Western Australian Consolidated Acts

AGRICULTURE AND RELATED RESOURCES PROTECTION ACT 1976

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Object of Act  
   4.      Construction  
   6.      Repeal  
   7.      Definitions and interpretation  

   PART II -- Administration  

   8.      Administration of this Act  
   9.      Chief Officer, Deputy Chief Officers and inspectors  
   10.     Delegation of powers and functions to Chief Officer  
   11.     Authorised persons  
   12.     Expenses of administration  

   PART III -- Zones and regions  

           Division 1 -- Declaration of zones and regions  

   13.     Constitution of zones and division into regions  

           Division 2 -- Zone control authorities  

   14.     Authorities to be established  
   15.     Appointment of chairman, deputy chairman, members and deputies  
   16.     Terms of office  
   18.     Remuneration of members  
   19.     Validity of acts of authority  
   20.     Meetings of authority  
   21.     Procedure at meetings  
   22.     Record of proceedings  
   23.     Suspension or dissolution of authority  
   24.     Commissioner may act in lieu of authority  
   25.     Re-instatement or re-establishment of authority  
   26.     Powers etc. of authorities  
   27.     Delegation of powers, etc.  

           Division 3 -- Regional advisory committees  

   28.     Committees to be established  
   29.     Appointment of members  
   30.     Chairman, liaison officer, executive officer and other staff  
   31.     Elective chairman  
   31A.    Allowances for members of certain committees  
   32.     Application of provisions relating to authorities  
   32A.    Certain appointments valid  
   33.     Effect of abolition of region  
   34.     Powers etc. of committee  

           Division 4 -- General  

   34A.    Nomination of persons other than eligible persons  

   PART IV -- Declaration of plants and animals  

   35.     Classes of plants and animals may be declared  
   36.     Categories of declared plants and animals  
   37.     Annual list of declared animals and plants  

   PART V -- Control of declared plants and declared animals  

           Division 1 -- Interpretation  

   38.     Interpretation and application  

           Division 2 -- Public land  

   39.     Department to control declared plants and animals  
   40.     Inspection and advice  
   41.     Agreements  

           Division 3 -- Local government land  

   42.     Local government to control declared plants and animals  
   43.     Notice to comply may be served on local government  
   44.     Failure to comply with direction  
   45.     Powers of inspectors, etc. on failure to comply with direction  
   46.     Agreements  

           Division 4 -- Private land  

   47.     Application to certain roads  
   48.     Notice of declared plants and animals, etc. to be given by occupier  
   49.     Occupiers of private land to control declared plants and animals  
   50.     Notice to owner and occupier to control declared plants and animals  
   51.     Failure to comply with direction  
   52.     Protection Board may carry out work and recover cost  
   53.     Powers of owner and occupier to control declared plants and animals  
   54.     Apportionment of expense between persons interested in land  
   55.     Agreements  
   56.     Protection Board may delegate powers to local governments  

           Division 5 -- Operational work by Protection Board  

   57.     Interpretation  
   58.     Protection Board may carry out operational work  
   59.     Saving provisions  

           Division 6 -- Rating and finance  

   60.     Matched rates on pastoral leases  
   61.     Rates on pastoral leases  
   62.     Calculation of unimproved value  
   63.     Assessment, payment and recovery  
   64.     Postponement of payment of rates payable by pensioners  
   65.     Declared Plants and Animals Control Account  

           Division 7 -- Management programmes  

   66.     Management programmes  

           Division 8 -- Miscellaneous  

   67.     Local government may assist owner or occupier to control declared plants and animals  
   68.     Protection of human health and life  
   69.     Use of poison, setting traps, etc.  
   70.     Natural enemies of declared plants and animals  

   PART VI -- Prevention of introduction and spread of declared plants and declared animals  

           Division 1 -- Declared plants  

   71.     Interpretation  
   72.     Prohibition of introduction of prohibited material  
   73.     Power to detain and deal with contaminated animals or things  
   74.     Notice to be given of certain imports  
   75.     Examination by owner or person in possession or control  
   76.     Destruction or disposal of prohibited material  

           Division 2 -- Declared animals  

   77.     Prohibition of introduction of category A1 animals  
   78.     Restrictions on introduction of category A4 animals  
   79.     Delivery of declared animals into custody  
   80.     Prohibition on keeping category A3 animals  
   81.     Restrictions on keeping of category A6 animals  
   82.     Inspector or authorised person may order destruction of declared animals  
   83.     Prohibition on declared animals  

   PART VIA -- Protection of agriculture and related resources from agricultural chemicals  

   83A.    Protection from agricultural chemicals  

   PART VII -- General  

           Division 1 -- Powers of inspectors and authorised persons  

   84.     Power of entry  
   85.     Power to search conveyances, etc.  
   86.     Name and address may be required  
   87.     Obstruction, etc.  
   88.     Personating officers  

           Division 2 -- Agents, mortgagees and trustees  

   89.     Attorneys and agents to represent principal  
   90.     Powers of trustees  
   91.     Mortgagees  

           Division 3 -- Procedure  

   92.     Manner in which notices may be served  
   93.     Proof of documents and service  
   94.     Proof of ownership or occupancy  
   94A.    Proof of plant or animal  
   95.     Judicial notice of signatures  
   96.     Authentication of documents  
   97.     Evidentiary provisions  
   98.     Institution of proceedings  

           Division 4 -- Miscellaneous  

   99.     Variation or cancellation of declarations  
   100.    Indemnity to persons acting in execution of powers conferred by Act  
   102.    Offences to be dealt with by magistrate  

   PART VIII -- Regulations  

   103.    Governor may make regulations  
   104.     Regulations -- general  
   105.    Regulations -- declared plants and declared animals  
   106.    Regulations -- fencing  
   106A.   Regulations -- storage, use and transport of prescribed chemicals  
   107.    General provisions as to regulations  
   108.    Penalties under regulations  

   PART IX -- Pest plants  

   109.    Definition  
   110.    Local government may make local laws  
   111.    Local government and Government departments to control pest plants  
   112.    Local government may assist owner or occupier to control pest plants  

   PART X -- Savings and transitional provisions  

   113.    Definitions  
   114.    Savings  
   115.    Appointments under repealed Acts  
   116.    Transfer of funds and accounts  
   117.    Dissolution of Vermin Board, and transfer of assets and liabilities etc. to Protection Board  
   118.    Disbursement of surplus assets and recovery of deficits  
   119.    References in other Acts etc.  
           Compilation table