Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the contrary intention appears —
“aquaculture” has the same meaning as
in the Fish Resources Management Act 1994 ;
“associated body” , in relation to a
nature reserve, means a body in which the nature reserve is, by
section 7(4), vested jointly with the Conservation Commission or jointly
with the Conservation Commission and some other person;
"biodiversity" means the variability among living
biological entities and the ecosystems and ecological complexes of which those
entities are a part and includes —
(a)
diversity within native species and between native species;
(b)
diversity of ecosystems; and
(c)
diversity of other biodiversity components;
"biodiversity components" includes habitats,
ecological communities, genes and ecological processes;
"CEO" means the chief executive officer of the
Department;
“commercial fishing” has the same
meaning as in the Fish Resources Management Act 1994 ;
“conservation and land management
officer” means an officer of the Department designated as a conservation
and land management officer under section 45(1)(d);
"Conservation Commission" means the Conservation
Commission of Western Australia established by section 18;
“conservation park” has the meaning
assigned to it by sections 6(4) and 16B(3);
“Department” means the department of
the Public Service principally assisting in the administration of this Act;
“Executive Body” means the
Conservation and Land Management Executive Body established by
section 36;
“fauna” means fauna for the time being
within the meaning of that term in the Wildlife Conservation Act 1950 ;
“firewood” includes parts of trees of
all species made up into bundles, billets, or loads, or cut up in the manner
it is usual to cut wood for burning, and residue wood generally;
“Fisheries Department” means the
Department for the purposes of the Fish Resources Management Act 1994 ;
“flora” means flora for the time being
within the meaning of that term in the Wildlife Conservation Act 1950 ;
“forest lease” means a lease granted
under section 97;
“forest officer” means an officer of
the Department designated as a forest officer under section 45(1)(b);
“forest produce” includes trees, parts
of trees, timber, sawdust, chips, firewood, charcoal, gum, kino, resin, sap,
honey, seed, bees-wax, rocks, stone and soil but, subject to the foregoing,
does not in Division 1 of Part VIII include minerals within the meaning
of the Mining Act 1978 ;
"forest products" has the same meaning as it has
in the Forest Products Act 2000 ;
"Forest Products Commission" means the
Forest Products Commission established by the Forest Products Act 2000 ;
“land” includes —
(a)
tidal land;
(b)
tidal waters in any inlet, estuary, lagoon, river, stream or creek; and
(c) the
waters of any inlet, estuary, lake, lagoon or swamp or of any river, stream or
creek whether flowing continuously or intermittently;
"Land Administration Minister" means the Minister
to whom the administration of the Land Administration Act 1997 is
committed;
“management plan” means a management
plan approved under section 60 or an indicative management plan approved
under section 14;
“Marine Authority” means the Marine
Parks and Reserves Authority established by section 26A;
“Marine Committee” means the Marine
Parks and Reserves Scientific Advisory Committee established by
section 26F;
“marine management area” has the
meaning assigned to it by sections 6(6) and 16B(3);
“marine nature reserve” has the
meaning assigned to it by sections 6(6) and 16B(3);
“marine park” has the meaning assigned
to it by sections 6(6) and 16B(3);
“marine reserve” means a marine nature
reserve, a marine park or a marine management area;
"member" means a member of the
Conservation Commission, the Marine Authority or the Marine Committee;
“Minister for Fisheries” means the
Minister to whom the administration of the
Fish Resources Management Act 1994 and the Pearling Act 1990 is
committed, or each of the Ministers to whom their administration is committed;
"Minister for Forest Products" means the Minister
to whom the administration of the Forest Products Act 2000 is committed;
“Minister for Mines” means the
Minister to whom the administration of the Mining Act 1978 , the
Petroleum and Geothermal Energy Resources Act 1967 , the
Petroleum (Submerged Lands) Act 1982 and the
Petroleum Pipelines Act 1969 is committed, or each of the Ministers to
whom their administration is committed;
“Minister (Water Resources)” means the
Minister administering the Water Agencies (Powers) Act 1984 ;
“national park” has the meaning
assigned to it by sections 6(3) and 16B(3);
“nature reserve” has the meaning
assigned to it by sections 6(5) and 16B(3);
“pearling activity” means pearling or
hatchery activity within the meaning of the Pearling Act 1990 ;
"public water catchment area" means —
(a) land
which is reserved under Part 4 of the Land Administration Act 1997
for water supply purposes and the care, control and management of which are
placed with the Minister (Water Resources) under that Act;
(b) a
catchment area or water reserve constituted by order in council or
proclamation under —
(i)
the Country Areas Water Supply Act 1947 ;
(ii)
the Metropolitan Water Supply, Sewerage, and Drainage
Act 1909 ; or
(iii)
the Water Boards Act 1904 ;
or
(c) an
Underground Water Pollution Control Area constituted by proclamation under the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 ;
“ranger” means an officer of the
Department designated as a ranger under section 45(1)(c);
“recreational fishing” has the same
meaning as in the Fish Resources Management Act 1994 ;
“State forest” has the meaning
assigned to it by sections 6(1) and 16B(3);
“timber” includes trees when they have
fallen or have been felled, and whether sawn, hewn, split or otherwise
fashioned;
“timber reserve” has the meaning
assigned to it by sections 6(2) and 16B(3);
“tree” includes shrubs, bushes,
seedlings, saplings, and re-shoots of all kinds and of all ages;
“wildlife officer” means an officer of
the Department designated as a wildlife officer under section 45(1)(a).
[Section 3 amended by No. 113 of 1987
s. 32; No. 20 of 1991 s. 4; No. 49 of 1993 s. 4;
No. 14 of 1996 s. 4; No. 5 of 1997 s. 4; No. 35 of 2000
s. 4; No. 74 of 2003 s. 39(2); No. 28 of 2006 s. 183;
No. 77 of 2006 s. 17; No. 35 of 2007 s. 92(2); No. 38 of 2007
s. 191(2).]