Western Australian Current Acts Western Australian Current Acts (1) The functions of
the CEO are, subject to the direction and control of the Minister —
(a) to
manage —
(i)
land to which this Act applies; and
(ii)
subject to the relevant section 8A agreement, section 8A
land; and
(iii)
subject to the relevant order made under section 8C,
section 8C land,
and the associated
fauna, flora and forest produce; and
(aa)
without limiting paragraph (a), to take any measures that the CEO considers
necessary or expedient, including planned burning, on —
(i)
land to which this Act applies; and
(ii)
subject to the relevant section 8A agreement, section 8A
land; and
(iii)
subject to the relevant order made under section 8C,
section 8C land,
for the purpose of
preventing, managing or controlling fire on that land; and
(ab) to
coordinate the management of land in regional parks; and
(b) to
provide the Commission with such assistance as it may reasonably require to
perform its functions; and
(ba)
without limiting paragraph (b), to provide the Commission with any staff and
facilities of the Department that it may reasonably require to perform its
functions; and
(bb) to
enter into a memorandum of understanding with the Forest Products Commission
relating to the performance of the CEO’s and that Commission’s
respective functions and to any other prescribed matter; and
[(c) deleted]
(ca) to
promote and encourage the use of fauna and flora for therapeutic, scientific,
breeding, propagation or cultivation purposes for the good of the people in
the State and elsewhere, and to undertake any project or operation relating to
the use of fauna or flora for such a purpose; and
(cb) to
use, for the purposes of making improvements to any land to which this Act
applies, any forest produce that becomes available for use from the carrying
out of —
(i)
necessary operations, within the meaning in
section 33A(1), on nature reserves; or
(ii)
compatible operations, within the meaning in
section 33A(2), on national parks and conservation parks; or
(iii)
operations, in accordance with the provisions of
section 56(1) applicable to the land, on land vested in or under the care,
control and management of the Commission, whether solely or jointly with a
joint responsible body, that is State forest, a timber reserve or land
referred to in section 5(1)(g) or (h);
and
(cc) to
promote and encourage the planting of trees and other plants for the purposes
of the rehabilitation of land or the conservation, protection and management
of biodiversity and biodiversity components in the State, and to undertake any
project or operation relating to the planting of trees or other plants for
such a purpose; and
(d) to
promote, encourage and facilitate the conservation, protection and management
of biodiversity and biodiversity components in the State; and
(daa) to
promote, encourage and facilitate the planning for and establishment of a
comprehensive, adequate and representative system of reserves for the purposes
of conserving, protecting and managing biodiversity and biodiversity
components in the State; and
(dab) to
promote, facilitate and manage nature-based tourism and recreation, as defined
in the Biodiversity Conservation Act 2016 section 190, in the State in
accordance with this Act and the Biodiversity Conservation Act 2016 ; and
(da) to
promote and facilitate public recreation, in accordance with this Act, on land
to which this Act applies; and
(db) to
be responsible for the permanent preservation of the plant collections of the
Western Australian Herbarium and to care for and extend those collections; and
(dc)
subject to paragraph (dd), to promote the conservation of water, as to both
quantity and quality, on land referred to in paragraph (a); and
(dd) to
develop policies that provide for water to be taken from land referred to in
paragraph (a); and
(e) to
carry out or cause to be carried out such study or research of or into —
(i)
the management of land to which this Act applies; and
(ii)
the conservation, protection and management of
biodiversity and biodiversity components in the State; and
(iii)
the taxonomy of flora and introduced plants; and
(iv)
any other matter related to a function of the CEO,
as the Minister may
approve; and
(fa) to
carry out or cause to be carried out surveys of biodiversity and biodiversity
components in the State including surveys of the distribution and abundance of
native species and ecological communities as those terms are defined in the
Biodiversity Conservation Act 2016 section 5(1); and
(fb) to
facilitate the implementation of agreements referred to in the
Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth)
section 45(2) to which the State is a party; and
(f) to
provide advice to, or undertake work for or jointly with, and to supply
services or facilities to, any department, public or private body or other
person, whether in the State or elsewhere if the Minister is of the opinion
that the provision of that advice or the undertaking of that work is in the
public interest; and
(g) upon
request by the Land Administration Minister, to advise him on the reservation,
alienation, and disposal of Crown land in rural areas under that Act; and
(ha) to
enter into collaborative arrangements with any department, public or private
body or other person, whether in the State or elsewhere, for the purposes of
performing a function referred to in any of paragraphs (a), (ca), (cc) to (fa)
and (hb); and
(hb) to
perform functions conferred on the CEO under the Biodiversity Conservation
Act 2016 ; and
(h) to
perform any other function prescribed for the purposes of this paragraph.
(2A) In subsection
(1)(ca) —
use includes use or development on a commercial
basis.
(2) If any land to
which this Act applies or any section 8A land —
(a) is
not the subject of a management plan; or
(b) is
the subject of a management plan that, due to an exemption given under
section 57A(2), was not prepared in accordance with section 56(2),
then, despite
subsections (1) and (3), the management of it and the associated forest
produce, fauna and flora shall be carried out in a manner that —
(c)
protects and conserves the value of the land to the culture and heritage of
Aboriginal persons, in particular from any material adverse effect caused by
—
(i)
entry on or the use of the land by other persons; or
(ii)
the taking or removal of the land’s fauna, flora or
forest produce;
but
(d) does
not have an adverse effect on the protection or conservation of the
land’s fauna and flora.
(3A) Functions the CEO
has in relation to managing section 8C land in accordance with the relevant
order made under section 8C shall be performed in a manner that —
(a)
protects and conserves the value of the land to the culture and heritage of
Aboriginal persons from any material adverse effect caused by performing the
functions; but
(b) does
not have an adverse effect on the protection or conservation of the
land’s fauna and flora.
(3) The management of
land referred to in subsection (1)(a)(i) and the associated forest produce,
flora and fauna shall be carried out —
(a)
where there is a management plan for the land, in accordance with that plan;
or
(b)
where there is for the time being no such plan —
(i)
in the case of nature reserves and marine nature
reserves, in such a manner that only necessary operations, within the meaning
in section 33A(1) are undertaken; or
(ii)
in the case of national parks, conservation parks, marine
parks and marine management areas, in such a manner that only compatible
operations, within the meaning in section 33A(2), are undertaken; or
(iii)
in any other case, in accordance with the provisions of
section 56(1) applicable to the land.
(4) A function
referred to in paragraph (dc) or (dd) of subsection (1) shall be carried out,
where there is a management plan for land to which that paragraph applies, in
accordance with that plan and without limiting the operation of the
Rights in Water and Irrigation Act 1914 .
(5) Nothing in
subsection (1) is to be read as limiting the functions of the Commission under
section 19.
(6) To promote and
encourage the use of fauna and flora for the purposes referred to in
subsection (1)(ca), the Minister and the CEO may enter into an agreement with
another person under which the Minister and the CEO agree to exercise the
powers under the Biodiversity Conservation Act 2016 and this Act to grant,
issue or refuse licences or permits —
(a) to
take flora in a manner that has the effect of conferring on the other person
an exclusive or preferential right to take specified flora from specified land
(other than private land); or
(b) to
take fauna in a manner that has the effect of conferring on the other person
an exclusive or preferential right to take specified fauna from specified land
(including private land in circumstances where consent to enter the land is
obtained from the occupier of the land).
(7A) In subsection (6)
each of the following terms has the meaning given in the
Biodiversity Conservation Act 2016 section 5(1) —
occupier
private land
take
(7B) An agreement
under subsection (6) may provide for the exercise of powers referred to in
that subsection to be conditional on the other person entering into an
arrangement with the CEO for the sharing of profits.
(7) The exercise of
powers in accordance with an agreement under subsection (6) is valid and
effective.
[(8) deleted]
(9) A copy of a
memorandum of understanding made under subsection (1)(bb) must be tabled in
each House of Parliament not later than 14 sitting days of each House from the
day on which that memorandum of understanding was executed.
[Section 33 amended: No. 20 of 1991 s. 21; No. 49
of 1993 s. 7; No. 5 of 1997 s. 21; No. 31 of 1997 s. 15(14) and 141; No. 35 of
2000 s. 15; No. 74 of 2003 s. 39(9); No. 28 of 2006 s. 193, 208 and 209; No.
36 of 2011 s. 16; No. 28 of 2015 s. 42, 69 and 71; No. 24 of 2016 s. 292; No.
27 of 2022 s. 13.]