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


CONSERVATION AND LAND MANAGEMENT AMENDMENT BILL 2021

                   Western Australia


  Conservation and Land Management
         Amendment Bill 2021

                      Contents

1.    Short title                       2
2.    Commencement                      2
3.    Act amended                       2
4.    Section 3 amended                 2
5.    Section 7 amended                 2
6.    Section 8AA amended               3
7.    Section 8C amended                5
8.    Section 13AA amended              6
9.    Section 13B amended               6
10.   Section 19 amended                7
11.   Section 21 amended                7
12.   Section 23 amended                7
13.   Section 33 amended                7
14.   Section 89 amended                7
15.   Section 90 amended                8
16.   Section 99 amended                8
17.   Section 102 amended               8
18.   Schedule 1 clause 3 amended       9
19.   Schedule 1 clause 4 amended       9




                         7--1           page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


        Conservation and Land Management
               Amendment Bill 2021

                               A Bill for


An Act to amend the Conservation and Land Management Act 1984.



The Parliament of Western Australia enacts as follows:




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     Conservation and Land Management Amendment Bill 2021



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1    1.       Short title
2             This is the Conservation and Land Management Amendment
3             Act 2021.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on the day after that day.

9    3.       Act amended
10            This Act amends the Conservation and Land Management
11            Act 1984.

12   4.       Section 3 amended
13            In section 3 in the definition of joint responsible body
14            paragraph (a) after "vested with" insert:
15

16            waters,
17


18   5.       Section 7 amended
19            After section 7(1B)(a) insert:
20

21                  (aa)    waters, land, or land and waters, that are vested
22                          under section 8AA(4A) or (5A); or
23




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                                                                                 s. 6



1    6.          Section 8AA amended
2         (1)    After section 8AA(2) insert:
3

4               (2A)   The Minister, after consultation with the Commission,
5                      may make a written determination that --
6                       (a) waters, land, or land and waters, that are
7                            proposed to be a marine reserve, or part of a
8                            marine reserve, are, when reserved under
9                            section 13, the Land Administration Act 1997
10                           Part 4 or any other Act, to be vested jointly in
11                           the Commission and a specified Aboriginal
12                           body corporate; or
13                      (b) a marine reserve, or part of a marine reserve,
14                           that is vested solely in the Commission is to be
15                           vested jointly in the Commission and a
16                           specified Aboriginal body corporate.
17

18        (2)    In section 8AA(3) after "subsection (2)" insert:
19

20               or (2A)
21

22        (3)    After section 8AA(4) insert:
23

24              (4A)   Waters, land, or land and waters, in respect of which a
25                     determination is made under subsection (2A)(a) are,
26                     when reserved under section 13, the Land
27                     Administration Act 1997 Part 4 or any other Act, by
28                     this subsection vested jointly in the Commission and
29                     the Aboriginal body corporate.
30




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1       (4)    After section 8AA(5) insert:
2

3             (5A)   Waters, land, or land and waters, in respect of which a
4                    determination is made under subsection (2A)(b) are, on
5                    and from the date of the determination or a later date
6                    that is specified in the determination, by this subsection
7                    vested jointly in the Commission and the Aboriginal
8                    body corporate.
9

10      (5)    Delete section 8AA(7) to (9) and insert:
11

12            (6A)   Action under subsection (5A) does not change the
13                   purpose for which the waters, land, or land and waters
14                   are reserved under section 13, the Land Administration
15                   Act 1997 or any other Act.
16             (7)   In the case of waters, land, or land and waters, that are
17                   vested jointly in the Commission and an Aboriginal
18                   body corporate under subsection (4), (4A), (5) or (5A),
19                   the functions of the Aboriginal body corporate in
20                   relation to the waters, land, or land and waters are
21                   limited to those conferred on a joint responsible body
22                   by this Act.
23             (8)   If an Aboriginal body corporate in which waters, land,
24                   or land and waters are vested under this section is
25                   deregistered under the Corporations (Aboriginal and
26                   Torres Strait Islander) Act 2006 (Commonwealth)
27                   Part 12-1 or 12-2, the waters, land, or land and waters
28                   cease to be vested in the Aboriginal body corporate and
29                   by this section vest solely in the Commission.




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                                                                                     s. 7



1               (9)   The Minister may revoke or amend a determination
2                     made under subsection (2) or (2A) at any time before
3                     the vesting under subsection (4), (4A), (5) or (5A) of
4                     the waters, land, or land and waters in respect of which
5                     the determination is made.
6

7               Note: The heading to amended section 8AA is to read:
8                     Waters, land, or land and waters may be vested jointly in
9                     Commission and Aboriginal body corporate

10   7.         Section 8C amended
11        (1)   In section 8C(1) insert in alphabetical order:
12

13                    relevant provision means a provision of Part IX or of
14                    regulations made for the purposes of that Part.
15

16        (2)   In section 8C(1) in the definition of eligible land paragraph (b)
17              delete "section." and insert:
18

19              section;
20

21        (3)   Delete section 8C(2) and insert:
22

23              (2)   On the recommendation of the Minister and the Land
24                    Administration Minister, the Governor, by order --
25                     (a) may --
26                              (i) place any eligible land under the
27                                  management of the CEO; and
28                             (ii) specify the CEO's functions in relation
29                                  to managing the land;
30                           and



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1                     (b)    if paragraph (a) applies -- must specify any
2                            relevant provision that is to apply to the land.
3             (2A)   Without limiting subsection (2)(a)(ii) or the application
4                    of section 33(1) to section 8C land, the CEO's
5                    functions that may be specified under
6                    subsection (2)(a)(ii) include the functions referred to in
7                    section 33(1)(ca) and (cc) and any other function
8                    prescribed for the purposes of this subsection.
9             (2B)   Subject to section 102(1A)(a), a relevant provision
10                   cannot apply to eligible land that is the subject of an
11                   order made under subsection (2) unless the order
12                   specifies the provision under subsection (2)(b).
13


14   8.        Section 13AA amended
15             After section 13AA(2) insert:
16

17            (2A)   If a Class A marine reserve that is proposed to be the
18                   subject of an order under subsection (2) is vested
19                   jointly with the Commission and an Aboriginal body
20                   corporate under section 8AA(4A) or (5A), consultation
21                   under subsection (2) must include consultation with the
22                   Aboriginal body corporate.
23


24   9.        Section 13B amended
25             In section 13B(1) delete "fauna" and insert:
26

27             fauna, the protection and conservation of the value of the marine
28             park to the culture and heritage of Aboriginal persons
29




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1    10.   Section 19 amended
2          Delete section 19(1)(a)(i) and insert:
3

4                          (i)   State forest and timber reserves;
5                         (ia)   marine reserves, either solely or jointly
6                                with an Aboriginal body corporate;
7


8    11.   Section 21 amended
9          In section 21(5) delete "chairman" (each occurrence) and insert:
10

11         chairperson
12


13   12.   Section 23 amended
14         In section 23(2)(b) and (c) and (3) delete "chairman" and insert:
15

16         chairperson
17


18   13.   Section 33 amended
19         In section 33(1)(ha) delete "(ea) and (gb); and" and insert:
20

21         (fa) and (hb); and
22


23   14.   Section 89 amended
24         In section 89(1) delete "prescribed form, and" and insert:
25

26         form approved by the CEO and,
27




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1    15.          Section 90 amended
2                 In section 90 delete "prescribed form" and insert:
3

4                 form approved by the CEO
5


6    16.          Section 99 amended
7                 In section 99(2):
8                   (a) delete "Subsection (1)(a), (aa) and (ab)" and insert:
9

10                         Subsection (1)(a) and (aa)
11

12                  (b)    delete "or (ab)".

13   17.          Section 102 amended
14         (1)    In section 102(1) in the definition of land to which this Part
15                applies delete paragraph (b) and insert:
16

17                         (b)   subject to subsection (1A), section 8C land; and
18

19         (2)    After section 102(1) insert:
20

21               (1A)     A reference in a provision of this Part, or of regulations
22                        made for the purposes of this Part, to land to which
23                        this Part applies includes --
24                          (a) in the case of section 103A or regulations made
25                                for the purposes of that section -- a reference
26                                to section 8C land; and
27                          (b) in the case of any other provision -- a reference
28                                to section 8C land if the relevant order specifies
29                                the provision under section 8C(2)(b).
30


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                                                                                 s. 18



1    18.         Schedule 1 clause 3 amended
2          (1)   In Schedule 1 clause 3(1):
3                  (a) delete "chairman" (each occurrence) and insert:
4

5                          chairperson
6

7                  (b)     delete "chairman," and insert:
8

9                          chairperson,
10

11                 (c)     delete "chairman." and insert:
12

13                         chairperson.
14

15         (2)   In Schedule 1 clause 3(5) delete "chairman" and insert:
16

17               chairperson
18

19               Note: The heading to amended Schedule 1 clause 3 is to read:
20                       Acting chairperson and members

21   19.         Schedule 1 clause 4 amended
22         (1)   In Schedule 1 clause 4(1) delete "chairman" and insert:
23

24               chairperson
25

26         (2)   Delete Schedule 1 clause 4(2)(a) and insert:
27

28                         (a)   the chairperson; or
29




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    s. 19



1      (3)    In Schedule 1 clause 4(3) delete "chairman, the deputy chairman"
2             and insert:
3

4             chairperson, the deputy chairperson
5




 


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