Western Australian Consolidated Acts Western Australian Consolidated Acts
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 Account
69. Other accounts
PART VII -- Control and eradication of forest diseases
79. Purposes of this Part
80. Application
81. Terms used in this Part and section
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
[Reprinted under the Reprints Act 1984 as ]