CONSERVATION AND LAND MANAGEMENT ACT 1984
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Relationship of this Act to other Acts
PART II -- Land subject to this Act
Division 1 -- Categories of land
- 5 “Land to which this Act applies”, meaning of
- 6 Categories of land, defined
- 7 Lands vested in Commission
- 8AA Waters, land, or land and waters may be vested jointly in Commission and Aboriginal body corporate
- 8A CEO may agree to manage private or other land
- 8B Effect of s. 8A agreements
- 8C Certain land may be put under CEO’s management
Division 2A -- Regional parks
- 8D Terms used
- 8E Recognition of regional parks
- 8F CEO may coordinate management of regional parks
Division 2 -- State forest and timber reserves
- 8 State forests, reservation of
- 9 Changes to State forest
- 10A Parliamentary procedure in relation to changes to State forest
- 10 Reservation of, and changes to, timber reserves
- 11 Term used: Crown land
Division 3 -- Marine reserves
- 13 Marine reserves, reservation of
- 13AA Minister’s powers to change Class A marine reserve
- 13A Marine nature reserves, purpose of and prohibited acts in
- 13B Marine parks, purpose of and prohibited acts in
- 13C Marine management areas, purpose of and permitted acts in
- 13D Effect of s. 13A, 13B and 13C on certain licences etc. for fishing etc.
- 13E Effect of s. 13A and 13B on certain licences etc. relating to petroleum
- 13F Environmental Protection Act 1986 not limited by s. 13A to 13E
14. Proposal for marine reserve, public notice of and submissions on
Division 4 -- Other procedures
- 15 Land for State forest etc., power to acquire
Division 5 -- Cancellation etc. of purpose
- 17 Purpose of certain land, cancelling or amending; area of certain land, changing
Division 6 -- Maps
- 17A Maps of categories of land, deposit and inspection of etc.
PART III -- Conservation and Parks Commission
Division 1 -- Conservation and Parks Commission established
- 18 Commission established
- 19 Functions
- 20 Powers
Division 2 -- Membership and meetings of Commission
- 21 Membership
- 22 Persons not eligible to be members
- 23 Other persons entitled to attend meetings of Commission
Division 3 -- Relationship with Minister
- 24 Minister may give Commission directions
- 25 Minister to have access to information
Division 4 -- General provisions
- 26 Commission may engage consultants
- 26AA Delegation by Commission
- 26AB Documents, execution of by Commission
- 26AC Review of operations etc. of Commission
- 29 Constitution and proceedings of Commission
- 30 Remuneration and allowances of members
- 31 Annual report
PART IV -- Administration
Division 1 -- Functions and powers
- 33 CEO, functions of
- 33A Terms used
- 34A Business undertakings, CEO may form etc.
- 34B Timber sharefarming agreements, CEO may enter etc.
- 35 CEO, remuneration of for advice etc.
Division 2 -- The Conservation and Land Management Executive Body
- 36 Executive Body established and nature of
- 37 Purpose
- 38 Documents, execution of by Executive Body
Division 3 -- Other officers and staff
- 43 Staff, appointment etc. of
- 44 Services, research etc., Minister’s powers to engage etc.
- 45 Enforcement officers, designation and functions of
- 46 Honorary enforcement officers, appointment and functions of
- 47 Public Sector Management Act 1994, application of to enforcement officers
- 48 Certificates for enforcement officers, issue of etc.
- 49 Ex officio wildlife officers etc.
Division 4 -- General
- 50 Officers not to trade in timber etc.
- 51 Forest produce, auctions of etc.
PART V -- Management of land
Division 1 -- Management plans
- 53 Terms used
- 54 Plans, when required and who has to prepare
- 55 Contents of plans
- 56A Plan may require CEO to manage land jointly
- 56B Section 56A agreement may be continued for new management plan
- 56 Objectives of plans
- 57A Aboriginal persons, ascertaining value of land to
- 57 Proposed plan to be publicly notified
- 58 Public submissions on proposed plans
- 59 Plans to be referred to other bodies
- 59A Plans to be submitted to Minister
- 60 Approval of proposed plan by Minister
- 60A Conservation and Land Management Amendment Act 1991, transitional provision for
- 61 Plans, amending and revoking
Division 2 -- Classification of land
- 62 Land may be classified
- 62A Forest conservation area classification, procedure for amending or cancelling
PART VI -- Financial provisions
- 64 Certain moneys credited to Department
- 68 Biodiversity Conservation Account
- 69 Other accounts
PART VII -- Control and eradication of forest diseases
- 79 Purposes of this Part
- 80 Application of this Part
- 81 Terms used
- 82 Forest disease risk areas, constituting
- 83 Forest disease areas, constituting
- 84 Procedure before area constituted under s. 82(1) or 83(1)
- 85 Risk areas and disease areas, changing and abolishing
- 86 Mining tenement in risk area or disease area
PART VIII -- Permits, licences, contracts, leases, etc.
Division 1A -- General matters
- 86A Restrictions on Minister and CEO performing functions under this Part
Division 1 -- State forests, timber reserves, and certain Crown land
- 87 Terms used
- 87A Restriction on CEO exercising powers under this Division
- 88 Permits etc. for taking etc. forest produce, CEO’s powers as to
- 89 Permits, form and effect of
- 90 Licences, form and effect of
- 91 Permits, licences etc., duration of
- 92 Charges for forest produce taken
- 93 No transfer of permit etc. without CEO’s consent
- 94 Forest produce to be removed while permit etc. is current
- 95 Permits etc., effects of contravening
- 96 Effect on leases and mining tenements of permits, licences and contracts as to forest produce
- 97 Forest leases, grant of etc.
- 97A Licences etc. for use etc. of State forest or timber reserve
Division 2 -- Other land
- 98 Application of this Division
- 99 Restriction on CEO exercising powers under this Division
- 99A Certain acts on land vested in Commission, licences etc. for
- 100 Leases of land, grant of by CEO
- 101 Licences etc. for use etc. of land
Division 3 -- Marine reserves
- 101A Term used: take
- 101B Flora and fauna, taking of not to be authorised etc.
- 101C Taking flora or fauna, offence
PART IX -- Offences and enforcement
Division 1 -- Preliminary
- 102 Terms used
- 103A Aboriginal persons may do things for customary purposes
- 103B People acting under s. 8A agreements, defence for
Division 2 -- Offences
- 103 Taking forest produce
- 104 Lighting fires
- 105 Setting fire to tree etc. without notifying forest officer
- 106 Unlawful activities on land
- 107 Miscellaneous offences
- 108 Unlawful use of mark etc. on forest produce
Division 2a -- Removal of unauthorised buildings etc., and trespassing cattle
- 108A Unauthorised buildings etc., removal of
- 108B Cattle, impounding
- 108C Unbranded cattle, dealing with
Division 3 -- General provisions as to offences
- 109 Aiding etc. offences, effect of
- 110 Damage by offenders, liability for
- 111 Forest produce, presumption as to ownership of
- 112 Offence, presumption as to place of
- 113 Prosecutions, who may commence
- 114 Prosecutions under other laws not prevented etc.
Division 4A -- Infringement notices
- 114AA Terms used
- 114A Issuing infringement notices
- 114B Infringement notices for vehicle offences
- 114C Onus of responsible person for vehicle offence
- 114D Infringement notices for vessel offences
- 114E Onus of responsible person for vessel offence
Division 4 -- Enforcement powers
- 126 Regulations, general provisions as to
- 127 Regulations as to administration
- 128A Regulations as to s. 8C land
- 128 Regulations as to forestry, State forests etc.
- 129 Regulations as to forest diseases
- 130 Regulations as to national parks etc.
- 130A Regulations as to rights of holders of mining tenements to take forest produce
- 130B Land Administration Act 1997 regulations subject to this Act’s regulations as to s. 8A or 8C land
PART XI -- Miscellaneous
- 131 Vesting of land formerly registered in name of Conservator of Forests
- 131A Ministerial directions, tabling of
- 132 Protection from personal liability
- 133 Delegation by Minister and CEO
- 134 Notices on land, erection of etc.
- 135 Forest fires, forest officer may ask for help to extinguish
- 136 Export of certain timber prohibited except under permit
- 137 Forest produce in water catchment areas may be placed under CEO’s control etc.
- 138 Forest produce in other parks and reserves, restrictions on permitting taking of
- 139 Roads in State forests etc., status of and ownership of timber on etc.
- 141 Arbor Day
- 142 Conditional purchase land, condition as to tree planting etc.
- 143 Conservation Legislation Amendment Act 2011, review of amendments of
Division 1 -- Preliminary
Division 2 -- Repeal, savings and transitional
- 147 Repeal
- 148 Saving
- 149 Saving of certain regulations
- 150 Devolution of rights, assets and liabilities
- 151 References in other laws etc.
- 152 Staff not under Public Service Act 1978
- 154 Annual reports for part of year
- 155 Devolution of certain land
Division 3 -- Validation
PART XIII -- Conservation and Land Management Amendment Act 2015 saving and transitional provisions
- 157 Terms used
- 158 Certain liabilities and assets to be vested in the Executive Body
- 159 Land and waters vested in the Conservation Commission or Marine Authority
- 160 Completion of things commenced
- 161 Continuing effect of things done
- 162 Reports and notifications
- 163 Management plans
- 164 Section 57A exemptions
- 165 Members of Conservation Commission, Authority and Marine Committee
- 166 Registration of documents
- 167 Transfer of documents
- 168 Transitional regulations
- 169 Saving
- 170 Interpretation Act 1984 not affected