Western Australian Current Acts Western Australian Current Acts[s. 29]
[Heading inserted: No. 28 of 2015 s. 67.]
(1) Except as
otherwise provided by this Act a member shall hold office for such term, being
not more than 3 years, as is specified in his instrument of appointment, but
he may from time to time be reappointed.
(2) A member, unless
he sooner resigns or is removed from office, shall continue in office until
his successor comes into office, notwithstanding that the term for which he
was appointed may have expired.
[Clause 1 amended: No. 35 of 2000 s. 49(3) and
(4); No. 19 of 2010 s. 51.]
The office of a member
becomes vacant if —
(a) he
resigns his office by written notice addressed to the Minister; or
(b) he
is, according to the Interpretation Act 1984 section 13D, a bankrupt or a
person whose affairs are under insolvency laws; or
(c) he
is removed from office by the Governor on the grounds of neglect of duty,
misbehaviour, incompetence or mental or physical incapacity impairing the
performance of his duties.
[Clause 2 amended: No. 73 of 1995 s. 188; No. 35
of 2000 s. 49(5); No. 18 of 2009 s. 19; No. 19 of 2010 s. 51.]
3 . Acting chairperson and members
(1) Where the
chairperson and the deputy chairperson of the Commission are both unable to
act as chairperson by reason of sickness, absence or other cause, the Minister
may appoint a person (including a person acting under subclause (2)) to act as
chairperson, and while so acting according to the tenor of his appointment
that person has all the functions of the chairperson.
(2) Where a member is
unable to act by reason of sickness, absence or other cause, the Minister may
appoint another person to act in his place, and while so acting according to
the tenor of his appointment that other person is deemed to be a member.
[(3) deleted]
(4) No act or omission
of a person acting in place of another under this clause shall be questioned
on the ground that the occasion for his appointment or acting had not arisen
or had ceased.
(5) The appointment of
a person as an acting member or an acting chairperson may be terminated at any
time by the Minister.
[Clause 3 amended: No. 5 of 1997 s. 38(2); No. 35
of 2000 s. 49(6)-(8); No. 19 of 2010 s. 51; No. 28 of 2015 s. 70; No. 27 of
2022 s. 18.]
(1) The first meeting
of the Commission must be convened by the chairperson of the Commission.
(2A) Subsequent
meetings of the Commission, unless convened under subclause (2), are to be
held at times and places determined by the Commission.
(2) A special meeting
of the Commission may at any time be convened by —
(a) the
chairperson; or
(b) any
4 members.
(3) At a meeting of
the Commission the chairperson, the deputy chairperson or the person appointed
under clause 3(1) shall preside, but where all of those members are absent
from a meeting the members present shall appoint one of their number to
preside at that meeting.
(4) At any meeting of
the Commission —
(a) a
majority of the members constitute a quorum; and
(b) each
member present is entitled to a deliberative vote on any question, and if
there is an equality of votes the question shall be taken to have been
answered in the negative.
(5) The Commission
shall cause accurate minutes to be kept of the proceedings at its meetings.
[Clause 4 amended: No. 5 of 1997 s. 38(4) and (5);
No. 35 of 2000 s. 49(9)-(11); No. 19 of 2010 s. 51; No. 28 of 2015 s. 68(1)
and 70; No. 27 of 2022 s. 19.]
(1) The Commission may
from time to time, by resolution, appoint committees of such members as it
thinks fit and may discharge, alter, continue or reconstitute any committee so
appointed.
(2) Subject to the
directions of the Commission each committee may determine its own procedures.
[Clause 5 amended: No. 19 of 2010 s. 51; No. 28 of
2015 s. 70.]
5A . Temporary advisory committees
(1) The Commission may
from time to time, by resolution, appoint temporary advisory committees of
such persons as it thinks fit to advise it on matters relevant to its
functions.
(2) A resolution
appointing a committee under subclause (1) shall set the terms of reference,
membership, reporting requirements and term of operation of the committee.
(3) Subject to the
directions of the Commission, a committee may determine its own procedures.
[Clause 5A inserted: No. 5 of 1997 s. 38(6);
amended: No. 35 of 2000 s. 49(12)-(15); No. 19 of 2010 s. 51; No. 28 of 2015
s. 68(2) and 69.]
6 . Resolutions without meeting
A resolution in
writing signed or assented to by letter, telegram or telex by each member
shall be as valid and effectual as if it had been passed at a meeting of the
Commission.
[Clause 6 amended: No. 19 of 2010 s. 51; No. 28 of
2015 s. 70.]
7 . Member may be granted leave
The Commission may
grant leave of absence to a member on such terms and conditions as it thinks
fit.
[Clause 7 amended: No. 19 of 2010 s. 51; No. 28 of
2015 s. 70.]
8 . Commission to determine own procedure
Subject to this Act,
the Commission shall determine its own procedures.
[Clause 8 amended: No. 19 of 2010 s. 51; No. 28 of
2015 s. 70.]
This is a compilation of the Conservation and Land Management Act 1984 and
includes amendments made by other written laws. For provisions that have come
into operation, and for information about any reprints, see the compilation
table. For provisions that have not yet come into operation see the
uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
126 of 1984 |
8 Jan 1985 |
s. 1 and 2: 8 Jan 1985; | |
|
Conservation and Land Management Amendment Act 1985 |
86 of 1985 |
4 Dec 1985 |
4 Dec 1985 (see s. 2) |
|
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) |
|
Acts Amendment (Public Service) Act 1987 s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813) |
|
Acts Amendment (Land Administration) Act 1987 Pt. XVI |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637) |
|
Acts Amendment (Swan River Trust) Act 1988 Pt. 2 |
21 of 1988 |
5 Oct 1988 |
1 Mar 1989 (see s. 2 and Gazette 27 Jan 1989 p. 264) |
|
Conservation and Land Management Amendment Act 1988 |
76 of 1988 |
9 Jan 1989 |
s. 1 and 2: 9 Jan 1989; |
|
Conservation and Land Management Amendment Act 1991 8 |
20 of 1991 (as amended by No. 8 of 2009 s. 35(2)) |
25 Jun 1991 |
s. 1 and 2: 25 Jun 1991; |
|
Reprint of the Conservation and Land Management Act 1984 as at 16 Jan 1992
(includes amendments listed above) | |||
|
Acts Amendment (Game Birds Protection) Act 1992 Pt. 3 |
18 of 1992 |
16 Jun 1992 |
16 Jun 1992 (see s. 2) |
|
Conservation and Land Management Amendment Act 1992 9 |
66 of 1992 |
11 Dec 1992 |
11 Dec 1992 (see s. 2) |
|
Financial Administration Legislation Amendment Act 1993 s. 11 and 15 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Conservation and Land Management Amendment Act 1993 10 |
49 of 1993 |
20 Dec 1993 |
20 Dec 1993 (see s. 2) |
|
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
|
53 of 1994 |
2 Nov 1994 |
1 Oct 1995 (see s. 2 and Gazette 29 Sep 1995 p. 4649) | |
|
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Water Agencies Restructure (Transitional and Consequential Provisions) Act
1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291) |
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment Act 1996 s. 51 and 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Reprint of the Conservation and Land Management Act 1984 as at 20 Jan 1997
(includes amendments listed above) | |||
|
Acts Amendment (Marine Reserves) Act 1997 Pt. 2 3, 5 |
5 of 1997 |
10 Jun 1997 |
29 Aug 1997 (see s. 2 and Gazette 29 Aug 1997 p. 4867) |
|
Acts Amendment (Land Administration) Act 1997 Pt. 13 and s. 141 11 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 36 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 22 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
|
Reprint of the Conservation and Land Management Act 1984 as at 26 Mar 1999
(includes amendments listed above) | |||
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 8 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Conservation and Land Management Amendment Act 2000 12, 13 |
35 of 2000 |
10 Oct 2000 |
16 Nov 2000 (see s. 2 and Gazette 15 Nov 2000 p. 6275) |
|
Criminal Investigation (Identifying People) Act 2002 Sch. 2 cl. 2 |
6 of 2002 |
4 Jun 2002 |
29 Jun 2002 (see s. 2 and Gazette 28 Jun 2002 p. 3037) |
|
Labour Relations Reform Act 2002 s. 17 |
20 of 2002 |
8 Jul 2002 |
15 Sep 2002 (see s. 2 and Gazette 6 Sep 2002 p. 4487) |
|
Fire and Emergency Services Legislation Amendment Act 2002 s. 41 |
38 of 2002 |
20 Nov 2002 |
30 Nov 2002 (see s. 2 and Gazette 29 Nov 2002 p. 5651-2) |
|
Conservation and Land Management Amendment Act 2002 |
43 of 2002 |
11 Dec 2002 |
11 Dec 2002 (see s. 2) |
|
Offshore Minerals (Consequential Amendments) Act 2003 Pt. 3 |
12 of 2003 |
17 Apr 2003 |
1 Jan 2011 (see s. 2 and Gazette 17 Dec 2010 p. 6350) |
|
Reprint 4: The Conservation and Land Management Act 1984 as at 24 Apr 2003
(includes amendments listed above except those in the Offshore Minerals
(Consequential Amendments) Act 2003 Pt. 3) | |||
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 47 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
|
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 20
published by Gazette 15 Aug 2003 p. 3685-92 |
15 Sep 2003 (see r. 2) | ||
|
Economic Regulation Authority Act 2003 Sch. 2 cl. 4 |
67 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723) |
|
Acts Amendment and Repeal (Competition Policy) Act 2003 Pt. 5 |
70 of 2003 |
15 Dec 2003 |
21 Apr 2004 (see s. 2 and Gazette 20 Apr 2004 p. 1297) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 21(2) and 39(1)-(10) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Reprint 5: The Conservation and Land Management Act 1984 as at 24 Sep 2004
(includes amendments listed above except those in the Offshore Minerals
(Consequential Amendments) Act 2003 ) | |||
|
Courts Legislation Amendment and Repeal Act 2004 s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction by Gazette
7 Jan 2005 p. 53)) |
|
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
|
Reprint 6: The Conservation and Land Management Act 1984 as at 9 Jun 2006
(includes amendments listed above except those in the Offshore Minerals
(Consequential Amendments) Act 2003 ) | |||
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 7 Div. 1 14-16
|
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006
s. 6 |
52 of 2006 |
6 Oct 2006 |
25 Sep 2007 (see s. 2 and Gazette 25 Sep 2007 p. 4835) |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 29 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Petroleum Amendment Act 2007 s. 92 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette 18 Jan 2008 p. 147) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette 31 Jan 2008 p. 251) | |
|
Reprint 7: The Conservation and Land Management Act 1984 as at 4 Apr 2008
(includes amendments listed above except those in the Offshore Minerals
(Consequential Amendments) Act 2003 ) | |||
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 34 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009 s. 19 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Standardisation of Formatting Act 2010 s. 4, 44(3) and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
Conservation Legislation Amendment Act 2011 Pt. 2 |
36 of 2011 |
13 Sep 2011 |
Pt. 2 (other than s. 40): 14 Mar 2012 (see s. 2(b) and Gazette 13 Mar 2012 p.
1033); |
|
Personal Property Securities (Consequential Repeals and Amendments) Act 2011
Pt. 6 Div. 1 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl.
5 registered 21 Nov 2011) |
|
Reprint 8: The Conservation and Land Management Act 1984 as at 11 May 2012
(includes amendments listed above except the Conservation Legislation
Amendment Act 2011 s. 40) | |||
|
Water Services Legislation Amendment and Repeal Act 2012 s. 207 |
25 of 2012 |
3 Sep 2012 |
18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028) |
|
Swan and Canning Rivers Management Amendment Act 2015 s. 54 |
6 of 2015 |
9 Mar 2015 |
1 Jul 2015 (see s. 2(b) and Gazette 19 Jun 2015 p. 2095) |
|
Conservation and Land Management Amendment Act 2015 Pt. 2 |
28 of 2015 |
19 Oct 2015 |
s. 3, 50, 52, 55 to 58, 60 and 61: 12 Dec 2015 (see s. 2(b) and Gazette 11 Dec
2015 p. 4953); | |||
|
Biodiversity Conservation Act 2016 Pt. 17 Div. 1 |
24 of 2016 |
21 Sep 2016 |
Pt. 17 Div. 1 (other than s. 291(b), 292(2) to (4), 293 to 297, 299, 301, 302
and 304 to 309): 3 Dec 2016 (see s. 2(b) and Gazette 2 Dec 2016 p. 5382); | |||
|
Reprint 9: The Conservation and Land Management Act 1984 as at 6 Jan 2017
(includes amendments listed above except those in the
Biodiversity Conservation Act 2016 s. 291(b), 292(2) to (4), 293 to 297, 299,
301, 302 and 304 to 309) | ||||||
|
27 of 2021 |
22 Dec 2021 |
1 Jul 2023 (see s. 2(e) and SL 2023/40 cl. 2(b)) | ||||
|
Conservation and Land Management Amendment Act 2022 |
27 of 2022 |
31 Aug 2022 |
s. 1 and 2: 31 Aug 2022 (see s. 2(a)); | |||
|
Land and Public Works Legislation Amendment Act 2023 Pt. 4 Div. 2 |
4 of 2023 |
24 Mar 2023 |
10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) | |||
|
Aboriginal Heritage Legislation Amendment and Repeal Act 2023 s. 24 |
23 of 2023 |
24 Oct 2023 |
15 Nov 2023 (see s. 2(d) and SL 2023/161 cl. 2) | |||
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Aquatic Resources Management Act 2016 Pt. 19 Div. 3 |
53 of 2016 |
29 Nov 2016 |
To be proclaimed (see s. 2(b)) |
|
Petroleum Legislation Amendment Act 2024 Pt. 5 Div. 3 |
17 of 2024 |
14 May 2024 |
To be proclaimed (see s. 2(b)) |
1 The Land Act 1933 was repealed by the Land
Administration Act 1997 s. 281.
2 The Forests Act 1918 was repealed by s. 147(1)
of this Act.
3 The Acts Amendment (Marine Reserves) Act 1997
s. 7(2) reads as follows:
(2) The application of
section 6(6) of the principal Act [the
Conservation and Land Management Act 1984 ] as amended by subsection (1)(d)
extends to any waters or land reserved as or for the purpose of a marine
nature reserve or marine park before the commencement of this section.
4 The National Parks Authority Act 1976 was
repealed by s. 147(1) of this Act.
5 The Acts Amendment (Marine Reserves) Act 1997
s. 8(3) reads as follows:
(3) To avoid doubt it
is declared that section 7(5) of the principal Act [the
Conservation and Land Management Act 1984 ], as inserted by subsection (1),
applies to marine nature reserves and marine parks which, immediately before
the commencement of this Act, were vested in the National Parks and Nature
Conservation Authority, whether so vested under the principal Act or under the
Land Act 1933 .
6 The Wildlife Conservation Act 1950 s. 10 was
repealed by the Acts Amendment (Conservation and Land Management) Act 1984 s.
6.
7 The Public Service Act 1978 was repealed by the
Public Sector Management Act 1994 s. 110.
8 The Conservation and Land Management Amendment
Act 1991 s. 51 had not come into operation when it was deleted by the
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 35(2).
9 The Conservation and Land Management Amendment
Act 1992 s. 18 reads as follows:
18. Validation
Every contract entered
into by the Executive Director before the commencement of this Act that would
have been lawful if the amendments to the principal Act effected by this Act
had been in force at the time when it was entered into is declared to have
been lawfully entered into and any act or thing done under such a contract is
declared to have been lawfully done.
10 The Conservation and Land Management Amendment
Act 1993 s. 10 reads as follows:
10. Validity of past acts
Anything done under
the principal Act before the commencement of this Act is declared to be and to
have always been as valid and effective as it would have been if, at the time
when it was done, this Act had come into operation.
11 The amendments in section 15(1)(a) and (9) do
not have effect because the relevant provisions were amended by the Acts
Amendment (Marine Reserves) Act 1997.
12 The Conservation and Land Management Amendment
Act 2000 s. 5 was repealed by the Statutes (Repeals and Minor Amendments) Act
2003 s. 39(11).
13 The Conservation and Land Management Amendment
Act 2000 Sch. 1 reads as follows:
Schedule 1 — Transitional provisions
[s. 51]
1. Definitions
In this Schedule
—
Authority has the meaning given in section 3 of
the CALM Act, as enacted immediately before the commencement of this Act;
CALM Act means the
Conservation and Land Management Act 1984 ;
Commission has the meaning given in section 3 of
the CALM Act, as enacted immediately before the commencement of this Act;
Conservation Commission means the Conservation
Commission of Western Australia established by section 18 of the CALM Act, as
amended by this Act;
Council has the meaning given in section 3 of the
CALM Act, as enacted immediately before the commencement of this Act;
Executive Director has the meaning given in
section 3 of the CALM Act;
forest produce has the meaning given in section 3
of the CALM Act;
forest products has the same meaning as it has in
the Forest Products Act ;
Forest Products Act means the Forest Products Act
2000 ;
Forest Products Commission means the Forest
Products Commission established by the Forest Products Act;
harvesting has the same meaning as it has in the
Forest Products Act ;
Minister means the Minister responsible for the
administration of the CALM Act.
2. Certain contracts under CALM Act for sale of
forest products have effect as if entered into by Forest Products Commission
(1) A contract for the
sale of forest produce entered into under section 88(1)(b)(i) of the CALM Act
that is in effect immediately before the commencement of this Act has effect
as if it had been entered into by the Forest Products Commission instead of
the Executive Director.
(2) Subclause (1)
applies only to the extent that the contract relates to the sale of forest
products and to matters associated with that sale.
(3) The terms and
conditions of a contract referred to in subclause (1), including the
provisions of Part VIII Division 1 of the CALM Act, continue to have effect,
but the Commission may negotiate variations to the contract to ensure that the
provisions of the contract are consistent with the relevant management plan
and amendments to the CALM Act that come into operation on the commencement of
this Act.
(4) A contract
referred to in subclause (1) has no effect after the relevant management plan
has expired.
(5) The CALM Act, as
enacted immediately before the commencement of this Act, continues to have
effect on and after that commencement for the purposes of a contract referred
to in subclause (1), except that the references in sections 91(2), 92(5)(b),
93, 94(1) and 95(2)(b) of that Act to the Executive Director are taken to be
references to the Forest Products Commission.
(6) Subclause (5)
ceases to apply to a contract referred to in subclause (1) if the contract is
varied under subclause (3).
3. Certain contracts under CALM Act for harvesting
of forest products have effect as if entered into by the Forest Products
Commission
(1) A contract entered
into under section 88(1)(b)(ii) or section 88(1a) of the CALM Act that is in
effect immediately before the commencement of this Act has effect as if it had
been entered into by the Forest Products Commission instead of the Executive
Director.
(2) Subclause (1)
applies only to the extent that the contract relates to the harvesting of
forest products and to matters associated with that harvesting.
(3) The terms and
conditions of a contract referred to in subclause (1), including the
provisions of Part VIII Division 1 of the CALM Act, continue to have effect
but the Commission may negotiate variations to the contract to ensure that the
provisions of the contract are consistent with the relevant management plan
and amendments to the CALM Act that come into operation on the commencement of
this Act.
4. Transfer of rights and obligations under
certain timber sharefarming agreements under CALM Act
(1) A timber
sharefarming agreement referred to in section 34B of the CALM Act that is in
effect immediately before the commencement of this Act has effect as if any
rights, obligations or powers held by, or imposed or conferred on, the
Executive Director under that agreement were rights, obligations or powers
held by, or imposed or conferred on, the Forest Products Commission.
(2) A timber
sharefarming agreement referred to in subclause (1) entered into by the
Executive Director as agent of another person has effect as if the agreement
were entered into by the Forest Products Commission as agent of that person.
5. Transfer of rights and obligations under other
agreements
(1) Subject to clauses
2, 3 and 4, an agreement that is in effect immediately before the commencement
of this Act that provides for any rights, obligations or powers to be held by,
or to be imposed or conferred on, the Executive Director under the agreement
as to the harvesting, sale or supply of timber or other forest produce has
effect as if the rights, obligations or powers were held by, or imposed or
conferred on, the Forest Products Commission.
(2) An agreement
referred to in subclause (1) entered into by the Executive Director as agent
of another person has effect as if the agreement were entered into by the
Forest Products Commission as agent of that person.
(3) Subclauses (1) and
(2) apply only to the extent that the agreement concerned relates to the
harvesting, sale or supply of forest products and to matters associated with
that harvesting, sale or supply.
6. Transfer of positions
(1) The Minister, by
order published in the Gazette within 4 weeks of the commencement of this Act,
is to determine the positions, the functions or duties of which related,
immediately before the commencement of this Act, to performing duties relating
exclusively or primarily to —
(a) the
negotiation, preparation, administration and enforcement of contracts for the
sale of things that are forest products;
(b) the
negotiation, preparation, administration and enforcement of contracts under
section 88(1a) of the CALM Act in relation to things that are forest products;
(c) the
making of arrangements in relation to timber sharefarming agreements referred
to in section 34B of the CALM Act;
(d) the
establishment or maintenance of plantations of forest products, plant
nurseries for the production of forest products, or seed or propagation
orchards of forest products;
(e) the
undertaking of research into the management and production of forest products
in plantations; or
(f) the
undertaking of research into the use of forest products.
(2) The Minister, by
order published in the Gazette within 4 weeks of the commencement of this Act,
may determine the positions (other than the positions determined under
subclause (1)) —
(a) the
functions or duties of which related, immediately before the commencement of
this Act, to the provision of administrative, policy or corporate services for
the purposes of the performance of the duties referred to in subclause (1);
and
(b) that
the Minister considers appropriate for transfer to the Forest Products
Commission.
(3) On the publication
of an order under subclause (1) or (2) a position referred to in the order is
transferred to the Forest Products Commission.
(4) A person holding a
position when it is transferred to the Forest Products Commission is to be
regarded as having been engaged under section 39 of the Forest Products Act.
(5) Except as
otherwise agreed by a person referred to in subclause(4), the remuneration,
existing or accrued rights (including the right to be employed for an
indefinite period in the Public Service), rights under a superannuation scheme
or terms, conditions or continuity of service of the person are not affected,
prejudiced or interrupted by the operation of subclauses (3) and (4).
(6) If a person
referred to in subclause (4) was a contributor as defined in the
Superannuation and Family Benefits Act 1938 immediately before becoming a
Commission employee, the person may continue to be a contributor under that
Act after becoming a Commission employee.
(7) For the purposes
of subclause (6), the Forest Products Commission —
(a) is a
department as defined by the Superannuation and Family Benefits Act 1938 ;
and
(b) is
to pay to the Board under that Act payments of the kind described in paragraph
(i) of the proviso to the definition of department in section 6 of that Act.
(8) If a transferred
employee ceases to be a Commission employee, he or she is entitled to
employment as a public service officer in the Department at the same level of
classification as he or she held immediately before becoming a Commission
employee.
(9) A person does not
have an entitlement under subclause (8) if his or her employment as a
Commission employee was terminated, or he or she was dismissed, for
substandard performance, breach of discipline or misconduct.
(10) Subclause (8)
does not prevent the subsequent operation of Part 6 of the
Public Sector Management Act 1994 in relation to a person who is employed in
the Department under an entitlement under subclause (8).
(11) When a person
ceases to be a Commission employee and becomes a public service officer under
an entitlement under subclause (8), his or her service as a Commission
employee is to be regarded as service in the Public Service for the purposes
of determining his or her rights as a public service officer and for the
purposes of the Superannuation and Family Benefits Act 1938 .
(12) If no suitable
vacancy is available to meet a person’s entitlement under subclause (8),
circumstances attracting the operation of Part 6 of the
Public Sector Management Act 1994 are to be regarded as having arisen in
relation to the person.
(13) In this clause
—
Commission employee means a member of the staff of
the Forest Products Commission;
transferred employee means a person referred to in
subclause (4) who, immediately before becoming a Commission employee, was
employed for an indefinite period in the Public Service.
7. Reserves and other land vested in the
Commission or Authority
(1) The care, control
and management of a reserve that, immediately before the commencement of this
Act, are placed under the Land Administration Act 1997 with the Commission or
the Authority ( the original placement ) are, on that commencement and by this
subclause, placed under that Act with the Conservation Commission subject to
any interests or conditions that applied to the original placement.
(2) The care, control
and management of a reserve vested under a written law (other than the CALM
Act) in the Commission or the Authority immediately before the commencement of
this Act ( the original vesting ) are, on that commencement and by this
subclause, placed under the Land Administration Act 1997 with the
Conservation Commission subject to any interests or conditions that applied to
the original vesting.
(3) Land that is
vested in the Commission under section 7 of the CALM Act immediately before
the commencement of this Act ( the original vesting ) is, on that
commencement, vested under that section in the Conservation Commission subject
to any interests or conditions that applied to the original vesting.
(4) Land that is
vested in the Authority, either solely or jointly with another body or other
bodies, under section 7 of the CALM Act immediately before the commencement of
this Act ( the original vesting ) is, on that commencement, vested under that
section in the Conservation Commission, either solely or jointly with another
body or other bodies, subject to any interests or conditions that applied to
the original vesting.
8. Management plans
A management plan
prepared by the Commission or the Authority under Part V of the CALM Act that
is in effect immediately before the commencement of this Act has effect as if
it had been prepared by the Conservation Commission under that Part as amended
by this Act.
9. Members of Commission, Authority and Council
A person who holds
office as a member of the Commission, the Authority or the Council immediately
before the commencement of this Act ceases to hold that office on that
commencement but, subject to the CALM Act as amended by this Act, is eligible
to be appointed as a member of the Conservation Commission.
10. Certain regulations under CALM Act taken to
have been made under Forest Products Act
(1) Regulations made
under the CALM Act to which this subclause applies that are in effect
immediately before the commencement of this Act have effect as if they had
been made under section 70 of the Forest Products Act .
(2) Subject to
subclause (3), subclause (1) applies to regulations that relate to —
(a) the
registration of timber workers;
(b)
identification codes for persons who fell trees in State forests or timber
reserves;
(c) log
delivery notes;
(d) the
receiving by sawmills of log timber felled in State forests or timber
reserves;
(e) the
determination of the quantity of log timber felled in State forests or timber
reserves;
(f)
records made of log timber felled in State forests or timber reserves and
received at sawmills;
(g) the
sale by public auction or tender of forest produce;
(h) the
powers of forest officers in relation to forest produce;
(i)
the provision of statistical information relating to
forest produce taken from State forests or timber reserves;
(j) the
minimizing of damage to, and destruction of, forest produce in State forests
or timber reserves caused by the holders of licences, permits or contracts;
(k) the
unauthorised destruction, cutting, injuring or removing of or interfering with
seized forest produce;
(l) the
exporting of karri timber;
(m) the
making of false or misleading statements or representations, or the production
of forged or counterfeit documents, for the purpose of procuring the
registration of a person or an identification code;
(n) the
form and amendment of registers and the obtaining of copies of extracts from
registers;
(o) the
provision of information relating to, and copies of, permits, licences or
contracts;
(p)
fees; and
(q)
appeals relating to the registration of a person or an identification code.
(3) If subclause (1)
applies to a regulation that relates to forest produce, that subclause only
has effect to the extent that the regulation relates to forest products.
(4) Regulations may be
made under Part X of the CALM Act to amend, repeal or repeal and replace
regulations to which subclause (1) applies.
11. Registration of documents
The Registrar of
Titles is to take notice of the provisions of this Schedule and is empowered
to record and register in the appropriate manner any necessary documents, and
otherwise to give effect to this Schedule.
12. Transitional regulations
(1) If there is no
sufficient provision in this Act for dealing with a transitional matter, the
Governor may make regulations prescribing all matters that are required, or
are necessary or convenient, for dealing with that transitional matter.
(2) Regulations made
under subclause (1) may have effect before the day on which they are published
in the Gazette .
(3) To the extent that
a regulation made under subclause (1) may have effect before the day of its
publication in the Gazette , it does not —
(a)
affect in a manner prejudicial to any person (other than the State, the
Executive Director, the Forest Products Commission or the Conservation
Commission), the rights of that person existing before the day of its
publication; or
(b)
impose liabilities on any person (other than the State, the Executive
Director, the Forest Products Commission or the Conservation Commission) in
respect of anything done or omitted to be done before the day of its
publication.
(4) In subclause (1)
—
transitional matter means a matter that needs to
be dealt with for the purpose of effecting the transition from the CALM Act,
as enacted immediately before the commencement of this Act, to —
(a) the
CALM Act as amended by this Act; or
(b) the
Forest Products Act.
13. Saving
The operation of any
provision of this Schedule is not to be regarded —
(a) as a
breach of contract or confidence or otherwise as a civil wrong;
(b) as a
breach of any contractual provision prohibiting, restricting or regulating the
assignment or transfer of property, rights or liabilities or the disclosure of
information;
(c) as
giving rise to any remedy by a party to an instrument or as causing or
permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any property, right or liability;
(d) as
causing any contract or other instrument to be void or otherwise
unenforceable; or
(e) as
releasing or allowing the release of any surety.
14 The Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 7 Div. 7 reads as follows:
Division 7 — Transitional provisions
224. Conservation and Land Management Act 1984
(1) A thing done or
omitted to be done before commencement by, to or in relation to the Executive
Director (other than as the body corporate referred to in section 38 of the
Conservation and Land Management Act 1984 as in force before commencement)
under, or for the purposes of, an enactment has the same effect after
commencement, to the extent that it has any force or significance after
commencement, as if it had been done or omitted by, to or in relation to the
CEO under, or for the purposes of, that enactment.
(2) The Conservation
and Land Management Executive Body established by section 36 of the
Conservation and Land Management Act 1984 (as in force after commencement) is
a continuation of, and the same legal person as, the body corporate referred
to in section 38 of that Act (as in force before commencement).
(3) Land placed under
the management of the Department under section 33(2) of the
Conservation and Land Management Act 1984 before commencement is to be taken
to have been placed, on commencement, under the management of the CEO under
that Act.
(4) The Registrar of
Titles or the Registrar of Deeds and Transfers may make any entry in, or any
endorsement or notation on, the title, land register or other record in
respect of land that is necessary because of subsection (3).
(5) A reference in a
written law or any other instrument to land under the management of the
Department under the Conservation and Land Management Act 1984 is to be read
as a reference to land under the management of the CEO.
(6) A reference in a
written law or any other instrument to the Director of Nature Conservation,
the Director of Forests or the Director of National Parks is to be read as a
reference to the CEO.
(7) In this section
—
CEO has the meaning given by section 3 of the
Conservation and Land Management Act 1984 as in force after commencement;
commencement means the time at which section 183
comes into operation;
Executive Director means the Executive Director
referred to in section 36 of the Conservation and Land Management Act 1984 as
in force before commencement,
and, unless the
contrary intention appears, other words and expressions in this section have
the same respective meanings as they have in the
Conservation and Land Management Act 1984 .
15 The requirement to appoint an Executive
Director was removed from the Act and references to the Executive Director
were replaced by references to the CEO, see the Machinery of Government
(Miscellaneous Amendments) Act 2006 Pt. 7 Div. 1. Section 454 of that Act is a
general transitional provision that applies to references to the Executive
Director in written laws.
16 The requirement to establish the Department of
Conservation and Land Management was removed from the Act, see the Machinery
of Government (Miscellaneous Amendments) Act 2006 Pt. 7 Div. 1. Section 453 of
that Act is a general transitional provision that applies to references to the
Department of Conservation and Land Management in written laws.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
Aboriginal
3
Aboriginal cultural heritage
59(3A)
Aboriginal customary purpose 103A(1)
Aboriginal person 3
agency
23(1)
agreed area 8A(1)
alienated land
8A(1), 8D
alleged offender
114AA(1)
amended Act 157
amendment Act
143(1)
aquaculture 3
authorised land officer 17A(8)
authorised officer
102(1)
authorised person
81
authorised purpose 121(1)
biodiversity
3
biodiversity components
3
body corporate 3
business undertaking
34A(3)
CEO 3
chief
executive officer 23(1)
Class A marine reserve
13AA(1)
classification notice
13B(1A)
coastal waters of the State 13(8)
commencement day 157
commercial fishing
3
commercial purposes 13C(2)
Commission 3
compatible operations
33A(2)
conservation and land management officer
3
Conservation Commission 157
conservation park 3
Conservator
145
conserve 3
contract
87(1)
contract of sale 87(1)
Crown land 8A(1), 8D, 11, 87(1)
Department
3
designated park or reserve
138(3)
Director 23(1)
disease area
81
diversification lease 3
document
25(4)
drilling reservation
13E(1)
eligible land 8A(1), 8C(1), 8D
enforcement officer 121(1)
essential works
99A(2)
excluded waters 5(2)
exclusive native title 3
exclusive native title
holder 103A(1)
Executive Body
3
fauna 3
firewood
3
Fisheries Department 3
flora
3
forest lease 3
forest
officer 3
forest produce
3, 87(1)
forest products 3
Forest Products
Commission 3
Forests Department
145
former Act 157
former authority
145
former provision
148(4)
geothermal energy 13C(1aa)
geothermal
energy resources 13C(1aa)
infected
81
information 25(4)
inspection
purposes 121(1)
intertidal zone
3
joint responsible body 3
land
3, 17(8), 53, 98(2)
Land Administration Minister
3
land to which this Act applies
3
land to which this Part applies
102(1), 102(1A)
lease 13E(1)
licence
13E(1), 87(1)
located 59(3A)
managed
land 103A(1)
management plan
3
Marine Authority 157
marine management
area 3
marine nature reserve
3
marine park 3
marine reserve
3
member 3
mining tenement
96(5), 130A(2)
Minister for Fisheries
3
Minister for Forest Products
3
Minister for Indigenous Affairs 3
Minister for Mines 3
Minister for Planning
8D
Minister (Water Resources)
3
national park 3
National Parks Authority
145
nature reserve 3
nature
reserves 130(3)
necessary operations
33A(1)
non-exclusive native title 3
NT Act 3
occupied land
121(1)
occupier 33(7A)
owner
34B(8), 81, 114AA(1)
park 3
Part VIII
Division 1 authorisation 103(2c)
pastoral lease
3
pastoral region
108C(3)
pearling activity 3
permit
13E(1), 87(1)
person responsible
8A(1), 8D
petroleum authorisation 13E(1)
petroleum
law 13E(1)
pipeline licence
13E(1)
potential carrier 81
prior placement
159(1)
prior vesting
159(2)
private land 33(7A)
production contract
22(3)
proposed notice
62A(1)
protected thing 103A(1)
public
3
public land 81
public road
3
public water catchment area
3
ranger 3
recreational fishing
3
recreation area 13B(1A)
regional 3
relevant act
103A(1)
relevant offence 124(7)
relevant
official 166(1)
relevant property
166(1)
relevant provision 8C(1)
relevant water utility 53
renewal
13E(1)
repealed Act 145
responsible
body 53
risk area 81
road 81
sanctuary area
13B(1A)
section 56A agreement 56A(3)
section 8A
agreement 3
section 8A land
3
section 8C land 3
special purpose area
13B(1A)
staff 25(4)
State forest 3
State forests
128(2)
take 33(7A), 101A, 103A(1)
timber
3
timber reserve 3
transitional matter 168(1)
tree
3
use 33(2A)
utility works
3
vehicle 81, 103A(1)
vessel
3
vessel offence
114AA(1)
vested 7(1A), 8AA(1)
Western Australian
waters 13(8)
Western Australian Wildlife Authority
145
wildlife officer 3
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.
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