Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The functions of
the Conservation Commission are —
(a) to
have vested in it State forest, timber reserves, national parks, conservation
parks, nature reserves, relevant land referred to in section 5(1)(g) and
to have the joint function provided for by section 7(4);
(b) to
have the care, control and management of relevant land referred to in
section 5(1)(h) placed with it;
(c) to
develop policies —
(i)
for the preservation of the natural environment of the
State and the provision of facilities for the enjoyment of that environment by
the community;
(ii)
for promoting the appreciation of flora and fauna and the
natural environment; and
(iii)
to achieve or promote the objectives referred to in
section 56(1)(a), (b), (c), (d) and (e);
(d) to
advise the Minister on the development of policies for the conservation and
management of biodiversity and biodiversity components throughout the State;
(e) to
consider, in accordance with section 17, any cancellation, change of
purpose or boundary alteration in respect of land vested, whether solely or
jointly with an associated body, in the Conservation Commission;
(f) to
submit proposed management plans to the Minister as provided in Part V in
respect of land vested, whether solely or jointly with an associated body, in
the Conservation Commission;
(g) in
relation to management plans for land vested, whether solely or jointly with
an associated body, in the Conservation Commission —
(i)
to develop guidelines for monitoring and assessing the
implementation of the management plans by the CEO;
(ii)
to set performance criteria for assessing and auditing
the performance of the CEO and the Forest Products Commission in carrying out
and complying with the management plans; and
(iii)
to assess and audit the performance of the CEO and the
Forest Products Commission in carrying out and complying with the management
plans;
(h) to
advise the Minister on the application of the principles of ecologically
sustainable forest management in the management of —
(i)
State forest and timber reserves; and
(ii)
forest produce throughout the State;
(i)
to advise the Minister on the production and harvesting,
on a sustained yield basis, of forest produce throughout the State;
(j) to
inquire into and, subject to subsection (6), to advise the Minister on
any matter on which the Minister requests advice;
(k) to
provide advice, upon request, on matters relating to land and waters vested in
the Conservation Commission, whether solely or jointly with an associated
body, to any body or person, if the provision of the advice is in the public
interest and it is practicable for the Conservation Commission to provide it;
and
(l) with
the approval of the Minister, to cause study or research to be undertaken for
the purposes of paragraph (c).
(2) For the purposes
of subsection (1)(h) the principles of ecologically sustainable forest
management are —
(a) that
the decision-making process should effectively integrate both long-term and
short-term economic, environmental, social and equitable considerations;
(b) that
if there are threats of serious or irreversible environmental damage, the lack
of full scientific certainty should not be used as a reason for postponing
measures to prevent environmental degradation;
(c) that
the present generation should ensure that the health, diversity and
productivity of the environment is maintained or enhanced for the benefit of
future generations;
(d) that
the conservation of biological diversity and ecological integrity should be a
fundamental consideration in decision-making; and
(e) that
improved valuation, pricing and incentive mechanisms should be promoted.
(3) It is declared
that the vesting in the Conservation Commission of State forest, timber
reserves, national parks, conservation parks and nature reserves is only for
the purposes of subsection (1)(c), (d), (e), (f), (g), (h), (i), (k) and
(l) and does not otherwise limit the functions of the CEO under
section 33.
(4) Despite the Land
Act 1933 2 , land to which section 5(1)(g) applies that is
vested in the Conservation Commission, including the land referred to in
section 155, is only vested within the meaning in subsection (3).
(5) Despite the
Land Administration Act 1997 , the placing of the care, control and
management of land to which section 5(1)(h) applies with the Conservation
Commission is only for the purposes referred to in subsection (3).
(6) The Conservation
Commission shall not advise the Minister on any matter to which this
subsection applies unless, before the advice is tendered, it has —
(a)
informed each local government in whose district land directly affected by the
advice is situated of the general nature of its proposed advice; and
(b)
afforded the local government a reasonable opportunity to make submissions on
its proposed advice.
(7)
Subsection (6) applies to —
(a) any
proposal to establish a new State forest, timber reserve, national park,
conservation park or nature reserve or to enter into an agreement under
section 16 for the management of land as a State forest, timber reserve,
national park, conservation park or nature reserve; and
(b) any
matter to which the Minister, by written direction to the Conservation
Commission, applies that subsection.
(8) Where a matter
before the Conservation Commission is relevant to the functions of the Forest
Products Commission, the Conservation Commission shall refer that matter to
the Forest Products Commission for its comments and advice.
(9) Where a matter
before the Conservation Commission is relevant to the management of land or
waters vested in the Marine Authority, or is otherwise relevant to the
functions of the Marine Authority, the Conservation Commission shall refer
that matter to the Marine Authority for its comments and advice.
(10)
Where —
(a) the
Conservation Commission has provided advice to the Minister which the Minister
has requested under subsection (1)(j), or is required by this Act to
consider or take into account;
(b) the
advice recommends that the Minister take or refrain from taking specified
action; and
(c) the
Minister decides to act otherwise than in accordance with the recommendation,
the Minister is to
cause a copy of the advice and the decision to be laid before each House of
Parliament within 14 sitting days of that House after the making of the
decision.
[Section 19 inserted by No. 35 of 2000
s. 10; amended by No. 74 of 2003 s. 39(6)-(8); No. 28 of
2006 s. 208.]