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CONSERVATION AND LAND MANAGEMENT ACT 1984


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Relationship of this Act to other Acts

   PART II -- Land subject to this Act

           Division 1 -- Categories of land  

   5.      “Land to which this Act applies”, meaning of
            
   6.      Categories of land, defined
            
   7.      Lands vested in Commission
            
   8AA.    Waters, land, or land and waters may be vested jointly in Commission and Aboriginal body corporate
            
   8A.     CEO may agree to manage private or other land
            
   8B.     Effect of s. 8A agreements
            
   8C.     Certain land may be put under CEO’s management

           Division 2A -- Regional parks  

   8D.     Terms used
            
   8E.     Recognition of regional parks
            
   8F.     CEO may coordinate management of regional parks

           Division 2 -- State forest and timber reserves  

   8.      State forests, reservation of
            
   9.      Changes to State forest
            
   10A.    Parliamentary procedure in relation to changes to State forest
            
   10.     Reservation of, and changes to, timber reserves
            
   11.     Term used: Crown land

           Division 3 -- Marine reserves  

   13.     Marine reserves, reservation of
            
   13AA.   Minister’s powers to change Class A marine reserve
            
   13A.    Marine nature reserves, purpose of and prohibited acts in
            
   13B.    Marine parks, purpose of and prohibited acts in
            
   13C.    Marine management areas, purpose of and permitted acts in
            
   13D.    Effect of s. 13A, 13B and 13C on certain licences etc. for fishing etc.
            
   13E.    Effect of s. 13A and 13B on certain licences etc. relating to petroleum
            
   13F.    Environmental Protection Act 1986 not limited by s. 13A to 13E
            
           14. Proposal for marine reserve, public notice of and submissions on

           Division 4 -- Other procedures  

   15.     Land for State forest etc., power to acquire

           Division 5 -- Cancellation etc. of purpose  

   17.     Purpose of certain land, cancelling or amending; area of certain land, changing

           Division 6 -- Maps  

   17A.    Maps of categories of land, deposit and inspection of etc.

   PART III -- Conservation and Parks Commission

           Division 1 -- Conservation and Parks Commission established  

   18.     Commission established
            
   19.     Functions
            
   20.     Powers

           Division 2 -- Membership and meetings of Commission  

   21.     Membership
            
   22.     Persons not eligible to be members
            
   23.     Other persons entitled to attend meetings of Commission

           Division 3 -- Relationship with Minister  

   24.     Minister may give Commission directions
            
   25.     Minister to have access to information

           Division 4 -- General provisions  

   26.     Commission may engage consultants
            
   26AA.   Delegation by Commission
            
   26AB.   Documents, execution of by Commission
            
   26AC.   Review of operations etc. of Commission
            
   29.     Constitution and proceedings of Commission
            
   30.     Remuneration and allowances of members
            
   31.     Annual report

   PART IV -- Administration

           Division 1 -- Functions and powers  

   33.     CEO, functions of
            
   33A.    Terms used
            
   34A.    Business undertakings, CEO may form etc.
            
   34B.    Timber sharefarming agreements, CEO may enter etc.
            
   35.     CEO, remuneration of for advice etc.

           Division 2 -- The Conservation and Land Management Executive Body  

   36.     Executive Body established and nature of
            
   37.     Purpose
            
   38.     Documents, execution of by Executive Body

           Division 3 -- Other officers and staff  

   43.     Staff, appointment etc. of
            
   44.     Services, research etc., Minister’s powers to engage etc.
            
   45.     Enforcement officers, designation and functions of
            
   46.     Honorary enforcement officers, appointment and functions of
            
   47.     Public Sector Management Act 1994, application of to enforcement officers
            
   48.     Certificates for enforcement officers, issue of etc.
            
   49.     Ex officio wildlife officers etc.

           Division 4 -- General  

   50.     Officers not to trade in timber etc.
            
   51.     Forest produce, auctions of etc.

   PART V -- Management of land

           Division 1 -- Management plans  

   53.     Terms used
            
   54.     Plans, when required and who has to prepare
            
   55.     Contents of plans
            
   56A.    Plan may require CEO to manage land jointly
            
   56B.    Section 56A agreement may be continued for new management plan
            
   56.     Objectives of plans
            
   57A.    Aboriginal persons, ascertaining value of land to
            
   57.     Proposed plan to be publicly notified
            
   58.     Public submissions on proposed plans
            
   59.     Plans to be referred to other bodies
            
   59A.    Plans to be submitted to Minister
            
   60.     Approval of proposed plan by Minister
            
   60A.    Conservation and Land Management Amendment Act 1991, transitional provision for
            
   61.     Plans, amending and revoking

           Division 2 -- Classification of land  

   62.     Land may be classified
            
   62A.    Forest conservation area classification, procedure for amending or cancelling

   PART VI -- Financial provisions  

   64.     Certain moneys credited to Department
            
   68.     Biodiversity Conservation Account
            
   69.     Other accounts

   PART VII -- Control and eradication of forest diseases  

   79.     Purposes of this Part
            
   80.     Application of this Part
            
   81.     Terms used
            
   82.     Forest disease risk areas, constituting
            
   83.     Forest disease areas, constituting
            
   84.     Procedure before area constituted under s. 82(1) or 83(1)
            
   85.     Risk areas and disease areas, changing and abolishing
            
   86.     Mining tenement in risk area or disease area

   PART VIII -- Permits, licences, contracts, leases, etc.

           Division 1A -- General matters  

   86A.    Restrictions on Minister and CEO performing functions under this Part

           Division 1 -- State forests, timber reserves, and certain Crown land  

   87.     Terms used
            
   87A.    Restriction on CEO exercising powers under this Division
            
   88.     Permits etc. for taking etc. forest produce, CEO’s powers as to
            
   89.     Permits, form and effect of
            
   90.     Licences, form and effect of
            
   91.     Permits, licences etc., duration of
            
   92.     Charges for forest produce taken
            
   93.     No transfer of permit etc. without CEO’s consent
            
   94.     Forest produce to be removed while permit etc. is current
            
   95.     Permits etc., effects of contravening
            
   96.     Effect on leases and mining tenements of permits, licences and contracts as to forest produce
            
   97.     Forest leases, grant of etc.
            
   97A.    Licences etc. for use etc. of State forest or timber reserve

           Division 2 -- Other land  

   98.     Application of this Division
            
   99.     Restriction on CEO exercising powers under this Division
            
   99A.    Certain acts on land vested in Commission, licences etc. for
            
   100.    Leases of land, grant of by CEO
            
   101.    Licences etc. for use etc. of land

           Division 3 -- Marine reserves  

   101A.   Term used: take
            
   101B.   Flora and fauna, taking of not to be authorised etc.
            
   101C.   Taking flora or fauna, offence

   PART IX -- Offences and enforcement

           Division 1 -- Preliminary  

   102.    Terms used
            
   103A.   Aboriginal persons may do things for customary purposes
            
   103B.   People acting under s. 8A agreements, defence for

           Division 2 -- Offences  

   103.    Taking forest produce
            
   104.    Lighting fires
            
   105.    Setting fire to tree etc. without notifying forest officer
            
   106.    Unlawful activities on land
            
   107.    Miscellaneous offences
            
   108.    Unlawful use of mark etc. on forest produce

           Division 2a -- Removal of unauthorised buildings etc., and trespassing cattle  

   108A.   Unauthorised buildings etc., removal of
            
   108B.   Cattle, impounding
            
   108C.   Unbranded cattle, dealing with

           Division 3 -- General provisions as to offences  

   109.    Aiding etc. offences, effect of
            
   110.    Damage by offenders, liability for
            
   111.    Forest produce, presumption as to ownership of
            
   112.    Offence, presumption as to place of
            
   113.    Prosecutions, who may commence
            
   114.    Prosecutions under other laws not prevented etc.

           Division 4A -- Infringement notices  

   114AA.  Terms used
            
   114A.   Issuing infringement notices
            
   114B.   Infringement notices for vehicle offences
            
   114C.   Onus of responsible person for vehicle offence
            
   114D.   Infringement notices for vessel offences
            
   114E.   Onus of responsible person for vessel offence

           Division 4 -- Enforcement powers  

   115.    Obstructing officers etc., offence
            
   116.    Unbranded timber, seizure of etc.
            
   117.    Forest produce is Crown property until charges paid
            
   118.    Forest produce subject of offence, seizure of etc.
            
   119.    Search warrant for secreted forest produce
            
   119A.   Sawmills etc., power to enter
            
   120.    Land subject to permit etc., power to enter etc.
            
   121.    Entry powers in relation to occupied land
            
   124.    Rangers etc., powers of
            
   125.    Application of Criminal Investigation Act 2006 and Criminal Investigation (Identifying People) Act 2002 to enforcement officers
            
   126A.   Department a prescribed agency for the Criminal and Found Property Disposal Act 2006

   PART X -- Regulations  

   126.     Regulations, general provisions as to
            
   127.    Regulations as to administration
            
   128A.   Regulations as to s. 8C land
            
   128.    Regulations as to forestry, State forests etc.
            
   129.    Regulations as to forest diseases
            
   130.    Regulations as to national parks etc.
            
   130A.   Regulations as to rights of holders of mining tenements to take forest produce
            
   130B.   Land Administration Act 1997 regulations subject to this Act’s regulations as to s. 8A or 8C land

   PART XI -- Miscellaneous  

   131.    Vesting of land formerly registered in name of Conservator of Forests
            
   131A.   Ministerial directions, tabling of
            
   132.    Protection from personal liability
            
   133.    Delegation by Minister and CEO
            
   134.    Notices on land, erection of etc.
            
   135.    Forest fires, forest officer may ask for help to extinguish
            
   136.    Export of certain timber prohibited except under permit
            
   137.    Forest produce in water catchment areas may be placed under CEO’s control etc.
            
   138.    Forest produce in other parks and reserves, restrictions on permitting taking of
            
   139.    Roads in State forests etc., status of and ownership of timber on etc.
            
   141.    Arbor Day
            
   142.    Conditional purchase land, condition as to tree planting etc.
            
   143.    Conservation Legislation Amendment Act 2011, review of amendments of

   PART XII -- Conservation and Land Management Act 1984, repeal, savings, transitional and validation

           Division 1 -- Preliminary  

   145.    Terms used
            
   146.    Interpretation Act 1984 not affected

           Division 2 -- Repeal, savings and transitional  

   147.    Repeal
            
   148.    Saving
            
   149.    Saving of certain regulations
            
   150.     Devolution of rights, assets and liabilities
            
   151.    References in other laws etc.
            
   152.    Staff not under Public Service Act 1978
            
   154.    Annual reports for part of year
            
   155.    Devolution of certain land

           Division 3 -- Validation  

   156.    Validation

   PART XIII -- Conservation and Land Management Amendment Act 2015 saving and transitional provisions  

   157.    Terms used
            
   158.    Certain liabilities and assets to be vested in the Executive Body
            
   159.    Land and waters vested in the Conservation Commission or Marine Authority
            
   160.    Completion of things commenced
            
   161.    Continuing effect of things done
            
   162.    Reports and notifications
            
   163.    Management plans
            
   164.    Section 57A exemptions
            
   165.    Members of Conservation Commission, Authority and Marine Committee
            
   166.    Registration of documents
            
   167.    Transfer of documents
            
   168.    Transitional regulations
            
   169.     Saving
            
   170.    Interpretation Act 1984 not affected
           SCHEDULE 1 -- Provisions as to constitution and proceedings of the Commission  


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