Agriculture and Related Resources Protection Act Amendment Act 1979 (WA)

WESTERN AUSTRALIA.

AGRICULTURE AND RELATED

RESOURCES PROTECTION.

No. 55 of 1979.

AN ACT to amend the Agriculture and Related

Resources Protection Act, 1976-1978.

[Assented to 12th November, 1979.]

BE 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:—

Short title

1. (1) This Act may be cited as the Agriculture and Related Resources Protection Act Amendment

and

citation.

Act, 1979.

Act No. 42

(2) In this Act the Agriculture and Related Resources Protection Act, 1976-1978 is referred to

of 1976

amended by

Act No. 40

as the principal Act.

of 1978.

No. 55.] Agriculture and Related Resources [1979.

Protection.

(3) The principal Act as amended by this Act may be cited as the Agriculture and Related Resources Protection Act, 1976-1979.

Commence-

ment.	2. (1) Sections 3, 7, 10 and 11 and paragraph (b) of section 4 of this Act shall be deemed to have come into operation on the day that the Agriculture and Related Resources Protection Act, 1976 came into operation.
(2) The provisions of this Act other than those referred to in subsection (1) of this section shall come into operation on the day that this Act receives the Royal Assent.
Long title
amended.	3. The long title of the principal Act is amended by adding after the passage "animals," in line six the passage "for the protection of agriculture and related resources generally,".
Section 5

amended, 4. Section 5 of the principal Act is amended

(a)	by adding immediately after the passage "Division 3.—Regional Advisory Com- mittees, ss. 28-34." in the penultimate and last lines of the arrangement of Part III the passage "Division 4.—General, s. 34A."; and
(b)	by adding immediately after the passage "Division 2.—Declared Animals, ss. 77-83." in the last line of the arrangement of Part VI the passage "PART VIA.—PROTEC- TION OF AGRICULTURE AND RELATED RESOURCES FROM AGRICULTURAL CHEMICALS, s. 83A.".

Section 15

amended. 5. Section 15 of the principal Act is amended by adding after subsection (14) the following sub- section

(15) Where a member of an authority is

absent from a meeting of the authority and

(a) no person has been appointed as deputy of that member; or

1979.] Agriculture and Related Resources [No. 55.

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(b) the person who is appointed to be the deputy of that member is also absent from the meeting,

any other deputy of a member may, if authorized in writing by the member who is absent from the meeting, attend that meeting and, when so attending, is deemed to be a member of the authority and has all the powers, functions and duties of a member of the authority. .

6. The principal Act is amended by adding 11)4;itsMi 4 °f

immediately after section 34 the following Division— added.

Division 4.—General.

Nomination

34A. Notwithstanding anything in this Act, where in relation to the nomination of a person	of persons other than
eligible
for appointment as a member of an authority	Persons.
or committee

(a)	a council is of the opinion that no member of the council is suitable for, or willing to accept, nomination for appointment; or
(b)	a producer association desires to nominate for appointment a person other than a person who is a member of the producer association,

the council or producer association, as the case requires, may nominate a person other than an eligible person for appointment as a member of the authority or committee concerned and the Protection Board may appoint any person so nominated. .

No. 55.] Agriculture and Related Resources [1979.

Protection.

Part VIA

added. 7. The principal Act is amended by adding

immediately after section 83 the following Part

PART VIA.-PROTECTION OF AGRICULTURE AND

RELATED RESOURCES FROM AGRICULTURAL CHEMICALS.

Protection

from	83A. (1) The object of this section is to
agricultural

chemicals. protect agriculture and related resources, from danger or detriment likely to result from the storage, use, or transport of prescribed agricultural chemicals.

A person shall not in any prescribed part of the State store, use, or transport a prescribed agricultural chemical in a manner which does not conform to the regulations.

(2)

Penalty: Five hundred dollars.

(3) Notwithstanding subsection (2) where the regulations prescribe a requirement to obtain an approval in relation to the storage, use or transport of any prescribed agricultural chemical in any prescribed part of the State the Chairman of the Protection Board may by notice published in the Gazette suspend the requirement in relation to the prescribed part of the State or any portion of that part for such period as is specified and may impose in place thereof such conditions and restrictions (if any) in relation to the storage, use or transport of the agricultural chemical as are specified.

(4) The Chairman of the Protection Board may by subsequent notice published in the Gazette vary or cancel any notice published pursuant to subsection (3).

(5) A person who contravenes or fails to comply with any condition or restriction specified pursuant to subsection (3) or subsection (4) commits an offence.

Penalty: Five hundred dollars.

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(6) In this section "specified" means specified in a notice published pursuant to subsection (3) or subsection (4). .

Section 94A

8. The principal Act is amended by adding added.

immediately after section 94 the following section-

Proof of

94A. In any proceedings for an offence plant or

against this Act a certificate signed or	animal.
purporting to be signed by or on behalf of the Chief Protection Officer stating that the plant or animal in relation to which the proceedings are brought is a plant or animal of the kind specified in the certificate shall, until the contrary is proved, be sufficient evidence that the plant or animal is of the kind so specified. .

9.    Section 105 of the principal Act is amended Section 105

by adding after paragraph (i) the following amended.

paragraph-

(ia) controlling the entry of persons into, and, movement of persons on and from, land in or upon which declared plants are, or are suspected to be, present; .

10. The principal Act is amended by adding Section 106A added.

immediately after section 106 the following section- 106A. Without limiting the generality of section 103 the Governor may, for the protection of agriculture and related resources, make regulations with respect to the storage, use, and transport of prescribed agricultural chemicals. .

11. The principal Act is amended by adding Section 113A added.

immediately after section 113 the following section-

113A. (1) In this section the Noxious Weeds

(Restricted Spraying Areas) Regulations, 1973,

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published in the Gazette on the 18th August, 1973, together with all amendments to those regulations published from time to time in the Gazette before the coming into operation of this Act are referred to as "the spraying regulations".

(2) The Noxious Weeds Act, 1950-1973, as in force immediately before the date of the coming into operation of this Act shall be deemed to have authorized the making of the spraying regulations and those regulations shall be deemed to have taken effect and to have had the force of law accordingly. .