[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Conservation and Land Management Amendment Bill 2015 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Conservation and Land Management Act 1984 amended 3. Act amended 3 4. Long title amended 3 5. Section 3 amended 3 6. Section 4 amended 4 7. Section 5 amended 5 8. Section 6 amended 5 9. Section 7 amended 7 10. Section 8AA inserted 8 8AA. Land may be vested jointly in Commission and Aboriginal body corporate 8 11. Part II Division 2A inserted 10 Division 2A -- Regional parks 8D. Terms used 10 8E. Recognition of regional parks 11 8F. CEO may coordinate management of regional parks 12 12. Section 9 replaced 12 9. Changes to State forest 12 10A. Parliamentary procedure in relation to changes to State forest 13 13. Section 10 replaced 15 10. Reservation of, and changes to, timber reserves 15 14. Section 13 amended 16 107--1B page i Conservation and Land Management Amendment Bill 2015 Contents 15. Section 13AA inserted 17 13AA. Minister's powers to change Class A marine reserve 17 16. Section 13B amended 18 17. Section 14 amended 22 18. Section 17 amended 23 19. Part III heading replaced 24 Part III -- Conservation and Parks Commission 20. Part III Division 1 heading replaced 24 Division 1 -- Conservation and Parks Commission established 21. Part III Division 1 Subdivision 1 heading deleted 24 22. Section 18 amended 25 23. Section 19 amended 25 24. Section 20 amended 27 25. Part III Division 1 Subdivision 2 heading deleted 27 26. Part III Division 2 heading inserted 27 Division 2 -- Membership and meetings of Commission 27. Section 21 amended 27 28. Section 22 amended 28 29. Section 23 replaced 28 23. Other persons entitled to attend meetings of Commission 28 30. Part III Division 1 Subdivision 3 heading deleted 30 31. Part III Division 3 heading inserted 30 Division 3 -- Relationship with Minister 32. Section 25 amended 30 33. Part III Division 1 Subdivision 4 heading deleted 31 34. Part III Division 4 heading inserted 31 Division 4 -- General provisions 35. Section 26 replaced 31 26. Commission may engage consultants 31 36. Section 26AA amended 31 37. Section 26AC amended 32 38. Part III Divisions 3A and 3B deleted 32 39. Part III Division 4 heading deleted 32 40. Sections 27 and 28 deleted 32 41. Section 29 replaced 32 29. Constitution and proceedings of Commission 32 page ii Conservation and Land Management Amendment Bill 2015 Contents 42. Section 33 amended 32 43. Section 53 amended 34 44. Section 54 amended 34 45. Section 56A amended 34 46. Section 56B inserted 35 56B. Section 56A agreement may be continued for new management plan 35 47. Section 60 amended 36 48. Section 62 amended 36 49. Section 64 replaced 37 64. Certain moneys credited to Department 37 50. Section 97 amended 38 51. Section 99 amended 38 52. Section 100 amended 38 53. Section 101 amended 38 54. Section 104 amended 39 55. Part IX Division 4A heading inserted 39 Division 4A -- Infringement notices 56. Section 114AA inserted 39 114AA. Terms used 39 57. Section 114A amended 40 58. Sections 114B to 114E inserted 42 114B. Infringement notices for vehicle offences 42 114C. Onus of responsible person for vehicle offence 43 114D. Infringement notices for vessel offences 45 114E. Onus of responsible person for vessel offence 45 59. Section 121 inserted 47 121. Entry powers in relation to occupied land 47 60. Section 126 amended 49 61. Section 130 amended 49 62. Section 131 amended 50 63. Section 131A amended 50 64. Section 132 replaced 50 132. Protection from personal liability 50 65. Part XII heading replaced 51 Part XII -- Conservation and Land Management Act 1984, repeal, savings, transitional and validation 66. Part XIII inserted 52 page iii Conservation and Land Management Amendment Bill 2015 Contents Part XIII -- Conservation and Land Management Amendment Act 2015 saving and transitional provisions 157. Terms used 52 158. Certain liabilities and assets to be vested in the Executive Body 52 159. Land and waters vested in the Conservation Commission or Marine Authority 53 160. Completion of things commenced 54 161. Continuing effect of things done 54 162. Reports and notifications 54 163. Management plans 55 164. Section 57A exemptions 55 165. Members of Conservation Commission, Authority and Marine Committee 55 166. Registration of documents 56 167. Transfer of documents 56 168. Transitional regulations 56 169. Saving 57 170. Interpretation Act 1984 not affected 58 67. Schedule heading replaced 58 Schedule 1 -- Provisions as to constitution and proceedings of the Commission 68. Schedule amended 58 69. Various references to "Conservation Commission" amended 59 70. Various references to "controlling body" amended 60 71. Various references to "associated body" amended 61 Part 3 -- Other Acts amended 72. Constitution Acts Amendment Act 1899 amended 63 73. Fish Resources Management Act 1994 amended 63 74. Fishing and Related Industries Compensation (Marine Reserves) Act 1997 amended 66 75. Forest Products Act 2000 amended 66 76. Land Administration Act 1997 amended 67 77. Mining Act 1978 amended 67 78. Swan and Canning Rivers Management Act 2006 amended 67 page iv Western Australia LEGISLATIVE ASSEMBLY Conservation and Land Management Amendment Bill 2015 A Bill for An Act to amend the Conservation and Land Management Act 1984 and to consequentially amend other Acts. The Parliament of Western Australia enacts as follows: page 1 Conservation and Land Management Amendment Bill 2015 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Conservation and Land Management Amendment 4 Act 2015. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 3 1 Part 2 -- Conservation and Land Management 2 Act 1984 amended 3 3. Act amended 4 This Part amends the Conservation and Land Management 5 Act 1984. 6 4. Long title amended 7 In the long title delete "to establish authorities to be 8 responsible therefor," and insert: 9 10 to establish the Conservation and Parks Commission, 11 12 5. Section 3 amended 13 (1) In section 3 delete the definitions of: 14 associated body 15 Conservation Commission 16 Marine Authority 17 Marine Committee 18 member 19 (2) In section 3 insert in alphabetical order: 20 21 Aboriginal body corporate means a corporation 22 registered under the Corporations (Aboriginal and 23 Torres Strait Islander) Act 2006 (Commonwealth); 24 Commission means the Conservation and Parks 25 Commission established by section 18; 26 joint responsible body means each person or body that, 27 jointly with the Commission -- 28 (a) is vested with land, or land and waters; or page 3 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 6 1 (b) has the care, control and management of land, 2 or land and waters; 3 member means a member of the Commission; 4 public road means a road as defined -- 5 (a) if the Road Traffic Act 1974 section 5(1) is in 6 operation, in that section; or 7 (b) otherwise, in the Road Traffic (Administration) 8 Act 2008 section 4; 9 public utility works means -- 10 (a) drainage, electricity, gas, sewerage, telephone 11 and water services and any other services 12 prescribed for the purposes of this definition; 13 and 14 (b) navigational aids; and 15 (c) wharves, piers, jetties and bridges; and 16 (d) break-waters, slips, vessel launch ramps and 17 associated works; and 18 (e) widening or realignment of public roads; and 19 (f) any other works prescribed for the purposes of 20 this definition; 21 regional park means an area recognised under 22 section 8E as a regional park; 23 vessel has the meaning given in the Western Australian 24 Marine Act 1982 section 3(1); 25 26 6. Section 4 amended 27 In section 4(1) after "96," insert: 28 29 121 30 page 4 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 7 1 7. Section 5 amended 2 In section 5(1): 3 (a) delete paragraph (g) and insert: 4 5 (g) any other land reserved under the Land 6 Act 1933 and vested under a written law in the 7 Commission; and 8 9 (b) in paragraph (h) delete "Conservation Commission or 10 the Marine Authority, whether solely or jointly with 11 another person." and insert: 12 13 Commission or the Executive Body, either solely or 14 jointly with another person or persons. 15 16 8. Section 6 amended 17 (1) In section 6(3): 18 (a) after paragraph (a) insert: 19 20 (ba) are lands referred to in paragraph (a) that 21 become vested in the Commission jointly with 22 an Aboriginal body corporate under 23 section 8AA(5); or 24 25 (b) in paragraph (b) delete "Conservation Commission by 26 section 7(2); or" and insert: 27 28 Commission by section 7(2) or 8AA(8), or in the 29 Commission jointly with an Aboriginal body corporate 30 under section 8AA(4) or (5); or 31 page 5 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 8 1 (c) in paragraph (c) delete "Conservation Commission." and 2 insert: 3 4 Commission, either solely or jointly with an Aboriginal 5 body corporate. 6 7 (2) Delete section 6(4) and insert: 8 9 (4) Conservation parks, for the purposes of this Act, 10 comprise all lands that -- 11 (a) are reserved under the Land Act 1933 Part III, 12 or the Land Administration Act 1997 Part 4, for 13 the purpose of a conservation park and vested 14 in the Commission under section 7(2a) or 15 8AA(8), or in the Commission jointly with an 16 Aboriginal body corporate under 17 section 8AA(4) or (5); or 18 (b) under any other Act become reserved for the 19 purpose of a conservation park and vested in 20 the Commission, either solely or jointly with an 21 Aboriginal body corporate. 22 23 (3) In section 6(5): 24 (a) delete paragraph (a) and insert: 25 26 (a) by section 7(4), are vested in the Commission, 27 either solely or jointly with some other body or 28 bodies; or 29 page 6 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 9 1 (b) in paragraph (b) delete "Conservation Commission by 2 section 7(2); or" and insert: 3 4 Commission by section 7(2) or 8AA(8), or in the 5 Commission jointly with an Aboriginal body corporate 6 under section 8AA(4) or (5); or 7 8 (c) in paragraph (c) delete "Conservation Commission." and 9 insert: 10 11 Commission, either solely or jointly with an Aboriginal 12 body corporate. 13 14 9. Section 7 amended 15 (1) Delete section 7(1) and insert: 16 17 (1A) In this section, unless the contrary intention appears -- 18 vested has the meaning assigned to it by section 19(3). 19 (1B) This section does not apply to -- 20 (a) land that is vested under section 8AA(4) or (5); 21 or 22 (b) section 8A land. 23 (1) The following lands and waters are by this subsection 24 vested in the Commission -- 25 (a) State forest; 26 (b) timber reserves; 27 (c) marine management areas; 28 (d) marine nature reserves; 29 (e) marine parks. 30 page 7 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 10 1 (2) Delete section 7(5) and (6). 2 10. Section 8AA inserted 3 After section 7 insert: 4 5 8AA. Land may be vested jointly in Commission and 6 Aboriginal body corporate 7 (1) In this section -- 8 vested has the meaning assigned to it by section 19(3). 9 (2) The Minister, after consultation with the Commission, 10 may make a written determination that -- 11 (a) land that is proposed to be a national park, 12 nature reserve or conservation park, or part of a 13 national park, nature reserve or conservation 14 park, is, when reserved under the Land 15 Administration Act 1997 Part 4, to be vested 16 jointly in the Commission and a specified 17 Aboriginal body corporate; or 18 (b) a national park, nature reserve or conservation 19 park, or part of a national park, nature reserve 20 or conservation park that is vested solely in the 21 Commission, is to be vested jointly in the 22 Commission and a specified Aboriginal body 23 corporate. 24 (3) The Minister must not make a determination under 25 subsection (2) unless the Aboriginal body corporate has 26 consented to the joint vesting. 27 (4) Land in respect of which a determination is made under 28 subsection (2)(a) is, when reserved under the Land 29 Administration Act 1997 Part 4, by this subsection 30 vested jointly in the Commission and the Aboriginal 31 body corporate. page 8 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 10 1 (5) Land in respect of which a determination is made under 2 subsection (2)(b) is, on and from the date of the 3 determination or a later date that is specified in the 4 determination, by this subsection vested jointly in the 5 Commission and the Aboriginal body corporate. 6 (6) Action under subsection (5) does not change -- 7 (a) the purpose for which the land is reserved 8 under the Land Administration Act 1997; or 9 (b) the category of the land under this Act. 10 (7) In the case of land that is vested jointly in the 11 Commission and an Aboriginal body corporate under 12 subsection (4) or (5) the functions of the Aboriginal 13 body corporate in relation to the land are limited to 14 those conferred on a joint responsible body by this Act. 15 (8) If an Aboriginal body corporate in which land is vested 16 under this section is deregistered under the 17 Corporations (Aboriginal and Torres Strait Islander) 18 Act 2006 (Commonwealth) Part 12-1 or 12-2, the land 19 ceases to be vested in the Aboriginal body corporate 20 and by this section vests solely in the Commission. 21 (9) The Minister may revoke or amend a determination 22 made under subsection (2) at any time before the 23 vesting under subsection (4) or (5) of the land in 24 respect of which the determination is made. 25 page 9 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 11 1 11. Part II Division 2A inserted 2 After Part II Division 1 insert: 3 4 Division 2A -- Regional parks 5 8D. Terms used 6 In this Division -- 7 alienated land has the meaning given in the Land 8 Administration Act 1997 section 3(1); 9 Crown land has the meaning given in the Land 10 Administration Act 1997 section 3(1); 11 eligible land means land, waters, or land and waters, 12 that are above the low water mark and are -- 13 (a) alienated land; or 14 (b) Crown land unless it is land to which this Act 15 applies or section 8A land; 16 Minister for Planning means the Minister 17 administering the Planning and Development Act 2005; 18 person responsible, for eligible land, means -- 19 (a) if the land is alienated land, each of these 20 persons -- 21 (i) the owner; 22 (ii) any person who has an interest in the 23 land that is registered under the Transfer 24 of Land Act 1893 or the Registration of 25 Deeds Act 1856; 26 (iii) the lessee, if any, of the land; 27 (b) if the land is Crown land, each of these 28 persons -- 29 (i) the Land Administration Minister; page 10 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 11 1 (ii) the management body (as defined in the 2 Land Administration Act 1997 3 section 3(1)), if any, of the land under 4 that Act; 5 (iii) the person, if any, in whom the land is 6 vested under a written law other than 7 the Land Administration Act 1997; 8 (iv) the person, if any, who has the control 9 and management of the land under a 10 written law other than the Land 11 Administration Act 1997; 12 (v) the lessee, if any, of the land; 13 (vi) if exclusive native title has been 14 determined under the NT Act to exist in 15 relation to the land, the registered native 16 title body corporate (as defined in the 17 NT Act section 253) in respect of the 18 native title rights and interests 19 concerned. 20 8E. Recognition of regional parks 21 (1) The Minister, with the concurrence of the Minister for 22 Planning, may by order published in the Gazette 23 recognise as a regional park for the purposes of 24 section 8F an area of land that the Minister considers to 25 have regionally significant conservation, landscape 26 protection or recreation values. 27 (2) The area may include any or all of the following 28 categories of land -- 29 (a) eligible land; 30 (b) land to which this Act applies; 31 (c) section 8A land. 32 (3) The Minister must not include an area of eligible land 33 in an area recognised as a regional park unless each page 11 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 12 1 person responsible for that area of eligible land has 2 given written consent. 3 8F. CEO may coordinate management of regional 4 parks 5 (1) The CEO may coordinate the management of a 6 regional park. 7 (2) For the purposes of subsection (1), the Commission 8 may through the agency of the CEO prepare a plan of 9 management for the regional park. 10 11 12. Section 9 replaced 12 Delete section 9 and insert: 13 14 9. Changes to State forest 15 (1) Land ceases to be State forest only by virtue of an Act 16 or in the manner provided for in subsection (3) or 17 section 10A. 18 (2) The purpose, or combination of purposes, notified in 19 respect of a State forest under section 60(3)(a) or 60A 20 cannot be amended except by virtue of an Act or in the 21 manner provided for in section 10A. 22 (3) The Minister, after consultation with the Commission 23 and the Minister for Forest Products, may by order -- 24 (a) amend a State forest for the purpose of 25 correcting one or more unsurveyed boundaries 26 of the State forest in such a manner that the 27 area of the State forest, if reduced at all, is 28 reduced by not more than 5%; or 29 (b) excise 5% or 5 hectares, whichever is the less, 30 of the area of the State forest for the purpose of 31 public utility works or roads; or page 12 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 12 1 (c) redescribe locations or lots, or adjust the areas 2 of locations or lots, in a State forest if the 3 external boundaries of the State forest remain 4 unchanged; or 5 (d) amalgamate 2 or more State forests which have 6 similar purposes notified under section 60(3)(a) 7 or 60A. 8 (4) The Minister must, not less than 30 days before acting 9 under subsection (3) or section 10A in relation to a 10 State forest, advertise the intention to so act -- 11 (a) in a newspaper circulating throughout the State; 12 or 13 (b) on the Department's website. 14 (5) On the making of an order under subsection (3)(a) or 15 (b) excising land from a State forest, the excised land 16 ceases to be State forest and becomes Crown land 17 within the meaning of the Land Administration 18 Act 1997. 19 10A. Parliamentary procedure in relation to changes to 20 State forest 21 (1) The Governor may cause to be laid before each House 22 of Parliament a proposal that -- 23 (a) land comprising the whole or part of a State 24 forest is to cease to be State forest; or 25 (b) the purpose, or combination of purposes, 26 notified in respect of a State forest under 27 section 60(3)(a) or 60A be amended. 28 (2) Either House of Parliament may, by resolution of 29 which notice has been given within 14 sitting days of 30 that House after a proposal has been laid before it 31 under subsection (1), pass a resolution disallowing the 32 proposal. page 13 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 12 1 (3) If a proposal is disallowed under subsection (2), the 2 proposal lapses. 3 (4) As soon as a proposal is no longer subject to 4 disallowance under subsection (2), the proposal may be 5 implemented by order of the Governor published in the 6 Gazette. 7 (5) It does not matter whether or not the period of 8 14 sitting days referred to in subsection (2) or some of 9 them occur during -- 10 (a) the same session of Parliament; or 11 (b) the same Parliament, 12 as that in which the relevant proposal is laid before the 13 House of Parliament concerned. 14 (6) If the notice of a resolution referred to in subsection (2) 15 is given to a House and that resolution is not lost but, 16 before the period of 14 sitting days mentioned in 17 subsection (2) expires, Parliament is prorogued or that 18 House is dissolved or expires -- 19 (a) the relevant proposal does not lapse but, subject 20 to paragraph (b)(iii), it cannot be implemented; 21 and 22 (b) on the commencement of the next session of 23 Parliament -- 24 (i) the Minister may cause the proposal to 25 be laid before that House again; and 26 (ii) notice of a resolution disallowing the 27 proposal may be given again in that 28 House; and 29 (iii) subsection (2) applies again but as if the 30 references in subsection (2) to the 31 period of 14 sitting days after the 32 proposal was laid were references to the 33 remaining sitting days after notice of a page 14 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 13 1 resolution disallowing the proposal is 2 given under subparagraph (ii). 3 (7) On the publication in the Gazette under subsection (4) 4 of an order declaring that land ceases to be State forest, 5 the land -- 6 (a) in the case of land acquired under section 15 7 and set apart as a State forest, becomes vested 8 in the Executive Body and section 131 applies 9 to it; and 10 (b) in any other case, becomes Crown land within 11 the meaning of the Land Administration 12 Act 1997. 13 14 13. Section 10 replaced 15 Delete section 10 and insert: 16 17 10. Reservation of, and changes to, timber reserves 18 (1) The Governor may, by order published in the Gazette, 19 reserve any Crown land as a timber reserve. 20 (2) The area of a timber reserve reserved by order under 21 subsection (1) cannot be reduced other than in the 22 manner provided for in subsection (3) or under 23 section 17. 24 (3) The Minister, after consultation with the Commission 25 and the Minister for Forest Products, may by order -- 26 (a) amend a timber reserve for the purpose of 27 correcting one or more unsurveyed boundaries 28 of the reserve in such a manner that the area of 29 the land, if reduced at all, is reduced by not 30 more than 5%; or page 15 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 14 1 (b) excise 5% or 5 hectares, whichever is the less, 2 of the area of the timber reserve for the purpose 3 of public utility works or roads; or 4 (c) redescribe locations or lots, or adjust the areas 5 of locations or lots, in the timber reserve if the 6 external boundaries of the land remain 7 unchanged; or 8 (d) amalgamate 2 or more timber reserves. 9 (4) The Minister must, not less than 30 days before acting 10 under subsection (3) in relation to a timber reserve, 11 advertise the intention to so act -- 12 (a) in a newspaper circulating throughout the State; 13 or 14 (b) on the Department's website. 15 16 14. Section 13 amended 17 Delete section 13(1), (3a) and (4) and insert: 18 19 (1) Subject to section 14, the Governor may, by order 20 published in the Gazette -- 21 (a) reserve any part of Western Australian waters 22 as a marine nature reserve, a marine park or a 23 marine management area; or 24 (b) add any part of Western Australian waters to a 25 marine nature reserve, a marine park or a 26 marine management area. 27 (2) The Minister may by order published in the Gazette -- 28 (a) amalgamate 2 or more marine nature reserves; 29 (b) amalgamate 2 or more marine parks; 30 (c) amalgamate 2 or more marine management 31 areas. page 16 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 15 1 (3) The Minister must consult the Swan River Trust 2 established by the Swan and Canning Rivers 3 Management Act 2006 before the Governor acts under 4 subsection (1) in relation to any waters that are in the 5 development control area or the Riverpark within the 6 meaning of that Act. 7 (4) Subject to subsection (4a), the Governor may by the 8 order under subsection (1) which constitutes a marine 9 nature reserve, a marine park or a marine management 10 area, or by a subsequent order published in the Gazette, 11 classify the reserve, park or management area as of 12 Class A. 13 (4AA) Except as provided in this section, section 13AA or by 14 an Act -- 15 (a) the purpose of a marine nature reserve, a 16 marine park or a marine management area 17 classified as of Class A cannot be changed; and 18 (b) the boundaries of a marine nature reserve, a 19 marine park or a marine management area 20 classified as of Class A cannot be altered. 21 22 15. Section 13AA inserted 23 After section 13 insert: 24 25 13AA. Minister's powers to change Class A marine reserve 26 (1) In this section -- 27 Class A marine reserve means a marine nature reserve, 28 a marine park or marine management area, classified 29 under section 13(4) as of Class A. page 17 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 16 1 (2) The Minister, after consultation with the Commission, 2 may by order published in the Gazette -- 3 (a) amend a Class A marine reserve for the purpose 4 of correcting one or more re-surveyed or 5 previously unsurveyed boundaries of the 6 marine area; or 7 (b) excise 5% or one hectare, whichever is the less, 8 of the area of a Class A marine reserve for the 9 purpose of public utility works. 10 (3) The Minister must, not less than 30 days before acting 11 under subsection (2), advertise the intention to so 12 act -- 13 (a) in a newspaper circulating throughout the State; 14 or 15 (b) on the Department's website. 16 17 16. Section 13B amended 18 (1) Before section 13B(1) insert: 19 20 (1A) In this section -- 21 classification notice means the relevant notice under 22 section 62(1a); 23 recreation area means any land or waters in a marine 24 park classified under section 62 as a recreation area; 25 sanctuary area means any land or waters in a marine 26 park classified under section 62 as a sanctuary area; 27 special purpose area means any land or waters in a 28 marine park classified under section 62 as a special 29 purpose area. 30 page 18 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 16 1 (2) After section 13B(2) insert: 2 3 (3A) The Minister may in a classification notice classifying 4 land or waters in a marine park as a recreation area 5 declare the recreation area, or any part of the recreation 6 area, to be an area where -- 7 (a) recreational fishing; or 8 (b) recreational fishing of a type or class specified 9 in the declaration, 10 would be incompatible with another recreational 11 purpose specified in the classification notice. 12 (3B) The Minister may in a classification notice classifying 13 land or waters in a marine park as a special purpose 14 area declare the special purpose area, or any part of the 15 special purpose area, to be an area where one or more 16 of the following, as specified in the declaration, would 17 be incompatible with a conservation purpose specified 18 in the classification notice -- 19 (a) aquaculture; 20 (b) commercial fishing; 21 (c) commercial fishing of a type or class specified 22 in the declaration; 23 (d) recreational fishing; 24 (e) recreational fishing of a type or class specified 25 in the declaration; 26 (f) pearling activity; 27 (g) exploratory drilling for, or production of, 28 petroleum, geothermal energy resources or 29 geothermal energy under the Petroleum and 30 Geothermal Energy Resources Act 1967 or 31 petroleum under the Petroleum (Submerged 32 Lands) Act 1982. 33 page 19 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 16 1 (3) In section 13B(5) delete "carried out in any area of a marine 2 park which is classified under section 62 as --" and insert: 3 4 carried out in -- 5 6 (4) Delete section 13B(6) and (7) and insert: 7 8 (6A) Subject to section 13D -- 9 (a) commercial fishing shall not be carried out 10 in -- 11 (i) a sanctuary area; or 12 (ii) a recreation area; or 13 (iii) a special purpose area to which, or part 14 of a special purpose area to which, a 15 declaration under subsection (3B)(b) 16 applies; 17 and 18 (b) commercial fishing of a type or class specified 19 in a declaration made under subsection (3B)(c) 20 shall not be carried out in a special purpose area 21 to which, or part of a special purpose area to 22 which, the declaration applies. 23 (6) Commercial fishing may be carried out in accordance 24 with an authorisation issued under the Fish Resources 25 Management Act 1994 in any area, or part of an area, 26 of a marine park other than -- 27 (a) an area, or part of an area, mentioned in 28 subsection (6A)(a)(i), (ii) or (iii); and 29 (b) if the commercial fishing is of a type or class 30 specified in a declaration made under 31 subsection (3B)(c), a special purpose area, or page 20 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 16 1 part of a special purpose area, to which the 2 declaration applies. 3 (7A) Subject to section 13D -- 4 (a) recreational fishing shall not be carried out 5 in -- 6 (i) a sanctuary area; or 7 (ii) a recreation area to which, or part of a 8 recreation area to which, a declaration 9 under subsection (3A)(a) applies; or 10 (iii) a special purpose area to which, or a 11 part of a special purpose area to which, 12 a declaration under subsection (3B)(d) 13 applies; 14 and 15 (b) recreational fishing of a type or class specified 16 in a declaration made under subsection (3A)(b) 17 shall not be carried out in a recreation area to 18 which, or part of a recreation area to which, the 19 declaration applies; and 20 (c) recreational fishing of a type or class specified 21 in a declaration made under subsection (3B)(e) 22 shall not be carried out in a special purpose area 23 to which, or part of a special purpose area to 24 which, the declaration applies. 25 (7) Recreational fishing may be carried out in accordance 26 with the requirements of the Fish Resources 27 Management Act 1994 in any area, or part of an area, 28 of a marine park other than -- 29 (a) an area, or part of an area, mentioned in 30 subsection (7A)(a)(i), (ii) or (iii); and 31 (b) if the recreational fishing is of a type or class 32 specified in a declaration made under 33 subsection (3A)(b), a recreation area, or part of page 21 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 17 1 a recreation area, to which the declaration 2 applies; and 3 (c) if the recreational fishing is of a type or class 4 specified in a declaration made under 5 subsection (3B)(e), a special purpose area, or 6 part of a special purpose area, to which the 7 declaration applies. 8 9 (5) In section 13B(8) delete "carried out in any area of a marine 10 park which is classified under section 62 as --" and insert: 11 12 carried out in -- 13 14 (6) In section 13B(9) delete "carried out in any area of a marine 15 park which is classified under section 62 as --" and insert: 16 17 carried out in -- 18 19 (7) Delete section 13B(10). 20 17. Section 14 amended 21 (1) In section 14(1a)(a) delete "Marine Authority" and insert: 22 23 Commission 24 25 (2) In section 14(6)(a) delete "Marine Authority" and insert: 26 27 Commission 28 page 22 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 18 1 (3) Delete section 14(8) and insert: 2 3 (8) Section 60(2a) applies to the approval of an indicative 4 management plan as if the reference in that subsection 5 to the relevant responsible body were a reference to the 6 Minister. 7 (9A) Section 60(2b) applies to the approval of an indicative 8 management plan as if the reference in that subsection 9 to the Commission were a reference to the Minister. 10 11 18. Section 17 amended 12 (1) Delete section 17(2) and insert: 13 14 (2) Where it is proposed to -- 15 (a) cancel or amend the purpose of any land to 16 which this section applies; or 17 (b) alter any boundary of any land to which this 18 section applies otherwise than by an addition to 19 the land or under section 10(3), 20 the Minister must refer the proposal to the Commission 21 and any joint responsible body in which the land is 22 vested or which has the care, control and management 23 of the land. 24 25 (2) In section 17(3) delete "Conservation Commission or Marine 26 Authority, as the case may be, and any associated body" and 27 insert: 28 29 Commission and any joint responsible body 30 31 (3) In section 17(4) delete "Conservation Commission or the 32 Marine Authority or any associated body under subsection (3), page 23 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 19 1 but the Conservation Commission or the Marine Authority 2 shall" and insert: 3 4 Commission or joint responsible body under subsection (3), but 5 the Commission must 6 7 (4) In section 17(4a) delete "Conservation Commission or the 8 Marine Authority." and insert: 9 10 Commission. 11 12 19. Part III heading replaced 13 Delete the heading to Part III and insert: 14 15 Part III -- Conservation and Parks Commission 16 17 20. Part III Division 1 heading replaced 18 Delete the heading to Part III Division 1 and insert: 19 20 Division 1 -- Conservation and Parks Commission 21 established 22 23 21. Part III Division 1 Subdivision 1 heading deleted 24 Delete the heading to Part III Division 1 Subdivision 1. page 24 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 22 1 22. Section 18 amended 2 Delete section 18(1) and insert: 3 4 (1) A body called the Conservation and Parks Commission 5 is established. 6 7 23. Section 19 amended 8 (1) In section 19(1): 9 (a) delete paragraph (a) and insert: 10 11 (a) to have vested in it the following -- 12 (i) State forest, timber reserves and marine 13 reserves; 14 (ii) unless section 8B(2)(f) applies, national 15 parks, conservation parks and nature 16 reserves, either solely or jointly with an 17 Aboriginal body corporate; 18 (iii) relevant land referred to in 19 section 5(1)(g); 20 (ba) to have the joint function provided for by 21 section 7(4); 22 23 (b) in paragraph (b) delete "whether solely or jointly with 24 another person;" and insert: 25 26 either solely or jointly with another person or body; 27 page 25 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 23 1 (c) delete paragraph (c) and insert: 2 3 (c) to advise the Minister on the development of 4 policies -- 5 (i) for the preservation of the natural 6 environment of the State and the 7 provision of facilities for the enjoyment 8 of that environment by the community; 9 and 10 (ii) for promoting the appreciation of flora 11 and fauna and the natural environment; 12 and 13 (iii) to achieve or promote the objectives 14 referred to in section 56(1)(a) to (e) 15 and (2); 16 17 (d) after paragraph (e) insert: 18 19 (fa) to advise the Minister in relation to proposals 20 for reservations for the purposes of section 14; 21 22 (e) in paragraphs (f), (g) and (k) after "land" insert: 23 24 and waters 25 26 (2) In section 19(3) delete "conservation parks and nature reserves 27 is only for the purposes of subsection (1)(c), (d), (e), (f), (g), (h), 28 (i), (k) and (l)" and insert: 29 30 conservation parks, nature reserves and marine reserves is only 31 for the purposes of subsection (1)(c), (d), (e), (fa), (f), (g), (h), 32 (i), (k) and (l) 33 page 26 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 24 1 (3) In section 19(6)(a) delete "directly affected by the advice is" 2 and insert: 3 4 or waters directly affected by the advice are 5 6 (4) Delete section 19(9) and insert: 7 8 (9) The Commission must not advise the Minister on any 9 matter which relates to marine archaeology unless 10 before the advice is tendered it has informed 11 The Western Australian Museum of the general nature 12 of its proposed advice and given it a reasonable 13 opportunity to make submissions. 14 15 24. Section 20 amended 16 (1) Delete section 20(2), (3), (4) and (5). 17 (2) Delete section 20(7)(b). 18 25. Part III Division 1 Subdivision 2 heading deleted 19 Delete the heading to Part III Division 1 Subdivision 2. 20 26. Part III Division 2 heading inserted 21 Before section 21 insert: 22 23 Division 2 -- Membership and meetings of Commission 24 25 27. Section 21 amended 26 (1) In section 21(1) delete "9" and insert: 27 28 7 29 page 27 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 28 1 (2) Delete section 21(3) and (4) and insert: 2 3 (3) Subject to subsection (4) and section 22, the members 4 are to be persons who, in the opinion of the Minister, 5 have knowledge and experience or a particular function 6 or vocational interest which is relevant to the functions 7 of the Commission. 8 (4) One member is to be a person who, in the opinion of 9 the Minister, has knowledge of and experience in 10 Aboriginal cultural and Aboriginal heritage matters 11 relevant to the functions of the Commission. 12 13 28. Section 22 amended 14 In section 22(1): 15 (a) delete "Conservation Commission if" and insert: 16 17 Commission if 18 19 (b) delete paragraph (a) and insert: 20 21 (a) is the CEO or an officer of the Department; or 22 23 29. Section 23 replaced 24 Delete section 23 and insert: 25 26 23. Other persons entitled to attend meetings of 27 Commission 28 (1) In this section -- 29 agency has the meaning given in the Public Sector 30 Management Act 1994 section 3(1); page 28 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 29 1 chief executive officer includes a chief employee 2 within the meaning of the Public Sector Management 3 Act 1994; 4 Director means a senior executive officer (within the 5 meaning of the Public Sector Management Act 1994) 6 designated by the CEO to be a Director for the 7 purposes of this section. 8 (2) Reasonable notice of a meeting of the Commission is 9 to be given to the following people -- 10 (a) the CEO; 11 (b) if in the view of the chairman any matter 12 proposed to be put before the meeting concerns 13 the functions of a Director -- the Director; 14 (c) if in the view of the chairman another agency is 15 concerned with a matter to be considered at the 16 meeting -- the chief executive officer of the 17 agency. 18 (3) For the purposes of subsection (2)(b), the CEO is to 19 notify the chairman as to the functions of the Directors 20 and any changes to those functions. 21 (4) Subject to subsection (5) -- 22 (a) the CEO, or the CEO's representative, is 23 entitled to attend any meeting and to take part 24 in the consideration and discussion of any 25 matter before a meeting, but cannot vote on any 26 matter; and 27 (b) a Director who receives notice under 28 subsection (2)(b), or that Director's 29 representative, is entitled to attend the meeting 30 to which the notice applies and to take part in 31 the consideration and discussion of any matter 32 before the meeting that concerns the functions 33 of the Director, but cannot vote on any matter; 34 and page 29 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 30 1 (c) a chief executive officer of another agency who 2 receives notice under subsection (2)(c), or that 3 chief executive officer's representative, is 4 entitled to attend the meeting to which the 5 notice applies and to take part in the 6 consideration and discussion of any matter 7 before the meeting that concerns the agency, 8 but cannot vote on any matter. 9 (5) The Commission may decide to exclude the persons 10 referred to in subsection (4) (but not some of them 11 only) from a meeting while it is considering -- 12 (a) a matter that relates to the functions or actions 13 of the CEO or the Department; or 14 (b) a matter that relates to the functions or actions 15 of any agency in relation to management plans 16 for lands and waters vested in or under the care, 17 control and management of the Commission or 18 in the Commission jointly with another person. 19 20 30. Part III Division 1 Subdivision 3 heading deleted 21 Delete the heading to Part III Division 1 Subdivision 3. 22 31. Part III Division 3 heading inserted 23 Before section 24 insert: 24 25 Division 3 -- Relationship with Minister 26 27 32. Section 25 amended 28 In section 25(4) delete the definition of staff and insert: 29 30 staff means the staff provided by the CEO under 31 section 33(1)(ba). 32 page 30 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 33 1 33. Part III Division 1 Subdivision 4 heading deleted 2 Delete the heading to Part III Division 1 Subdivision 4. 3 34. Part III Division 4 heading inserted 4 Before section 26 insert: 5 6 Division 4 -- General provisions 7 8 35. Section 26 replaced 9 Delete section 26 and insert: 10 11 26. Commission may engage consultants 12 (1) The Commission may, with the approval of the 13 Minister, engage persons under contracts for services 14 to provide any professional, technical or other 15 assistance that the Commission considers necessary for 16 the performance of its functions under this Act. 17 (2) An approval of the Minister under subsection (1) may 18 be specific or may be given in general terms. 19 20 36. Section 26AA amended 21 Delete section 26AA(2) and insert: 22 23 (2) A delegation under subsection (1) may be made to -- 24 (a) a member of the Commission; or 25 (b) a member of the staff of the Department 26 provided under section 33(1)(ba). 27 page 31 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 37 1 37. Section 26AC amended 2 In section 26AC(1) delete "Conservation and Land 3 Management Amendment Act 2000" and insert: 4 5 Conservation and Land Management Amendment Act 2015 6 section 37 7 8 38. Part III Divisions 3A and 3B deleted 9 Delete Part III Divisions 3A and 3B. 10 39. Part III Division 4 heading deleted 11 Delete the heading to Part III Division 4. 12 40. Sections 27 and 28 deleted 13 Delete sections 27 and 28. 14 41. Section 29 replaced 15 Delete section 29 and insert: 16 17 29. Constitution and proceedings of Commission 18 Schedule 1 sets out provisions with respect to the 19 constitution and proceedings of the Commission. 20 21 42. Section 33 amended 22 (1) In section 33(1): 23 (a) after paragraph (a) insert: 24 25 (aa) without limiting paragraph (a), to take any 26 measures that the CEO considers necessary or 27 expedient, including planned burning, on -- 28 (i) land to which this Act applies; and page 32 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 43 1 (ii) subject to the relevant section 8A 2 agreement, section 8A land; and 3 (iii) subject to the relevant order made under 4 section 8C, section 8C land, 5 for the purpose of preventing, managing or 6 controlling fire on that land; 7 (ab) to coordinate the management of land in 8 regional parks; 9 10 (b) delete paragraphs (b) and (ba) and insert: 11 12 (b) to provide the Commission with such assistance 13 as it may reasonably require to perform its 14 functions; 15 (ba) without limiting paragraph (b), to provide the 16 Commission with any staff and facilities of the 17 Department that it may reasonably require to 18 perform its functions; 19 20 (2) Delete section 33(5) and insert: 21 22 (5) Nothing in subsection (1) is to be read as limiting the 23 functions of the Commission under section 19. 24 25 (3) In section 33(6) delete "to conferring" and insert: 26 27 of conferring 28 page 33 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 43 1 43. Section 53 amended 2 (1) In section 53 delete the definition of controlling body. 3 (2) In section 53 in the definition of responsible body delete 4 paragraphs (a) and (b) and insert: 5 6 (a) if the land is vested in or under the care, control 7 and management of the Commission or the 8 Executive Body solely, the Commission or 9 Executive Body, as the case requires; 10 (b) if the land is vested in or under the care, control 11 and management of the Commission or the 12 Executive Body jointly with a joint responsible 13 body, the Commission or Executive Body, as 14 the case requires, and the joint responsible body 15 acting jointly; 16 17 44. Section 54 amended 18 In section 54(4) delete "controlling body in which the land 19 would be vested under section 7 if the land were of that 20 category." and insert: 21 22 Commission. 23 24 45. Section 56A amended 25 (1) In section 56A(3) delete "jointly, the plan" and insert: 26 27 jointly, unless section 56B applies, the plan 28 page 34 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 46 1 (2) Delete section 56A(5) and insert: 2 3 (5) If land is vested in or under the care, control and 4 management of the Commission jointly with a joint 5 responsible body, this section does not prevent the joint 6 responsible body from being a party to a section 56A 7 agreement for the land. 8 9 (3) In section 56A(7): 10 (a) delete "unless --" and insert: 11 12 unless section 56B applies or -- 13 14 (b) delete paragraph (a) and insert: 15 16 (a) the Commission has given written approval to 17 the agreement; and 18 19 46. Section 56B inserted 20 After section 56A insert: 21 22 56B. Section 56A agreement may be continued for new 23 management plan 24 (1) If -- 25 (a) on the expiry of a management plan for land, a 26 new management plan is made in respect of the 27 same land; and 28 (b) the new management plan requires the CEO to 29 manage the land jointly with the same persons 30 who managed the land jointly with the CEO 31 under the expired management plan; and page 35 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 47 1 (c) approval is given in accordance with 2 subsection (2), 3 the section 56A agreement that was attached to the 4 expired management plan is to be attached to the new 5 management plan and has effect as if it were a 6 section 56A agreement signed in accordance with 7 section 56A(3). 8 (2) A section 56A agreement must not be attached to a 9 new management plan under subsection (1) unless each 10 of the following has given written approval to the 11 agreement being so attached -- 12 (a) the Commission; 13 (b) any joint responsible body in which the land is 14 vested, or that has the care, control and 15 management of the land, jointly with the 16 Commission. 17 18 47. Section 60 amended 19 In section 60(2b) delete "Marine Authority" and insert: 20 21 Commission 22 23 48. Section 62 amended 24 (1) In section 62(1aaa)(g) delete "Conservation Commission; or" 25 and insert: 26 27 Commission or the Executive Body; or 28 page 36 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 49 1 (2) In section 62(1a) delete "Marine Authority" and insert: 2 3 Commission 4 5 (3) In section 62(1ba) delete "subsection (1aa), the" and insert: 6 7 subsection (1aa), (1a) or (1b), the 8 9 (4) Delete section 62(1c) and (1d). 10 49. Section 64 replaced 11 Delete section 64 and insert: 12 13 64. Certain moneys credited to Department 14 The account established for the purposes of the 15 operations of the Department is to be credited with -- 16 (a) moneys from time to time derived under this 17 Act by the CEO from dealing with or the 18 management of any land which is vested in or 19 under the care, control and management of the 20 Commission, whether solely or jointly with a 21 joint responsible body; and 22 (b) subject to any direction of the Treasurer, 23 moneys received by the CEO by way of -- 24 (i) payments under the Forest Products 25 Act 2000 section 42(2)(d); and 26 (ii) recovery of the costs referred to in 27 section 59(1)(c) and (d) of that Act. 28 page 37 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 50 1 50. Section 97 amended 2 (1) In section 97(1) delete "21" and insert: 3 4 99 5 6 (2) Delete section 97(2). 7 51. Section 99 amended 8 In section 99(1): 9 (a) delete paragraph (aa) and insert: 10 11 (aa) in the case of land vested in or under the care, 12 control and management of the Commission, 13 after consultation with the Commission and, 14 where applicable, a joint responsible body; and 15 16 (b) delete paragraph (ab). 17 52. Section 100 amended 18 (1) In section 100(1) delete "21" and insert: 19 20 99 21 22 (2) Delete section 100(2). 23 53. Section 101 amended 24 In section 101(1a) delete "Conservation Commission or the 25 Marine Authority, as the case requires, and" and insert: 26 27 Commission, and 28 page 38 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 54 1 54. Section 104 amended 2 In section 104(2) delete "$250" and insert: 3 4 $1 000 5 6 55. Part IX Division 4A heading inserted 7 After section 114 insert: 8 9 Division 4A -- Infringement notices 10 11 56. Section 114AA inserted 12 Before section 114A insert: 13 14 114AA. Terms used 15 (1) In this Division -- 16 alleged offender means a person suspected of having 17 committed a prescribed offence against this Act or the 18 regulations; 19 owner, in relation to a vessel, has the meaning given in 20 the Western Australian Marine Act 1982 section 3(1); 21 vessel offence means an alleged offence against this 22 Act in connection with a vessel. 23 (2) Words and expressions defined in the Criminal 24 Procedure Act 2004 section 11 have the same meaning 25 in this Division unless the contrary intention appears. 26 page 39 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 57 1 57. Section 114A amended 2 (1) In section 114A(1) delete "give to that person an infringement 3 notice in the prescribed form." and insert: 4 5 issue an infringement notice for the alleged offence. 6 7 (2) Delete section 114A(2) and insert: 8 9 (2) The infringement notice must -- 10 (a) be in the prescribed form; and 11 (b) be addressed to the alleged offender by name, 12 unless section 114B(1) or 114D(1) applies; and 13 (c) describe the offence with reasonable clarity; 14 and 15 (d) identify the written law and the provision of it 16 that creates the offence; and 17 (e) identify with reasonable clarity -- 18 (i) the date when the offence was 19 committed or, if the date is not known, 20 the period in which the offence was 21 committed; and 22 (ii) where the offence was committed; 23 and 24 (f) state the modified penalty for the offence; and 25 (g) be dated with the date it is issued; and 26 (h) inform the alleged offender -- 27 (i) that within 28 days after the date of the 28 notice the alleged offender may elect to 29 be prosecuted for the alleged offence; 30 and 31 (ii) how to make such an election; and page 40 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 57 1 (iii) that if the alleged offender does not 2 want to be prosecuted for the alleged 3 offence, the modified penalty for the 4 offence may be paid to the CEO within 5 28 days after the date of the notice; and 6 (iv) how and where the modified penalty 7 may be paid; 8 and 9 (i) if the Fines, Penalties and Infringement Notices 10 Enforcement Act 1994 Part 3 applies to the 11 notice, inform the alleged offender of the action 12 that may be taken under that Act if the alleged 13 offender does not act in accordance with the 14 notice. 15 (3A) The infringement notice must be served under 16 subsection (4) within 45 days after the day on which 17 the alleged offence is believed to have been committed. 18 19 (3) Delete section 114A(4) and insert: 20 21 (4) Unless section 114B(1)(b)(i) or 114D(1)(b)(i) applies, 22 an infringement notice must be served on an alleged 23 offender -- 24 (a) if the offender is an individual, in accordance 25 with the Criminal Procedure Act 2004 26 Schedule 2 clause 2 or 3; or 27 (b) if the offender is a corporation, in accordance 28 with the Criminal Procedure Act 2004 29 Schedule 2 clause 3 or 4; or 30 (c) if the offender's address is ascertained at the 31 time of or immediately after the alleged offence 32 was committed, by posting it to the offender at 33 that address. 34 page 41 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 58 1 (4) In section 114A(5) delete "A person" and insert: 2 3 An alleged offender 4 5 (5) In section 114A(6) delete "at any time within a period of 6 28 days after it was given". 7 (6) In section 114A(8) delete "the person" and insert: 8 9 the alleged offender 10 11 Note: The heading to amended section 114A is to read: 12 Issuing infringement notices 13 58. Sections 114B to 114E inserted 14 At the end of Part IX Division 3 insert: 15 16 114B. Infringement notices for vehicle offences 17 (1) If an alleged offence is a vehicle offence and the 18 identity of the alleged offender is not known and 19 cannot immediately be ascertained, an infringement 20 notice for the alleged offence -- 21 (a) despite section 114A(2)(b), may be addressed 22 to the responsible person for the vehicle 23 without naming that person or the alleged 24 offender; and 25 (b) may be served on the responsible person -- 26 (i) despite section 114A(4), by attaching it 27 securely to the vehicle; or 28 (ii) in accordance with section 114A(4)(a) 29 or (b). page 42 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 58 1 (2) An infringement notice that is served under 2 subsection (1) must contain or be accompanied by a 3 statement explaining the operation of section 114C. 4 (3) If an infringement notice is served on a responsible 5 person under subsection (1) and there are several 6 responsible persons, the notice is to be taken to have 7 been served on -- 8 (a) if only one responsible person responds to the 9 notice -- that responsible person; or 10 (b) in any other case -- not more than one 11 responsible person chosen by the CEO. 12 (4) A person, other than a person in charge of the vehicle 13 or a responsible person for the vehicle, must not 14 interfere with an infringement notice that is left on a 15 vehicle. 16 Penalty: a fine of $1 000. 17 114C. Onus of responsible person for vehicle offence 18 (1) If under section 114B(1) an infringement notice is 19 served on a responsible person, the responsible person 20 is to be presumed to have been the driver or person in 21 charge of the vehicle at the time of the vehicle offence 22 alleged in the notice unless, within 28 days after the 23 date of the infringement notice -- 24 (a) the modified penalty specified in the notice is 25 paid; or 26 (b) the responsible person informs the CEO that the 27 responsible person was not the driver or person 28 in charge of the vehicle at the time of the 29 alleged offence and supplies the CEO -- 30 (i) with the name and address of the driver 31 or person in charge of the vehicle at that 32 time; or page 43 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 58 1 (ii) with information showing that at that 2 time the vehicle had been stolen or 3 unlawfully taken or was being 4 unlawfully used. 5 (2) If a responsible person complies with subsection (1)(b) 6 the infringement notice may be withdrawn under 7 section 114A(6). 8 (3) If a responsible person complies with subsection (1)(b) 9 and the CEO decides not to withdraw the infringement 10 notice under section 114A(6), the CEO must advise the 11 person of the decision. 12 (4) The presumption in subsection (1) operates even if the 13 responsible person is not an individual. 14 (5) The presumption in subsection (1) operates, in the 15 absence of evidence to the contrary, for the purpose of 16 enforcing the infringement notice and for the purpose 17 of any prosecution of the responsible person for the 18 alleged offence. 19 (6) The presumption in subsection (1) does not affect the 20 liability of the person who actually committed the 21 offence but -- 22 (a) the responsible person and the actual offender 23 cannot both be issued an infringement notice or 24 sentenced for the same offence; and 25 (b) if one of them pays a modified penalty or is 26 sentenced for the offence, the modified penalty 27 paid by the other must be refunded; and 28 (c) if one of them is sentenced for the offence, a 29 sentence must not be imposed on the other for 30 the offence. page 44 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 58 1 114D. Infringement notices for vessel offences 2 (1) If an alleged offence is a vessel offence and the identity 3 of the alleged offender is not known and cannot 4 immediately be ascertained, an infringement notice for 5 the alleged offence -- 6 (a) despite section 114A(2)(b), may be addressed 7 to the owner of the vessel without naming that 8 person or the alleged offender; and 9 (b) may be served on the owner -- 10 (i) despite section 114A(4), by attaching it 11 securely to the vessel; or 12 (ii) in accordance with section 114A(4)(a) 13 or (b). 14 (2) An infringement notice that is served under 15 subsection (1) must contain or be accompanied by a 16 statement explaining the operation of section 114E. 17 (3) If an infringement notice is served on an owner of a 18 vessel under subsection (1) and there are several 19 owners of the vessel, the notice is to be taken to have 20 been served on -- 21 (a) if only one owner responds to the notice -- that 22 owner; or 23 (b) in any other case -- not more than one owner 24 chosen by the CEO. 25 (4) A person, other than the owner or person in charge of 26 the vessel, must not interfere with an infringement 27 notice that is left on a vessel. 28 Penalty: a fine of $1 000. 29 114E. Onus of responsible person for vessel offence 30 (1) If under section 114D(1) an infringement notice is 31 served on an owner of a vessel, the owner is to be page 45 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 58 1 presumed to have been the person in charge of the 2 vessel at the time of the vessel offence alleged in the 3 notice unless, within 28 days after the date of the 4 infringement notice -- 5 (a) the modified penalty specified in the notice is 6 paid; or 7 (b) the owner informs the CEO that the owner was 8 not the person in charge of the vessel at the 9 time of the alleged offence and supplies the 10 CEO -- 11 (i) with the name and address of the person 12 in charge of the vessel at that time; or 13 (ii) with information showing that at that 14 time the vessel had been stolen or 15 unlawfully taken or was being 16 unlawfully used. 17 (2) If an owner complies with subsection (1)(b) the 18 infringement notice may be withdrawn under 19 section 114A(6). 20 (3) If an owner complies with subsection (1)(b) and the 21 CEO decides not to withdraw the infringement notice 22 under section 114A(6), the CEO must advise the 23 person of the decision. 24 (4) The presumption in subsection (1) operates even if the 25 owner is not an individual. 26 (5) The presumption in subsection (1) operates, in the 27 absence of evidence to the contrary, for the purpose of 28 enforcing the infringement notice and for the purpose 29 of any prosecution of the owner for the alleged offence. page 46 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 59 1 (6) The presumption in subsection (1) does not affect the 2 liability of the person who actually committed the 3 offence but -- 4 (a) the owner and the actual offender cannot both 5 be issued an infringement notice or sentenced 6 for the same offence; and 7 (b) if one of them pays a modified penalty or is 8 sentenced for the offence, the modified penalty 9 paid by the other must be refunded; and 10 (c) if one of them is sentenced for the offence, a 11 sentence must not be imposed on the other for 12 the offence. 13 14 59. Section 121 inserted 15 After section 120 insert: 16 17 121. Entry powers in relation to occupied land 18 (1) In this section -- 19 authorised purpose means any of the following -- 20 (a) inspection purposes; 21 (b) the conduct of measures, including planned 22 burning, for the purpose of preventing, 23 managing or controlling fire; 24 (c) the management of land in accordance with a 25 management plan; 26 (d) the carrying out of any other function of an 27 enforcement officer in relation to the land; 28 enforcement officer means -- 29 (a) a wildlife officer; or 30 (b) a forest officer; or 31 (c) a ranger; or page 47 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 59 1 (d) a conservation and land management officer; 2 inspection purposes means the purposes of -- 3 (a) investigating whether this Act is being or has 4 been complied with; and 5 (b) investigating whether the obligations of the 6 holder of a permit, licence, agreement or forest 7 lease, under this Act are being or have been 8 complied with; and 9 (c) obtaining evidence as to those matters; 10 occupied land means any land to which this Act 11 applies, section 8A land or section 8C land, being land 12 that is used or occupied -- 13 (a) under a permit, licence, agreement or forest 14 lease, under this Act; or 15 (b) under a mining tenement as defined in the 16 Mining Act 1978 section 8(1); or 17 (c) under a petroleum authorisation as defined in 18 section 13E(1) or a licence granted as referred 19 to in section 13E(4) or renewed as referred to in 20 section 13E(3)(b). 21 (2) An enforcement officer may, for an authorised purpose, 22 at any time enter occupied land. 23 (3) Before an enforcement officer enters land under this 24 section, the officer must if practicable give reasonable 25 notice to the owner and occupier of the land of the 26 intention to do so. 27 (4) An enforcement officer exercising a power of entry 28 may do so with such vehicles, machinery and 29 equipment as the person considers to be necessary or 30 expedient -- 31 (a) for the purpose of the entry; and 32 (b) for any purpose for which the entry is made. page 48 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 60 1 (5) An enforcement officer may not, under this section, 2 enter a residence or other premises unless the occupier 3 of the premises has consented to the entry. 4 (6) Nothing in this section -- 5 (a) limits the powers conferred on the following -- 6 (i) forest officers under section 120; 7 (ii) rangers and conservation and land 8 management officers under section 124; 9 (iii) wildlife officers under section 125; 10 (iv) enforcement officers under 11 section 45(3a) and the Bush Fires 12 Act 1954; 13 or 14 (b) limits the powers of an enforcement officer 15 who is a police officer. 16 17 60. Section 126 amended 18 After section 126(2) insert: 19 20 (3) Regulations made under this section or section 130 21 may prohibit or regulate commercial operations on land 22 to which they apply. 23 24 61. Section 130 amended 25 In section 130(3) delete "and 16B(3)." and insert: 26 27 and 8B(2). 28 page 49 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 62 1 62. Section 131 amended 2 (1) In section 131(1) delete "CEO" and insert: 3 4 Executive Body 5 6 (2) In section 131(2) delete "section 9(3)." and insert: 7 8 section 10A(7)(a). 9 10 Note: The heading to amended section 131 is to read: 11 Vesting of land formerly registered in name of Conservator of 12 Forests 13 63. Section 131A amended 14 In section 131A(1) delete "or 26C(1)". 15 64. Section 132 replaced 16 Delete section 132 and insert: 17 18 132. Protection from personal liability 19 (1) A person does not incur civil liability for anything done 20 by the person in good faith in, or in connection with, 21 the performance or purported performance of functions 22 under this Act or the Wildlife Conservation Act 1950. 23 (2) The State is also relieved of any civil liability for 24 anything done or omitted to be done in good faith in, or 25 in connection with, the performance or purported 26 performance of a function under this Act or the Wildlife 27 Conservation Act 1950 in relation to preventing, 28 managing or controlling fire on land to which this Act 29 applies, section 8A land or section 8C land. page 50 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 65 1 (3) Without limiting subsection (1), a person who is -- 2 (a) a party to an agreement made under section 8A; 3 or 4 (b) a member of a joint management body 5 established in accordance with section 8A; or 6 (c) a party to a section 56A agreement for land; or 7 (d) a member of a joint management body for the 8 land established in accordance with 9 section 56A, 10 has, in relation to the management of the agreed area or 11 other land for the purposes of this Act, the same 12 protection from liability under subsection (1) as if the 13 management were a function under this Act performed 14 by that person. 15 (4) The protection given by this section applies even 16 though the thing done in the performance or purported 17 performance of a function under this Act or the Wildlife 18 Conservation Act 1950 may have been capable of 19 being done whether or not those Acts had been 20 enacted. 21 (5) In this section, a reference to the doing of anything 22 includes a reference to the omission to do anything. 23 24 65. Part XII heading replaced 25 Delete the heading to Part XII and insert: 26 27 Part XII -- Conservation and Land Management 28 Act 1984, repeal, savings, transitional 29 and validation 30 page 51 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 66 1 66. Part XIII inserted 2 After section 156 insert: 3 4 Part XIII -- Conservation and Land 5 Management Amendment Act 2015 saving and 6 transitional provisions 7 157. Terms used 8 In this Part -- 9 amended Act means this Act as amended by the 10 Conservation and Land Management Amendment 11 Act 2015; 12 commencement day means the day on which the 13 Conservation and Land Management Amendment 14 Act 2015 section 38 comes into operation; 15 Conservation Commission has the meaning given in 16 section 3 of the former Act; 17 former Act means this Act as in force before the 18 commencement day; 19 Marine Authority has the meaning given in section 3 20 of the former Act. 21 158. Certain liabilities and assets to be vested in the 22 Executive Body 23 Subject to, and without limiting, sections 7, 131 24 and 155, on the coming into operation of the 25 Conservation and Land Management Amendment 26 Act 2015 section 66 -- 27 (a) any right, obligation or liability vested in or 28 imposed on the CEO under section 150(a) and 29 of effect immediately before the coming into 30 operation of the Conservation and Land page 52 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 66 1 Management Amendment Act 2015 section 66 2 is vested in or imposed on the Executive Body; 3 and 4 (b) all real and personal property vested in the 5 CEO under section 150(b) and held by the CEO 6 immediately before the coming into operation 7 of the Conservation and Land Management 8 Amendment Act 2015 section 66 is vested in the 9 Executive Body. 10 159. Land and waters vested in the Conservation 11 Commission or Marine Authority 12 (1) The care, control and management of any land or 13 waters that, immediately before the commencement 14 day, were placed under the Land Administration 15 Act 1997 Part 4 with the Conservation Commission or 16 the Marine Authority (the prior placement), whether 17 solely or jointly with another person, are, on the 18 commencement day and by this subsection placed 19 under that Part with the Commission solely, or jointly 20 with the Commission and that other person, as the case 21 requires. 22 (2) Any land or waters that immediately before the 23 commencement day were vested in the Conservation 24 Commission or the Marine Authority under a provision 25 of this Act (the prior vesting), whether solely or jointly 26 with another person, are, on the commencement day 27 and by this subsection vested under that provision in 28 the Commission solely, or jointly in the Commission 29 and that other person, as the case requires. 30 (3) A placement or vesting under this section is subject to 31 any interests or conditions that applied to the prior 32 placement or prior vesting. page 53 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 66 1 160. Completion of things commenced 2 Anything commenced to be done by the Conservation 3 Commission or the Marine Authority before the 4 commencement day may be continued by the 5 Commission so far as the doing of that thing is within 6 the functions of the Commission. 7 161. Continuing effect of things done 8 Anything done or omitted to be done before the 9 commencement day by, to or in respect of the 10 Conservation Commission or the Marine Authority, to 11 the extent that it -- 12 (a) has any force or significance; and 13 (b) is a thing that could be done or omitted to be 14 done by, to or in respect of the Commission 15 under the amended Act, 16 is to be taken to have been done or omitted by, to or in 17 respect of the Commission. 18 162. Reports and notifications 19 (1) Any of the following reports of the Marine Authority 20 has effect as if it were a report of the Commission -- 21 (a) a report under section 14(1a)(a) in respect of a 22 proposal of which public notification is not 23 given before the commencement day; 24 (b) a report under section 14(6)(a) in respect of 25 submissions on a proposal that is not submitted 26 to the Governor before the commencement day. 27 (2) A decision of the Marine Authority notified under 28 section 17(3) on a proposal on which the Minister does 29 not make a recommendation before the commencement 30 day has effect as if it were a decision of the 31 Commission. page 54 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 66 1 163. Management plans 2 (1) A management plan prepared by the Conservation 3 Commission or the Marine Authority, whether solely 4 or jointly with an associated body, under Part V of the 5 former Act has effect as if it had been prepared by the 6 Commission, or the Commission jointly with the 7 relevant joint responsible body, under Part V of the 8 amended Act. 9 (2) Any steps taken by the Conservation Commission or 10 the Marine Authority, whether solely or jointly with an 11 associated body, under Part V of the former Act in 12 relation to a proposed management plan that has not 13 been approved by the Minister before the 14 commencement day have effect as if they were steps 15 taken by the Commission, or the Commission jointly 16 with the relevant joint responsible body, for the 17 purposes of Part V of the amended Act. 18 164. Section 57A exemptions 19 Any exemption given to the Conservation Commission 20 or the Marine Authority under section 57A of the 21 former Act, and of effect immediately before the 22 commencement day, has effect as if it were an 23 exemption given to the Commission. 24 165. Members of Conservation Commission, Authority 25 and Marine Committee 26 A person who holds office as a member of the 27 Conservation Commission, the Marine Authority or the 28 Marine Committee immediately before the 29 commencement day, ceases to hold that office on the 30 commencement day but, subject to this Act, is eligible 31 to be appointed as a member of the Commission. page 55 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 66 1 166. Registration of documents 2 (1) In this section -- 3 relevant official means -- 4 (a) the Registrar of Titles; or 5 (b) the Registrar of Deeds and Titles; or 6 (c) any other person authorised by a written law to 7 record and give effect to the registration of 8 documents relating to property transactions, 9 according to which, if any, of them has responsibility 10 for a register relating to the relevant property; 11 relevant property means property of a kind affected by 12 this Part, whether it is an estate or interest in land or 13 other property. 14 (2) The relevant officials are to take notice of this Part and 15 are to record and register in the appropriate manner the 16 documents necessary to show the effect of this Part. 17 167. Transfer of documents 18 As soon as practicable after the commencement day all 19 records and data of the Conservation Commission, the 20 Marine Authority and the Marine Committee are to be 21 delivered to the Commission. 22 168. Transitional regulations 23 (1) In this section -- 24 transitional matter means a matter that needs to be 25 dealt with for the purpose of effecting the transition 26 from the former Act to the amended Act. 27 (2) If there is no sufficient provision in the Conservation 28 and Land Management Amendment Act 2015 for 29 dealing with a transitional matter, the Governor may 30 make regulations prescribing all matters that are page 56 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 66 1 required, or are necessary or convenient, for dealing 2 with that transitional matter. 3 (3) Regulations made under subsection (2) may have effect 4 before the day on which they are published in the 5 Gazette. 6 (4) To the extent that a regulation made under 7 subsection (2) may have effect before the day of its 8 publication in the Gazette, it does not -- 9 (a) affect in a manner prejudicial to any person 10 (other than the State, the CEO or the 11 Commission), the rights of that person existing 12 before the day of its publication; or 13 (b) impose liabilities on any person (other than the 14 State, the CEO or the Commission) in respect 15 of anything done or omitted to be done before 16 the day of its publication. 17 169. Saving 18 The operation of any provision of this Part is not to be 19 regarded -- 20 (a) as a breach of contract or confidence or 21 otherwise as a civil wrong; or 22 (b) as a breach of any contractual provision 23 prohibiting, restricting or regulating the 24 assignment or transfer of property, rights or 25 liabilities or the disclosure of information; or 26 (c) as giving rise to any remedy by a party to an 27 instrument or as causing or permitting the 28 termination of any instrument, because of a 29 change in the beneficial or legal ownership of 30 any property, right or liability; or 31 (d) as causing any contract or other instrument to 32 be void or otherwise unenforceable; or page 57 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 67 1 (e) as releasing or allowing the release of any 2 surety. 3 170. Interpretation Act 1984 not affected 4 Nothing in this Part is to be construed so as to limit the 5 operation of the Interpretation Act 1984. 6 7 67. Schedule heading replaced 8 Delete the heading to the Schedule and insert: 9 10 Schedule 1 -- Provisions as to constitution and 11 proceedings of the Commission 12 13 68. Schedule amended 14 (1) In the Schedule clause 4: 15 (a) delete subclause (1) and insert: 16 17 (1) The first meeting of the Commission must be convened by 18 the chairman of the Commission. 19 (2A) Subsequent meetings of the Commission, unless convened 20 under subclause (2), are to be held at times and places 21 determined by the Commission. 22 23 (b) in subclause (3) delete "of that body". 24 (2) In the Schedule clause 5A: 25 (a) delete subclause (1a); 26 (b) in subclause (2) delete "or (1a)"; page 58 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 69 1 (c) delete subclause (3) and insert: 2 3 (3) Subject to the directions of the Commission, a committee 4 may determine its own procedures. 5 6 69. Various references to "Conservation Commission" amended 7 In the provisions listed in the Table delete "Conservation 8 Commission" (each occurrence) and insert: 9 10 Commission 11 12 Table s. 6(3)(a) s. 7(2), (2a), (3) and (4) s. 8A(7) and (8)(d) s. 8B(2)(f) s. 18(2) s. 19(1), (3), (4), (5), (6), (7)(b), (8) and (10)(a) s. 20(1), (6) and (7) s. 21(1), (2) and (5) s. 24(1) and (2) s. 25(1)(a), (2)(a) and (b), (3) and (4) def. of information s. 26AA(1) s. 26AB(1), (2), (3), (4), (5), (7) and (8) s. 26AC(1) s. 33(1)(cb)(iii) s. 49(a) s. 53 def. of responsible body par. (c) s. 59A(2) s. 62(1aaa)(f), (1ba) and (1bb) page 59 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 70 s. 87A(1)(b) s. 97A(2) s. 99A(1) and (6) s. 101(1e)(b) Sch. cl. 5A(1) 1 Notes: 2 1. The heading to amended section 7 is to read: 3 Lands vested in Commission 4 2. The heading to amended section 18 is to read: 5 Commission established 6 70. Various references to "controlling body" amended 7 In the provisions listed in the Table: 8 (a) delete "a controlling body" and insert: 9 10 the Commission 11 12 (b) delete "each controlling body" and insert: 13 14 the Commission 15 16 (c) delete "the controlling body" and insert: 17 18 the Commission 19 20 (d) delete "A controlling body" and insert: 21 22 The Commission 23 page 60 Conservation and Land Management Amendment Bill 2015 Conservation and Land Management Act 1984 amended Part 2 s. 71 1 Table s. 30 s. 31(1) and (2) s. 54(1)(a) s. 56A(2) and (7)(b) s. 56(1)(e) Sch. cl. 3(1) Sch. cl. 4(2), (3), (4) and (5) Sch. cl. 5(1) and (2) Sch. cl. 6 Sch. cl. 7 Sch. cl. 8 2 Note: The heading to the amended Schedule clause 8 is to read: 3 Commission to determine own procedure 4 71. Various references to "associated body" amended 5 In the provisions listed in the Table: 6 (a) delete "any associated body" and insert: 7 8 any joint responsible body 9 10 (b) delete "an associated body" and insert: 11 12 a joint responsible body 13 14 (c) delete "the associated body" and insert: 15 16 the joint responsible body 17 page 61 Conservation and Land Management Amendment Bill 2015 Part 2 Conservation and Land Management Act 1984 amended s. 71 1 Table s. 7(4)(c) and (d) s. 19(1)(e), (f), (g) and (k) s. 33(1)(cb)(iii) s. 54(1)(a) s. 56A(7)(b) s. 99A(1) and (6) s. 101(1e)(b) page 62 Conservation and Land Management Amendment Bill 2015 Other Acts amended Part 3 s. 72 1 Part 3 -- Other Acts amended 2 72. Constitution Acts Amendment Act 1899 amended 3 (1) This section amends the Constitution Acts Amendment Act 1899. 4 (2) In Schedule V Part 3 delete the item relating to the Conservation 5 Commission of Western Australia and insert: 6 7 The Conservation and Parks Commission established under 8 the Conservation and Land Management Act 1984. 9 10 73. Fish Resources Management Act 1994 amended 11 (1) This section amends the Fish Resources Management Act 1994. 12 (2) Delete section 136A(1) and (2) and insert: 13 14 (1) An authorisation must not be issued or renewed if it 15 would authorise a person to engage in -- 16 (a) commercial fishing in an area of a marine 17 nature reserve; or 18 (b) commercial fishing in an area, or part of an 19 area, of a marine park from which commercial 20 fishing is excluded under the Conservation and 21 Land Management Act 1984 22 section 13B(6A)(a); or 23 (c) commercial fishing of a type or class specified 24 in a declaration under the Conservation and 25 Land Management Act 1984 26 section 13B(3B)(c) in an area, or part of an 27 area, of a marine park from which commercial 28 fishing of that type or class is excluded under 29 the Conservation and Land Management 30 Act 1984 section 13B(6A)(b). page 63 Conservation and Land Management Amendment Bill 2015 Part 3 Other Acts amended s. 73 1 (2) An authorisation must not be issued or renewed if it 2 would authorise a person to engage in -- 3 (a) recreational fishing in an area of a marine 4 nature reserve; or 5 (b) recreational fishing in an area, or part of an 6 area, of a marine park from which recreational 7 fishing is excluded under the Conservation and 8 Land Management Act 1984 9 section 13B(7A)(a); or 10 (c) recreational fishing of a type or class specified 11 in a declaration under the Conservation and 12 Land Management Act 1984 13 section 13B(3A)(b) or 13B(3B)(e) in an area, or 14 part of an area, of a marine park from which 15 recreational fishing of that type or class is 16 excluded under the Conservation and Land 17 Management Act 1984 section 13B(7A)(b). 18 19 (3) In section 136A(4): 20 (a) after "an authorisation" insert: 21 22 to engage in commercial fishing generally, or 23 commercial fishing of a type or class, 24 25 (b) in paragraph (b) delete "commercial fishing" and insert: 26 27 the commercial fishing 28 29 (4) After section 136A(4) insert: 30 31 (5) If an authorisation to engage in recreational fishing 32 generally, or recreational fishing of a type or class, page 64 Conservation and Land Management Amendment Bill 2015 Other Acts amended Part 3 s. 73 1 relates to a particular area (the authorised area) and a 2 part of the authorised area becomes -- 3 (a) an area of a marine nature reserve; or 4 (b) an area of a marine park from which the 5 recreational fishing is excluded under the 6 Conservation and Land Management Act 1984 7 section 13B, 8 nothing in this section prevents the authorisation from 9 being renewed in respect of the remainder of the 10 authorised area. 11 (6) If -- 12 (a) an authorisation relates to more than one type 13 or class of commercial fishing or recreational 14 fishing in a particular area, or part of a 15 particular area, of a marine park; and 16 (b) a declaration is made under the Conservation 17 and Land Management Act 1984 18 section 13B(3A)(b) or (3B)(c) or (e) in relation 19 to any of those types or classes of commercial 20 fishing or recreational fishing in that area or 21 part; and 22 (c) the area or part is not an area or part from 23 which the remainder of the types or classes of 24 commercial fishing or recreational fishing are 25 excluded under the Conservation and Land 26 Management Act 1984 section 13B, 27 nothing in this section prevents the authorisation from 28 being renewed in respect of the types or classes of 29 commercial fishing or recreational fishing that are not 30 so excluded in that area or part. 31 page 65 Conservation and Land Management Amendment Bill 2015 Part 3 Other Acts amended s. 74 1 74. Fishing and Related Industries Compensation (Marine 2 Reserves) Act 1997 amended 3 (1) This section amends the Fishing and Related Industries 4 Compensation (Marine Reserves) Act 1997. 5 (2) In section 4(d) delete "would be" and insert: 6 7 would, either wholly, or in the case of commercial fishing, by 8 reference to a class or type of commercial fishing, be 9 10 (3) After section 5(2)(a) insert: 11 12 (ba) the authorisation relates to commercial fishing 13 of more than one type or class and will not be 14 able to be renewed in respect of each of those 15 types or classes; 16 17 75. Forest Products Act 2000 amended 18 (1) This section amends the Forest Products Act 2000. 19 (2) In section 3 delete the definition of Conservation Commission. 20 (3) In section 3 insert in alphabetical order: 21 22 Conservation and Parks Commission means the 23 Conservation and Parks Commission established under 24 the Conservation and Land Management Act 1984; 25 26 (4) Delete section 6(3)(b) and insert: 27 28 (b) a member of the Conservation and Parks 29 Commission or a member of the staff of the 30 CALM Act Department provided under the 31 CALM Act section 33(1)(ba); 32 page 66 Conservation and Land Management Amendment Bill 2015 Other Acts amended Part 3 s. 76 1 76. Land Administration Act 1997 amended 2 (1) This section amends the Land Administration Act 1997. 3 (2) Delete section 46(10)(b)(ii). 4 77. Mining Act 1978 amended 5 (1) This section amends the Mining Act 1978. 6 (2) In section 40B(1)(b) delete "Conservation Commission." and 7 insert: 8 9 Conservation and Parks Commission established under the 10 Conservation and Land Management Act 1984. 11 12 78. Swan and Canning Rivers Management Act 2006 amended 13 (1) This section amends the Swan and Canning Rivers Management 14 Act 2006. 15 (2) In Schedule 5: 16 (a) in item 3 delete "Conservation Commission" and insert: 17 18 Conservation and Parks Commission 19 20 (b) delete item 4. 21
[Index] [Search] [Download] [Related Items] [Help]