Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the context requires otherwise —
animal means any living thing that is not a human
being or a plant and includes in relation to any such animal the eggs, larvae
or semen;
carcass includes any part of a carcass;
CEO has the meaning given by section 3 of the
Conservation and Land Management Act 1984 ;
class in relation to animals, means any group or
grouping of animals;
close season means, in relation to any of the
fauna, the period of time during which that fauna is, subject to the
provisions of this Act, protected from being taken;
Crown land means all land other than private land;
fauna means, subject to sections 20(6) and
27(4) —
(a) any
animal indigenous to any State or Territory of the Commonwealth or the
territorial waters of the Commonwealth;
(b) any
animal that periodically migrates to and lives in any State or Territory of
the Commonwealth or the territorial waters of the Commonwealth; and
(c) any
animal declared as fauna pursuant to subsection (2),
and includes in relation to any such
animal —
(d) any
class or individual member thereof;
(e) the
eggs, larvae or semen;
(f) the
carcass, skin, plumage or fur thereof,
but does not include any prescribed animal or
prescribed class of animal;
flora means any plant (including any wildflower,
palm, shrub, tree, fern, creeper or vine) which is —
(a)
native to the State; or
(b)
declared to be flora pursuant to subsection (4),
and includes any part of flora and all seeds and
spores thereof;
honorary wildlife officer means a person appointed
to be an honorary wildlife officer under section 46 of the Conservation
and Land Management Act 1984 ;
illegal device means any specified device declared
to be an illegal device by the regulations and any specified device which is
used in a manner other than that prescribed for its use by the regulations;
illegal means means any specified means declared
to be an illegal means, and any specified means used in a manner other than
that prescribed by the regulations;
keep means to have in possession or control in any
place whatsoever even though another person may have the actual possession or
custody of the animal in question;
licence means a licence issued pursuant to the
provisions of this Act;
nature reserve has the meaning assigned to it
by sections 6(5) and 16B(3) of the Conservation and
Land Management Act 1984 ;
open season means, in relation to any of the
fauna, the period of time during which that fauna may, subject to the
provisions of this Act, be taken;
private land means any land that has been or may
hereafter be alienated from the Crown for any estate of freehold, or is or may
hereafter be the subject of any conditional purchase agreement, or of any
lease or concession with or without a right of acquiring the fee simple
thereof other than for pastoral or timber purposes;
processing establishment means any land, building,
tent or other structure of any kind or any vehicle, boat or other conveyance
of any kind on or in which processing of fauna other than fish is carried out
for the purposes of sale;
protected means, in relation to any of the fauna,
protected from being taken, and protection has a corresponding meaning;
protected flora means, any flora for the time
being declared to be protected flora for the purposes of this Act;
skin includes any part of a skin;
to process in relation to any fauna other than
fish means to cut, skin, treat, chill, freeze, can, cure, pack or preserve any
part of the fauna and derivatives and inflections have corresponding meanings;
to sell means to sell by wholesale or retail, or
to barter or exchange, and includes to supply for profit, offer for sale,
receive for sale, having possession for sale, expose for sale, send forward or
deliver for sale, cause or suffer or allow to be sold, and to dispose or offer
for disposal under hire-purchase agreement, and derivatives and inflections
have corresponding meanings;
to take in relation to any fauna, includes to kill
or capture any fauna by any means or to disturb or molest any fauna by any
means or to use any method whatsoever to hunt or kill any fauna whether this
results in killing or capturing any fauna or not; and also includes every
attempt to take fauna and every act of assistance to another person to take
fauna and derivatives and inflections have corresponding meaning;
to take in relation to any flora includes to
gather, pluck, cut, pull up, destroy, dig up, remove or injure the flora or to
cause or permit the same to be done by any means;
wildlife officer means an officer designated as
such under section 45(1)(a) of the Conservation and Land Management
Act 1984 or an honorary wildlife officer when performing a function
conferred on the officer that is referred to in section 46(3) of that
Act;
wildlife sanctuary means an area of land which is
the subject of an agreement made under section 16 of the Conservation and
Land Management Act 1984 for management as a nature reserve.
(1a) Where any fauna
or flora is taken in any part of the State where the fauna or flora is
protected, that fauna or flora shall continue to be protected notwithstanding
that it may have been removed from that part of the State to another part
where the same species, class or description of fauna or flora is not
protected.
(2) The Minister may
by notice declare any animal or any class of animal specified in the notice to
be fauna for the purposes of this Act either generally or in relation to the
time and place specified in the notice, and the animal or class of animal so
specified shall be fauna for the purposes of this Act either generally or in
relation to the time and place specified in terms of the notice.
(3) Any notice
published pursuant to subsection (2) may be varied or cancelled by the
Minister by subsequent notice published in the Government Gazette .
(3a) Every notice
under subsection (2) or subsection (3) shall be published in the
Government Gazette and shall take effect, subject to the provisions of
section 42 of the Interpretation Act 1984, as though it were a
regulation.
(4) The Minister
may —
(a) by
notice published in the Government Gazette declare any class or description of
plant (including any wildflower, palm, shrub, tree, fern, creeper or vine)
specified in the notice which is not native to the State to be flora for the
purposes of this Act in any part or parts of the State specified; and
(b) by
notice so published vary or revoke any notice published under
paragraph (a).
(5) Notwithstanding
anything to the contrary contained in the preceding provisions of this section
any plant (including any wildflower, palm, shrub, tree, fern, creeper or vine)
which is a declared plant within the meaning of the
Agriculture and Related Resources Protection Act 1976 throughout the
whole of the State or in any part of the State, shall not be flora for the
purposes of this Act throughout the State or in that part of the State, as the
case requires.
(6) The Minister
may —
(a) by
notice published in the Government Gazette declare any class or description of
flora to be protected flora for the purposes of this Act, either throughout
the whole of the State or in such part or parts of the State as are specified
in the notice;
(b) by
notice so published, declare —
(i)
all flora; or
(ii)
all flora other than such classes or descriptions of
flora as are specified in the notice,
in such part or parts
of the State as is or are specified in the notice to be protected flora for
the purposes of this Act; and
(c) by
notice so published, vary or revoke any notice published under
paragraph (a) or (b).
[Section 6 amended by No. 38 of 1954
s. 2; No. 45 of 1967 s. 4; No. 99 of 1969 s. 3;
No. 67 of 1975 s. 4; No. 86 of 1976 s. 4; No. 34 of
1977 s. 3; No. 28 of 1979 s. 3; No. 112 of 1984 s. 4;
No. 20 of 1991 s. 57; No. 53 of 1994 s. 264; No. 57
of 1997 s. 132(1) and (2); No. 28 of 2006 s. 220; No. 77 of
2006 s. 17.]