Biodiversity Conservation Amendment Regulations 2022 (WA)

25 March 2022 GOVERNMENT GAZETTE, WA 2347

CONSERVATION

C0301

Biodiversity Conservation Act 2016

Biodiversity Conservation Amendment

Regulations 2022

SL 2022/43

Made by the Governor in Executive Council.

1. Citation

These regulations are the Biodiversity Conservation Amendment

Regulations 2022.

2.   Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Biodiversity Conservation

Regulations 2018.

4.           Regulation 67 amended

In regulation 67(2) delete "living".

5.           Regulation 134 amended

Delete regulation 134(2) and insert:

(2) Subregulation (1) does not apply in relation to —

(a) the movement of sandalwood from the place where it was taken to another place on the same land before any processing (including preliminary processing) is undertaken; or

2348 GOVERNMENT GAZETTE, WA 25 March 2022

(b) the delivery of sandalwood to the holder of a
flora processing (sandalwood) licence if

(i)     it is delivered for the purposes of analysis; and

(ii)     the quantity of sandalwood does not exceed 10 kg.

6.            Regulation 135 amended

After regulation 135(i) insert:

(ia) the date on which the sandalwood is to be

transported;

7.           Regulation 136 amended

Delete regulation 136(2)(a), (b) and (c) and insert:

(a)	the alteration is made in a manner that leaves the entry that is altered legible or recoverable; and
(b)	the identity of the person making the alteration is recorded on the form; and
(c)	in the case of information required under regulation 135(a) to (g), (k) or (1) the alteration is made for the purpose of correcting a mistake as soon as practicable after the mistake is discovered.

8.            Regulation 137 amended

(1) Delete regulation 137(1) and insert:

(1) A person must not transport sandalwood in a case
where a sandalwood tracking form is required under
these regulations without being in possession of a
sandalwood tracking form that complies with the
requirements of this Part.
Penalty for this subregulation: a fine of $5 000.

25 March 2022 GOVERNMENT GAZETTE, WA 2349

(2)	Delete regulation 137(3) and insert:
(3) If a person engages another person (a driver) to transport sandalwood in a case where a sandalwood tracking form is required under this Part, the person must, before the transportation occurs, ensure that the driver is given a sandalwood tracking form that complies with the requirements of this Part. Penalty for this subregulation: a fine of $25 000.
(3)	Delete regulation 137(5) and insert:
(5) A person who transports sandalwood in a case where a sandalwood tracking form is required under this Part must give to the person to whom the sandalwood is delivered, at the time of delivery, a sandalwood tracking form that complies with the requirements of this Part. Penalty for this subregulation: a fine of $5 000.

9.      Regulation 138 amended

In regulation 138(3):

(a)	in paragraph (a) delete "at least 2 copies of the
sandalwood tracking form accompanying the sandalwood are" and insert:
the sandalwood tracking form accompanying the sandalwood is
(b)	in paragraph (b) delete "those copies." and insert:

that form.

10.     Schedule 3 amended

In Schedule 3 delete "-40.742741" (each occurrence) and insert:

-30.742741

N. HAGLEY, Clerk of the Executive Council.