Western Australian Consolidated Acts

CONSERVATION AND LAND MANAGEMENT ACT 1984

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   4.      Relationship of this Act to other Acts  

   PART II -- Land to which this Act applies  

           Division 1 -- Categories of land  

   5.      Specification of land to which this Act applies  
   6.      Categories of land defined  
   7.      Vesting  

           Division 2 -- State forest and timber reserves  

   8.      Reservation of State forests  
   9.      Restriction on abolition of State forest  
   10.     Reservation of timber reserves  
   11.     Meaning of “Crown land” in sections 8 and 10  

           Division 3 -- Marine reserves  

   13.     Reservation of marine nature reserves, marine parks and marine management areas  
   13A.    Purpose of marine nature reserves  
   13B.    Purpose of marine parks  
   13C.    Purpose of marine management areas  
   13D.    Preservation of certain licences and other instruments relating to fishing and pearling  
   13E.    Preservation of licences and other instruments relating to petroleum and provision for further rights  
   13F.    Operation of Environmental Protection Act  
   14.     Opportunity for public submissions  

           Division 4 -- Other procedures  

   15.     Power to purchase or compulsorily take land  
   16.     Agreements for management of private land  
   16A.    Agreements for management of pastoral leases  
   16B.    Further provisions as to agreements referred to in sections 16 and 16A  

           Division 5 -- Cancellation etc. of purpose  

   17.     Cancellation and amendment of purpose  

           Division 6 -- Maps  

   17A.    Maps to be deposited in Department  

   PART III -- Controlling bodies established  

           Division 1 -- Conservation Commission of Western Australia  

              Subdivision 1 -- Establishment and functions and powers of Conservation Commission  

   18.     Conservation Commission established  
   19.     Functions of Conservation Commission  
   20.     Powers of Conservation Commission  

              Subdivision 2 -- Membership and meetings of Conservation Commission  

   21.     Membership of Conservation Commission  
   22.     Certain person not eligible for appointment  
   23.     Entitlement of CEO and Directors to attend meetings of Conservation Commission  

              Subdivision 3 -- Relationship with the Minister  

   24.     Minister may give directions  
   25.     Minister to have access to information  

              Subdivision 4 -- General  

   26.     Consultants  
   26AA.   Delegation  
   26AB.   Execution of documents  
   26AC.   Review of Conservation Commission  

           Division 3A -- Marine Parks and Reserves Authority  

   26A.    Marine Parks and Reserves Authority  
   26B.    Functions of Marine Authority  
   26C.    Minister may give directions  
   26D.    Membership of Marine Authority  
   26E.    Review of Marine Authority  

           Division 3B -- Marine Parks and Reserves Scientific Advisory Committee  

   26F.    Marine Parks and Reserves Scientific Advisory Committee  
   26G.    Functions of Marine Committee  
   26H.    Membership of Marine Committee  

           Division 4 -- Provisions applicable to the Conservation Commission, the Marine Authority and the Marine Committee  

   27.     Meaning of “controlling body” in this Division and the Schedule  
   28.     Relationship to Public Service  
   29.     Constitution and proceedings  
   30.     Remuneration and allowances of members  
   31.     Annual report  

   PART IV -- Administration  

           Division 1 -- Functions and powers  

   33.     Functions of the CEO  
   33A.    Terms used in section 33(1)(cb)(i) and (3)(b)  
   34A.    Business undertakings  
   34B.    Timber sharefarming agreements  
   35.     The CEO may be remunerated  

           Division 2 -- The Conservation and Land Management Executive Body  

   36.     The Conservation and Land Management Executive Body  
   37.     Purpose and nature of the Executive Body  
   38.     Execution of documents by the Executive Body  

           Division 3 -- Other officers and staff  

   43.     Appointment of staff generally  
   44.     Contracts and arrangements for services  
   45.     Enforcement officers  
   46.     Honorary enforcement officers  
   47.     Application of Public Sector Management Act 1994  
   48.     Certificate as to authority of wildlife officer, etc. to act  
   49.     Ex officio wildlife officers, etc.  

           Division 4 -- General  

   50.     Officers not to trade in timber, etc.  
   51.     Auctioneers’ licences not required  

   PART V -- Management of land  

           Division 1 -- Management plans  

   53.     Terms used in this Division  
   54.     Management plans to be prepared  
   55.     Contents of management plans  
   56.     Objectives of management plans  
   57.     Plan to be publicly notified  
   58.     Public submissions  
   59.     Plans to be referred to other bodies  
   60.     Approval by Minister  
   60A.    Transitional provision  
   61.     Revocation and amendment  

           Division 2 -- Classification of land  

   62.     Land may be classified  
   62A.    Amendment and cancellation of forest conservation area classification  

   PART VI -- Financial provisions  

   64.     Financial resources  
   68.     Nature Conservation and National Parks Trust Account  
   69.     Other trust accounts  

   PART VII -- Control and eradication of forest diseases  

   79.     Purposes of this PART  
   80.     Application  
   81.     Terms used in this Part and section 129  
   82.     Risk areas  
   83.     Disease areas  
   84.     Steps to be taken before Minister makes recommendation  
   85.     Extension, reduction or abolition of risk and disease areas  
   86.     Mining tenements in risk or disease area  

   PART VIII -- Permits, licences, contracts, leases, etc.  

           Division 1 -- State forests, timber reserves, and certain Crown land  

   87.     Terms used in this Division  
   87A.    Restriction on exercise of powers  
   88.     Permits and licences  
   89.     Form and effect of permit under this Division  
   90.     Form and effect of licence under this Division  
   91.     Terms of permits, licences, etc.  
   92.     Royalty on forest produce taken  
   93.     No transfer without consent  
   94.     Forest produce to be removed during currency of permit etc.  
   95.     Cancellation etc.  
   96.     Timber, etc., on mining and other leases  
   97.     Forest leases  
   97A.    Licences for use of land  

           Division 2 -- Other land  

   98.     Application  
   99.     Restriction on exercise of powers  
   99A.    Restrictions on operations in national parks etc.  
   100.    Leases of land  
   101.    Licences for use of land  

           Division 3 -- Marine reserves  

   101A.   Term used in this Division  
   101B.   Protection of flora and fauna  
   101C.   Unlawful taking of flora and fauna  

   PART IX -- Offences and enforcement  

           Division 1 -- Preliminary  

   102.    Terms used in this Part  

           Division 2 -- Offences  

   103.    Unlawful taking of forest produce  
   104.    Unlawfully lighting fires  
   105.    Setting fire to bush or grass without notice to forest officer  
   106.    Unlawful occupation of land  
   107.    Miscellaneous offences  
   108.    Unlawful use of marks, brands etc.  

           Division 2a -- Removal of unauthorised buildings etc., and trespassing cattle  

   108A.   Presence, removal or disposal of buildings, etc.  
   108B.   Cattle may be impounded  
   108C.   Unbranded cattle  

           Division 3 -- General provisions as to offences  

   109.    Aiding and abetting offences  
   110.    Liability for damage  
   111.    Presumption as to ownership of forest produce  
   112.    Presumption as to place of offence  
   113.    Authority to prosecute  
   114.    Penalties not substituted for others  
   114A.   Infringement notices  

           Division 4 -- Enforcement powers  

   115.    Obstruction of officers  
   116.    Unbranded timber liable to seizure  
   117.    Forest produce the property of Crown until royalty paid  
   118.    Seizure of forest produce  
   119.    Search warrant for secreted forest produce  
   119A.   Entry to sawmills  
   120.    Power to enter and inspect land  
   124.    Powers of rangers and conservation and land management officers  
   125.    Powers of wildlife officer  

   PART X -- Regulations  

   126.    Regulations -- general power  
   127.    Regulations as to administration  
   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  

   PART XI -- Miscellaneous  

   131.    Devolution of certain acquired forest land  
   131A.   Tabling of Ministerial directions  
   132.    Exemption from liability  
   133.    Delegation  
   134.    Erection of notices  
   135.    A forest officer may call for assistance to extinguish fires  
   136.    Export of certain timber prohibited except under permit  
   137.    Timber on catchment areas may be placed under control of CEO  
   138.    Forest produce on parks and reserves  
   139.    Timber on roads  
   141.    Arbor Day  
   142.    Trees to be planted by conditional purchase holders  

   PART XII -- Repeal, savings, transitional and validation  

           Division 1 -- Preliminary  

   145.    Terms used in this Part  
   146.    Interpretation Act 1984 not affected  

           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 the Public Service Act 1978  
   154.    Annual reports for part of a year  
   155.    Devolution of certain land  

           Division 3 -- Validation  

   156.    Validation  
           SCHEDULE
           Compilation table