Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 4 April 2008 of the
Conservation and Land Management Act 1984 and includes the amendments
made by the other written laws referred to in the following
table 1a. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
126 of 1984 |
8 Jan 1985 |
s. 1 and 2:
8 Jan 1985; |
|
|
Conservation and Land Management Amendment
Act 1985 |
86 of 1985 |
4 Dec 1985 |
4 Dec 1985 (see s. 2) |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
Acts Amendment (Public Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
Acts Amendment (Land Administration) Act 1987
Pt. XVI |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette
16 Sep 1988 p. 3637) |
|
Acts Amendment (Swan River Trust) Act 1988
Pt. 2 |
21 of 1988 |
5 Oct 1988 |
1 Mar 1989 (see s. 2 and Gazette
27 Jan 1989 p. 264) |
|
Conservation and Land Management Amendment
Act 1988 |
76 of 1988 |
9 Jan 1989 |
s. 1 and 2:
9 Jan 1989; |
|
Conservation and Land Management Amendment
Act 1991 |
20 of 1991 |
25 Jun 1991 |
s. 1 and 2:
25 Jun 1991; |
|
Reprint of the Conservation and Land Management
Act 1984 as at 16 Jan 1992 (includes amendments listed
above) |
|||
|
Acts Amendment (Game Birds Protection) Act 1992
Pt. 3 |
18 of 1992 |
16 Jun 1992 |
16 Jun 1992 (see s. 2) |
|
Conservation and Land Management Amendment
Act 1992 9 |
66 of 1992 |
11 Dec 1992 |
11 Dec 1992 (see s. 2) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 and 15 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Conservation and Land Management Amendment
Act 1993 10 |
49 of 1993 |
20 Dec 1993 |
20 Dec 1993 (see s. 2) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
53 of 1994 |
2 Nov 1994 |
1 Oct 1995 (see s. 2 and Gazette
29 Sep 1995 p. 4649) |
|
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and
Gazette 29 Dec 1995 p. 6291) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment Act 1996
s. 51 and 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996
(see s. 2(1)) |
|
Reprint of the Conservation and Land Management
Act 1984 as at 20 Jan 1997 (includes amendments listed
above) |
|||
|
Acts Amendment (Marine Reserves) Act 1997
Pt. 2 4, 6 |
5 of 1997 |
10 Jun 1997 |
29 Aug 1997 (see s. 2 and Gazette
29 Aug 1997 p. 4867) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 13 and s. 141 11 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 36 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 22 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Reprint of the Conservation and Land Management
Act 1984 as at 26 Mar 1999 (includes amendments listed
above) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 8 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Conservation and Land Management Amendment
Act 2000 12, 13 |
35 of 2000 |
10 Oct 2000 |
16 Nov 2000 (see s. 2 and Gazette
15 Nov 2000 p. 6275) |
|
6 of 2002 |
4 Jun 2002 |
29 Jun 2002 (see s. 2 and Gazette
28 Jun 2002 p. 3037) |
|
|
Labour Relations Reform Act 2002
s. 17 |
20 of 2002 |
8 Jul 2002 |
15 Sep 2002 (see s. 2 and Gazette
6 Sep 2002 p. 4487) |
|
Fire and Emergency Services Legislation Amendment
Act 2002 s. 41 |
38 of 2002 |
20 Nov 2002 |
30 Nov 2002 (see s. 2 and Gazette
29 Nov 2002 p. 5651-2) |
|
Conservation and Land Management Amendment
Act 2002 |
43 of 2002 |
11 Dec 2002 |
11 Dec 2002 (see s. 2) |
|
Reprint 4: The Conservation and Land Management
Act 1984 as at 24 Apr 2003 (includes amendments listed
above) |
|||
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 47 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Labour Relations Reform (Consequential Amendments)
Regulations 2003 r. 20 published in Gazette
15 Aug 2003 p. 3685-92 |
15 Sep 2003 (see r. 2) |
||
|
Economic Regulation Authority Act 2003
s. 62 |
67 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5723) |
|
Acts Amendment and Repeal (Competition Policy)
Act 2003 Pt. 5 |
70 of 2003 |
15 Dec 2003 |
21 Apr 2004 (see s. 2 and Gazette
20 Apr 2004 p. 1297) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 21(2) and 39(1)-(10) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Reprint 5: The Conservation and Land Management
Act 1984 as at 24 Sep 2004 (includes amendments listed
above) |
|||
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Reprint 6: The Conservation and Land Management
Act 1984 as at 9 Jun 2006 (includes amendments listed
above) |
|||
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 7 Div. 1 14-16 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Swan and Canning Rivers (Consequential and Transitional
Provisions) Act 2006 s. 6 |
52 of 2006 |
6 Oct 2006 |
25 Sep 2007 (see s. 2 and Gazette
25 Sep 2007 p. 4835) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Petroleum Amendment Act 2007 s.
92 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
Water Resources Legislation Amendment Act 2007
s. 191 |
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette
31 Jan 2008 p. 251) |
|
Reprint 7: The Conservation and Land Management
Act 1984 as at 4 Apr 2008 (includes amendments listed
above) |
|||
1a On the date as at which this
reprint was prepared, provisions referred to in the following table had not come
into operation and were therefore not included in compiling the reprint. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Conservation and Land Management Amendment
Act 1991 s. 51 17 |
20 of 1991 |
25 Jun 1991 |
To be proclaimed (see s. 2) |
|
Offshore Minerals (Consequential Amendments)
Act 2003 Pt. 3 18 |
12 of 2003 |
17 Apr 2003 |
Operative on commencement of the Offshore Minerals
Act 2003 (see s. 2) |
2 The Land Act 1933 was repealed by section 281
of the Land Administration Act 1997.
3 The Forests Act 1918 was repealed by
s. 147(1) of this Act.
4 The Acts Amendment (Marine Reserves) Act 1997
s. 7(2) reads as follows:
“
(2) The application of
section 6(6) of the principal Act [the Conservation and Land Management
Act 1984] as amended by subsection (1)(d) extends to any waters or
land reserved as or for the purpose of a marine nature reserve or marine park
before the commencement of this section.
”.
5 The National Parks Authority Act 1976 was repealed
by s. 147(1) of this Act.
6 The Acts Amendment (Marine Reserves) Act 1997
s. 8(3) reads as follows:
“
(3) To avoid doubt it is declared
that section 7(5) of the principal Act [the Conservation and Land
Management Act 1984], as inserted by subsection (1), applies to
marine nature reserves and marine parks which, immediately before the
commencement of this Act, were vested in the National Parks and Nature
Conservation Authority, whether so vested under the principal Act or under the
Land Act 1933.
”.
7 The Wildlife Conservation Act 1950 s. 10
was repealed by the Acts Amendment (Conservation and Land
Management) Act 1984 s. 6.
8 The Public Service Act 1978 was repealed by the
Public Sector Management Act 1994 s. 110.
9 The Conservation and Land Management Amendment
Act 1992 s. 18 reads as follows:
“
18. Validation
Every contract entered into by the Executive Director before the
commencement of this Act that would have been lawful if the amendments to the
principal Act effected by this Act had been in force at the time when it was
entered into is declared to have been lawfully entered into and any act or thing
done under such a contract is declared to have been lawfully done.
”.
10 The Conservation and Land Management Amendment
Act 1993 s. 10 reads as follows:
“
10. Validity of past acts
Anything done under the principal Act before the commencement of this Act
is declared to be and to have always been as valid and effective as it would
have been if, at the time when it was done, this Act had come into
operation.
”.
11 The amendments in section 15(1)(a) and (9) do not have
effect because the relevant provisions were amended by the Acts Amendment
(Marine Reserves) Act 1997.
12 The Conservation and Land Management Amendment
Act 2000 s. 5 was repealed by the Statutes (Repeals and Minor
Amendments) Act 2003 s. 39(11).
13 The Conservation and Land Management Amendment
Act 2000 Sch. 1 reads as follows:
“
Schedule 1 — Transitional
provisions
[s. 51]
1. Definitions
In this Schedule —
“Authority” has the meaning given in section 3 of
the CALM Act, as enacted immediately before the commencement of this
Act;
“CALM Act” means the Conservation and Land
Management Act 1984;
“Commission” has the meaning given in section 3 of
the CALM Act, as enacted immediately before the commencement of this
Act;
“Conservation Commission” means the Conservation
Commission of Western Australia established by section 18 of the CALM Act,
as amended by this Act;
“Council” has the meaning given in section 3 of
the CALM Act, as enacted immediately before the commencement of this
Act;
“Executive Director” has the meaning given in
section 3 of the CALM Act;
“forest produce” has the meaning given in
section 3 of the CALM Act;
“forest products” has the same meaning as it has in the
Forest Products Act;
“Forest Products Act” means the Forest Products
Act 2000;
“Forest Products Commission” means the Forest Products
Commission established by the Forest Products Act;
“harvesting” has the same meaning as it has in the
Forest Products Act;
“Minister” means the Minister responsible for the
administration of the CALM Act.
2. Certain contracts under CALM Act for sale of forest products have
effect as if entered into by Forest Products Commission
(1) A contract for the sale of forest produce entered into under
section 88(1)(b)(i) of the CALM Act that is in effect immediately before
the commencement of this Act has effect as if it had been entered into by the
Forest Products Commission instead of the Executive Director.
(2) Subclause (1) applies only to the extent that the contract
relates to the sale of forest products and to matters associated with that
sale.
(3) The terms and conditions of a contract referred to in
subclause (1), including the provisions of Part VIII Division 1 of the
CALM Act, continue to have effect, but the Commission may negotiate variations
to the contract to ensure that the provisions of the contract are consistent
with the relevant management plan and amendments to the CALM Act that come into
operation on the commencement of this Act.
(4) A contract referred to in subclause (1) has no effect after the
relevant management plan has expired.
(5) The CALM Act, as enacted immediately before the commencement of this
Act, continues to have effect on and after that commencement for the purposes of
a contract referred to in subclause (1), except that the references in
sections 91(2), 92(5)(b), 93, 94(1) and 95(2)(b) of that Act to the
Executive Director are taken to be references to the Forest Products
Commission.
(6) Subclause (5) ceases to apply to a contract referred to in
subclause (1) if the contract is varied under subclause (3).
3. Certain contracts under CALM Act for harvesting of forest products
have effect as if entered into by the Forest Products Commission
(1) A contract entered into under section 88(1)(b)(ii) or
section 88(1a) of the CALM Act that is in effect immediately before
the commencement of this Act has effect as if it had been entered into by the
Forest Products Commission instead of the Executive Director.
(2) Subclause (1) applies only to the extent that the contract
relates to the harvesting of forest products and to matters associated with that
harvesting.
(3) The terms and conditions of a contract referred to in
subclause (1), including the provisions of Part VIII Division 1 of the
CALM Act, continue to have effect but the Commission may negotiate variations to
the contract to ensure that the provisions of the contract are consistent with
the relevant management plan and amendments to the CALM Act that come into
operation on the commencement of this Act.
4. Transfer of rights and obligations under certain timber sharefarming
agreements under CALM Act
(1) A timber sharefarming agreement referred to in section 34B of the
CALM Act that is in effect immediately before the commencement of this Act has
effect as if any rights, obligations or powers held by, or imposed or conferred
on, the Executive Director under that agreement were rights, obligations or
powers held by, or imposed or conferred on, the Forest Products
Commission.
(2) A timber sharefarming agreement referred to in subclause (1)
entered into by the Executive Director as agent of another person has effect as
if the agreement were entered into by the Forest Products Commission as agent of
that person.
5. Transfer of rights and obligations under other
agreements
(1) Subject to clauses 2, 3 and 4, an agreement that is in effect
immediately before the commencement of this Act that provides for any rights,
obligations or powers to be held by, or to be imposed or conferred on, the
Executive Director under the agreement as to the harvesting, sale or supply of
timber or other forest produce has effect as if the rights, obligations or
powers were held by, or imposed or conferred on, the Forest Products
Commission.
(2) An agreement referred to in subclause (1) entered into by the
Executive Director as agent of another person has effect as if the agreement
were entered into by the Forest Products Commission as agent of that
person.
(3) Subclauses (1) and (2) apply only to the extent that the
agreement concerned relates to the harvesting, sale or supply of forest products
and to matters associated with that harvesting, sale or supply.
6. Transfer of positions
(1) The Minister, by order published in the Gazette within 4 weeks
of the commencement of this Act, is to determine the positions, the functions or
duties of which related, immediately before the commencement of this Act, to
performing duties relating exclusively or primarily to —
(a) the negotiation, preparation, administration and enforcement of
contracts for the sale of things that are forest products;
(b) the negotiation, preparation, administration and enforcement of
contracts under section 88(1a) of the CALM Act in relation to things that
are forest products;
(c) the making of arrangements in relation to timber sharefarming
agreements referred to in section 34B of the CALM Act;
(d) the establishment or maintenance of plantations of forest products,
plant nurseries for the production of forest products, or seed or propagation
orchards of forest products;
(e) the undertaking of research into the management and production of
forest products in plantations; or
(f) the undertaking of research into the use of forest products.
(2) The Minister, by order published in the Gazette within 4 weeks
of the commencement of this Act, may determine the positions (other than the
positions determined under subclause (1)) —
(a) the functions or duties of which related, immediately before the
commencement of this Act, to the provision of administrative, policy or
corporate services for the purposes of the performance of the duties referred to
in subclause (1); and
(b) that the Minister considers appropriate for transfer to the Forest
Products Commission.
(3) On the publication of an order under subclause (1) or (2) a
position referred to in the order is transferred to the Forest Products
Commission.
(4) A person holding a position when it is transferred to the Forest
Products Commission is to be regarded as having been engaged under
section 39 of the Forest Products Act.
(5) Except as otherwise agreed by a person referred to in subclause(4),
the remuneration, existing or accrued rights (including the right to be employed
for an indefinite period in the Public Service), rights under a superannuation
scheme or terms, conditions or continuity of service of the person are not
affected, prejudiced or interrupted by the operation of subclauses (3) and
(4).
(6) If a person referred to in subclause (4) was a contributor as
defined in the Superannuation and Family Benefits Act 1938
immediately before becoming a Commission employee, the person may continue to be
a contributor under that Act after becoming a Commission employee.
(7) For the purposes of subclause (6), the Forest Products
Commission —
(a) is a department as defined by the Superannuation and Family
Benefits Act 1938; and
(b) is to pay to the Board under that Act payments of the kind described
in paragraph (i) of the proviso to the definition of
“department” in section 6 of that Act.
(8) If a transferred employee ceases to be a Commission employee, he or
she is entitled to employment as a public service officer in the Department at
the same level of classification as he or she held immediately before becoming a
Commission employee.
(9) A person does not have an entitlement under subclause (8) if his
or her employment as a Commission employee was terminated, or he or she was
dismissed, for substandard performance, breach of discipline or
misconduct.
(10) Subclause (8) does not prevent the subsequent operation of
Part 6 of the Public Sector Management Act 1994 in relation to
a person who is employed in the Department under an entitlement under
subclause (8).
(11) When a person ceases to be a Commission employee and becomes a public
service officer under an entitlement under subclause (8), his or her
service as a Commission employee is to be regarded as service in the Public
Service for the purposes of determining his or her rights as a public service
officer and for the purposes of the Superannuation and Family Benefits
Act 1938.
(12) If no suitable vacancy is available to meet a person’s
entitlement under subclause (8), circumstances attracting the operation of
Part 6 of the Public Sector Management Act 1994 are to be
regarded as having arisen in relation to the person.
(13) In this clause —
“Commission employee” means a member of the staff of
the Forest Products Commission;
“transferred employee” means a person referred to in
subclause (4) who, immediately before becoming a Commission employee, was
employed for an indefinite period in the Public Service.
7. Reserves and other land vested in the Commission or
Authority
(1) The care, control and management of a reserve that, immediately before
the commencement of this Act, are placed under the Land Administration
Act 1997 with the Commission or the Authority (“the original
placement”) are, on that commencement and by this subclause, placed
under that Act with the Conservation Commission subject to any interests or
conditions that applied to the original placement.
(2) The care, control and management of a reserve vested under a written
law (other than the CALM Act) in the Commission or the Authority immediately
before the commencement of this Act (“the original vesting”)
are, on that commencement and by this subclause, placed under the Land
Administration Act 1997 with the Conservation Commission subject to any
interests or conditions that applied to the original vesting.
(3) Land that is vested in the Commission under section 7 of the CALM
Act immediately before the commencement of this Act (“the original
vesting”) is, on that commencement, vested under that section in the
Conservation Commission subject to any interests or conditions that applied to
the original vesting.
(4) Land that is vested in the Authority, either solely or jointly with
another body or other bodies, under section 7 of the CALM Act immediately
before the commencement of this Act (“the original vesting”)
is, on that commencement, vested under that section in the Conservation
Commission, either solely or jointly with another body or other bodies, subject
to any interests or conditions that applied to the original vesting.
8. Management plans
A management plan prepared by the Commission or the Authority under Part
V of the CALM Act that is in effect immediately before the commencement of this
Act has effect as if it had been prepared by the Conservation Commission under
that Part as amended by this Act.
9. Members of Commission, Authority and Council
A person who holds office as a member of the Commission, the Authority or
the Council immediately before the commencement of this Act ceases to hold that
office on that commencement but, subject to the CALM Act as amended by this Act,
is eligible to be appointed as a member of the Conservation
Commission.
10. Certain regulations under CALM Act taken to have been made under
Forest Products Act
(1) Regulations made under the CALM Act to which this subclause applies
that are in effect immediately before the commencement of this Act have effect
as if they had been made under section 70 of the Forest Products
Act.
(2) Subject to subclause (3), subclause (1) applies to
regulations that relate to —
(a) the registration of timber workers;
(b) identification codes for persons who fell trees in State forests or
timber reserves;
(c) log delivery notes;
(d) the receiving by sawmills of log timber felled in State forests or
timber reserves;
(e) the determination of the quantity of log timber felled in State
forests or timber reserves;
(f) records made of log timber felled in State forests or timber reserves
and received at sawmills;
(g) the sale by public auction or tender of forest produce;
(h) the powers of forest officers in relation to forest produce;
(i) the provision of statistical information relating to forest produce
taken from State forests or timber reserves;
(j) the minimizing of damage to, and destruction of, forest produce in
State forests or timber reserves caused by the holders of licences, permits or
contracts;
(k) the unauthorised destruction, cutting, injuring or removing of or
interfering with seized forest produce;
(l) the exporting of karri timber;
(m) the making of false or misleading statements or representations, or
the production of forged or counterfeit documents, for the purpose of procuring
the registration of a person or an identification code;
(n) the form and amendment of registers and the obtaining of copies of
extracts from registers;
(o) the provision of information relating to, and copies of, permits,
licences or contracts;
(p) fees; and
(q) appeals relating to the registration of a person or an identification
code.
(3) If subclause (1) applies to a regulation that relates to forest
produce, that subclause only has effect to the extent that the regulation
relates to forest products.
(4) Regulations may be made under Part X of the CALM Act to amend, repeal
or repeal and replace regulations to which subclause (1) applies.
11. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
Schedule and is empowered to record and register in the appropriate manner any
necessary documents, and otherwise to give effect to this Schedule.
12. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, the Governor may make regulations prescribing all matters
that are required, or are necessary or convenient, for dealing with that
transitional matter.
(2) Regulations made under subclause (1) may have effect before the
day on which they are published in the Gazette.
(3) To the extent that a regulation made under subclause (1) may have
effect before the day of its publication in the Gazette, it does
not —
(a) affect in a manner prejudicial to any person (other than the State,
the Executive Director, the Forest Products Commission or the Conservation
Commission), the rights of that person existing before the day of its
publication; or
(b) impose liabilities on any person (other than the State, the Executive
Director, the Forest Products Commission or the Conservation Commission) in
respect of anything done or omitted to be done before the day of its
publication.
(4) In subclause (1) —
“transitional matter” means a matter that needs to be
dealt with for the purpose of effecting the transition from the CALM Act, as
enacted immediately before the commencement of this Act,
to —
(a) the CALM Act as amended by this Act; or
(b) the Forest Products Act.
13. Saving
The operation of any provision of this Schedule is not to be
regarded —
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting, restricting or
regulating the assignment or transfer of property, rights or liabilities or the
disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as causing
or permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any property, right or liability;
(d) as causing any contract or other instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
”.
14 The Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 7 Div. 7 reads as follows:
“
Division 7 — Transitional
provisions
224. Conservation and Land Management Act 1984
(1) A thing done or omitted to be done before commencement by, to or in
relation to the Executive Director (other than as the body corporate referred to
in section 38 of the Conservation and Land Management Act 1984
as in force before commencement) under, or for the purposes of, an enactment has
the same effect after commencement, to the extent that it has any force or
significance after commencement, as if it had been done or omitted by, to or in
relation to the CEO under, or for the purposes of, that enactment.
(2) The Conservation and Land Management Executive Body established by
section 36 of the Conservation and Land Management Act 1984 (as
in force after commencement) is a continuation of, and the same legal person as,
the body corporate referred to in section 38 of that Act (as in force
before commencement).
(3) Land placed under the management of the Department under
section 33(2) of the Conservation and Land Management Act 1984
before commencement is to be taken to have been placed, on commencement, under
the management of the CEO under that Act.
(4) The Registrar of Titles or the Registrar of Deeds and Transfers may
make any entry in, or any endorsement or notation on, the title, land register
or other record in respect of land that is necessary because of
subsection (3).
(5) A reference in a written law or any other instrument to land under the
management of the Department under the Conservation and Land Management
Act 1984 is to be read as a reference to land under the management of
the CEO.
(6) A reference in a written law or any other instrument to the Director
of Nature Conservation, the Director of Forests or the Director of National
Parks is to be read as a reference to the CEO.
(7) In this section —
“CEO” has the meaning given by section 3 of the
Conservation and Land Management Act 1984 as in force after
commencement;
“commencement” means the time at which section 183
comes into operation;
“Executive Director” means the Executive Director
referred to in section 36 of the Conservation and Land Management
Act 1984 as in force before commencement,
and, unless the contrary intention appears, other words and expressions
in this section have the same respective meanings as they have in the
Conservation and Land Management Act 1984.
”.
15 The requirement to appoint an Executive Director was removed
from the Act and references to the Executive Director were replaced by
references to the CEO, see the Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 7 Div. 1. Section 454 of that
Act is a general transitional provision that applies to references to the
Executive Director in written laws.
16 The requirement to establish the Department of Conservation
and Land Management was removed from the Act, see the Machinery of Government
(Miscellaneous Amendments) Act 2006 Pt. 7 Div. 1.
Section 453 of that Act is a general transitional provision that applies to
references to the Department of Conservation and Land Management in written
laws.
17 On the date as at which this reprint was prepared, the
Conservation and Land Management Amendment Act 1991 s. 51 had
not come into operation. It reads as follows:
“
51. Part IXA inserted
After section 125 of the principal Act the following Part is
inserted —
“
Part IXA — Nature
Conservation Trust of Western Australia
125A. Nature Conservation Trust established
(1) There is established a body corporate to be called the Nature
Conservation Trust of Western Australia (in this Part called “the
Trust”).
(2) The Trust —
(a) has perpetual succession and a common seal; and
(b) is capable of suing and being sued and doing and suffering such acts
and things as bodies corporate may lawfully do and suffer.
(3) The Trust is an agent of the Crown in right of the State.
125B. Membership etc. of the Trust
(1) The Trust shall have 6 members of whom —
(a) 5 are to be appointed by the Minister; and
(b) one is to be a member of the Authority from time to time nominated by
the Authority.
(2) The Minister shall appoint a member of the Trust to be chairperson and
another to be deputy chairperson of the Trust.
(3) A member of the Trust shall be paid from moneys appropriated by
Parliament such remuneration and travelling and other allowances as are
determined in his case by the Minister on the recommendation of the Public
Service Commissioner.
(4) A member of the Trust is not personally liable for any act done or
omitted to be done in good faith by the Trust or by him in the performance of
any function under this Part.
(5) A member of the Trust holds office for such term not exceeding
3 years as is specified in the instrument of the member’s
appointment, but may from time to time be re-appointed.
(6) Except as provided in this section —
(a) the constitution and proceedings of the Trust;
(b) the terms and conditions of appointment of members of the Trust;
and
(c) the grounds on which a member may be removed from office,
are as prescribed by regulations and subject to this Part and any such
regulations the Trust may regulate its own procedure.
125C. Functions of the Trust
(1) The functions of the Trust are —
(a) to seek and encourage the making of donations and testamentary gifts
to the Trust for the purposes described in paragraphs (b), (c)
and (d);
(b) to acquire land that it considers suitable for reservation under the
Land Act 1933 2 as or as part of —
(i) a national park;
(ii) a conservation park;
(iii) a reserve of Class A for the conservation of flora or fauna or both
flora and fauna; or
(iv) a marine nature reserve or marine park;
(c) to transfer land acquired to Her Majesty to enable it to be reserved
under the Land Act 1933 2 for a purpose referred to
in paragraph (b) and vested in the Authority;
(d) to preserve and protect by whatever lawful means appear expedient, and
raise public awareness of, indigenous flora and fauna, particularly endangered
species of indigenous flora and fauna; and
(e) to control and manage the Trust Fund to achieve the objects of this
section.
(2) The Trust may do all things that are necessary or convenient to be
done for or in connection with the performance of its functions.
125D. Effect of transfer
(1) Land that is transferred to Her Majesty as mentioned in
section 125C(1) is by virtue of that transfer —
(a) revested in Her Majesty as of her former estate;
(b) removed from the operation of the Transfer of Land
Act 1893; and
(c) constituted Crown land within the meaning of that expression in the
Land Act 1933 2,
but the land must be reserved under the Land Act 1933 2
for the purpose for which it is so transferred.
(2) If the transfer of any land to Her Majesty results in the discharge of
an estate or interest that is registered or recorded in the register book as an
encumbrance on the land the person who was entitled to the benefit of that
encumbrance immediately before the transfer may claim compensation for the value
of that encumbrance.
(3) Any claim for compensation under subsection (2) shall be made and
be dealt with under the Public Works Act 1902 as if the estate or
interest in the land in respect of which compensation is claimed had been
resumed under that Act by notice published in the Government Gazette
under section 17(1) of that Act.
(4) A claim referred to in subsection (3) shall be made on the
Minister to whom the administration of the Public Works Act 1902 is
for the time being committed, but any compensation shall be paid out of the
Trust Fund.
125E. Part of the land may be disposed of
If in order to acquire land that is suitable for reservation as mentioned
in section 125C(1) it is necessary for the Trust to acquire that land
together with other land that is not suitable, the Trust, notwithstanding that
subsection —
(a) may subdivide the land;
(b) may sell the land that is not suitable; and
(c) shall pay the proceeds of sale to the Trust Fund.
125F. Trust Fund
(1) Moneys received by the Trust for the purposes of this Part shall be
paid to the credit of an account at the Treasury to be called the Nature
Conservation Trust Fund (in this Part referred to as the Trust Fund) and may
only be applied for the purposes of, and in accordance with, this
Part.
(2) All expenditure incurred by the Trust for the purpose of performing
its functions shall be paid from the Trust Fund.
(3) Moneys standing to the credit of the Trust Fund are subject to the
directions of the Trust and may be transferred to the Trust for the purposes of
carrying this Part into effect or otherwise applied for the purposes of the
Trust.
(4) Moneys standing to the credit of the Trust Fund may, until required by
the Trust for the purposes of this Part, be temporarily invested as the
Treasurer directs in any securities in which money standing to the credit of the
Public Bank Account, as constituted under the Financial Administration and
Audit Act 1985, may lawfully be invested and the Treasurer shall cause
all interest derived from the investment to be paid to the credit of the Trust
Fund.
125G. Ministerial directions
(1) The Minister may give directions in writing to the Trust with respect
to the performance of its functions, either generally or in relation to a
particular matter, and the Trust shall give effect to any such
direction.
(2) The text of any direction given under subsection (1) shall be
included in the annual report submitted by the accountable authority of the
Trust under section 66 of the Financial Administration and Audit
Act 1985.
125H. Minister to have access to information
(1) For parliamentary purposes or for the proper conduct of the
Minister’s public business, the Minister is entitled to have information
in the possession of the Trust and to have and retain copies of
documents.
(2) For the purpose of subsection (1) the Minister
may —
(a) request the Trust to furnish information to the Minister;
(b) request the Trust to give the Minister access to
information;
(c) for the purposes of paragraph (b) make use of staff assisting the
Trust to obtain the information and furnish it to the Minister.
(3) The Trust shall comply with a request under subsection (2) and
make available to the Minister, for the purposes of paragraph (c) of that
subsection, the facilities of, and the staff assisting, the Trust.
(4) In this section —
“document” includes any data that is recorded or stored
mechanically, photographically, or electronically and any tape, disc or other
device or medium on which it is recorded or stored;
“information” means documents or other information
relating to the functions of the Trust being information, as so defined,
specified, or of a description specified, by the Minister;
“parliamentary purposes” means the purpose
of —
(a) answering a question asked in a House of Parliament; or
(b) complying with a written law, or an order or resolution of a House of
Parliament, that requires information to be furnished to a House of
Parliament.
125I. Staff and support
The Executive Director shall provide the Trust with the services of such
officers and with such facilities and support as the Trust may reasonably
require to perform its functions.
125J. Execution of documents by Trust
(1) A document is duly executed by the Trust if —
(a) the common seal of the Trust is affixed to it in accordance with
subsections (2) and (3); or
(b) it is signed on behalf of the Trust by the member or members or
officer or officers of the Trust authorised by the Trust to do so.
(2) The common seal of the Trust shall not be affixed to any document
except by resolution of the Trust.
(3) The common seal of the Trust shall be affixed to a document in the
presence of not less than 2 members.
(4) A document purporting to be executed in accordance with this section
shall be presumed to be duly executed until the contrary is shown.
(5) When a document is produced bearing a seal purporting to be the common
seal of the Trust, it shall be presumed that seal is the common seal of the
Trust until the contrary is shown.
(6) All courts and persons acting judicially shall take notice of the
common seal of the Trust.
125K. Applications of Financial Administration and Audit
Act 1985
Subject to this Part, the provisions of the Financial Administration
and Audit Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of the Trust and its
operations.
125L. Review
(1) The Minister shall carry out a review of the operations and the
effectiveness of the Trust as soon as is practicable after the expiry of
5 years from its establishment and in the course of that review the
Minister shall consider and have regard to —
(a) the desirability of the continuation of the functions of the Trust;
and
(b) such other matters as appear to the Minister to be relevant to the
operations and effectiveness of the Trust.
(2) The Minister shall prepare a report based on the review carried out
under subsection (1) and shall, as soon as practicable, cause that report
to be laid before each House of Parliament.
”.
”.
18 On the date as at which this reprint was prepared, the
Offshore Minerals (Consequential Amendments) Act 2003 Pt. 3 had
not come into operation. It reads as follows:
“
Part 3 — Amendments to
Conservation and Land Management Act 1984
11. The Act amended by this Part
The amendments in this Part are to the Conservation and Land
Management Act 1984.
12. Section 3 amended
Section 3 is amended, in the definition of “Minister for
Mines”, by inserting after “Mining
Act 1978,” —
“ the Offshore Minerals Act 2003,
”.
13. Section 4 amended
Section 4(1) is amended by inserting after “Mining
Act 1978,” —
“ the Offshore Minerals Act 2003,
”.
14. Section 13C amended
(1) Section 13C(2) is amended, in the definition of “commercial
purposes”, by inserting after paragraph (b) the following
paragraph —
“
(ba) exploration for and recovery of minerals under the
Offshore Minerals Act 2003;
”.
(2) Section 13C(7) is amended as follows:
(a) after paragraph (a) by deleting “and” and
inserting —
“
(aa) exploration for and recovery of minerals under the
Offshore Minerals Act 2003; and
”;
(b) in paragraph (b) by deleting “those Acts” and
inserting instead —
“ the Acts mentioned in paragraphs (a) and (aa)
”.
15. Section 60 amended
Section 60(2b) is amended by inserting after “Mining
Act 1978,” —
“ the Offshore Minerals Act 2003,
”.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
agency 26D(7)
aquaculture 3
associated
body 3
authorised land officer 17A(8)
authorised
officer 102(1)
authorised person 81
biodiversity 3
biodiversity
components 3
business undertaking 34A(3)
CEO 3
chief executive
officer 26D(7)
commercial fishing 3
commercial
purposes 13C(2)
compatible operations 33A(2)
conservation and land
management officer 3
Conservation Commission 3
conservation
park 3
Conservator 145
contract 87(1)
contract of
sale 87(1)
controlling body 27, 53
Crown land 11,
87(1)
Department 3
designated park or
reserve 138(3)
Director 23(6)
disease
area 81
document 25(4)
drilling reservation 13E(1)
essential
works 99A(2)
excluded waters 5(2)
Executive
Body 3
fauna 3
firewood 3
Fisheries Department 3
flora 3
forest
lease 3
forest officer 3
forest produce 3, 87(1)
forest
products 3
Forest Products Commission 3
Forests Department 145
former
authority 145
former provision 148(4)
geothermal
energy 13C(1aa)
geothermal energy
resources 13C(1aa)
infected 81
information 25(4)
land 3, 17(8), 53,
98(2)
Land Administration Minister 3
land to which this Part
applies 102(1)
lease 13E(1)
licence 13E(1), 87(1)
management
plan 3
Marine Authority 3
Marine Committee 3
marine management
area 3
marine nature reserve 3
marine park 3
marine
reserve 3
member 3
mining tenement 96(5), 130A(2)
Minister for
Fisheries 3
Minister for Forest Products 3
Minister
for Mines 3
Minister (Water Resources) 3
national park 3
National
Parks Authority 145
nature reserve 3
nature reserves 130(3)
NCNP
Account 68(1)
necessary operations 33A(1)
owner 34B(8), 81
Part VIII
Division 1 authorisation 103(2c)
pastoral region 108C(3)
pearling
activity 3
permit 13E(1), 87(1)
petroleum
authorisation 13E(1)
petroleum law 13E(1)
pipeline
licence 13E(1)
potential carrier 81
private land 33(8)
production
contract 22(3)
proposed notice 62A(1)
public land 81
public water
catchment area 3
ranger 3
recreational fishing 3
relevant
offence 124(7)
relevant water utility 53
renewal 13E(1)
repealed
Act 145
risk area 81
road 81
scientific
officer 26H(3)
staff 25(4)
State forest 3
State
forests 128(2)
take 101A
timber 3
timber
reserve 3
tree 3
use 33(8)
vehicle 81
vested 7(6)
Western
Australian waters 13(8)
Western Australian Wildlife Authority 145
wildlife
officer 3