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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Soil and Land Conservation Amendment
Bill 2000
A Bill for
An Act to amend the Soil and Land Conservation Act 1945.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Soil and Land Conservation
Amendment Act 2000.
page 1
142--1
Soil and Land Conservation Amendment Bill 2000
s. 2
2. Commencement
This Act comes into operation on the day on which the Tree
Plantation Agreements Act 2000 comes into operation.
3. The Act amended
5 The amendments in this Act are to the Soil and Land
Conservation Act 1945*.
[* Reprinted as at 12 August 1997 .
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 231.]
10 4. Section 4 amended
(1) Section 4 is amended in the definition of "Occupier" by
inserting after "of the land" --
"
, and a person who is the proprietor of a plantation
15 interest, as defined in the Tree Plantation Agreements
Act 2000, in relation to the land
".
(2) Section 4 is amended after the definition of "Owner" by
inserting the following definitions --
20 "
"Plantation" means one or more groups of planted
(not naturally occurring) trees.
"Product", in relation to a tree, includes the whole
tree, a part of the tree or a thing produced by the
25 tree whether or not the part of the tree or the thing
produced by the tree is above or below the ground
or has become separated from the tree before being
harvested.
".
page 2
Soil and Land Conservation Amendment Bill 2000
s. 5
(3) Section 4 is amended after the definition of "Treasurer" by
inserting the following definition --
"
"Tree" means a perennial plant having one or more
5 woody, self-supporting trunks and includes a tree
seedling and a sapling.
".
5. Section 4A inserted
After section 4 the following section is inserted in Part I --
10 "
4A. Regulations and soil conservation notices do not
apply so as to prevent harvest of certain planted
trees
(1) In subsection (2) --
15 "code of practice" means a code of practice approved
under section 21C;
"notice" means a soil conservation notice as defined in
section 31;
"regulation" means a regulation made under
20 section 22(2) or 48.
(2) A regulation or notice is of no effect to the extent to
which it purports to prevent the harvest of a product of
a tree in a plantation --
(a) to which an agreement under the Tree
25 Plantation Agreements Act 2000 that is
registered under the Transfer of Land Act 1893
applies; or
(b) that is registered under section 21B,
page 3
Soil and Land Conservation Amendment Bill 2000
s. 6
if the harvest is being done, or is intended to be done,
in accordance with a code of practice --
(c) that applied at the time the agreement was
registered under the Transfer of Land Act 1893
5 or the plantation was registered under
section 21B, as is relevant to the case; or
(d) that applies at the time the harvest is being
done, or at the time that harvest is intended to
be done.
10 ".
6. Sections 21B and 21C inserted
After section 21A the following sections are inserted in
Part III --
"
15 21B. CEO to keep register of certain plantations
(1) The chief executive officer is to keep a register for the
purposes of this section.
(2) An owner of land on which a plantation is situated but
which is not the subject of an agreement under the
20 Tree Plantation Agreements Act 2000 that is registered
under the Transfer of Land Act 1893 may apply to the
chief executive officer to register the plantation.
(3) An application under subsection (2) is to --
(a) be in a form approved by the chief executive
25 officer;
(b) describe the land on which the plantation is
situated and identify, whether by way of words
or a sketch, the portion of the land that is
allocated to the plantation in a manner that is
30 acceptable to the chief executive officer for the
purposes of registering the plantation;
page 4
Soil and Land Conservation Amendment Bill 2000
s. 6
(c) be accompanied by such evidence as is required
by the chief executive officer to be satisfied
that the application is for a plantation as
defined by this Act; and
5 (d) be accompanied by the prescribed fee.
(4) The chief executive officer is to register a plantation on
an application under subsection (2) if the application
complies with subsection (3)(a), (b), (c) and (d).
(5) A person may, during office hours, attend the office
10 where the register is kept and free of charge inspect the
register.
(6) A person may request a copy of information contained
in the register and the chief executive officer is to
ensure that a copy is available and that the price at
15 which the copy is sold does not exceed the cost of
providing the copy.
21C. Codes of practice for harvest of plantation products
(1) The chief executive officer may approve one or more
codes of practice relating to the harvest of products of
20 trees in a plantation --
(a) to which an agreement under the Tree
Plantation Agreements Act 2000 that is
registered under the Transfer of Land Act 1893
applies; or
25 (b) that is registered under section 21B.
(2) A code of practice may --
(a) apply to the harvest of --
(i) all plantations or plantation products;
(ii) plantations or plantation products in a
30 part of the State specified in the code;
page 5
Soil and Land Conservation Amendment Bill 2000
s. 6
(iii) plantations or plantation products of a
kind specified in the code; or
(iv) plantations of a specified size;
(b) make different provision for different cases;
5 (c) require a matter affected by the code to be
approved by or to the satisfaction of a person
specified in the code; or
(d) adopt or incorporate the whole or part of an
industry standard or code of practice relating to
10 the harvest of plantation products.
(3) A code of practice does not have effect unless there
is published in the Gazette a notice stating --
(a) that the code has been approved;
(b) the day on which the code comes into operation
15 (which cannot be before the day on which the
notice is published in the Gazette); and
(c) how and from where a copy of the code may be
obtained.
(4) The chief executive officer may, by notice published in
20 the Gazette, repeal a code of practice.
(5) The chief executive officer may amend or replace a
code of practice and subsection (3) applies as if a
reference in that subsection to a code were a reference
to the amendment or replacement of a code, as is
25 relevant to the case.
".
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