Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The functions of
the CEO are, subject to the direction and control of the Minister —
(a) to
manage land —
(i)
to which this Act applies; or
(ii)
which becomes subject to the management of the CEO under
subsection (2),
and the associated
forest produce, fauna and flora;
(b) to
provide the Conservation Commission, the Marine Authority and the Marine
Committee with such assistance as they may reasonably require to perform their
functions;
(ba)
without limiting paragraph (b) or section 20(2), to provide the
Conservation Commission with any staff and facilities of the Department that
it may reasonably require to perform its functions;
(bb) to
enter into a memorandum of understanding with the Forest Products Commission
relating to the performance of the CEO’s and that Commission’s
respective functions and to any other prescribed matter;
[(c) deleted]
(ca) to
promote and encourage the use of flora for therapeutic, scientific or
horticultural purposes for the good of people in this State or elsewhere, and
to undertake any project or operation relating to the use of flora for such a
purpose;
(cb) to
use, for the purposes of making improvements to any land to which this Act
applies, any forest produce that becomes available for use from the carrying
out of —
(i)
necessary operations, within the meaning in
section 33A(1), on nature reserves;
(ii)
compatible operations, within the meaning in
section 33A(2), on national parks and conservation parks; or
(iii)
operations, in accordance with the provisions of
section 56 applicable to the land, on land vested in, or on land the
care, control and management of which are placed with, the Conservation
Commission that is State forest, a timber reserve or land referred to in
section 5(1)(g) or (h);
(cc) to
promote and encourage the planting of trees and other plants for the purposes
of the rehabilitation of land or the conservation of biodiversity throughout
the State, and to undertake any project or operation relating to the planting
of trees or other plants for such a purpose;
(d) to
be responsible for the conservation and protection of flora and fauna
throughout the State;
(da) to
promote and facilitate public recreation, in accordance with this Act, on land
to which this Act applies;
(db) to
be responsible for the permanent preservation of the plant collections of the
Western Australian Herbarium and to care for and extend those collections;
(dc)
subject to paragraph (dd), to promote the conservation of water, as to
both quantity and quality, on land referred to in paragraph (a);
(dd) to
develop policies that provide for water to be taken from land referred to in
paragraph (a);
(e) to
carry out or cause to be carried out such study or research of or
into —
(i)
the management of land to which this Act applies;
(ii)
the conservation and protection of flora and fauna;
(iii)
the taxonomy of flora and introduced plants; and
(iv)
any other matter related to a function of the CEO,
as the Minister may
approve;
(f) to
provide advice to, or undertake work for or jointly with, and to supply
services or facilities to, any department, public or private body or other
person, whether in the State or elsewhere if the Minister is of the opinion
that the provision of that advice or the undertaking of that work is in the
public interest;
(g) upon
request by the Land Administration Minister, to advise him on the reservation,
alienation, and disposal of Crown land in rural areas under that Act;
(h) to
perform any other function prescribed for the purposes of this paragraph.
(2) Upon the
recommendation of the Minister and the Land Administration Minister, the
Governor may place under the management of the CEO any Crown land within the
meaning of the Land Administration Act 1997 or land —
(a)
reserved under Part 4 of that Act, but the care, control and management
of which are not placed with any person under that Act; or
(b)
reserved, but not vested in any person, under any other Act.
(3) The management of
land referred to in subsection (1)(a)(i) and the associated forest
produce, flora and fauna shall be carried out —
(a)
where there is a management plan for the land, in accordance with that plan;
or
(b)
where there is for the time being no such plan —
(i)
in the case of nature reserves and marine nature
reserves, in such a manner that only necessary operations, within the meaning
in section 33A(1) are undertaken;
(ii)
in the case of national parks, conservation parks, marine
parks and marine management areas, in such a manner that only compatible
operations, within the meaning in section 33A(2), are undertaken; or
(iii)
in any other case, in accordance with the provisions of
section 56 applicable to the land.
(4) A function
referred to in paragraph (dc) or (dd) of subsection (1) shall be
carried out, where there is a management plan for land to which that paragraph
applies, in accordance with that plan and without limiting the operation of
the Rights in Water and Irrigation Act 1914 .
(5) Nothing in
subsection (1) shall be read as limiting the functions of the
Conservation Commission or the Marine Authority under sections 19 and 26B
respectively.
(6) To promote and
encourage the use of flora for therapeutic, scientific or horticultural
purposes mentioned in subsection (1)(ca) the Minister and the CEO may
enter into an agreement with another person under which the Minister and the
CEO agree to exercise the powers under the Wildlife Conservation Act 1950
and this Act to grant, issue or refuse licences or permits to take or remove
forest produce or other flora in a manner that has the effect to conferring on
the other person an exclusive or preferential right to take or remove forest
produce or other flora referred to in the agreement from land (other than
private land) referred to in the agreement.
(7) The exercise of
powers in accordance with an agreement under subsection (6) is valid and
effective.
(8) In
subsection (1)(ca) and subsection (6) use includes use or
development on a commercial basis, and in subsection (6) private land has
the same meaning as it has in the Wildlife Conservation Act 1950 .
(9) A copy of a
memorandum of understanding made under subsection (1)(bb) must be tabled
in each House of Parliament not later than 14 sitting days of each House from
the day on which that memorandum of understanding was executed.
[Section 33 amended by No. 20 of 1991
s. 21; No. 49 of 1993 s. 7; No. 5 of 1997 s. 21;
No. 31 of 1997 s. 15(14) and 141; No. 35 of 2000 s. 15;
No. 74 of 2003 s. 39(9); No. 28 of 2006 s. 193, 208 and 209.]