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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon C. Sharp)
High Conservation Value Forest Protection
Bill 1999
A Bill for
An Act to ensure Parliamentary approval of a Regional Forest
Agreement.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the High Conservation Value Forest
Protection Act 1999.
page 1
77 -- 1
High Conservation Value Forest Protection Bill 1999
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Definitions
5 In this Act --
"high conservation value forest" means forest that is --
(a) old growth forest as shown on the map entitled "Old
Growth Forest" and published by the Department of
Conservation and Land Management in 1998 as part
10 of the Comprehensive Regional Assessment Report;
(b) in a place that is on the Register of the National
Estate or the Interim List for the Register of the
National Estate established under the Australian
Heritage Commission Act 1975 of the
15 Commonwealth; or
(c) one of those areas of State Forest defined in
Schedules 1 to 3, being areas identified by local
communities as having high conservation value.
"logging operations" means --
20 (a) the felling of trees for commercial purposes; or
(b) an operation preparatory or incidental to the felling of
trees for commercial purposes.
"Regional Forest Agreement" means the agreement referred to
in clause 1 of the Scoping Agreement for a Western
25 Australian Regional Forest Agreement which Scoping
Agreement was signed by the Premier of Western Australia
and the Prime Minister of Australia on 3 July 1996.
"State Forest" has the meaning given by section 3 of the
Conservation and Land Management Act 1984.
page 2
High Conservation Value Forest Protection Bill 1999
s. 4
4. Act binds the Crown
This Act binds the Crown.
5. Relationship to other written laws
This Act has effect notwithstanding any provision of any other
5 written law.
6. Restriction on logging operations in high conservation value
forest
(1) A person must not undertake logging operations in a high
conservation value forest unless --
10 (a) the Regional Forest Agreement executed by or on behalf
of the State of Western Australia is tabled in both
Houses of Parliament;
(b) 28 sitting days have elapsed since the Regional Forest
Agreement was last tabled; and
15 (c) each House of Parliament has approved the Regional
Forest Agreement by resolution passed after 14 sitting
day's notice of the motion for the resolution has been
given.
Penalty: $500,000
20 (2) For the purposes of subsection (1)(c), notice of motion must not
be given before the end of the period described in subsection
(1)(b).
(3) If either House of Parliament does not pass a resolution as
described in this section approving a Regional Forest
25 Agreement an amended Regional Forest Agreement may be
tabled in both Houses for their approval.
page 3
High Conservation Value Forest Protection Bill 1999
s. 7
7. Enforcement
Any person may bring proceedings in the Supreme Court of
Western Australia to --
(a) prosecute for an offence against section 6; or
5 (b) obtain an interim or final injunction to restrain any
threatened breach of section 6.
page 4
High Conservation Value Forest Protection Bill 1999
Schedule 1
Schedule 1
Kerr Forest
page 5
High Conservation Value Forest Protection Bill 1999
Schedule 2
Schedule 2
Hester Forest
page 6
High Conservation Value Forest Protection Bill 1999
Schedule 3
Schedule 3
Proposed Wellington National Park
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