Western Australian Consolidated Acts

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AGRICULTURE PROTECTION BOARD ACT 1950 - SECT 8

8 .         Powers and duties of the Protection Board

        (1)         Subject to the Minister and to the provisions of this Act and the Agriculture Protection Act, the powers and duties of the Protection Board shall include the following —

            (a)         making investigations and enquiries into and formulating schemes for efficiently —

                  (i)         controlling, and prohibiting and regulating the introduction of, declared plants;

                  (ii)         controlling, and prohibiting and regulating the introduction and keeping of, declared animals;

            (b)         ensuring that the provisions of this Act and the Agriculture Protection Act are efficiently carried into effect throughout the State and co-ordinating the implementation, in the various zones and regions, of policies, schemes and programmes formulated under this Act or that Act;

            (c)         authorising and directing the expenditure of moneys standing to the credit of the Protection Account and the Control Account for the purposes of this Act and the Agriculture Protection Act generally and, in particular, for implementing policies, schemes and programmes formulated under this Act or that Act;

            (d)         conducting, or arranging for the conduct of, experiments on and in relation to declared plants and declared animals;

            (e)         maintaining, improving, altering, repairing and renewing any barrier fence and any other structure or source of water supply upon the land upon which the barrier fence is erected and any machinery, implement, livestock, vehicles or other plant, used in connection with the maintenance, improvement, alteration or renewal of barrier fences;

            (f)         controlling, regulating and prohibiting the sale, acquisition or use of any apparatus, appliance, thing or substance offered or represented or which may be offered or represented as suitable for use in the control of declared plants or declared animals;

            (g)         purchasing, taking on lease, or otherwise acquiring, upon such terms and conditions as the Minister may approve, any real or personal property whatsoever as the Protection Board may think requisite for carrying into effect the objects and purposes of this Act or the Agriculture Protection Act, and from time to time selling, exchanging, letting, or otherwise disposing of any real or personal property acquired by or vested in the Protection Board for the purposes of this Act or the Agriculture Protection Act;

            (h)         purchasing equipment and purchasing or manufacturing materials for the control of declared plants and declared animals for resale or sale to any local government or other person or body who or which is responsible for such control pursuant to the provisions of any Act at cost price plus such amounts as are determined by the Protection Board being —

                  (i)         an amount representing handling, forwarding, administration and other costs incidental to the purchase of such equipment or the purchase or manufacture of such materials; and

                  (ii)         an amount to be paid to a reserve account kept pursuant to section 16;

                  (i)         borrowing in such manner and subject to such conditions as to borrowing and expenditure as the Treasurer specifies, such sum or sums as shall not at any one time exceed $500 000 for meeting expenses incurred or likely to be incurred in the control of, or the prohibition or regulation of the introduction of, declared plants or declared animals;

            (j)         making advances to local governments, or other bodies or persons, for the control of declared plants and declared animals;

            (k)         paying bonuses at such rates, for such periods, for destruction of such declared animals in such zones, regions or other areas as may, for the purposes of this paragraph, subject to subsection (3), from time to time be fixed by the Protection Board by declaration;

            (l)         employing such officers and other employees as are necessary for the purposes of carrying out the powers and duties conferred and imposed upon the Protection Board by this or any other Act;

            (m)         with the approval of the Minister for Public Sector Management 2 , determining the terms and conditions of appointment and employment of the officers and employees employed pursuant to paragraph (l);

            (n)         with the consent of the Minister of the Crown charged with the administration of any Government department, making use, for the purpose of carrying out the provisions of this Act or any other Act, of the services of any person employed in that department; and

            (o)         generally doing all such acts, matters and things as the Protection Board shall consider necessary or conducive to the control of, or the prohibition or regulation of the introduction of, declared plants or the control of, or the prohibition or regulation of the introduction or keeping of, declared animals, and as the Protection Board is authorised to do under the provisions of this or any other Act.

        (2)         The Protection Board may sell and supply poison pursuant to subsection (1)(h) notwithstanding anything to the contrary contained in the Poisons Act 1964 .

        (3)         The rates of bonuses fixed under subsection (1)(k) in respect of a class of declared animals in respect of any one zone, region or area —

            (a)         shall be uniform throughout that zone, region or area;

            (b)         may differ from those fixed in respect of another zone, region or area;

            (c)         shall not exceed such amount as is prescribed in respect of that class.

        [Section 8 inserted by No. 25 of 1976 s. 7; amended by No. 32 of 1994 s. 19; No. 14 of 1996 s. 4; No. 49 of 1996 s. 64; No. 9 of 1998 s. 4; No. 77 of 2006 s. 17.]



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