Western Australian Consolidated Acts

CONSERVATION AND LAND MANAGEMENT ACT 1984 - SECT 7

7 .         Vesting

        (1)         A State forest or timber reserve is by this subsection vested in the Conservation Commission.

        (2)         Lands which after the commencement of this Act are reserved under Part III of the Land Act 1933  ² , or Part 4 of the Land Administration Act 1997 , for the purpose of a national park or for the conservation of flora or fauna, or both flora and fauna, are by this subsection vested in the Conservation Commission unless —

            (a)         the reservation is made by order; and

            (b)         by that order —

                  (i)         the national park or nature reserve is vested, within the meaning of the Land Act 1933  ² , in; or

                  (ii)         the care, control and management of the national park or nature reserve are placed under Part 4 of the Land Administration Act 1997 with,

                some other person or persons.

        (2a)         A conservation park is by this subsection vested in the Conservation Commission.

        (3)         Lands which immediately before the commencement of this Act were national parks under section 17(1)(b) or 18 of the National Parks Authority Act 1976  ⁵ are by this subsection vested in the Conservation Commission.

        (4)         A nature reserve under section 6(1) of the Wildlife Conservation Act 1950 which immediately before the commencement of this Act —

            (a)         was vested, within the meaning of the Land Act 1933  ² , in the Western Australian Wildlife Authority constituted under the first-mentioned Act either solely or jointly with some other body or bodies; or

            (b)         was not vested, within the meaning of the Land Act 1933  ² , in any person,

                is by this subsection vested in the Conservation Commission solely or jointly with that other body or those bodies, as the case may be, but in the case of a jointly vested nature reserve —

            (c)         the functions of any associated body in relation to the nature reserve are limited to those conferred on an associated body by this Act; and

            (d)         if the interest in the reserve of an associated body is divested by order under the Land Administration Act 1997 without another body being substituted for it by that order, that interest, notwithstanding that Act, by this paragraph becomes vested in the Conservation Commission.

        (5)         A marine nature reserve, marine park or marine management area is by this subsection vested in the Marine Authority.

        (6)         In this section, except where the contrary intention appears, "vested" has the meaning assigned to it by sections 19(3) and 26B(2), as the case may require.

        [Section 7 amended by No. 20 of 1991 s. 7; No. 5 of 1997 ⁶ s. 8; No. 31 of 1997 s. 15(2), (4) and 141; No. 35 of 2000 s. 6 and 50; No. 74 of 2003 s. 39(4).]