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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 Conservation and Land Management Amendment Bill 2021 s. 1 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 page 2 Conservation and Land Management Amendment Bill 2021 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 page 3 Conservation and Land Management Amendment Bill 2021 s. 6 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. page 4 Conservation and Land Management Amendment Bill 2021 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 page 5 Conservation and Land Management Amendment Bill 2021 s. 8 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 page 6 Conservation and Land Management Amendment Bill 2021 s. 10 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 page 7 Conservation and Land Management Amendment Bill 2021 s. 15 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 page 8 Conservation and Land Management Amendment Bill 2021 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 page 9 Conservation and Land Management Amendment Bill 2021 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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