Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make regulations prescribing all forms, fees, and matters which by this Act
are required or permitted to be prescribed, or are convenient for carrying
into or facilitating the operation of the provisions of this Act, and, in
particular and without prejudice to the generality of this power, may make
regulations —
[(a)-(am) deleted]
(an)
prescribing all or any matters or things considered necessary or desirable by
the Governor to give effect to the provisions of section 18, and without
limiting the generality of the powers conferred on the Governor by this
paragraph, the regulations may make provision for all or any of the
following —
(i)
prescribing methods of collecting royalty payable under
this Act and the manner of payment thereof;
(ii)
the branding or marking of, or the affixing of a
prescribed tag to, skins or carcasses, or the doing of any other act or thing
to indicate that royalty is payable thereon or has been paid thereon in
accordance with this Act;
(iii)
regulating the manufacture, issue, sale and use of such
tags and prescribing the fee payable therefor;
(iv)
prohibiting dealings in protected flora or in fauna or
the carcasses thereof or the tanning or dressing of skins thereof until all
royalty payable thereon has been paid;
(v)
prescribing the powers and duties of officers with
respect to the collection of royalty;
(b)
limiting the number of persons that may be allowed to take fauna in any one
locality at any one time and regulating the activities of those persons with
respect to the taking of fauna;
(c)
controlling and regulating the sale or disposal of protected flora or of live
or dead fauna for gain or reward;
(d)
prescribing the conditions under which fauna may be kept in captivity;
(e)
prescribing the particulars to be recorded and kept available for inspection
in accordance with the requirements of this Act and the manner in which the
particulars are to be recorded, and prescribing the matters to be recorded in
returns and the times and manner of furnishing returns to the Minister;
(f)
prescribing matters relating to research which the Minister causes to be
carried out, into the conservation of fauna or flora, and, without limiting
the generality of the foregoing provisions of this paragraph, prohibiting all
such acts, matters and things as do or are likely to hinder or obstruct or
otherwise adversely affect the carrying out of that research;
(g)
subject to section 15A, prescribing the licences required under and for
the purposes of the provisions of this Act, and the minimum and maximum fees
payable for any licence, enabling the differentiation of fees payable in
respect of any particular kind of licence;
(h)
providing penalties, not exceeding $2 000, for the breach of any
regulation and providing for the manner of the sale or disposal of any
instrument, weapon, illegal device, or other things forfeited to the Crown in
accordance with the provisions of section 27A;
(i)
prescribing the animals or the species of animals which
may be prohibited from being brought into the State under the provisions of
section 17; and
(j)
prescribing the maximum number of any species of fauna that a person may take
during any period or periods of time in an open season and the maximum number
that a person may have under his control or in his possession or keep in any
cool store or any freezing chamber or other premises at any one time.
(2) Regulations may be
made to apply or to have operation throughout the State or any prescribed part
or parts of the State, may be of general or specially limited application
according to time, place, purposes or circumstances, and may be general or
restricted to any prescribed class or subject matter.
[Section 28 amended by No. 38 of 1954
s. 16; No. 45 of 1967 s. 26; No. 99 of 1969 s. 17;
No. 67 of 1975 s. 33; No. 86 of 1976 s. 21 and 22;
No. 34 of 1977 s. 8; No. 112 of 1984 s. 15; No. 58 of
1985 s. 10; No. 18 of 1992 s. 8; No. 57 of 1997
s. 132(21), (23) and (24); No. 74 of 2003 s. 133.]