Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Wildlife Conservation (Fauna Protection)
Amendment Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. Application to Crown 2
4. Principal Act 2
5. Interpretation 2
6. New section 15B inserted 3
163--1 page i
Western Australia
LEGISLATIVE COUNCIL
(Hon. Christine Sharp)
Wildlife Conservation (Fauna Protection)
Amendment Bill 2002
A Bill for
An Act to provide for the conservation and protection of fauna in
cases where habitats are likely to suffer damage, or fauna will be
subjected to interference or damage by intrusive activity, by
amending the Wildlife Conservation Act 1950 and including
production contracts formed under the Forest Products Act 2000.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Wildlife Conservation (Fauna
Protection) Amendment Act 2002.
page 1
Wildlife Conservation (Fauna Protection) Amendment Bill 2002
s. 2
2. Commencement
This Act comes into operation on 1 January 2003.
3. Application to Crown
This Act applies to --
5 (a) any agent or instrumentality of the Crown if work or
activity subject to section 15B of the principal Act (as
inserted by section 6) is to be undertaken by it or on its
behalf;
(b) the Forest Products Commission, despite section 10(6)
10 of the Forest Products Act 2000, if what is to be done
under a production contract includes work or activity
made subject to section 15B of the principal Act
(inserted by section 6).
4. Principal Act
15 In this Act the Wildlife Conservation Act 1950 is referred to as
the principal Act.
5. Interpretation
(1) In this Act, unless inconsistent with the context --
(a) words and expressions used in this Act have the same
20 meanings that they have in the principal Act;
(b) "declared fauna" is fauna to which a notice issued
under section 14(2)(ba) of the principal Act applies and
is in operation;
(c) "management plan" includes a relevant management
25 plan referred to in section 10(6) of the Forest Products
Act 2000.
(2) A relevant management plan as defined in section 55 of the
Forest Products Act 2000 is to make provision for the matters
prescribed for a management plan under section 15B(2) of the
30 principal Act.
page 2
Wildlife Conservation (Fauna Protection) Amendment Bill 2002
s. 6
6. New section 15B inserted
The principal Act is amended by adding after section 15A the
following section --
"
5 15B. Conditions for certain section 15 licences
(1) This section applies to work or activity that, by reason
of its nature or extent, will require a licence to take
issued under section 15.
(2) An application for a licence subject to this section must
10 be accompanied by a management plan in the
prescribed form if, as a result of a survey of the land
where the work or activity will be performed, declared
fauna is found on that land.
(3) For the purposes of section 15(5), the Minister must be
15 satisfied that the management plan provides adequate
monitoring and reporting of any adverse effects the
work or activity may have on declared fauna and the
sufficiency of the remedial action that is proposed in
response.
20 (4) The Minister, in considering whether or not to grant a
licence, or the conditions attaching to a grant, may
require a licence application and the management plan
to be advertised inviting submissions on the proposal,
and the Minister is to have regard to those submissions
25 in making a decision.
(5) The survey required by subsection (2) is to be
performed by a person or body approved by the
Minister or selected from a published list of such
persons or bodies.
30 ".
page 3
[Index] [Search] [Download] [Related Items] [Help]