Western Australian Current Acts Western Australian Current Acts In this Act, unless
the contrary intention appears —
Aboriginal body corporate means a corporation
registered under the Corporations (Aboriginal and Torres Strait Islander) Act
2006 (Commonwealth);
Aboriginal person means a person wholly or partly
descended from the original inhabitants of Australia;
aquaculture has the same meaning as in the
Fish Resources Management Act 1994 ;
biodiversity has the meaning given in the
Biodiversity Conservation Act 2016 section 5(1);
biodiversity components has the meaning given in
the Biodiversity Conservation Act 2016 section 5(1);
CEO means the chief executive officer of the
Department;
commercial fishing has the same meaning as in the
Fish Resources Management Act 1994 ;
Commission means the Conservation and Parks
Commission established by section 18;
conservation and land management officer means an
officer of the Department designated as a conservation and land management
officer under section 45(1)(d);
conservation park means land that is a
conservation park under section 6(4) or is treated as a conservation park
under section 8B(2);
conserve includes to maintain and to restore;
Department means the department of the Public
Service principally assisting in the administration of this Act;
diversification lease has the meaning given in the
Land Administration Act 1997 section 92B(1);
exclusive native title , in relation to an area of
land or waters, means native title rights and interests (as defined in section
223 of the NT Act) —
(a) that
exist in relation to the area, whether or not they have been determined under
the NT Act to exist; and
(b) that
confer possession, occupation, use and enjoyment of the area on the holders of
the native title rights and interests to the exclusion of all others;
Executive Body means the Conservation and Land
Management Executive Body established by section 36;
fauna has the meaning given in the Biodiversity
Conservation Act 2016 section 5(1);
firewood includes parts of trees of all species
made up into bundles, billets, or loads, or cut up in the manner it is usual
to cut wood for burning, and residue wood generally;
Fisheries Department means the Department for the
purposes of the Fish Resources Management Act 1994 ;
flora has the meaning given in the Biodiversity
Conservation Act 2016 section 5(1);
forest lease means a lease granted under
section 97;
forest officer means an officer of the Department
designated as a forest officer under section 45(1)(b);
forest produce includes trees, parts of trees,
timber, sawdust, chips, firewood, charcoal, gum, kino, resin, sap, honey,
seed, bees-wax, rocks, stone and soil but, subject to the foregoing, does not
in Division 1 of Part VIII include minerals within the meaning of the
Mining Act 1978 ;
forest products has the same meaning as it has in
the Forest Products Act 2000 ;
Forest Products Commission means the Forest
Products Commission established by the Forest Products Act 2000 ;
intertidal zone means the land, or the land and
waters, below the high water mark and above the low water mark;
joint responsible body means each person or body
that, jointly with the Commission —
(a) is
vested with waters, land, or land and waters; or
(b) has
the care, control and management of land, or land and waters;
land includes —
(a)
tidal land; and
(b)
tidal waters in any inlet, estuary, lagoon, river, stream or creek; and
(c) the
waters of any inlet, estuary, lake, lagoon or swamp or of any river, stream or
creek whether flowing continuously or intermittently;
Land Administration Minister means the Minister to
whom the administration of the Land Administration Act 1997 is committed;
land to which this Act applies has the meaning
given in sections 5(1) and 8B(2) and (3);
management plan means a management plan approved
under section 60 or an indicative management plan approved under section 14;
marine management area means waters, land, or land
and waters, that are a marine management area under section 6(6);
marine nature reserve means waters, land, or land
and waters, that are a marine nature reserve under section 6(6);
marine park means waters, land, or land and
waters, that are a marine park under section 6(6);
marine reserve means a marine nature reserve, a
marine park or a marine management area;
member means a member of the Commission;
Minister for Fisheries means the Minister to whom
the administration of the Fish Resources Management Act 1994 and the
Pearling Act 1990 is committed, or each of the Ministers to whom their
administration is committed;
Minister for Forest Products means the Minister to
whom the administration of the Forest Products Act 2000 is committed;
Minister for Indigenous Affairs means the Minister
to whom the administration of the
Aboriginal Affairs Planning Authority Act 1972 and the
Aboriginal Heritage Act 1972 is committed, or each of the Ministers to whom
their administration is committed;
Minister for Mines means the Minister to whom the
administration of the Mining Act 1978 , the Offshore Minerals Act 2003 , the
Petroleum and Geothermal Energy Resources Act 1967 , the
Petroleum (Submerged Lands) Act 1982 and the Petroleum Pipelines Act 1969 is
committed, or each of the Ministers to whom their administration is committed;
Minister (Water Resources) means the Minister
administering the Water Agencies (Powers) Act 1984 ;
national park means land that is a national park
under section 6(3) or is treated as a national park under section 8B(2);
nature reserve means land that is a nature reserve
under section 6(5) or is treated as a nature reserve under section 8B(2);
non-exclusive native title , in relation to an
area of land or waters, means native title rights and interests (as defined in
section 223 of the NT Act) —
(a) that
exist in relation to the area, whether or not they have been determined under
the NT Act to exist; and
(b) that
do not confer possession, occupation, use and enjoyment of the area on the
holders of the native title rights and interests to the exclusion of all
others;
NT Act means the Native Title Act 1993
(Commonwealth);
pastoral lease has the meaning given in the Land
Administration Act 1997 section 3(1);
pearling activity means pearling or hatchery
activity within the meaning of the Pearling Act 1990 ;
public road means a road as defined —
(a) if
the Road Traffic Act 1974 section 5(1) is in operation, in that section; or
(b)
otherwise, in the Road Traffic (Administration) Act 2008 section 4;
public utility works means —
(a)
drainage, electricity, gas, sewerage, telephone and water services and any
other services prescribed for the purposes of this definition; and
(b)
navigational aids; and
(c)
wharves, piers, jetties and bridges; and
(d)
break-waters, slips, vessel launch ramps and associated works; and
(e)
widening or realignment of public roads; and
(f) any
other works prescribed for the purposes of this definition;
public water catchment area means —
(a) land
which is reserved under Part 4 of the Land Administration Act 1997 for water
supply purposes and the care, control and management of which are placed with
the Minister (Water Resources) under that Act; or
(b) a
catchment area or water reserve constituted by order in council or
proclamation under —
(i)
the Country Areas Water Supply Act 1947 ; or
(ii)
the Metropolitan Water Supply, Sewerage, and Drainage
Act 1909 ;
or
(c) an
Underground Water Pollution Control Area constituted by proclamation under the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 ;
ranger means an officer of the Department
designated as a ranger under section 45(1)(c);
recreational fishing has the same meaning as in
the Fish Resources Management Act 1994 ;
regional park means an area recognised under
section 8E as a regional park;
section 8A agreement means an agreement made under
section 8A;
section 8A land means land, waters, or land and
waters, that are the subject of a section 8A agreement;
section 8C land means land that, under an order
made under section 8C, is managed by the CEO;
State forest means land that is a State forest
under section 6(1) or is treated as a State forest under section 8B(2);
timber includes trees when they have fallen or
have been felled, and whether sawn, hewn, split or otherwise fashioned;
timber reserve means land that is a timber reserve
under section 6(2) or is treated as a timber reserve under section 8B(2);
tree includes shrubs, bushes, seedlings, saplings,
and re-shoots of all kinds and of all ages;
vessel has the meaning given in the
Western Australian Marine Act 1982 section 3(1);
wildlife officer means an officer of the
Department designated as a wildlife officer under section 45(1)(a).
[Section 3 amended: No. 113 of 1987 s. 32; No. 20
of 1991 s. 4; No. 49 of 1993 s. 4; No. 14 of 1996 s. 4; No. 5 of 1997 s. 4;
No. 35 of 2000 s. 4; No. 12 of 2003 s. 12; No. 74 of 2003 s. 39(2); No. 28 of
2006 s. 183; No. 77 of 2006 Sch. 1 cl. 29(1); No. 35 of 2007 s. 92(2); No. 38
of 2007 s. 191(2); No. 36 of 2011 s. 4; No. 25 of 2012 s. 207(2); No. 28 of
2015 s. 5; No. 24 of 2016 s. 288; No. 27 of 2021 s. 343(2); No. 27 of 2022
s. 4; No. 4 of 2023 s. 106; No. 23 of 2023 s. 24(2).]