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


WILDLIFE CONSERVATION (FAUNA PROTECTION) AMENDMENT BILL 2002

                         Western Australia


     Wildlife Conservation (Fauna Protection)
               Amendment Bill 2002

                           CONTENTS

1.       Short title                            1
2.       Commencement                           2
3.       Application to Crown                   2
4.       Principal Act                          2
5.       Interpretation                         2
6.       New section 15B inserted               3




                             163--1           page i
                           Western Australia


                      LEGISLATIVE COUNCIL

                        (Hon. Christine Sharp)


     Wildlife Conservation (Fauna Protection)
               Amendment Bill 2002


                               A Bill for


An Act to provide for the conservation and protection of fauna in
cases where habitats are likely to suffer damage, or fauna will be
subjected to interference or damage by intrusive activity, by
amending the Wildlife Conservation Act 1950 and including
production contracts formed under the Forest Products Act 2000.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Wildlife Conservation (Fauna
        Protection) Amendment Act 2002.




                                                                page 1
     Wildlife Conservation (Fauna Protection) Amendment Bill 2002



     s. 2




     2.         Commencement
                This Act comes into operation on 1 January 2003.

     3.         Application to Crown
                This Act applies to --
5                (a)   any agent or instrumentality of the Crown if work or
                       activity subject to section 15B of the principal Act (as
                       inserted by section 6) is to be undertaken by it or on its
                       behalf;
                 (b)   the Forest Products Commission, despite section 10(6)
10                     of the Forest Products Act 2000, if what is to be done
                       under a production contract includes work or activity
                       made subject to section 15B of the principal Act
                       (inserted by section 6).

     4.         Principal Act
15              In this Act the Wildlife Conservation Act 1950 is referred to as
                the principal Act.

     5.         Interpretation
          (1)   In this Act, unless inconsistent with the context --
                  (a) words and expressions used in this Act have the same
20                      meanings that they have in the principal Act;
                  (b) "declared fauna" is fauna to which a notice issued
                        under section 14(2)(ba) of the principal Act applies and
                        is in operation;
                  (c) "management plan" includes a relevant management
25                      plan referred to in section 10(6) of the Forest Products
                        Act 2000.
          (2)   A relevant management plan as defined in section 55 of the
                Forest Products Act 2000 is to make provision for the matters
                prescribed for a management plan under section 15B(2) of the
30              principal Act.

     page 2
                 Wildlife Conservation (Fauna Protection) Amendment Bill 2002



                                                                               s. 6



     6.     New section 15B inserted
            The principal Act is amended by adding after section 15A the
            following section --
     "
5         15B.     Conditions for certain section 15 licences
            (1)    This section applies to work or activity that, by reason
                   of its nature or extent, will require a licence to take
                   issued under section 15.
            (2)    An application for a licence subject to this section must
10                 be accompanied by a management plan in the
                   prescribed form if, as a result of a survey of the land
                   where the work or activity will be performed, declared
                   fauna is found on that land.
            (3)    For the purposes of section 15(5), the Minister must be
15                 satisfied that the management plan provides adequate
                   monitoring and reporting of any adverse effects the
                   work or activity may have on declared fauna and the
                   sufficiency of the remedial action that is proposed in
                   response.
20          (4)    The Minister, in considering whether or not to grant a
                   licence, or the conditions attaching to a grant, may
                   require a licence application and the management plan
                   to be advertised inviting submissions on the proposal,
                   and the Minister is to have regard to those submissions
25                 in making a decision.
            (5)    The survey required by subsection (2) is to be
                   performed by a person or body approved by the
                   Minister or selected from a published list of such
                   persons or bodies.
30                                                                              ".




 


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