged or counterfeit
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Conservation and Land Management Amendment Bill 1999
Schedule 1 Transitional provisions
documents, for the purpose of procuring the registration of a
person or an identification code;
(n) the form and amendment of registers and the obtaining of
copies of extracts from registers;
5 (o) the provision of information relating to, and copies of,
permits, licences or contracts;
(p) fees; and
(q) appeals relating to the registration of a person or an
identification code.
10 (3) If subclause (1) applies to a regulation that relates to forest produce,
that subclause only has effect to the extent that the regulation relates
to forest products.
(4) Regulations may be made under Part X of the CALM Act to amend,
repeal or repeal and replace regulations to which subclause (1)
15 applies.
12. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
Schedule and is empowered to record and register in the appropriate
manner any necessary documents, and otherwise to give effect to this
20 Schedule.
13. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, the Governor may make regulations prescribing all
matters that are required, or are necessary or convenient, for dealing
25 with that transitional matter.
(2) Regulations made under subclause (1) may have effect before the day
on which they are published in the Gazette.
(3) To the extent that a regulation made under subclause (1) may have
effect before the day of its publication in the Gazette, it does not --
30 (a) affect in a manner prejudicial to any person (other than the
State, the Executive Director, the Forest Products
Commission or the Conservation Commission), the rights of
that person existing before the day of its publication; or
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Conservation and Land Management Amendment Bill 1999
Transitional provisions Schedule 1
(b) impose liabilities on any person (other than the State, the
Executive Director, the Forest Products Commission or the
Conservation Commission) in respect of anything done or
omitted to be done before the day of its publication.
5 (4) In subclause (1) --
"transitional matter" means a matter that needs to be dealt with for
the purpose of effecting the transition from the CALM Act, as
enacted immediately before the commencement of this Act, to --
(a) the CALM Act as amended by this Act; or
10 (b) the Forest Products Act.
14. Saving
The operation of any provision of this Schedule is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a civil
15 wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
property, rights or liabilities or the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as
20 causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any property, right or liability;
(d) as causing any contract or other instrument to be void or
otherwise unenforceable; or
25 (e) as releasing or allowing the release of any surety.
page 59
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