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This is a Bill, not an Act. For current law, see the Acts databases.


CONSERVATION AND LAND MANAGEMENT AMENDMENT BILL 1999

                        Western Australia


      Conservation and Land Management
             Amendment Bill 1999

                           CONTENTS

1.     Short title                                             1
2.     Commencement                                            2
3.     The Act amended                                         2
4.     Section 3 amended                                       2
5.     Section 5 amended                                       5
6.     Section 7 amended                                       5
7.     Section 10 replaced                                     5
8.     Section 16B amended                                     6
9.     Section 17 amended                                      6
10.    Part III Divisions 1, 2 and 3 replaced by Division 1    7
11.    Section 26B amended                                    20
12.    Heading to Part III Division 4 amended                 20
13.    Section 27 amended                                     20
14.    Section 30 amended                                     20
15.    Section 33 amended                                     21
16.    Section 33A amended                                    23
17.    Section 34B amended                                    23
18.    Section 35 amended                                     24
19.    Section 36 amended                                     25
20.    Section 38 amended                                     25
21.    Section 49 amended                                     25
22.    Section 53 amended                                     25
23.    Section 54 amended                                     27
24.    Section 58 amended                                     28
25.    Section 59 amended                                     28
26.    Section 60 amended                                     29
27.    Section 62 amended                                     31


                                                              page i
                               77--1
Conservation and Land Management Amendment Bill 1999



Contents



   28.     Section 62A inserted                                      33
   29.     Section 64 amended                                        34
   30.     Section 87 amended                                        35
   31.     Section 87A inserted                                      35
   32.     Section 92 amended                                        37
   33.     Section 95 amended                                        37
   34.     Section 96 amended                                        37
   35.     Section 97 replaced by sections 97 and 97A                37
   36.     Section 99 amended                                        40
   37.     Section 101 amended                                       42
   38.     Section 103 amended                                       43
   39.     Section 107 amended                                       44
   40.     Section 117 amended                                       44
   41.     Section 118 amended                                       44
   42.     Section 119 amended                                       45
   43.     Section 127 amended                                       45
   44.     Section 128 amended                                       45
   45.     Section 130A inserted                                     45
   46.     Section 131A inserted                                     46
   47.     Section 132 amended                                       47
   48.     Schedule amended                                          47
   49.     Various references to "Authority" amended                 49
   50.     References to the department amended                      49
   51.     Transitional provisions                                   50
            Schedule 1 -- Transitional provisions
   1.      Definitions                                               51
   2.      Certain contracts under CALM Act for sale of forest
           products have effect as if entered into by Forest
           Products Commission                                       51
   3.      Certain contracts under CALM Act for harvesting of
           forest products have effect as if entered into by the
           Forest Products Commission                                52
   4.      Transfer of rights and obligations under certain timber
           sharefarming agreements under CALM Act                    53
   5.      Transfer of rights and obligations under other
           agreements                                                53
   6.      Transfer of positions                                     53
   7.      Reserves and other land vested in the Commission or
           Authority                                                 55

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          Conservation and Land Management Amendment Bill 1999



                                                              Contents



8.    Management plans                                          56
9.    Members of Commission, Authority and Council              56
10.   References to the department to be read as references
      under its new name                                        56
11.   Certain regulations under CALM Act taken to have
      been made under Forest Products Act                       57
12.   Registration of documents                                 58
13.   Transitional regulations                                  58
14.   Saving                                                    59




                                                               page iii
                           Western Australia


                      LEGISLATIVE ASSEMBLY



        Conservation and Land Management
               Amendment Bill 1999


                               A Bill for


An Act to amend the Conservation and Land Management Act 1984,
to make consequential amendments to other Acts, and for related
purposes.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Conservation and Land
        Management Amendment Act 1999.




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     Conservation and Land Management Amendment Bill 1999



     s. 2




     2.         Commencement
                This Act comes into operation on the day on which the Forest
                Products Act 1999 comes into operation.

     3.         The Act amended
 5              The amendments in this Act (other than in section 50(2)) are to
                the Conservation and Land Management Act 1984*.
                [* Reprinted as at 26 March 1999.]

     4.         Section 3 amended
          (1)   The amendments in this section are to section 3.
10        (2)   The definition of "appointed member" is deleted.
          (3)   The definition of "associated body" is amended by deleting
                "Authority" in both places where it occurs and inserting in each
                place instead --
                "   Conservation Commission     ".
15        (4)   The definition of "Authority" is deleted and the following
                definitions are inserted instead --
                "
                     "biodiversity" means the variability among living
                         biological entities and the ecosystems and
20                       ecological complexes of which those entities are a
                         part and includes --
                         (a) diversity within native species and between
                               native species;
                         (b) diversity of ecosystems; and
25                       (c) diversity of other biodiversity components;




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                 Conservation and Land Management Amendment Bill 1999



                                                                         s. 4



                 "biodiversity components" includes habitats,
                     ecological communities, genes and ecological
                     processes;
                                                                           ".
 5   (5)   The definition of "Commission" is deleted.
     (6)   After the definition of "conservation and land management
           officer" the following definition is inserted --
           "
                 "Conservation Commission" means the Conservation
10                  Commission of Western Australia established by
                    section 18;
                                                                           ".
     (7)   The definitions of "Council" and "ex officio member" are
           deleted.
15   (8)   After the definition of "forest produce" the following definitions
           are inserted --
           "
                 "forest products" has the same meaning as it has in
                     the Forest Products Act 1999;
20               "Forest Products Commission" means the Forest
                     Products Commission established by the Forest
                     Products Act 1999;
                                                                           ".
     (9)   The definition of "member" is deleted and the following
25         definition is inserted instead --
           "
                 "member" means a member of the Conservation
                    Commission, the Marine Authority or the Marine
                    Committee;
30                                                                         ".




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     s. 4



       (10)   After the definition of "Minister for Fisheries" the following
              definition is inserted --
              "
                    "Minister for Forest Products" means the Minister to
 5                     whom the administration of the Forest Products
                       Act 1999 is committed;
                                                                               ".
       (11)   After the definition of "pearling activity" the following
              definition is inserted --
10            "
                    "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
15                             management of which are placed with the
                               Water and Rivers Commission under that Act;
                       (b) a catchment area or water reserve constituted
                               by order in council or proclamation under --
                              (i) the Country Areas Water Supply
20                                 Act 1947;
                             (ii) the Metropolitan Water Supply,
                                   Sewerage, and Drainage Act 1909; or
                            (iii) the Water Boards Act 1904;
                               or
25                     (c) an Underground Water Pollution Control
                               Area constituted by proclamation under the
                               Metropolitan Water Supply, Sewerage, and
                               Drainage Act 1909;
                                                                               ".
30     (12)   The definition of "royalty" is deleted.




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                         Conservation and Land Management Amendment Bill 1999



                                                                                   s. 5



          (13)     After the definition of "tree" the following definition is
                   inserted --
                   "
                         "Water and Rivers Commission" means the Water
 5                            and Rivers Commission established by section 4 of
                              the Water and Rivers Commission Act 1995;
                                                                                    ".
     5.            Section 5 amended
           (1)     Section 5(g) is amended by deleting "Commission, the
10                 Authority" and inserting instead --
                   " Conservation Commission ".
           (2)     Section 5(h) is amended by deleting "Commission or the
                   Authority." and inserting instead --
                   "   Conservation Commission.      ".
15   6.            Section 7 amended
           (1)     Section 7(1) is amended before "Commission" by inserting --
                   " Conservation ".
           (2)     Section 7(3) is amended by deleting "Authority." and inserting
                   instead --
20                 " Conservation Commission. ".
           (3)     Section 7(6) is amended by deleting "and (3), 22(2) and (3)".

     7.            Section 10 replaced
                   Section 10 is repealed and the following section is inserted
                   instead --
25   "
             10.         Reservation of timber reserves
                         The Governor may, by order published in the Gazette,
                         reserve any Crown land as a timber reserve.
                                                                                    ".


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     Conservation and Land Management Amendment Bill 1999



     s. 8



     8.         Section 16B amended
                Section 16B(3) is amended by deleting "10(1)(b) and 17" and
                inserting instead --
                "   17 and 20(2)   ".

 5   9.         Section 17 amended
          (1)   Section 17(3) is amended by deleting "Commission, Authority"
                and inserting instead --
                "   Conservation Commission      ".
          (2)   Section 17(4) is amended by deleting "Commission, the
10              Authority" in both places where it occurs and inserting in each
                place instead --
                "   Conservation Commission      ".
          (3)   Section 17(4a) is amended by deleting "Commission, the
                Authority" and inserting instead --
15              "   Conservation Commission      ".
          (4)   Section 17(5) is amended after "subsection (6) applies," by
                inserting --
                "
                      or in the case of a timber reserve to which
20                    subsection (6a) applies,
                                                                              ".
          (5)   Section 17(6) is amended after "marine reserve" by inserting --
                "
                      (other than land reserved under Part 4 of the Land
25                    Administration Act 1997 as a marine reserve)
                                                                                  ".




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                             Conservation and Land Management Amendment Bill 1999



                                                                                     s. 10



           (6)        After section 17(6) the following subsection is inserted --
                 "
                     (6a)   In the case of a timber reserve (other than land reserved
                            under Part 4 of the Land Administration Act 1997 as a
 5                          timber reserve), the Minister, with the concurrence of
                            the Minister for Forest Products, may, subject to this
                            section, recommend to the Governor that an order be
                            made to give effect to the proposal, and thereupon the
                            Governor shall by order published in the Gazette give
10                          effect to the proposed cancellation, amendment or
                            alteration.
                                                                                        ".

     10.              Part III Divisions 1, 2 and 3 replaced by Division 1
                      Part III Divisions 1, 2 and 3 are repealed and the following
15                    Division is inserted instead --
             "
                            Division 1 -- Conservation Commission of
                                        Western Australia
                 Subdivision 1 -- Establishment and functions and powers of
20                               Conservation Commission

             18.            Conservation Commission established
                      (1)   There is established by this section a commission by
                            the name of the Conservation Commission of Western
                            Australia.
25                    (2)   The Conservation Commission is a body corporate
                            with perpetual succession.
                      (3)   Proceedings may be taken by or against the
                            Commission in its corporate name.




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     Conservation and Land Management Amendment Bill 1999



     s. 10



             19.         Functions of Conservation Commission
                   (1)   The functions of the Conservation Commission are --
                          (a)    to have vested in it State forest, timber reserves,
                                 national parks, conservation parks, nature
 5                               reserves, relevant land referred to in
                                 section 5(g) and to have the joint function
                                 provided for by section 7(4);
                          (b)    to have the care, control and management of
                                 relevant land referred to in section 5(h) placed
10                               with it;
                          (c)    to develop policies --
                                    (i) for the preservation of the natural
                                          environment of the State and the
                                          provision of facilities for the enjoyment
15                                        of that environment by the community;
                                   (ii) for promoting the appreciation of flora
                                          and fauna and the natural environment;
                                          and
                                  (iii) to achieve or promote the objectives
20                                        referred to in section 56(1)(a), (b), (c),
                                          (d) and (e);
                          (d)    to advise the Minister on the development of
                                 policies for the conservation and management
                                 of biodiversity and biodiversity components
25                               throughout the State;
                          (e)    to consider, in accordance with section 17, any
                                 cancellation, change of purpose or boundary
                                 alteration in respect of land vested, whether
                                 solely or jointly with an associated body, in the
30                               Conservation Commission;
                           (f)   to submit proposed management plans to the
                                 Minister as provided in Part V in respect of
                                 land vested, whether solely or jointly with an


     page 8
     Conservation and Land Management Amendment Bill 1999



                                                             s. 10



            associated body, in the Conservation
            Commission;
     (g)    in relation to management plans for land
            vested, whether solely or jointly with an
 5          associated body, in the Conservation
            Commission --
               (i) to develop guidelines for monitoring
                     and assessing the implementation of the
                     management plans by the Department;
10            (ii) to set performance criteria for assessing
                     and auditing the performance of the
                     Department and the Forest Products
                     Commission in carrying out and
                     complying with the management plans;
15                   and
             (iii) to assess and audit the performance of
                     the Department and the Forest Products
                     Commission in carrying out and
                     complying with the management plans;
20   (h)    to advise the Minister on the ecologically
            sustainable management of --
               (i) State forest and timber reserves; and
              (ii) forest produce throughout the State;
      (i)   to advise the Minister on the production and
25          harvesting, on a sustained yield basis, of forest
            produce throughout the State;
      (j)   to inquire into and, subject to subsection (5), to
            advise the Minister on any matter on which the
            Minister requests advice;
30   (k)    to provide advice, upon request, on matters
            relating to land and waters vested in the
            Conservation Commission, whether solely or
            jointly with an associated body, to any body or
            person, if the provision of the advice is in the

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     Conservation and Land Management Amendment Bill 1999



     s. 10



                             public interest and it is practicable for the
                             Conservation Commission to provide it; and
                       (l)   with the approval of the Minister, to cause
                             study or research to be undertaken for the
 5                           purposes of paragraph (c).
               (2)   It is declared that the vesting in the Conservation
                     Commission of State forest, timber reserves, national
                     parks, conservation parks and nature reserves is only
                     for the purposes of subsection (1)(c), (d), (e), (f), (g),
10                   (h), (i), (k) and (l) and does not otherwise limit the
                     functions of the Department under section 33.
               (3)   Despite the Land Act 1933, land to which section 5(g)
                     applies that is vested in the Conservation Commission,
                     including the land referred to in section 155, is only
15                   vested within the meaning in subsection (2).
               (4)   Despite the Land Administration Act 1997, the placing
                     of the care, control and management of land to which
                     section 5(h) applies with the Conservation Commission
                     is only for the purposes referred to in subsection (2).
20             (5)   The Conservation Commission shall not advise the
                     Minister on any matter to which this subsection applies
                     unless, before the advice is tendered, it has --
                       (a) informed each local government in whose
                             district land directly affected by the advice is
25                           situated of the general nature of its proposed
                             advice; and
                      (b) afforded the local government a reasonable
                             opportunity to make submissions on its
                             proposed advice.
30             (6)   Subsection (5) applies to --
                      (a) any proposal to establish a new State forest,
                            timber reserve, national park, conservation park


     page 10
           Conservation and Land Management Amendment Bill 1999



                                                                 s. 10



                  or nature reserve or to enter into an agreement
                  under section 16 for the management of land as
                  a State forest, timber reserve, national park,
                  conservation park or nature reserve; and
 5          (b)   any matter to which the Minister, by written
                  direction to the Conservation Commission,
                  applies that subsection.
     (7)   Where a matter before the Conservation Commission is
           relevant to the functions of the Forest Products
10         Commission, the Conservation Commission shall refer
           that matter to the Forest Products Commission for its
           comments and advice.
     (8)   Where a matter before the Conservation Commission is
           relevant to the management of land or waters vested in
15         the Marine Authority, or is otherwise relevant to the
           functions of the Marine Authority, the Conservation
           Commission shall refer that matter to the Marine
           Authority for its comments and advice.
     (9)   Where --
20          (a) the Conservation Commission has provided
                 advice to the Minister which the Minister has
                 requested under subsection (1)(j), or is required
                 by this Act to consider or take into account;
            (b) the advice recommends that the Minister take
25               or refrain from taking specified action; and
            (c) the Minister decides to act otherwise than in
                 accordance with the recommendation,
           the Minister is to cause a copy of the advice and the
           decision to be laid before each House of Parliament
30         within 14 sitting days of that House after the making of
           the decision.




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     Conservation and Land Management Amendment Bill 1999



     s. 10



             20.         Powers of Conservation Commission
                   (1)   The Conservation Commission has power to do all
                         things necessary or convenient to be done for or in
                         connection with the performance of its functions under
 5                       this Act.
                   (2)   Without limiting subsection (1), the Conservation
                         Commission has the power to engage and manage staff.
                   (3)   The power conferred by subsection (2) --
                          (a) includes the power to determine remuneration
10                             and other terms and conditions of service of
                               staff, to remove, suspend and discipline staff
                               and to terminate the employment of staff; and
                          (b) does not preclude the delegation of any matter
                               under section 26AA.
15                 (4)   The remuneration of and other terms and conditions of
                         employment of staff are --
                          (a) not to be less favourable than is provided for
                                in --
                                   (i) an applicable industrial award, order or
20                                     agreement; or
                                  (ii) the Minimum Conditions of Employment
                                       Act 1993;
                                and
                          (b) to be determined after consultation with the
25                              Minister for Public Sector Management.
                   (5)   Nothing in this section affects the operation of the
                         Workplace Agreements Act 1993 or section 100 of the
                         Public Sector Management Act 1994.
                   (6)   Without limiting subsection (1), the Conservation
30                       Commission has the rights to take water from land
                         vested in, or land the care, control and management of

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                                                                       s. 10



                 which are placed with, the Conservation Commission
                 that would apply if --
                  (a)   that land was land alienated from the Crown;
                        and
 5                (b)   the Conservation Commission was the occupier
                        of that land,
                 within the meaning of the Rights in Water and
                 Irrigation Act 1914.
           (7)   The rights referred to in subsection (6) may be assigned
10               by the Conservation Commission to --
                  (a)   a member of the Conservation Commission;
                  (b)   a member of the staff of the Conservation
                        Commission; or
                  (c)   the Executive Director or a member of the staff
15                      of the Department.

     Subdivision 2 -- Membership and meetings of Conservation
                         Commission

     21.         Membership of Conservation Commission
           (1)   The Conservation Commission comprises 9 members
20               appointed by the Governor on the nomination of the
                 Minister.
           (2)   Subject to subsection (3) and section 22, the members
                 are to be persons who, in the opinion of the Minister --
                   (a) have knowledge of and experience in --
25                          (i) the conservation or management of
                                biodiversity;
                           (ii) environmental management, including
                                the management of the natural



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     s. 10



                                        environment for use for recreational
                                        purposes; or
                                 (iii)  the sustainable use of natural resources;
                                or
 5                        (b)   have a particular function or vocational interest
                                relevant to the functions of the Conservation
                                Commission,
                         and who, in the opinion of the Minister, are able to
                         make a contribution to the functions of the
10                       Conservation Commission.
                   (3)   One member is to be a person who, in the opinion of
                         the Minister --
                           (a) has knowledge of and experience in Aboriginal
                                cultural and Aboriginal heritage matters
15                              relevant to the functions of the Conservation
                                Committee; and
                           (b) is able to make a contribution to the functions
                                of the Conservation Commission.
                   (4)   The Governor is to appoint, on the nomination of the
20                       Minister, 2 of the members to be the chairman of the
                         Conservation Commission and the deputy chairman of
                         the Conservation Commission respectively.

             22.         Certain person not eligible for appointment
                   (1)   A person is not eligible to be appointed as, or be, a
25                       member of the Conservation Commission if the
                         person --
                           (a) holds office as the Executive Director, Director
                                of Forests, Director of National Parks, Director
                                of Nature Conservation or a member of the
30                              staff of the Conservation Commission or the
                                Department; or


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                 Conservation and Land Management Amendment Bill 1999



                                                                           s. 10



                  (b)    holds office as a commissioner, the General
                         Manager or a member of the staff of the Forest
                         Products Commission.
           (2)   A reference in this section to a person who holds an
 5               office includes a reference to a person who acts in the
                 office.

     23.         Entitlement of Executive Director and Directors to
                 attend meetings of Conservation Commission
           (1)   Reasonable notice of a meeting of the Conservation
10               Commission is to be given to the Executive Director
                 and, if in the view of the chairman any matter proposed
                 to be put before the meeting concerns the functions of a
                 Director, to that Director, and no resolution purportedly
                 passed at a meeting is valid unless such notice of the
15               meeting was duly given.
           (2)   For the purposes of subsection (1), the Executive
                 Director is to notify the chairman as to the functions of
                 the Directors and any changes to those functions.
           (3)   Subject to subsection (5), the Executive Director, or the
20               Executive Director's representative, is entitled to attend
                 any meeting and to take part in the consideration and
                 discussion of any matter before a meeting, but cannot
                 vote on any matter.
           (4)   Subject to subsection (5), a Director who receives
25               notice under subsection (1), or that Director's
                 representative, is entitled to attend the meeting to
                 which the notice applies and to take part in the
                 consideration and discussion of any matter before the
                 meeting that concerns the functions of the Director, but
30               cannot vote on any matter.
           (5)   The Conservation Commission may decide to exclude
                 the persons referred to in subsections (3) and (4) (but


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     s. 10



                          not some of them only) from a meeting while it is
                          considering a matter that relates to the functions or
                          actions of the Department.
                   (6)    In this section --
 5                        "Director" means the Director of Forests, Director of
                              National Parks or Director of Nature Conservation.

                         Subdivision 3 -- Relationship with the Minister

             24.          Minister may give directions
                   (1)    The Minister may give directions in writing to the
10                        Conservation Commission with respect to the exercise
                          or performance of its functions, either generally or in
                          relation to a particular matter, and the Conservation
                          Commission is to give effect to any such direction.
                   (2)    The text of any direction given under subsection (1) is
15                        to be included in the annual report of the Conservation
                          Commission under section 31.

             25.          Minister to have access to information
                   (1)    The Minister is entitled --
                           (a) to have information in the possession of the
20                              Conservation Commission; and
                           (b) if the information is in or on a document, to
                                have, and make and retain copies of, that
                                document.
                   (2)    For the purposes of subsection (1) the Minister may --
25                         (a) request the Conservation Commission to
                                  furnish information to the Minister;
                           (b) request the Conservation Commission to give
                                  the Minister access to information;



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                 Conservation and Land Management Amendment Bill 1999



                                                                             s. 10



                   (c)   for the purposes of paragraph (b), make use of
                         staff to obtain the information and furnish it to
                         the Minister.
           (3)   The Conservation Commission is to comply with a
 5               request under subsection (2) and make staff and
                 facilities available to the Minister for the purposes of
                 subsection (2)(c).
           (4)   In this section --
                 "document" includes any tape, disc or other device or
10                    medium on which information is recorded or
                      stored;
                 "information" means information specified, or of a
                      description specified, by the Minister that relates
                      to the functions of the Conservation Commission;
15               "staff" means the staff of the Conservation
                      Commission or the staff provided by the
                      Department under section 33(1)(ba).
                           Subdivision 4 -- General
     26.         Consultants
20               The Conservation Commission may engage persons
                 under contracts for services to provide any
                 professional, technical or other assistance that the
                 Conservation Commission considers necessary for the
                 performance of its functions under this Act.
25   26AA. Delegation
           (1)   The Conservation Commission may, by instrument,
                 delegate the performance of any of its functions except
                 this power of delegation.
           (2)   A delegation under subsection (1) may be made to --
30                (a) a member of the Conservation Commission;



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     Conservation and Land Management Amendment Bill 1999



     s. 10



                      (b)   a member of the staff of the Conservation
                            Commission; or
                      (c)   a member of the staff of the Department
                            provided under section 33(1)(ba).
 5             (3)   A delegate cannot subdelegate the performance of any
                     function unless the delegate is expressly authorized by
                     the instrument to do so.
               (4)   A function performed by a delegate of the Commission
                     is taken to be performed by the Commission.
10             (5)   A delegate performing a function under this section is
                     taken to do so in accordance with the terms of the
                     delegation unless the contrary is shown.

             26AB.   Execution of documents
               (1)   The Conservation Commission is to have a common
15                   seal.
               (2)   A document is duly executed by the Conservation
                     Commission if --
                      (a) the common seal of the Conservation
                           Commission is affixed to it in accordance with
20                         subsections (3) and (4); or
                      (b) it is signed on behalf of the Conservation
                           Commission by one or more persons authorized
                           to do so under subsection (5).
               (3)   The common seal of the Conservation Commission is
25                   not to be affixed to any document except as authorized
                     by the Conservation Commission.
               (4)   The common seal of the Conservation Commission is
                     to be affixed to a document in the presence of 2 of its
                     members, and each of them is to sign the document to
30                   attest that the common seal was so affixed.


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                                                                       s. 10



       (5)   The Conservation Commission may, by writing under
             its seal, authorize one or more of its members to sign
             documents on its behalf, either generally or subject to
             any conditions or restrictions specified in the
 5           authorization.
       (6)   A document purporting to be executed in accordance
             with this section is to be presumed to be duly executed
             until the contrary is proved.
       (7)   A document executed by a person under this section
10           without the common seal of the Conservation
             Commission is not to be regarded as a deed unless the
             person executes it as a deed and is authorized under
             subsection (5) to do so.
       (8)   Where a document is produced bearing a seal
15           purporting to be the common seal of the Conservation
             Commission, it is to be presumed that the seal is the
             common seal of the Conservation Commission until the
             contrary is proved.

     26AC. Review of Conservation Commission
20     (1)   The Minister is to carry out a review of the operations
             and effectiveness of the Conservation Commission as
             soon as is practicable after the expiration of 5 years
             from the commencement of the Conservation and Land
             Management Amendment Act 1999 and in the course of
25           that review is to have regard to --
               (a) the need for the continuation of the
                     Conservation Commission; and
               (b) any other matters that appear to the Minister to
                     be relevant.




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     Conservation and Land Management Amendment Bill 1999



     s. 11



               (2)       The Minister is to prepare a report based on the review
                         under subsection (1) and, as soon as is practicable after
                         its preparation, is to cause the report to be laid before
                         each House of Parliament.
 5                                                                                   ".

     11.       Section 26B amended
               Section 26B(7) is amended by deleting "the Authority" in each
               place where it occurs and inserting in each place instead --
               " the Conservation Commission              ".

10   12.       Heading to Part III Division 4 amended
               The heading to Part III Division 4 is amended by deleting
               "Commission, the Authority, the Council," and inserting
               instead --
               "     Conservation Commission,          ".

15   13.       Section 27 amended
               Section 27 is amended by deleting "Commission, the Authority,
               the Council," and inserting instead --
               "     Conservation Commission,        ".

     14.       Section 30 amended
20             Section 30 is amended as follows:
                   (a)    by deleting "An appointed" and inserting instead --
                          " A ";
                   (b)    by deleting "Public Service Commissioner." and
                          inserting instead --
25                        " Minister for Public Sector Management. ".




     page 20
                            Conservation and Land Management Amendment Bill 1999



                                                                                  s. 15



     15.         Section 33 amended
           (1)   Section 33(1) is amended as follows:
                  (a)        in paragraph (b) by deleting "Commission, the
                             Authority, the Council," and inserting instead --
 5                           " Conservation Commission, ";
                  (b)        after paragraph (b) by inserting the following
                             paragraphs --
                        "
                            (ba)   without limiting paragraph (b) or section 20(2),
10                                 to provide the Conservation Commission with
                                   any staff and facilities that it may reasonably
                                   require to perform its functions;
                            (bb)   to enter into a memorandum of understanding
                                   with the Forest Products Commission relating
15                                 to the performance of the Department's and that
                                   Commission's respective functions and to any
                                   other prescribed matter;
                                                                                      ";
                  (c)        after paragraph (ca) by inserting the following
20                           paragraph --
                        "
                            (cb)   to use, for the purposes of making
                                   improvements to any land to which this Act
                                   applies, any forest produce that becomes
25                                 available for use from the carrying out of --
                                      (i) necessary operations, within the meaning
                                           in section 33A(1), on nature reserves;
                                     (ii) compatible operations, within the
                                           meaning in section 33A(2), on national
30                                         parks and conservation parks; or
                                    (iii) operations, in accordance with the
                                           provisions of section 56 applicable to
                                           the land, on land vested in, or on land

                                                                                page 21
     Conservation and Land Management Amendment Bill 1999



     s. 15



                                             the care, control and management of
                                             which are placed with, the Conservation
                                             Commission that is State forest, a
                                             timber reserve or land referred to in
 5                                           section 5(g) or (h).
                                                                                           ";
                   (d)         in paragraph (dc) before "to promote" by inserting --
                               " subject to paragraph (dd), ";
                   (e)         after paragraph (dc) by inserting the following
10                             paragraph --
                          "
                              (dd)    to develop policies that provide for water to be
                                      taken from land referred to in paragraph (a);
                                                                                           ";
15                  (f)        by deleting the full stop at the end of paragraph (g) and
                               inserting a semicolon instead;
                   (g)         after paragraph (g) by inserting the following
                               paragraph --
                          "
20                             (h)    to perform any other function prescribed for the
                                      purposes of this paragraph.
                                                                                           ".
        (2)       After section 33(3) the following subsection is inserted --
              "
25                (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
30                            Irrigation Act 1914.
                                                                                           ".




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                              Conservation and Land Management Amendment Bill 1999



                                                                                   s. 16



           (3)       Section 33(5) is amended by deleting "Commission, the
                     Authority or the Marine Authority under sections 19, 22" and
                     inserting instead --
                     "
 5                           Conservation Commission or the Marine Authority
                             under sections 19
                                                                                        ".

     16.             Section 33A amended
           (1)       Section 33A(1) is amended by deleting "section 33(3)(b)" and
10                   inserting instead --
                     "     section 33(1)(cb)(i) and (3)(b)    ".
           (2)       Section 33A(2) is amended by deleting "section 33(3)(b)" and
                     inserting instead --
                     "     section 33(1)(cb)(ii) and (3)(b)   ".

15   17.             Section 34B amended
           (1)       Section 34B(2) is repealed and the following subsection is
                     inserted instead --
                 "
                     (2)     For the purposes of this section a timber sharefarming
20                           agreement is an agreement --
                               (a) by which the right to harvest a crop of trees on
                                     land is acquired by a person through the
                                     Executive Director acting as an agent and the
                                     right to establish and maintain, or the right to
25                                   maintain, the crop may be acquired --
                                        (i) by the Executive Director;
                                       (ii) by another person through the Executive
                                             Director acting as an agent; or




                                                                                page 23
     Conservation and Land Management Amendment Bill 1999



     s. 18



                                    (iii)   by the Executive Director and by
                                            another person through the Executive
                                            Director acting as an agent;
                                   and
 5                           (b)   which provides for rights, obligations and
                                   powers relating to --
                                      (i) payment of money or the giving of other
                                          consideration by the parties to the
                                          agreement; and
10                                   (ii) access to the land and, where
                                          appropriate, the undertaking of work or
                                          the provision of facilities on the land by
                                          those parties,
                                   and may provide for rights, obligations and
15                                 powers relating to the division of the crop or
                                   the proceeds of the crop between parties to the
                                   agreement (other than the Executive Director).
                                                                                       ".
           (2)        Section 34B(7a) is repealed and the following subsection is
20                    inserted instead --
                 "
                     (7a)   The Executive Director may exercise rights under or in
                            relation to a timber sharefarming agreement.
                                                                                       ".

25   18.              Section 35 amended
                      Section 35 is amended as follows:
                        (a) before "Any" by inserting the subsection
                             designation "(1)";




     page 24
                               Conservation and Land Management Amendment Bill 1999



                                                                                       s. 19



                         (b)    at the end of the section by inserting the following
                                subsection --
                 "
                     (2)       If an arrangement is made under subsection (1) with
 5                             the Forest Products Commission, the agreed amount by
                               way of payment is not to exceed the full cost to the
                               Department of providing the advice, performing the
                               work or supplying the services or facilities.
                                                                                          ".

10   19.             Section 36 amended
                     Section 36(2) is repealed.

     20.             Section 38 amended
                     After section 38(3) the following subsection is inserted --
                 "
15                   (4)       In subsection (1) --
                               "acquiring" has a meaning that accords with the
                                    meaning of "disposing of";
                               "disposing of" includes selling, leasing or disposing of
                                    in any other manner that an interest in property
20                                  may be disposed of.
                                                                                          ".

     21.             Section 49 amended
                     Section 49(a) is amended by deleting "Commission or the
                     Authority;" and inserting instead --
25                   "     Conservation Commission;       ".

     22.             Section 53 amended
           (1)       Section 53 is amended as follows:
                      (a) before "In" by inserting the subsection
                            designation "(1)";

                                                                                   page 25
     Conservation and Land Management Amendment Bill 1999



     s. 22



                      (b)    by deleting the definition of "controlling body" and
                             inserting the following definition instead --
                  "
                            "controlling body" means the Conservation
 5                              Commission or the Marine Authority;
                                                                                       ";
                      (c)    at the end of the definition of "land" by deleting the full
                             stop and inserting a semicolon instead;
                      (d)    after the definition of "land" by inserting the following
10                           definitions --
                  "
                            "Minister for Water Resources" means the Minister
                                to whom the administration of the Water and
                                Rivers Commission Act 1995 is committed;
15                          "relevant water utility", in relation to a public water
                                catchment area, means a public utility that
                                holds --
                                (a) a licence under Part III of the Rights in
                                      Water and Irrigation Act 1914 for the taking,
20                                    use or disposal of water from that area; and
                                (b) an operating licence under the Water
                                      Services Coordination Act 1995.
                                                                                         ".
        (2)       At the end of section 53 the following subsections are
25                inserted --
              "
                  (2)       Anything to be done by the Conservation Commission
                            under this Division in relation to a management plan
                            for land that is State forest or a timber reserve is to be
30                          done --
                              (a) by the Conservation Commission; or



     page 26
                     Conservation and Land Management Amendment Bill 1999



                                                                                 s. 23



                      (b)    by the Conservation Commission through the
                             agency of the Department,
                     as the case requires, acting jointly with the Forest
                     Products Commission.

 5         (3)       Anything to be done by the Conservation Commission
                     under this Division in relation to a management plan
                     for land that is or includes a public water catchment
                     area is to be done --
                       (a) by the Conservation Commission; or
10                     (b) by the Conservation Commission through the
                              agency of the Department,
                     as the case requires, acting jointly with the Water and
                     Rivers Commission and any relevant water utility.
                                                                                   ".

15   23.   Section 54 amended
           Section 54(3) is amended by deleting paragraph (a) and "and"
           after that paragraph and inserting instead --
                 "
                       (a)   by --
20                             (i)   the controlling body for that land
                                     through the agency of the Department;
                              (ii)   if the land is State forest or a timber
                                     reserve, the Conservation Commission
                                     through the agency of the Department
25                                   acting jointly with the Forest Products
                                     Commission; or
                             (iii)   if the land is or includes a public water
                                     catchment area, the Conservation
                                     Commission through the agency of the
30                                   Department acting jointly with the



                                                                            page 27
     Conservation and Land Management Amendment Bill 1999



     s. 24



                                           Water and Rivers Commission and any
                                           relevant water utility;
                                   and
                                                                                       ".
 5   24.             Section 58 amended
           (1)       Section 58 is amended by inserting before "Written" the
                     subsection designation "(1)".
           (2)       At the end of section 58 the following subsections are
                     inserted --
10               "
                     (2)    If the proposed management plan is for State forest or a
                            timber reserve, the Executive Director shall give a copy
                            of any written submission on the plan to the Forest
                            Products Commission.
15                   (3)    If the proposed management plan is for land that is or
                            includes a public water catchment area, the Executive
                            Director shall give a copy of any written submission on
                            the plan to the Water and Rivers Commission and to
                            any relevant water utility.
20                                                                                     ".
     25.             Section 59 amended
           (1)       Section 59(5) is amended by deleting "controlling body" and
                     inserting instead --
                     "     Marine Authority ".
25         (2)       After section 59(5) the following subsections are inserted --
                 "
                     (6)    The Conservation Commission shall submit a proposed
                            management plan for State forest or a timber reserve to
                            the Minister for Forest Products.




     page 28
                               Conservation and Land Management Amendment Bill 1999



                                                                                    s. 26



                      (7)     The Conservation Commission shall submit a proposed
                              management plan for land that is or includes a public
                              water catchment area to the Minister for Water
                              Resources.
 5                    (8)     If a proposed management plan is relevant to the
                              functions of the Western Australian Tourism
                              Commission under the Western Australian Tourism
                              Commission Act 1983, the controlling body shall
                              submit the plan to the Minister administering that Act.
10                                                                                       ".
     26.              Section 60 amended
           (1)        Section 60(2) is amended by deleting "and (2b)" and inserting
                      instead --
                      "     , (2b) and (2c),   ".
15         (2)        After section 60(2b) the following subsections are inserted --
                 "
                     (2c)     If the Minister for Forest Products has made
                              submissions to the controlling body on a proposed
                              management plan for State forest or a timber reserve,
20                            the Minister shall not approve the proposed plan
                              unless --
                                (a) the Minister and the Minister for Forest
                                      Products --
                                         (i) agree that the proposed plan gives effect
25                                            to those submissions; or
                                        (ii) having referred the proposed plan to the
                                              Governor, agree that it gives effect to
                                              the decision of the Governor,
                                      so far as those submissions or the Governor's
30                                    decision relate to --
                                       (iii) the production and yield of forest
                                              products;

                                                                                 page 29
     Conservation and Land Management Amendment Bill 1999



     s. 26



                              (iv)   the sustainable use of indigenous forest
                                     products;
                               (v)   the harvesting of forest products;
                              (vi)   the forest products industry; or
 5                           (vii)   a proposal under section 17(2) to cancel
                                     or amend the purpose of a timber
                                     reserve or alter a boundary of a timber
                                     reserve;
                             and
10                     (b)   the Minister and the Minister for Forest
                             Products agree that consideration has been
                             given to those submissions so far as they are
                             about other matters relating to the
                             administration of the Forest Products Act 1999.
15             (2d)   If the Minister for Water Resources has made
                      submissions to the controlling body on a proposed
                      management plan for land that is or includes a public
                      water catchment area, the Minister shall not approve
                      the proposed plan unless --
20                      (a) the Minister and the Minister for Water
                              Resources --
                                 (i) agree that the proposed plan gives effect
                                      to those submissions; or
                                (ii) having referred the proposed plan to the
25                                    Governor, agree that it gives effect to
                                      the decision of the Governor,
                              so far as those submissions or the Governor's
                              decision relate to --
                               (iii) the maintenance and protection of water
30                                    resources and the protection of water
                                      quality;
                               (iv) the management of water catchments; or


     page 30
                               Conservation and Land Management Amendment Bill 1999



                                                                                    s. 27



                                       (v)   access to and utilization of water
                                             resources;
                                      and
                                (b)   the Minister and the Minister for Water
 5                                    Resources agree that consideration has been
                                      given to those submissions so far as they are
                                      about other matters relating to the
                                      administration of --
                                         (i) the Country Areas Water Supply
10                                           Act 1947;
                                        (ii) the Metropolitan Water Supply,
                                             Sewerage, and Drainage Act 1909;
                                       (iii) the Rights in Water and Irrigation
                                             Act 1914; and
15                                     (iv) the Water Agencies (Powers) Act 1984.
                                                                                       ".
     27.         Section 62 amended
           (1)   Section 62(1) is amended as follows:
                  (a) by deleting "a controlling body" and inserting instead --
20                      " the Conservation Commission ";
                  (b) by deleting "the whole or any part of land that is vested
                        in that controlling body" and inserting instead --
                 "    any land that is vested in the Conservation Commission          ";
                     (c)        before "may in like manner" by inserting --
25                              " , subject to section 62A, ".
           (2)   After section 62(1)(d) the following paragraph is inserted --
                           "
                               (da)   a forest conservation area;
                                                                                       ".



                                                                                  page 31
     Conservation and Land Management Amendment Bill 1999



     s. 27



        (3)      Section 62(1)(f) is amended by deleting "relevant controlling
                 body" and inserting instead --
                 "     Conservation Commission     ".
        (4)      After section 62(1) the following subsection is inserted --
 5            "
               (1aa)    Subject to this section, the Minister may, on the
                        recommendation of the Minister for Forest Products,
                        by notice published in the Gazette, classify any land in
                        State forest or a timber reserve as a forest products
10                      temporary control area and may in like manner amend
                        or cancel a notice previously so published.
                                                                                   ".
        (5)      Section 62(1a) is amended by deleting "the whole or any part
                 of" and inserting instead --
15               "     any   ".
        (6)      Section 62(1b) is amended by deleting "the whole or any part of
                 the" and inserting instead --
                 "     any   ".
        (7)      After section 62(1b) the following subsections are inserted --
20            "
               (1ba)    Before making a notice under subsection (1aa), the
                        Minister shall, unless satisfied that the urgency of the
                        case requires this subsection to be dispensed with, give
                        the Conservation Commission an opportunity to make
25                      a submission on the matter, and shall take that
                        submission into account.
              (1bb)     For the purposes of section 19(9), a decision under
                        subsection (1ba) that the urgency of the case requires
                        the provision of advice by the Conservation
30                      Commission to be dispensed with shall be treated as a


     page 32
                               Conservation and Land Management Amendment Bill 1999



                                                                                      s. 28



                              decision to act otherwise than in accordance with a
                              recommendation.
                                                                                         ".
           (8)        Section 62(1e) is amended after "notice under subsection" by
 5                    inserting --
                      "     (1aa),   ".
           (9)        After section 62(2) the following subsection is inserted --
                 "
                     (2a)     A classification of land as a forest products temporary
10                            control area under subsection (1aa) shall only be made
                              for the purposes of public safety or the safety of
                              persons engaged in the harvesting or stockpiling of
                              forest products, or in the construction or maintenance
                              of roads, under the Forest Products Act 1999, and a
15                            notice of classification --
                                (a) shall not have effect for a period exceeding
                                      90 days; but
                                (b) may be made more than once for the same
                                      purpose and for the same area.
20                                                                                       ".
         (10)         Section 62(4) is repealed.

     28.              Section 62A inserted
                      After section 62 the following section is inserted in Part V --
     "
25           62A.             Amendment and cancellation of forest conservation
                              area classification
                      (1)     If the Minister proposes to publish a notice (a
                              "proposed notice") under section 62(1)(da) to amend
                              or cancel a notice that classifies land as a forest
30                            conservation area, the Minister is to cause the proposed
                              notice to be laid before each House of Parliament.

                                                                                    page 33
     Conservation and Land Management Amendment Bill 1999



     s. 29



               (2)       Section 42(2), (3) and (5) of the Interpretation
                         Act 1984 apply to a proposed notice laid before each
                         House of Parliament under subsection (1) as if the
                         proposed notice was a regulation, and the notice can
 5                       only be published under section 62(1)(da) if --
                           (a) it has not ceased to have effect; and
                           (b) there is no longer any possibility of it ceasing to
                                have effect,
                         under section 42(2) of that Act as applied by this
10                       subsection.
                                                                                     ".

     29.       Section 64 amended
               Section 64(1) is amended as follows:
                 (a) in paragraph (g) after "section 35 for the" by
15                    inserting --
                      " provision of advice, ";
                (b) after paragraph (g) by deleting "and" and inserting the
                      following --
                     "
20                       (ga)   subject to any direction of the Treasurer,
                                moneys received by the Department or the
                                Executive Director, as the case requires, by way
                                of --
                                  (i) payments under section 41(2)(d) of the
25                                      Forest Products Act 1999; and
                                 (ii) recovery of the costs referred to in
                                        section 54(1)(c) and (d) of that Act;
                                and
                                                                                     ".




     page 34
                        Conservation and Land Management Amendment Bill 1999



                                                                                 s. 30



     30.     Section 87 amended
             Section 87(1) is amended as follows:
                  (a)    after the definition of "Crown land" by inserting the
                         following definition --
 5           "
                        "forest produce" does not include --
                            (a) trees, parts of trees, timber, sawdust, chips,
                                  charcoal, gum, kino, resin or sap; or
                            (b) firewood to which regulations made under
10                                section 128(1)(d)(ix) apply;
                                                                                   ";
                  (b)    by deleting the definition of "permit";
                  (c)    in the definition of "licence" --
                           (i) after "means" by inserting --
15                               " , except in section 97A, "; and
                           (ii) by deleting the full stop at the end of the
                                definition and inserting a semicolon instead;
                  (d)    by inserting after the definition of "licence" the
                         following definition --
20           "
                        "permit" means, except in section 97A, a permit
                            described in section 89.
                                                                                   ".

     31.     Section 87A inserted
25           After section 87 the following section is inserted --
     "
           87A.         Restriction on exercise of powers
             (1)        Subject to subsection (2), the powers conferred on the
                        Executive Director by this Division are exercisable
30                      only --

                                                                           page 35
     Conservation and Land Management Amendment Bill 1999



     s. 31



                      (a)   with the approval of the Minister;
                      (b)   in the case of land vested in the Conservation
                            Commission, after consultation with the
                            Conservation Commission;
 5                    (c)   in the case of land classified under Division 2
                            of Part V as a forest conservation area,
                            consistently with any management plan for the
                            land concerned;
                      (d)   in the case of land in a public water catchment
10                          area, consistently with the provisions of the
                            Country Areas Water Supply Act 1947 and the
                            Metropolitan Water Supply, Sewerage, and
                            Drainage Act 1909 relating to the protection of
                            water quality; and
15                    (e)   in conformity with section 33(3).
               (2)   In the case of land other than land classified under
                     Division 2 of Part V as a forest conservation area,
                     subsection (1)(a) and (b) do not apply to the grant or
                     renewal of a permit, licence or lease, or the entering
20                   into or renewal of a contract, under this Division where
                     the appropriate approval has been given under
                     paragraph (a) and, if applicable, the appropriate
                     consultation has taken place under paragraph (b) for --
                       (a) the grant under this Division of certain kinds of
25                            permits, licences or leases or certain numbers
                              of permits, licences or leases;
                       (b) the entering into under this Division of certain
                              kinds of contracts or certain numbers of
                              contracts;
30                     (c) the renewal, transfer, cancellation or suspension
                              of, or the imposition or variation of terms or
                              conditions attached to, a permit or licence
                              granted, or a contract entered into, under this
                              Division; or

     page 36
                       Conservation and Land Management Amendment Bill 1999



                                                                               s. 32



                         (d)   the renewal of a lease granted under this
                               Division,
                       and the permit, licence or lease granted or renewed, or
                       the contract entered into or renewed, is covered by the
 5                     terms of that approval and, if applicable, that
                       consultation.
                                                                                  ".
     32.         Section 92 amended
           (1)   Section 92(1), (2), (3) and (4) are amended by deleting
10               "royalties" and inserting instead --
                 "   forest produce charges   ".
           (2)   Section 92(5) is repealed.

     33.         Section 95 amended
                 Section 95(1) and (2) are amended by deleting "royalties," and
15               inserting instead --
                 "   forest produce charges or other   ".

     34.         Section 96 amended
           (1)   Section 96(1), (2) and (3) are repealed.
           (2)   Section 96(4) is amended by deleting "this section and to".
20         (3)   Section 96(5) is amended by deleting "this section" and
                 inserting instead --
                 "   subsection (4)   ".

     35.         Section 97 replaced by sections 97 and 97A
                 Section 97 is repealed and the following sections are inserted
25               instead --




                                                                           page 37
     Conservation and Land Management Amendment Bill 1999



     s. 35



     "
             97.         Forest leases
                   (1)   The Executive Director may grant a lease of land
                         within State forest or a timber reserve for a term not
 5                       exceeding 21 years on such terms and conditions as the
                         Executive Director thinks fit.
                   (2)   A lease granted under subsection (1) may include an
                         option or options to renew that lease for a further term
                         or terms not exceeding, in the aggregate, 21 years.
10                 (3)   A lease granted under this section shall be laid before
                         each House of Parliament within 14 sitting days of its
                         execution by all parties to the grant or renewal.
                   (4)   No compensation shall be payable to a lessee under a
                         forest lease, on the expiration of the lease, for any
15                       improvements to the land comprised in the lease; but
                         the lessee shall be entitled, at any time before the
                         expiration of the lease, to remove any buildings or
                         fences erected by the lessee or to dispose of them to an
                         incoming tenant.

20           97A.        Licences for use of land
                   (1)   The Executive Director may grant a licence in writing
                         to any person to enter and use any land to which this
                         Division applies.
                   (2)   The Minister, after consultation with the Conservation
25                       Commission and on the recommendation of the
                         Executive Director, may, by notice published in the
                         Gazette, declare that a permit is required for the
                         carrying on of any activity specified in the notice on
                         land to which this Division applies.
30                 (3)   The Executive Director may grant to a person a permit
                         of the kind required by a declaration made under
                         subsection (2).

     page 38
           Conservation and Land Management Amendment Bill 1999



                                                                    s. 35



     (4)   A person shall not, on any land to which this Division
           applies, carry on any activity for which a permit is
           required by a declaration made under subsection (2)
           unless the person is --
 5           (a) the holder of a permit of the kind required by
                   the declaration; or
             (b) authorized to carry on that activity on the land
                   under this Act or another written law.
           Penalty: $4 000.
10   (5)   Subsections (2) to (4) do not affect the operation of
           section 128 or 129 or regulations made under either
           section.
     (6)   If a permit is granted under this section that authorizes
           the removal of water from land to which this Division
15         applies --
             (a) the granting of the permit does not limit the
                   operation of the Rights in Water and Irrigation
                   Act 1914;
             (b) the permit can apply only to land for which
20                 there is a management plan in force that
                   provides for water to be taken from the land;
                   and
             (c) the permit cannot authorize an activity to be
                   carried on for the purposes of the removal of
25                 water from land unless the activity is consistent
                   with that management plan.
     (7)   The Executive Director may renew the period of
           operation of a licence or permit under this section from
           time to time, or transfer the authority it confers from
30         one person to another, or, where its operation relates to
           any place, may transfer that operation to another place
           of the same kind.


                                                               page 39
     Conservation and Land Management Amendment Bill 1999



     s. 36



                  (8)        A licence or permit under this section may be granted,
                             renewed or transferred subject to such conditions as the
                             Executive Director thinks fit, and those conditions --
                               (a) are to be endorsed on or attached to the licence
 5                                  or permit when granted, renewed or transferred,
                                    as the case may be; and
                               (b) may be added to, cancelled, suspended and
                                    otherwise varied by the Executive Director
                                    from time to time during the operation of the
10                                  licence or permit.
                  (9)        The holder of a licence or permit under this section
                             shall not contravene or fail to comply with any
                             condition endorsed on or attached to the licence or
                             permit.
15                           Penalty: $4 000.
                 (10)        Where the holder of a licence or permit under this
                             section contravenes or fails to comply with any
                             condition endorsed on or attached to the licence or
                             permit, the Executive Director may, by notice in
20                           writing to the holder, cancel the licence or permit or
                             suspend it for such period as the Executive Director
                             thinks fit.
                                                                                        ".

     36.          Section 99 amended
25         (1)    Section 99(1) is amended by deleting "The" and inserting
                  instead --
                  "     Subject to subsection (2), the     ".
           (2)    Section 99(1)(a) is deleted and the following paragraphs are
                  inserted instead --
30                       "
                               (a)   with the approval of the Minister;


     page 40
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                                                                           s. 36



                   (aa)   in the case of land vested in the Conservation
                          Commission, after consultation with the
                          Conservation Commission and, where
                          applicable, an associated body;
 5                 (ab)   in the case of land vested in the Marine
                          Authority, after consultation with the Marine
                          Authority;
                                                                             ".
     (3)   Section 99(1)(aa) (as enacted before the commencement of this
10         section) is amended by deleting the paragraph designation
           "(aa)" and inserting the paragraph designation "(ac)" instead.
     (4)   Section 99(1) is amended by deleting paragraph (b) and "and"
           after that paragraph and inserting instead --
               "
15                  (b)   in the case of land for the management of
                          which an agreement is entered into under
                          section 16, consistently with the agreement;
                   (ba)   in the case of land in a public water catchment
                          area, consistently with the provisions of the
20                        Country Areas Water Supply Act 1947 and the
                          Metropolitan Water Supply, Sewerage, and
                          Drainage Act 1909 relating to the protection of
                          water quality; and
                                                                             ".
25   (5)   Section 99(2) is amended as follows:
            (a) by deleting "Subsection (1)(a) does" and inserting
                  instead --
                  " Subsection (1)(a), (aa) and (ab) do ";
            (b) by deleting "approvals have been given under that
30                paragraph" and inserting instead --




                                                                      page 41
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     s. 37



                      "
                                approval has been given under paragraph (a) and, if
                                applicable, the appropriate consultation has taken place
                                under paragraph (aa) or (ab)
 5                                                                                          ";
                          (c)    in paragraph (c), by deleting "for";
                          (d)    by deleting "those approvals." and inserting instead --
                      "
                                that approval and, if applicable, that consultation.
10                                                                                          ".
     37.              Section 101 amended
           (1)        Section 101(1a) is amended by deleting "on the
                      recommendation of the Authority, the Commission or the
                      Executive Director, as the case requires," and inserting
15                    instead --
                      "
                                after consultation with the Conservation Commission
                                or the Marine Authority, as the case requires, and on
                                the recommendation of the Executive Director,
20                                                                                          ".
           (2)        After section 101(1d) the following subsection is inserted --
                 "
                     (1e)       If a permit is granted under this section that authorizes
                                the removal of water from land --
25                                (a) the granting of the permit does not limit the
                                        operation of the Rights in Water and Irrigation
                                        Act 1914;
                                  (b) the permit can apply only to land vested in the
                                        Conservation Commission for which there is a
30                                      management plan in force that provides for
                                        water to be taken from the land; and
                                  (c) the permit cannot authorize an activity to be
                                        carried on for the purposes of the removal of

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                                                                               s. 38



                              water from land unless the activity is consistent
                              with the management plan.
                                                                                    ".

     38.        Section 103 amended
 5              After section 103(2) the following subsections are inserted --
           "
               (2a)   A person has lawful authority for the purposes of
                      subsection (1) in relation to land that is classified under
                      Division 2 of Part V as a forest conservation area only
10                    if the person fells, cuts, injures, destroys, obtains, or
                      removes any forest produce in, on, or from that land in
                      accordance with --
                         (a) a written authorization given by the Executive
                               Director; or
15                       (b) a Part VIII Division 1 authorization.
               (2b)   The power of the Executive Director to give an
                      authorization under subsection (2a)(a) is exercisable
                      only --
                        (a) consistently with any management plan for the
20                            land concerned;
                        (b) with the approval of the Minister;
                        (c) in the case of land for the management of
                              which an agreement is entered into under
                              section 16, consistently with the agreement; and
25                      (d) in conformity with section 33(3).
               (2c) In subsection (2a)(b) --
                   "Part VIII Division 1 authorization" means --
                          (a) a contract entered into under
                               section 88(1)(b);
30                        (b) a permit described in section 89;
                          (c) a licence described in section 90; or

                                                                            page 43
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     s. 39



                            (d)   a licence or permit granted under
                                  section 97A.
                                                                                 ".

     39.          Section 107 amended
 5                Section 107 is amended as follows:
                    (a) in paragraph (f) by deleting "royalty assessment" and
                         inserting instead --
                         " assessment of forest produce charges ";
                   (b) in paragraph (i) by deleting "royalty" and inserting
10                       instead --
                         " forest produce charge ";
                    (c) in paragraph (j) by deleting "royalties, fees, or charges"
                         and inserting instead --
                         " forest produce charges or other charges or fees ".

15   40.          Section 117 amended
                  Section 117 is amended as follows:
                    (a) by deleting "royalty dues or" and inserting instead --
                         " forest produce charges or other ";
                   (b) by deleting "dues and".

20   41.          Section 118 amended
                  After section 118(1) the following subsection is inserted --
             "
                 (1a)   The power to seize forest produce under subsection (1)
                        does not apply to things that are forest products that
25                      may be seized under section 60 of the Forest Products
                        Act 1999.
                                                                                 ".




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                                                                           s. 42



     42.     Section 119 amended
             Section 119 is amended by deleting "royalty, dues, or charges,"
             and inserting instead --
             "     forest produce charges or other charges or dues ".

 5   43.     Section 127 amended
             Section 127(c) is amended as follows:
               (a) by deleting "subject to section 96,";
              (b) by deleting "charges, and royalties," and inserting
                    instead --
10                  " forest produce charges and other charges, ".

     44.     Section 128 amended
             Section 128(1)(d)(iii) is amended by deleting "royalties" and
             inserting instead --
             "     forest produce charges   ".

15   45.     Section 130A inserted
             After section 130 the following section is inserted in Part X --
     "
           130A.     Regulations as to rights of holders of mining
                     tenements to take forest produce
20           (1)     The regulations may provide for --
                      (a) the rights of the holder of a mining tenement to
                            take forest produce from the land comprising
                            the tenement; or
                      (b) in the case of mining tenements within the
25                          boundaries of State forest or timber reserves,
                            the forest produce charges to be paid for forest
                            produce taken under regulations made under



                                                                        page 45
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     s. 46



                             paragraph (a) and the application and
                             expenditure of such charges.
               (2)   In subsection (1) --
                     "mining tenement" has the same meaning as it has in
 5                        the Mining Act 1978.
                                                                                  ".

     46.       Section 131A inserted
               After section 131 the following section is inserted --
     "
10           131A.   Tabling of Ministerial directions
               (1)   The Minister must cause the text of any direction under
                     section 24(1) or 26C(1) to be laid before each House of
                     Parliament, or dealt with under subsection (2), within
                     14 days after the direction is given.
15             (2)   If --
                       (a)   at the commencement of the period referred to
                             in subsection (1) a House of Parliament is not
                             sitting; and
                      (b)    the Minister is of the opinion that that House
20                           will not sit during that period,
                     the Minister is to transmit a copy of the direction to the
                     Clerk of that House.
               (3)   A copy of a direction transmitted to the Clerk of a
                     House is to be regarded --
25                    (a) as having been laid before that House; and
                      (b) as being a document published by order or
                            under the authority of that House.
               (4)   The laying of a copy of a direction that is regarded as
                     having occurred under subsection (3)(a) is to be
30                   recorded in the Minutes, or Votes and Proceedings, of

     page 46
                         Conservation and Land Management Amendment Bill 1999



                                                                                 s. 47



                         the House on the first sitting day of the House after the
                         Clerk received the copy.
                                                                                     ".

     47.         Section 132 amended
 5               Section 132 is amended by deleting "Commission, Authority or
                 Council," and inserting instead --
           "
                 Conservation Commission, Marine Authority or Marine
                 Committee,
10                                                                                   ".

     48.         Schedule amended
           (1)   The amendments in this section are to the Schedule.
           (2)   The heading is amended by deleting "Commission, the
                 Authority, the Council," and inserting instead --
15               "   Conservation Commission,       ".
           (3)   Clause 1(1) is amended by deleting "an appointed" and inserting
                 instead --
                 "   a    ".
           (4)   Clause 1(2) is amended by deleting "An appointed" and
20               inserting instead --
                 "   A    ".
           (5)   Clause 2 is amended as follows:
                  (a) by deleting "an appointed" and inserting instead --
                        " a ";
25                (b) after paragraph (b) by inserting --
                        " or ";
                  (c) after paragraph (c) by deleting "; or" and inserting a full
                        stop instead;

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     Conservation and Land Management Amendment Bill 1999



     s. 48



                      (d)         by deleting paragraph (d).
        (6)       Clause 3(1) is amended by deleting "or (3)".
        (7)       Clause 3(2) is amended by deleting "an appointed" and inserting
                  instead --
 5                "     a        ".
        (8)       Clause 3(3) is repealed.
        (9)       Clause 4(2) is amended as follows:
                   (a) after paragraph (a) by inserting --
                         " or ";
10                 (b) by deleting paragraphs (b) and (c) and "or" after
                         paragraph (b) and inserting the following paragraph
                         instead --
                            "
                                  (b)    any 4 members.
15                                                                                                 ".
       (10)       Clause 4(3) is amended by deleting ", in the case of the
                  Authority, the Council or the Marine Authority,".
       (11)       Clause 4(4)(a) is amended by deleting "(at least one of whom
                  shall be an ex officio member, in the case of a body with ex
20                officio members)".
       (12)       Clause 5A(1) is amended by deleting the subclause designation
                  "(1)" and inserting instead the subclause designation "(1a)".
       (13)       Clause 5A is amended before the first subclause by inserting the
                  following subclause --
25            "
                  (1)           The Conservation 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.
30                                                                                                 ".

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                                                                              s. 49



      (14)       Clause 5A(2) is amended by deleting "such a committee" and
                 inserting instead --
                 "   a committee under subclause (1) or (1a) ".
      (15)       Clause 5A(3) is amended by deleting "Marine Authority," and
 5               inserting instead --
                 "
                       Conservation Commission or Marine Authority, as the case
                       requires,
                                                                                  ".

10   49.         Various references to "Authority" amended
                 The provisions mentioned in the Table to this section are
                 amended by deleting "Authority" in each place where it occurs
                 (or as otherwise indicated in the Table) and inserting instead --
                 "   Conservation Commission        ".
15                                          Table
                 section 6(3)(a)              section 7(2a)
                 section 6(3)(b)              section 7(4) (in second and
                 section 6(3)(c)                third places only)
                 section 6(5)(a)              section 59(3)
                 section 6(5)(b)              section 64(1)(d)
                 section 6(5)(c)              section 99A(1)
                 section 7(2)

     50.         References to the department amended
           (1)   The provisions mentioned in the Table to this subsection are
                 amended by deleting "and Land Management" in each place
                 where it occurs.
20                                          Table
                 section 3 (definition of     section 32
                   "Department")              section 38(2)
                 Part IV heading              section 75


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    Conservation and Land Management Amendment Bill 1999



    s. 51



          (2)   The enactments mentioned in the Table to this subsection are
                amended by deleting "and Land Management" in each place
                where it occurs (or as otherwise indicated in the Table).
                                         Table
                Agriculture and Related Resources Protection Act 1976:
                   section 94(1)(b)(iv) (in first place only)
                Bush Fires Act 1954: sections 28(4)(a) and (b); 34(2)(a) and
                   (b); 37(2)(a) and (b); 58(3); 66(1)(b)(iii)
                Government Employees Superannuation Act 1987:
                   Schedule 1
                Wildlife Conservation Act 1950: section 6(1) (in first place
                   only)

5   51.         Transitional provisions
                Schedule 1 has effect.




    page 50
                       Conservation and Land Management Amendment Bill 1999



                                              Transitional provisions     Schedule 1



                    Schedule 1 -- Transitional provisions
                                                                                 [s. 51]

     1.         Definitions
                In this Schedule --
 5              "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,
10                 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
15                  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;
20              "forest products" has the same meaning as it has in the Forest
                     Products Act;
                "Forest Products Act" means the Forest Products Act 1999;
                "Forest Products Commission" means the Forest Products
                    Commission established by the Forest Products Act;
25              "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
30              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


                                                                             page 51
     Conservation and Land Management Amendment Bill 1999



     Schedule 1         Transitional provisions



                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
 5              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
10              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.
15        (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
20              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
25              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.
30        (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,

     page 52
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                                               Transitional provisions      Schedule 1



                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
 5              Act.

     4.         Transfer of rights and obligations under certain timber
                sharefarming agreements under CALM Act
                A timber sharefarming agreement referred to in section 34B of the
                CALM Act that is in effect immediately before the commencement of
10              this Act has effect as if --
                  (a)   any rights held by the Executive Director under the
                        agreement to harvest a crop of trees (otherwise than as an
                        agent for another person) were held by the Executive Director
                        as an agent for the Forest Products Commission; and
15                (b)   any rights, obligations or powers held by, or imposed or
                        conferred on, the Executive Director under that agreement as
                        to the division of a crop of trees or the proceeds of a crop of
                        trees were rights, obligations or powers held by, or imposed
                        or conferred on, the Forest Products Commission.

20   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 (otherwise than as an agent for
25              another person) 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)   Subclause (1) applies only to the extent that the agreement relates to
30              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


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     Schedule 1         Transitional provisions



               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
 5                      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; or
                  (c)   arrangements for the harvesting and sale of things produced
10                      under timber sharefarming agreements referred to in
                        section 34B of the CALM Act that are forest products.
        (2)    On the publication of an order under subclause (1) a position referred
               to in the order is transferred to the Forest Products Commission.
        (3)    A person holding a position when it is transferred to the Forest
15             Products Commission is to be regarded as having been engaged under
               section 38 of the Forest Products Act.
        (4)    Except as otherwise agreed by a person referred to in subclause (3),
               the remuneration, existing or accrued rights (including the right to be
               employed for an indefinite period in the Public Service), rights under
20             a superannuation scheme or terms, conditions or continuity of service
               of the person are not affected, prejudiced or interrupted by the
               operation of subclauses (2) and (3).
        (5)    If a person referred to in subclause (3) was a contributor as defined in
               the Superannuation and Family Benefits Act 1938 immediately before
25             becoming a Commission employee, the person may continue to be a
               contributor under that Act after becoming a Commission employee.
        (6)    For the purposes of subclause (5), the Forest Products Commission --
                 (a) is a department as defined by the Superannuation and Family
                        Benefits Act 1938; and
30                (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.
        (7)    If a transferred employee ceases to be a Commission employee, he or
               she is entitled to employment as a public service officer in the


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                                                Transitional provisions      Schedule 1



                 Department at the same level of classification as he or she held
                 immediately before becoming a Commission employee.
           (8)   A person does not have an entitlement under subclause (7) if his or
                 her employment as a Commission employee was terminated, or he or
 5               she was dismissed, for substandard performance, breach of discipline
                 or misconduct.
           (9)   Subclause (7) 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 (7).
10        (10)   When a person ceases to be a Commission employee and becomes a
                 public service officer under an entitlement under subclause (7), 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
15               and Family Benefits Act 1938.
          (11)   If no suitable vacancy is available to meet a person's entitlement
                 under subclause (7), 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.
20        (12)   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 (3)
                      who, immediately before becoming a Commission employee,
25                    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
30               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.



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     Schedule 1          Transitional provisions



           (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
 5               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
10               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
15               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.

20   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.

25   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
30               as a member of the Conservation Commission.

     10.         References to the department to be read as references under its
                 new name
                 If in a written law or other document there is a reference that is, or is
                 to be regarded as, a reference to the Department of Conservation and


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                                                 Transitional provisions      Schedule 1



                 Land Management, that reference may, where the context so requires,
                 be read as if it had been amended to be a reference to the Department
                 of Conservation.

     11.         Certain regulations under CALM Act taken to have been made
 5               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 65 of the
                 Forest Products Act.
10         (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;
15                 (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;
20                 (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
25                        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 unauthorized destruction, cutting, injuring or removing of
30                        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


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     Schedule 1          Transitional provisions



                         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;
 5                 (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.
10         (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)
15               applies.

     12.         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
20               Schedule.

     13.         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
25               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 --
30                 (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

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                          Conservation and Land Management Amendment Bill 1999



                                                  Transitional provisions        Schedule 1



                   (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.
 5         (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
10                       (b)   the Forest Products Act.

     14.         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
15                         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
20                         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
25                 (e)     as releasing or allowing the release of any surety.




 


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