Acts Amendment (Conservation and Land Management) Act 1984 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(CONSERVATION AND LAND MANAGEMENT).

No. 112 of 1984.

AN ACT to amend the Wildlife Conservation Act 1950, the Land Act 1933, the Bush Fires Act 1954, the Agriculture and Related Resources Protection Act 1976, the Fisheries Act 1905, and the Public Works Act 1902.

[Assented to 19 December 1984.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

PART I.—PRELIMINARY.

1. This Act may be cited as the Acts Amend- Short title.

ment (Conservation and Land Management) Act

No. 112.] Acts Amendment (Conservation [1984.

Commence-	and Land Management).
ment.

2. This Act shall come into operation on the day fixed for the commencement of the Conservation and Land Management Act 1984.

PART II.-WILDLIFE CONSERVATION ACT 1950.

Principe/ Act. 3. In this Part the Wildlife Conservation Act 1950

Reprinted

as approved is referred to as the principal Act.

30 June 1980

and amended

by Act

No. 53 of 1980.

Section 6

amended. 4. Section 6 of the principal Act is amended in

subsection (1)-

(a)	by deleting the definitions of "Authority", "Director", "honorary wildlife officer", "nature reserve", "the Fund", "wildlife officer" and "wildlife sanctuary"; and
(b)	by inserting, in their appropriate alpha- betical positions, the following definitions

IC "Executive Director" means the

Executive Director of the Depart- ment of Conservation and Land Management appointed under section 36 of the Conservation and Land Management Act 1984;

"Fund" means the Conservation and Land Management Fund referred to in section 65 of the Conservation and Land Management Act 1984;

"honorary wildlife officer" means a person appointed to be an honorary wildlife officer under section 46 of the Conservation and Land Management Act 1984;

"nature reserve" has the meaning assigned to it by sections 6 (4) and 16 (5) of the Conservation and Land Management Act 1984;

1984.] Acts Amendment (Conservation [No. 112.

and Land Management).

"wildlife officer" means an officer designated as such under section 45 (1) (a) of the Conservation and Land Management Act 1984;

"wildlife sanctuary" means an area of land which is the subject of an agreement made under section 16 of the Conservation and Land Management Act 1984 for manage- ment as a nature reserve. ".

5.    Section 7 of the principal Act is repealed and substituted.

the following section is substituted-

7. Subject to the direction and control of itildprratInIstra-

the Minister, this Act shall be administered

by the Executive Director. ".

6.    Sections 9A, 10, 11, 12, 12A, 12B, 12C, 12D, =V'

12E and 13 of the principal Act are repealed. sections.

(15

7.    Section 15 of the principal Act is amended— amended.

(a) in subsection (lb) by deleting "Conservator of Wildlife" and substituting the follow- ing

" Executive Director "; and

(b) in subsection (3) (a), by deleting "Conser- vator of Wildlife" and substituting the following-

" Executive Director ".

8. Sections 17C, 17D, 17E and 17F of the prin- T'AStififf 14P 'repealed.

cipal Act are repealed.

No. 112.] Acts Amendment (Conservation [1984.

and Land Management).

Section 19

repealed.	9. Section 19 of the principal Act is repealed.
Section 23

amended. 10. Section 23 of the principal Act is amended in subsection (2) by deleting "Conservator of Wild- life" and substituting the following

" Executive Director ".

Section 23C

amended. 11. Section 23C of the principal Act is

amended

(a) in subsection (3) (a) by deleting "Conser- vator of Wildlife" and substituting the following-

" Executive Director "; and

(b) in subsection (4)-

(i)    in paragraph (a) by deleting "Con- servator of Wildlife" and substitut- ing the following-

" Executive Director "; and

(ii)    in paragraph (b) by deleting "Con- servator" and substituting the fol- lowing

" Executive Director ".

Section 24

repealed.	12. Section 24 of the principal Act is repealed.
Section 26

amended. 13. Section 28 of the principal Act is amended in subsection (3) by inserting immediately before "Director", in both places where it occurs, the following-

" Executive ".

Section 27B

amended. 14. Section 27B of the principal Act is amended by deleting "Conservator of Wildlife" and substitut- ing the following-

" Executive Director ".

1984.] Acts Amendment (Conservation [No. 112.

and Land Management).

15. Section 28 of the principal Act is amended— amended.

(a) in subsection (1) by deleting paragraphs (a) to (am), and paragraph (k); and

(b) by deleting subsection (3).

16. Part XII of the Conservation and Land tvilizoti.

Management Act 1984 shall have effect, so far as it is applicable, for the purpose of the amendments made by this Part.

PART III-LAND ACT 1933.

17. In this Part the Land Act 1933 is referred to Principal Act. Reprinted

as the principal Act.

as approved 17 May 1973 and amended

by Acts

Nos. 73 of

1977,

107 of 1978,

65 and 97

of 1980 and

77, 78, 79 and

94 of 1982.

Section 31A

13. After section 31 of the principal Act, the following section is inserted

inserted.

C'

31A. Land that, after the commencement argloolt,Ir.

of the Acts Amendment (Conservation and v.aivionai under section 29 for the purpose of a national park shall, by force of this section, remain a national park until, by an Act in which the land is specified, it is otherwise enacted. ".

19. Section 37 of the principal Act is amended gggiodner

by deleting "section thirty-one" and substituting

the following-

" sections 31 and 31A ".

No. 112.] Acts Amendment (Conservation [1984.

and Land Management).

Section 37B

inserted. 20. After section 37A of the principal Act, the

following section is inserted-

Limitation Ct

of this Part. 37B. (1) This Part is subject to

(a)	subsections (2), (3) and (5) of section 7 of the Conservation and Land Management Act 1984, and no land that is reserved under this Part and referred to in those subsections and thereby vested in the Authority constituted under that Act shall be vested or disposed of under this Part;
(b)	subsection (4) of section 7 of that Act, and no land that is reserved under this Part and referred to in that subsection and thereby vested in the Authority constituted under that Act either solely or jointly with some other body or bodies shall be vested or disposed of, or the vesting amended, under this Act, otherwise than in relation to the interest of the other body or bodies therein;
(c)	sections 8 and 10 of that Act, and no land shall be reserved under this Part as a State forest or timber reserve;
(d)	section 17 of that Act, and the purpose for which land to which that section applies was reserved, shall not be cancelled or amended, or the boundaries of that land altered other than by addition thereto, except in accordance with that section;
(e)	sections 19 (3) and 22 (3) of that Act; and
(f)	Part V of that Act, and the Minister shall not exercise the power conferred on him by section 34A in respect of land to which that Act applies.

1984.] Acts Amendment (Conservation [No. 112.

and Land Management).

(2)

Section 32 shall not apply to a national park, nature reserve, marine nature reserve or marine park within the meaning of the Conservation and Land Management Act 1984 or any land referred to in section 5 (g) of that Act.

(3) Where land is vested by order under this Act as mentioned in section 5 (g) of the Conservation and Land Manage- ment Act 1984, a power to lease shall not be conferred by the order on either the Commission or the Authority constituted under that Act. ".

PART IV.-BUSH FIRES ACT 1954.

In this Part the Bush Fires Act 1954 is referred to as the Principal Act.

Principal Act.

Reprinted

as approved

21 June 1978

and amended

by Acts

Nos. 51 of

1979 and 95

of 1981.

21.

22.    Section 7 of the principal Act is amended by =Al

deleting the definition of "forest land" and

substituting the following

C' "forest land" means State forest and timber

reserves within the meaning of the Conservation and Land Management Act 1984 and any land to which section 131 of that Act applies; ".

Section 8

23.

Section 8 of the principal Act is amended, in subsection (3), by deleting paragraphs (c), (j) and amended.

(k) and substituting the following-

" (c) 3 persons nominated by the Minister to whom the administration of the Conservation and Land Management Act 1984 is for the time being committed; ".

No. 112.] Ads Amendment (Conservation [1984.

and Land Management).

Section 49

amended. 24. Section 49 of the principal Act is amended by deleting paragraph (c) and substituting the following-

" (c) a forest officer where the fire has originated or extended within 3 kilometres of forest land. ".

PART V.-AGRICULTURE AND RELATED RESOURCES

PROTECTION ACT 1976.

Section 94

amended.	25. The Agriculture and Related Resources
Reprinted

as approved	Protection Act 1976 is amended, in section 94 (1) (b),
10 February
1981 and	by deleting subparagraph (iv) and substituting the
amended by
Acts Nos. 76	following
of 1981 and

31 of 1983. 'C (iv) the Executive Director of the Department

of Conservation and Land Management, that any person is registered in that Department as the holder of a permit, licence or lease under Part VIII of the Conservation and Land Management Act 1984; ".

PART VI.-FISHERIES ACT 1905.

Section 30

amended.	26. The Fisheries Act 1905 is amended, in section
Reprinted as

approved 30, by inserting after subsection (1) the following

15 Mardi 1976 and amended by Acts it

Nos. 60 of	(la) No order shall be made under this
1979, 73 of

1981 bald	section
70 of 1982.

(a)	in respect of waters and land which comprise a marine nature reserve or a marine park under the Conserva- tion and Land Management Act 1984; or
(b)	for any purpose for which a marine nature reserve or marine park could be constituted under that Act. ".

1984.] Acts Amendment (Conservation [No. 112.

and Land Management).

PART VII.-PUBLIC WORKS ACT 1902.

27. The Public Works Act 1902 is amended, in amended.

section 2, in the definition of "Crown land", by Reprinted as	aPPrved	o
inserting after "Land Act, 1933" the following—	June

1978;

amended by

Act No. 67

cc or any national park referred to in section of 1979.

6 (3) (b) of the Conservation and Land

Management Act 1984. ".