(1A) In this section,
unless the contrary intention appears —
vested has the meaning assigned to it by
section 19(3).
(1B) This section does
not apply to —
(a) land
that is vested under section 8AA(4) or (5); or
(aa)
waters, land, or land and waters, that are vested under section 8AA(4A) or
(5A); or
(b)
section 8A land.
(1) The following
lands and waters are by this subsection vested in the Commission —
(a)
State forest;
(b)
timber reserves;
(c)
marine management areas;
(d)
marine nature reserves;
(e)
marine parks.
(2) Lands which after
the commencement of this Act are reserved under Part III of the Land Act 1933
1 , or Part 4 of the Land Administration Act 1997 , for the purpose of a
national park or for the conservation of flora or fauna, or both flora and
fauna, are by this subsection vested in the Commission unless —
(a) the
reservation is made by order; and
(b) by
that order —
(i)
the national park or nature reserve is vested, within the
meaning of the Land Act 1933 1 , in; or
(ii)
the care, control and management of the national park or
nature reserve are placed under Part 4 of the Land Administration Act 1997
with,
some other person or
persons.
(2a) A conservation
park is by this subsection vested in the Commission.
(3) Lands which
immediately before the commencement of this Act were national parks under
section 17(1)(b) or 18 of the National Parks Authority Act 1976 4 are by this
subsection vested in the Commission.
(4) A nature reserve
under section 6(1) of the Wildlife Conservation Act 1950 which immediately
before the commencement of this Act —
(a) was
vested, within the meaning of the Land Act 1933 1 , in the Western Australian
Wildlife Authority constituted under the first-mentioned Act either solely or
jointly with some other body or bodies; or
(b) was
not vested, within the meaning of the Land Act 1933 1 , in any person,
is by this subsection
vested in the Commission solely or jointly with that other body or those
bodies, as the case may be, but in the case of a jointly vested nature reserve
—
(c) the
functions of any joint responsible body in relation to the nature reserve are
limited to those conferred on a joint responsible body by this Act; and
(d) if
the interest in the reserve of a joint responsible body is divested by order
under the Land Administration Act 1997 without another body being substituted
for it by that order, that interest, notwithstanding that Act, by this
paragraph becomes vested in the Commission.
[Section 7 amended: No. 20 of 1991 s. 7; No. 5 of
1997 5 s. 8; No. 31 of 1997 s. 15(2), (4) and 141; No. 35 of 2000 s. 6 and 50;
No. 74 of 2003 s. 39(4); No. 28 of 2015 s. 9, 69 and 71; No. 27 of 2022 s. 5.]