Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to, and in
accordance with, subsection (3) and (4), a class of declared plants
or class of declared animals may, by declaration under section 35, be
assigned to one or more categories for the purposes of this Act according
to the measures that, in the opinion of the Protection Board, need to be taken
in relation to declared plants or declared animals of that class in order to
achieve the object of this Act.
(2) A class of
declared plants or class of declared animals may, by declaration under
section 35, be assigned to different categories in respect of different
parts of the State.
(3) For the purposes
of this Act a class of declared plants may be assigned
to —
(a)
category P1 in respect of an area if the introduction into and movement within
that area of those plants should, in the opinion of the Protection Board, be
prohibited;
(b)
category P2 in respect of an area if those plants should, in the opinion of
the Protection Board, be eradicated in that area;
(c)
category P3 in respect of an area if the numbers or distribution, or both, of
those plants should, in the opinion of the Protection Board, be reduced in
that area;
(d)
category P4 in respect of an area if those plants should, in the opinion of
the Protection Board, be prevented from spreading beyond the places in which
they occur in that area for the time being;
(e)
category P5 in respect of an area, if, in the opinion of the Protection Board,
particular action should be taken in relation to those plants on land in that
area that is public land or land under the control of a local government.
(4) For the purposes
of this Act a class of declared animals may be assigned
to —
(a)
category A1 in respect of an area if the introduction of those animals into
that area should, in the opinion of the Protection Board, be prohibited;
(b)
category A2 in respect of an area if those animals —
(i)
are not vertebrate animals native to that area; and
(ii)
should, in the opinion of the Protection Board, be
eradicated in that area;
(c)
category A3 in respect of an area if the keeping of those animals in that area
should, in the opinion of the Protection Board, be prohibited;
(d)
category A4 in respect of an area if the introduction of those animals into
that area should, in the opinion of the Protection Board, be subject to
conditions and restrictions imposed by or under the regulations;
(e)
category A5 in respect of an area if the numbers of those animals in that area
should, in the opinion of the Protection Board, be reduced and kept under
restriction;
(f)
category A6 in respect of an area if the keeping of those animals in that area
should, in the opinion of the Protection Board, be subject to conditions and
restrictions imposed by or under the regulations;
(g)
category A7 in respect of an area if those animals are native to that area and
are animals for which a management programme should, in the opinion of the
Protection Board, be approved and published by the Protection Board and
implemented in and in relation to that area.
(5) In
subsections (3) and (4) area means the whole of the State or a part of
the State.
[Section 36 amended by No. 31 of 1983
s. 3; No. 14 of 1996 s. 4.]