Conservation and Land Management Amendment Act 2000 (WA)

Western Australia

Conservation and Land Management

Amendment Act 2000

Western Australia

Conservation and Land Management

Amendment Act 2000

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	The Act amended	2
4.	Section 3 amended	2
5.	Section 5 amended	5
6.	Section 7 amended	5
7.	Section 10 replaced	5

10.

Reservation of timber reserves

8.	Section 16B amended	6
9.	Section 17 amended	6
10.	Part III Divisions 1, 2 and 3 replaced by Division 1	7
Division 1 — Conservation Commission of

Western Australia

Subdivision 1 — Establishment and functions and

powers of Conservation Commission

18.	Conservation Commission established	7
19.	Functions of Conservation Commission	8
20.	Powers of Conservation Commission	12

Subdivision 2 — Membership and meetings of

Conservation Commission

21.	Membership of Conservation Commission	14
22.	Certain person not eligible for appointment	15
23.	Entitlement of Executive Director and
Directors to attend meetings of
Conservation Commission	16

Subdivision 3 — Relationship with the Minister

24.	Minister may give directions	17
25.	Minister to have access to information	17

Conservation and Land Management Amendment Act 2000

Contents

Subdivision 4 — General

26.	Consultants	18
26AA.	Delegation	18
26AB.	Execution of documents	19
26AC.	Review of Conservation Commission	20

11.	Section 26B amended	21
12.	Heading to Part III Division 4 amended	21
13.	Section 27 amended	21
14.	Section 30 amended	21
15.	Section 33 amended	21
16.	Section 33A amended	24
17.	Section 34A amended	24
18.	Section 34B amended	25
19.	Section 35 amended	26
20.	Section 36 amended	26
21.	Section 38 amended	26
22.	Section 49 amended	27
23.	Section 53 amended	27
24.	Section 54 amended	28
25.	Section 58 amended	29
26.	Section 59 amended	29
27.	Section 60 amended	30
28.	Section 62 amended	32
29.	Section 62A inserted	34

62A.

Amendment and cancellation of forest

conservation area classification

30.	Section 64 amended	35
31.	Section 87 amended	36
32.	Section 87A inserted	36

87A.

Restriction on exercise of powers

33.	Section 92 amended	38
34.	Section 95 amended	38
35.	Section 96 amended	38
36.	Section 97 replaced by sections 97 and 97A	39

97.	Forest leases	39
97A.	Licences for use of land	39

37.	Section 99 amended	41
38.	Section 101 amended	43
39.	Section 103 amended	44
40.	Section 107 amended	45
41.	Section 117 amended	45
42.	Section 118 amended	45

Conservation and Land Management Amendment Act 2000

Contents

43.	Section 119 amended	46
44.	Section 127 amended	46
45.	Section 128 amended	46
46.	Section 130A inserted	46

130A.

Regulations as to rights of holders of

mining tenements to take forest produce

47.

Section 131A inserted

131A.

Tabling of Ministerial directions

48.	Section 132 amended	48
49.	Schedule amended	48
50.	Various references to “Authority” amended	50
51.	Transitional provisions	50
52.	Consequential amendments	51
Schedule 1 — Transitional provisions
1.	Definitions	52
2.	Certain contracts under CALM Act for sale of forest products have effect as if entered into by Forest Products Commission	52
3.	Certain contracts under CALM Act for harvesting of forest products have effect as if entered into by the Forest Products Commission	53
4.	Transfer of rights and obligations under certain
timber sharefarming agreements under CALM Act	54
5.	Transfer of rights and obligations under other
agreements	54
6.	Transfer of positions	55
7.	Reserves and other land vested in the Commission
or Authority	57
8.	Management plans	58
9.	Members of Commission, Authority and Council	58
10.	Certain regulations under CALM Act taken to have
been made under Forest Products Act	58
11.	Registration of documents	59
12.	Transitional regulations	60
13.	Saving	61

Western Australia

Conservation and Land Management

Amendment Act 2000

No. 35 of 2000

An Act to amend the Conservation and Land Management Act 1984, to make consequential amendments to other Acts, and for related purposes.

[Assented to 10 October 2000]

The Parliament of Western Australia enacts as follows:

1. Short title

This Act may be cited as the Conservation and Land

Management Amendment Act 2000.

Conservation and Land Management Amendment Act 2000

2. Commencement

This Act comes into operation on the day on which the Forest

Products Act 2000 comes into operation.

3. The Act amended

The amendments in this Act (other than in section 52) are to the

Conservation and Land Management Act 1984*.

[* Reprinted as at 26 March 1999.]

4. Section 3 amended

(1)	The amendments in this section are to section 3.
(2)	The definition of “appointed member” is deleted.
(3)	The definition of “associated body” is amended by deleting “Authority” in both places where it occurs and inserting in each place instead —
“ Conservation Commission ”.
(4)	The definition of “Authority” is deleted and the following definitions are inserted instead — “

“biodiversity” means the variability among living

biological entities and the ecosystems and

ecological complexes of which those entities are a

part and includes —

(a)	diversity within native species and between native species;
(b)	diversity of ecosystems; and
(c)	diversity of other biodiversity components;

Conservation and Land Management Amendment Act 2000

s. 4

“biodiversity components” includes habitats,

ecological communities, genes and ecological

processes;

”.

(5)

The definition of “Commission” is deleted.

(6)

After the definition of “conservation and land management

officer” the following definition is inserted —

“

“Conservation Commission” means the Conservation

Commission of Western Australia established by section 18;

”.

(7)

The definitions of “Council” and “ex officio member” are

deleted.

(8)

After the definition of “forest produce” the following definitions

are inserted —

“

“forest products” has the same meaning as it has in

the Forest Products Act 2000;

“Forest Products Commission” means the Forest

Products Commission established by the Forest

Products Act 2000;

”.

(9)	The definition of “member” is deleted and the following definition is inserted instead — “

“member” means a member of the Conservation

Commission, the Marine Authority or the Marine

Committee;

”.

Conservation and Land Management Amendment Act 2000

(10)	After the definition of “Minister for Fisheries” the following definition is inserted — “

“Minister for Forest Products” means the Minister to

whom the administration of the Forest Products

Act 2000 is committed;

”.

(11)	After the definition of “pearling activity” the following definition is inserted — “

“public water catchment area” means —

(a)	land which is reserved under Part 4 of the Land Administration Act 1997 for water supply purposes and the care, control and management of which are placed with the Water and Rivers Commission under that Act;
(b)	a catchment area or water reserve constituted by order in council or proclamation under —

(i) the Country Areas Water Supply Act 1947;

(ii)	the Metropolitan Water Supply, Sewerage, and Drainage Act 1909; or

(iii) the Water Boards Act 1904;

(c)	Area constituted by proclamation under the

an Underground Water Pollution Control Drainage Act 1909;

”.

(12)	The definition of “royalty” is deleted.

Conservation and Land Management Amendment Act 2000

s. 5

(13)	After the definition of “tree” the following definition is inserted — “

“Water and Rivers Commission” means the Water

and Rivers Commission established by section 4 of

the Water and Rivers Commission Act 1995;

”.

5. Section 5 amended

(1)	Section 5(g) is amended by deleting “Commission, the Authority” and inserting instead —
“ Conservation Commission ”.
(2)	Section 5(h) is amended by deleting “Commission or the Authority.” and inserting instead —
“ Conservation Commission. ”.

6. Section 7 amended

(1)	Section 7(1) is amended before “Commission” by inserting —
“ Conservation ”.
(2)	Section 7(3) is amended by deleting “Authority.” and inserting instead —
“ Conservation Commission. ”.
(3)	Section 7(6) is amended by deleting “and (3), 22(2) and (3)”.

7. Section 10 replaced

Section 10 is repealed and the following section is inserted

instead —

“

10. Reservation of timber reserves

The Governor may, by order published in the Gazette,

reserve any Crown land as a timber reserve.

”.

Conservation and Land Management Amendment Act 2000

8. Section 16B amended

Section 16B(3) is amended by deleting “10(1)(b) and 17” and

inserting instead —

“ 17 ”.

9. Section 17 amended

(1)	Section 17(3) is amended by deleting “Commission, Authority” and inserting instead —
“ Conservation Commission ”.
(2)	Section 17(4) is amended by deleting “Commission, the Authority” in both places where it occurs and inserting in each place instead —
“ Conservation Commission ”.
(3)	Section 17(4a) is amended by deleting “Commission, the Authority” and inserting instead —
“ Conservation Commission ”.
(4)	Section 17(5) is amended after “subsection (6) applies,” by inserting — “

or in the case of a timber reserve to which

subsection (6a) applies,

”.

(5)	Section 17(6) is amended after “marine reserve” by inserting — “

(other than land reserved under Part 4 of the Land

Administration Act 1997 as a marine reserve)

”.

Conservation and Land Management Amendment Act 2000

s. 10

(6)	After section 17(6) the following subsection is inserted —

“

(6a)

In the case of a timber reserve (other than land reserved

under Part 4 of the Land Administration Act 1997 as a

timber reserve), the Minister, with the concurrence of

the Minister for Forest Products, may, subject to this

section, recommend to the Governor that an order be

made to give effect to the proposal, and thereupon the

Governor shall by order published in the Gazette give

effect to the proposed cancellation, amendment or

alteration.

”.

10. Part III Divisions 1, 2 and 3 replaced by Division 1

Part III Divisions 1, 2 and 3 are repealed and the following

Division is inserted instead —

“

Division 1 — Conservation Commission of

Western Australia

Subdivision 1 — Establishment and functions and powers of

Conservation Commission

18. Conservation Commission established

(1)

There is established by this section a commission by

the name of the Conservation Commission of Western

Australia.

(2)

The Conservation Commission is a body corporate

with perpetual succession.

(3)

Proceedings may be taken by or against the

Commission in its corporate name.

Conservation and Land Management Amendment Act 2000

19. Functions of Conservation Commission

(1)	The functions of the Conservation Commission are —

(a)

to have vested in it State forest, timber reserves, reserves, relevant land referred to in section 5(g) and to have the joint function provided for by section 7(4);

(b)	to have the care, control and management of relevant land referred to in section 5(h) placed with it;
(c)	to develop policies —

(i) for the preservation of the natural environment of the State and the provision of facilities for the enjoyment

of that environment by the community;

(ii) for promoting the appreciation of flora and fauna and the natural environment; and

(iii) to achieve or promote the objectives referred to in section 56(1)(a), (b), (c), (d) and (e);

(d)	to advise the Minister on the development of policies for the conservation and management of biodiversity and biodiversity components throughout the State;
(e)	to consider, in accordance with section 17, any cancellation, change of purpose or boundary alteration in respect of land vested, whether solely or jointly with an associated body, in the Conservation Commission;
(f)	to submit proposed management plans to the Minister as provided in Part V in respect of land vested, whether solely or jointly with an

Conservation and Land Management Amendment Act 2000

s. 10

associated body, in the Conservation

Commission;

(g)	in relation to management plans for land vested, whether solely or jointly with an associated body, in the Conservation

Commission —

(i) to develop guidelines for monitoring and assessing the implementation of the management plans by the Department;

(ii)	and auditing the performance of the Department and the Forest Products Commission in carrying out and

to set performance criteria for assessing and

(iii) to assess and audit the performance of the Department and the Forest Products Commission in carrying out and complying with the management plans;

(h)	to advise the Minister on the application of the principles of ecologically sustainable forest management in the management of —

(i) State forest and timber reserves; and

(ii) forest produce throughout the State;

(i) to advise the Minister on the production and harvesting, on a sustained yield basis, of forest produce throughout the State;

(j)	to inquire into and, subject to subsection (6), to advise the Minister on any matter on which the Minister requests advice;
(k)	to provide advice, upon request, on matters relating to land and waters vested in the Conservation Commission, whether solely or jointly with an associated body, to any body or

Conservation and Land Management Amendment Act 2000

person, if the provision of the advice is in the

public interest and it is practicable for the

Conservation Commission to provide it; and

(l)	with the approval of the Minister, to cause study or research to be undertaken for the purposes of paragraph (c).

(2)	For the purposes of subsection (1)(h) the principles of ecologically sustainable forest management are —

(a)	effectively integrate both long-term and short-

that the decision-making process should equitable considerations;

(b)	that if there are threats of serious or irreversible environmental damage, the lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c)	that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(d)	that the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making; and
(e)	that improved valuation, pricing and incentive mechanisms should be promoted.

(3)

It is declared that the vesting in the Conservation

Commission of State forest, timber reserves, national

parks, conservation parks and nature reserves is only

for the purposes of subsection (1)(c), (d), (e), (f), (g),

(h), (i), (k) and (l) and does not otherwise limit the

functions of the Department under section 33.

Conservation and Land Management Amendment Act 2000

s. 10

(4)	Despite the Land Act 1933, land to which section 5(g) applies that is vested in the Conservation Commission, including the land referred to in section 155, is only
vested within the meaning in subsection (3).
(5)	Despite the Land Administration Act 1997, the placing of the care, control and management of land to which section 5(h) applies with the Conservation Commission is only for the purposes referred to in subsection (3).
(6)	The Conservation Commission shall not advise the Minister on any matter to which this subsection applies unless, before the advice is tendered, it has —

(a)	informed each local government in whose district land directly affected by the advice is situated of the general nature of its proposed advice; and
(b)	afforded the local government a reasonable opportunity to make submissions on its proposed advice.

(7)	Subsection (6) applies to —

(a)	any proposal to establish a new State forest, timber reserve, national park, conservation park or nature reserve or to enter into an agreement under section 16 for the management of land as a State forest, timber reserve, national park, conservation park or nature reserve; and
(b)	any matter to which the Minister, by written direction to the Conservation Commission, applies that subsection.

(8)	Where a matter before the Conservation Commission is relevant to the functions of the Forest Products Commission, the Conservation Commission shall refer that matter to the Forest Products Commission for its comments and advice.

Conservation and Land Management Amendment Act 2000

(9)

Where a matter before the Conservation Commission is relevant to the management of land or waters vested in the Marine Authority, or is otherwise relevant to the

functions of the Marine Authority, the Conservation

Commission shall refer that matter to the Marine

Authority for its comments and advice.

(10) Where —

(a)	the Conservation Commission has provided advice to the Minister which the Minister has requested under subsection (1)(j), or is required by this Act to consider or take into account;
(b)	the advice recommends that the Minister take or refrain from taking specified action; and
(c)	the Minister decides to act otherwise than in accordance with the recommendation,

the Minister is to cause a copy of the advice and the decision to be laid before each House of Parliament within 14 sitting days of that House after the making of

the decision.

20. Powers of Conservation Commission

(1)	The Conservation Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under
this Act.
(2)	Without limiting subsection (1), the Conservation Commission has the power to engage and manage staff.
(3)	The power conferred by subsection (2) —

(a)	includes the power to determine remuneration and other terms and conditions of service of staff, to remove, suspend and discipline staff and to terminate the employment of staff; and

Conservation and Land Management Amendment Act 2000

s. 10

(b)	does not preclude the delegation of any matter under section 26AA.

(4)	The remuneration of and other terms and conditions of employment of staff are —

(a)	not to be less favourable than is provided for in —

(i) an applicable industrial award, order or agreement; or

(ii) the Minimum Conditions of Employment Act 1993;

and

(b)	to be determined after consultation with the Minister for Public Sector Management.

(5)

Nothing in this section affects the operation of the

Workplace Agreements Act 1993 or section 100 of the

Public Sector Management Act 1994.

(6)

Without limiting subsection (1), the Conservation Commission has the rights to take water from land vested in, or land the care, control and management of

which are placed with, the Conservation Commission

that would apply if —

(a)	that land was land alienated from the Crown; and
(b)	the Conservation Commission was the occupier of that land,

within the meaning of the Rights in Water and

Irrigation Act 1914.

(7)	The rights referred to in subsection (6) may be assigned by the Conservation Commission to —

(a)	a member of the Conservation Commission;

Conservation and Land Management Amendment Act 2000

(b)	a member of the staff of the Conservation Commission; or
(c)	the Executive Director or a member of the staff of the Department.

Subdivision 2 — Membership and meetings of Conservation

Commission

21. Membership of Conservation Commission

(1)	The Conservation Commission comprises 9 members appointed by the Governor on the nomination of the Minister.
(2)	Before making a nomination under subsection (1) the Minister is to publish in a daily newspaper circulating throughout the State a notice calling for expressions of interest in appointment to the office of Conservation
Commission member.
(3)	Subject to subsection (4) and section 22, the members are to be persons who, in the opinion of the Minister —

(a)	have knowledge of and experience in —

(i) the conservation or management of biodiversity;

(ii) environmental management, including

the management of the natural

environment for use for recreational

purposes; or

(iii) the sustainable use of natural resources;

(b)	have a particular function or vocational interest relevant to the functions of the Conservation Commission,

Conservation and Land Management Amendment Act 2000

s. 10

and who, in the opinion of the Minister, are able to

make a contribution to the functions of the

Conservation Commission.

(4)	One member is to be a person who, in the opinion of the Minister —

(a)	has knowledge of and experience in Aboriginal cultural and Aboriginal heritage matters relevant to the functions of the Conservation Commission; and
(b)	is able to make a contribution to the functions of the Conservation Commission.

(5)	The Governor is to appoint, on the nomination of the Minister, 2 of the members to be the chairman of the Conservation Commission and the deputy chairman of
the Conservation Commission respectively.

22. Certain person not eligible for appointment

(1)	A person is not eligible to be appointed as, or be, a member of the Conservation Commission if the person —

(a)	holds office as the Executive Director, Director of Forests, Director of National Parks, Director of Nature Conservation or a member of the
staff of the Conservation Commission or the Department;
(b)	holds office as a commissioner, the General Manager or a member of the staff of the Forest Products Commission; or
(c)	has a material personal interest in a production contract or in a company or business that is a party to a production contract.

Conservation and Land Management Amendment Act 2000

(2)

A reference in this section to a person who holds an

office includes a reference to a person who acts in the

office.

(3)

In subsection (1)(c) —

“production contract” has the same meaning as it has

in the Forest Products Act 2000.

23. Entitlement of Executive Director and Directors to attend meetings of Conservation Commission

(1)	Reasonable notice of a meeting of the Conservation Commission is to be given to the Executive Director and, if in the view of the chairman any matter proposed
to be put before the meeting concerns the functions of a Director, to that Director, and no resolution purportedly passed at a meeting is valid unless such notice of the
meeting was duly given.
(2)	For the purposes of subsection (1), the Executive Director is to notify the chairman as to the functions of the Directors and any changes to those functions.
(3)	Subject to subsection (5), the Executive Director, or the Executive Director’s representative, is entitled to attend any meeting and to take part in the consideration and
discussion of any matter before a meeting, but cannot vote on any matter.
(4)	Subject to subsection (5), a Director who receives notice under subsection (1), or that Director’s representative, is entitled to attend the meeting to which the notice applies and to take part in the consideration and discussion of any matter before the meeting that concerns the functions of the Director, but cannot vote on any matter.
(5)	The Conservation Commission may decide to exclude the persons referred to in subsections (3) and (4) (but
*Conservation and Land Management Amendment Act 2000*

s. 10

not some of them only) from a meeting while it is

considering a matter that relates to the functions or

actions of the Department.

(6)	In this section —
“Director” means the Director of Forests, Director of

National Parks or Director of Nature Conservation.

Subdivision 3 — Relationship with the Minister

24. Minister may give directions

(1)

The Minister may give directions in writing to the

Conservation Commission with respect to the exercise

or performance of its functions, either generally or in

relation to a particular matter, and the Conservation

Commission is to give effect to any such direction.

(2)

The text of any direction given under subsection (1) is to be included in the annual report of the Conservation Commission under section 31.

25. Minister to have access to information

(1)	The Minister is entitled —

(a)	to have information in the possession of the Conservation Commission; and
(b)	if the information is in or on a document, to have, and make and retain copies of, that document.

(2)	For the purposes of subsection (1) the Minister may —

(a)	request the Conservation Commission to furnish information to the Minister;
(b)	request the Conservation Commission to give the Minister access to information;
(c)	for the purposes of paragraph (b), make use of staff to obtain the information and furnish it to the Minister.

Conservation and Land Management Amendment Act 2000

(3)	The Conservation Commission is to comply with a request under subsection (2) and make staff and facilities available to the Minister for the purposes of subsection (2)(c).

(4) In this section —

“document” includes any tape, disc or other device or

medium on which information is recorded or

stored;

“information” means information specified, or of a

description specified, by the Minister that relates

to the functions of the Conservation Commission;

“staff” means the staff of the Conservation

Commission or the staff provided by the

Department under section 33(1)(ba).

Subdivision 4 — General

26. Consultants

The Conservation Commission may engage persons

under contracts for services to provide any

professional, technical or other assistance that the

Conservation Commission considers necessary for the

performance of its functions under this Act.

26AA. Delegation

(1)

The Conservation Commission may, by instrument,

delegate the performance of any of its functions except

this power of delegation.

(2)

A delegation under subsection (1) may be made to —

(a)	a member of the Conservation Commission;
(b)	a member of the staff of the Conservation Commission; or
(c)	a member of the staff of the Department provided under section 33(1)(ba).

Conservation and Land Management Amendment Act 2000

s. 10

(3)

A delegate cannot subdelegate the performance of any function unless the delegate is expressly authorized by the instrument to do so.

(4)

A function performed by a delegate of the Commission

is taken to be performed by the Commission.

(5)

A delegate performing a function under this section is

taken to do so in accordance with the terms of the

delegation unless the contrary is shown.

26AB.

Execution of documents

(1)

The Conservation Commission is to have a common

seal.

(2)

A document is duly executed by the Conservation

Commission if —

(a)	the common seal of the Conservation Commission is affixed to it in accordance with subsections (3) and (4); or
(b)	it is signed on behalf of the Conservation Commission by one or more persons authorized to do so under subsection (5).

(3)	The common seal of the Conservation Commission is not to be affixed to any document except as authorized by the Conservation Commission.
(4)	The common seal of the Conservation Commission is to be affixed to a document in the presence of 2 of its members, and each of them is to sign the document to attest that the common seal was so affixed.
(5)	The Conservation Commission may, by writing under its seal, authorize one or more of its members to sign documents on its behalf, either generally or subject to any conditions or restrictions specified in the
authorization.

Conservation and Land Management Amendment Act 2000

(6)

A document purporting to be executed in accordance

with this section is to be presumed to be duly executed

until the contrary is proved.

(7)

A document executed by a person under this section

without the common seal of the Conservation

Commission is not to be regarded as a deed unless the

person executes it as a deed and is authorized under

subsection (5) to do so.

(8)

Where a document is produced bearing a seal

purporting to be the common seal of the Conservation

Commission, it is to be presumed that the seal is the

common seal of the Conservation Commission until the

contrary is proved.

26AC.

Review of Conservation Commission

(1)	The Minister is to carry out a review of the operations and effectiveness of the Conservation Commission as soon as is practicable after the expiration of 5 years
from the commencement of the Conservation and Land Management Amendment Act 2000 and in the course of that review is to have regard to —

(a)	the need for the continuation of the Conservation Commission; and
(b)	any other matters that appear to the Minister to be relevant.

(2)	The Minister is to prepare a report based on the review under subsection (1) and is to cause the report and the review to be laid before each House of Parliament
within six months after the completion of the review.

”.

Conservation and Land Management Amendment Act 2000

s. 11

11. Section 26B amended

Section 26B(7) is amended by deleting “the Authority” in each

place where it occurs and inserting in each place instead —

“ the Conservation Commission ”.

12. Heading to Part III Division 4 amended

The heading to Part III Division 4 is amended by deleting

“Commission, the Authority, the Council,” and inserting

instead —

“ Conservation Commission, ”.

13. Section 27 amended

Section 27 is amended by deleting “Commission, the Authority,

the Council,” and inserting instead —

“ Conservation Commission, ”.

14. Section 30 amended

Section 30 is amended as follows:

(a)	by deleting “An appointed” and inserting instead —

“ A ”;

(b)	by deleting “Public Service Commissioner.” and inserting instead —

“ Minister for Public Sector Management. ”.

15. Section 33 amended

(1)	Section 33(1) is amended as follows:

(a)	in paragraph (b) by deleting “Commission, the Authority, the Council,” and inserting instead —

“ Conservation Commission, ”;

Conservation and Land Management Amendment Act 2000

(b)	after paragraph (b) by inserting the following paragraphs —

“

(ba)

without limiting paragraph (b) or section 20(2),

to provide the Conservation Commission with

any staff and facilities that it may reasonably

require to perform its functions;

(bb)

to enter into a memorandum of understanding with the Forest Products Commission relating to the performance of the Department’s and that

Commission’s respective functions and to any other prescribed matter;

”;

(c)	by deleting paragraph (c);
(d)	after paragraph (ca) by inserting the following paragraphs —

“

(cb)	to use, for the purposes of making improvements to any land to which this Act applies, any forest produce that becomes available for use from the carrying out of —

(i) necessary operations, within the meaning in section 33A(1), on nature reserves;

(ii) compatible operations, within the

meaning in section 33A(2), on national

parks and conservation parks; or

(iii)

provisions of section 56 applicable to

the land, on land vested in, or on land

the care, control and management of

which are placed with, the Conservation

operations, in accordance with the timber reserve or land referred to in section 5(g) or (h);

Conservation and Land Management Amendment Act 2000

s. 15

(cc)	to promote and encourage the planting of trees and other plants for the purposes of the rehabilitation of land or the conservation of biodiversity throughout the State, and to undertake any project or operation relating to the planting of trees or other plants for such a purpose;

”;

(e)	in paragraph (dc) before “to promote” by inserting —

“ subject to paragraph (dd), ”;

(f)	after paragraph (dc) by inserting the following paragraph —

“

(dd)	to develop policies that provide for water to be taken from land referred to in paragraph (a);

”;

(g)	by deleting the full stop at the end of paragraph (g) and inserting a semicolon instead;
(h)	after paragraph (g) by inserting the following paragraph —

“

(h)	to perform any other function prescribed for the purposes of this paragraph.

”.

(2)	After section 33(3) the following subsection is inserted —

“

(4)

A function referred to in paragraph (dc) or (dd) of subsection (1) shall be carried out, where there is a management plan for land to which that paragraph applies, in accordance with that plan and without

limiting the operation of the Rights in Water and

Irrigation Act 1914.

”.

Conservation and Land Management Amendment Act 2000

(3)	Section 33(5) is amended by deleting “Commission, the Authority or the Marine Authority under sections 19, 22” and inserting instead — “

Conservation Commission or the Marine Authority

under sections 19

”.

(4)	After section 33(8) the following subsection is inserted —

“

(9)	A copy of a memorandum of understanding made under subsection (1)(bb) must be tabled in each House of Parliament not later than 14 sitting days of each House from the day on which that memorandum of understanding was executed.

”.

16. Section 33A amended

(1)	Section 33A(1) is amended by deleting “section 33(3)(b)” and inserting instead —
“ section 33(1)(cb)(i) and (3)(b) ”.
(2)	Section 33A(2) is amended by deleting “section 33(3)(b)” and inserting instead —
“ section 33(1)(cb)(ii) and (3)(b) ”.

17. Section 34A amended

Section 34A(1) is amended after “section 33(1)(ca)” by

inserting —

“ or (cc) ”.

Conservation and Land Management Amendment Act 2000

s. 18

18. Section 34B amended

(1)	Section 34B(2) is repealed and the following subsection is inserted instead —

“

(2)	For the purposes of this section a timber sharefarming agreement is an agreement —

(a)	by which the right to harvest a crop of trees on land is acquired by a person through the Executive Director acting as an agent and the right to establish and maintain, or the right to maintain, the crop may be acquired —

(i) by the Executive Director;

(ii) by another person through the Executive Director acting as an agent; or

(iii)

by the Executive Director and by Director acting as an agent;

and

(b)	which provides for rights, obligations and powers relating to —

(i) payment of money or the giving of other consideration by the parties to the agreement; and

(ii) access to the land and, where appropriate, the undertaking of work or the provision of facilities on the land by those parties,

and may provide for rights, obligations and

powers relating to the division of the crop or

the proceeds of the crop between parties to the

agreement (other than the Executive Director).

”.

Conservation and Land Management Amendment Act 2000

(2)	Section 34B(7a) is repealed and the following subsection is inserted instead —

“

(7a)	The Executive Director may exercise rights under or in relation to a timber sharefarming agreement.

”.

19. Section 35 amended

Section 35 is amended as follows:

(a)	before “Any” by inserting the subsection designation “(1)”;
(b)	at the end of the section by inserting the following subsection —

“

(2)	If an arrangement is made under subsection (1) with the Forest Products Commission, the agreed amount by way of payment is not to exceed the full cost to the Department of providing the advice, performing the work or supplying the services or facilities.

”.

20. Section 36 amended

Section 36(2) is repealed.

21. Section 38 amended

After section 38(3) the following subsection is inserted —

“

(4)	In subsection (1) —
“acquiring” has a meaning that accords with the

meaning of “disposing of”;

“disposing of” includes selling, leasing or disposing of

in any other manner that an interest in property

may be disposed of.

”.

Conservation and Land Management Amendment Act 2000

s. 22

22. Section 49 amended

Section 49(a) is amended by deleting “Commission or the

Authority;” and inserting instead —

“ Conservation Commission; ”.

23. Section 53 amended

(1)	Section 53 is amended as follows:

(a)	before “In” by inserting the subsection designation “(1)”;
(b)	by deleting the definition of “controlling body” and inserting the following definition instead —

“

“controlling body” means the Conservation

Commission or the Marine Authority;

”;

(c)	at the end of the definition of “land” by deleting the full stop and inserting a semicolon instead;
(d)	after the definition of “land” by inserting the following definitions —

“

“Minister for Water Resources” means the Minister

to whom the administration of the Water and

Rivers Commission Act 1995 is committed;

“relevant water utility”, in relation to a public water

catchment area, means a public utility that

holds —

(a)

a licence under Part III of the Rights in use or disposal of water from that area; and

(b)	an operating licence under the Water Services Coordination Act 1995.

”.

Conservation and Land Management Amendment Act 2000

(2)	At the end of section 53 the following subsections are inserted —

“

(2)	Anything to be done by the Conservation Commission under this Division in relation to a management plan for land that is State forest or a timber reserve is to be done —

(a)	by the Conservation Commission; or
(b)	by the Conservation Commission through the agency of the Department,

as the case requires, acting jointly with the Forest

Products Commission.

(3)	Anything to be done by the Conservation Commission under this Division in relation to a management plan for land that is or includes a public water catchment area is to be done —

(a)	by the Conservation Commission; or
(b)	by the Conservation Commission through the agency of the Department,

as the case requires, acting jointly with the Water and

Rivers Commission and any relevant water utility.

”.

24. Section 54 amended

Section 54(3) is amended by deleting paragraph (a) and “and”

after that paragraph and inserting instead —

“

(a) by —

(i) the controlling body for that land through the agency of the Department;

Conservation and Land Management Amendment Act 2000

s. 25

(ii) if the land is State forest or a timber reserve, the Conservation Commission through the agency of the Department acting jointly with the Forest Products Commission; or

(iii) if the land is or includes a public water catchment area, the Conservation Commission through the agency of the Department acting jointly with the Water and Rivers Commission and any relevant water utility;

and

”.

25. Section 58 amended

(1)

Section 58 is amended by inserting before “Written” the

subsection designation “(1)”.

(2)

At the end of section 58 the following subsections are

inserted —

“

(2)	If the proposed management plan is for State forest or a timber reserve, the Executive Director shall give a copy of any written submission on the plan to the Forest
Products Commission.
(3)	If the proposed management plan is for land that is or includes a public water catchment area, the Executive Director shall give a copy of any written submission on
the plan to the Water and Rivers Commission and to any relevant water utility.

”.

26. Section 59 amended

(1)

Section 59(5) is amended by deleting “controlling body” and

inserting instead —

“ Marine Authority ”.

Conservation and Land Management Amendment Act 2000

(2)	After section 59(5) the following subsections are inserted —

“

(6)

The Conservation Commission shall submit a proposed management plan for State forest or a timber reserve to the Minister for Forest Products.

(7)

The Conservation Commission shall submit a proposed

management plan for land that is or includes a public

water catchment area to the Minister for Water

Resources.

(8)

If a proposed management plan is relevant to the

functions of the Western Australian Tourism

Commission under the Western Australian Tourism

Commission Act 1983, the controlling body shall

submit the plan to the Minister administering that Act.

”.

27. Section 60 amended

(1)

Section 60(2) is amended by deleting “and (2b)” and inserting

instead —

“ , (2b), (2c) and (2d), ”.

(2)

After section 60(2b) the following subsections are inserted —

“

(2c)	If the Minister for Forest Products has made submissions to the controlling body on a proposed management plan for State forest or a timber reserve, the Minister shall not approve the proposed plan unless —

(a)	the Minister and the Minister for Forest Products —

(i) agree that the proposed plan gives effect to those submissions; or

Conservation and Land Management Amendment Act 2000

s. 27

(ii) having referred the proposed plan to the Governor, agree that it gives effect to the decision of the Governor,

so far as those submissions or the Governor’s

decision relate to —

(iii) the production and yield of forest products;

(iv) the sustainable use of indigenous forest products;

(v) the harvesting of forest products;

(vi) the forest products industry; or

(vii) a proposal under section 17(2) to cancel or amend the purpose of a timber reserve or alter a boundary of a timber reserve;

and

(b)	the Minister and the Minister for Forest Products agree that consideration has been given to those submissions so far as they are about other matters relating to the administration of the Forest Products Act 2000.

(2d)	If the Minister for Water Resources has made submissions to the controlling body on a proposed management plan for land that is or includes a public water catchment area, the Minister shall not approve the proposed plan unless —

(a)	the Minister and the Minister for Water Resources —

(i) agree that the proposed plan gives effect to those submissions; or

(ii) having referred the proposed plan to the Governor, agree that it gives effect to the decision of the Governor,

Conservation and Land Management Amendment Act 2000

so far as those submissions or the Governor’s

decision relate to —

(iii) the maintenance and protection of water resources and the protection of water quality;

(iv) the management of water catchments; or

(v) access to and utilization of water resources;

and

(b)	the Minister and the Minister for Water Resources agree that consideration has been given to those submissions so far as they are about other matters relating to the administration of —

(i) the Country Areas Water Supply Act 1947;

(ii) the Metropolitan Water Supply,

Sewerage, and Drainage Act 1909;

(iii) the Rights in Water and Irrigation Act 1914; and

(iv) the Water Agencies (Powers) Act 1984.

”.

28. Section 62 amended

(1)	Section 62(1) is amended as follows:

(a)	by deleting “a controlling body” and inserting instead —

“ the Conservation Commission ”;

(b)	by deleting “the whole or any part of land that is vested in that controlling body” and inserting instead —

“ any land that is vested in the Conservation Commission ”;

(c)	before “may in like manner” by inserting —

“ , subject to section 62A, ”.

Conservation and Land Management Amendment Act 2000

s. 28

(2)	After section 62(1)(d) the following paragraph is inserted —

“

(da)	a forest conservation area;

”.

(3)

Section 62(1)(f) is amended by deleting “relevant controlling

body” and inserting instead —

“ Conservation Commission ”.

(4)

After section 62(1) the following subsection is inserted —

“

(1aa) “ any ”.

Subject to this section, the Minister may, on the

recommendation of the Minister for Forest Products,

by notice published in the Gazette, classify any land in

State forest or a timber reserve as a forest products

temporary control area and may in like manner amend

or cancel a notice previously so published.

”.

(5)	Section 62(1a) is amended by deleting “the whole or any part of” and inserting instead —
(6)	Section 62(1b) is amended by deleting “the whole or any part of the” and inserting instead —
“ any ”.
(7)	After section 62(1b) the following subsections are inserted —

“

(1ba)

Before making a notice under subsection (1aa), the

Minister shall, unless satisfied that the urgency of the

case requires this subsection to be dispensed with, give

the Conservation Commission an opportunity to make

a submission on the matter, and shall take that

submission into account.

Conservation and Land Management Amendment Act 2000

(1bb) “ (1aa), ”.

For the purposes of section 19(10), a decision under

subsection (1ba) that the urgency of the case requires

the provision of advice by the Conservation

Commission to be dispensed with shall be treated as a

decision to act otherwise than in accordance with a

recommendation.

”.

(8)

Section 62(1e) is amended after “notice under subsection” by

inserting —

(9)

After section 62(2) the following subsection is inserted —

“

(2a)

A classification of land as a forest products temporary control area under subsection (1aa) shall only be made for the purposes of public safety or the safety of

persons engaged in the harvesting or stockpiling of

forest products, or in the construction or maintenance

of roads, under the Forest Products Act 2000, and a

notice of classification —

(a)	shall not have effect for a period exceeding 90 days; but
(b)	may be made more than once for the same purpose and for the same area.

”.

(10)	Section 62(4) is repealed.

29. Section 62A inserted

After section 62 the following section is inserted in Part V —

“

62A.

Amendment and cancellation of forest conservation

area classification

(1)

If the Minister proposes to publish a notice (a

“proposed notice”) under section 62(1)(da) to amend

Conservation and Land Management Amendment Act 2000

s. 30

or cancel a notice that classifies land as a forest

conservation area, the Minister is to cause the proposed

notice to be laid before each House of Parliament.

(2)	Section 42(2), (3) and (5) of the Interpretation Act 1984 apply to a proposed notice laid before each House of Parliament under subsection (1) as if the proposed notice was a regulation, and the notice can only be published under section 62(1)(da) if —

(a)	it has not ceased to have effect; and
(b)	there is no longer any possibility of it ceasing to have effect,

under section 42(2) of that Act as applied by this

subsection.

”.

30. Section 64 amended

Section 64(1) is amended as follows:

(a)	in paragraph (g) after “section 35 for the” by inserting —

“ provision of advice, ”;

(b)	after paragraph (g) by deleting “and” and inserting the following —

“

(ga)	subject to any direction of the Treasurer, moneys received by the Department or the Executive Director, as the case requires, by way of —

(i) payments under section 42(2)(d) of the Forest Products Act 2000; and

(ii) recovery of the costs referred to in section 59(1)(c) and (d) of that Act;

and

”.

Conservation and Land Management Amendment Act 2000

31. Section 87 amended

Section 87(1) is amended as follows:

(a)	after the definition of “Crown land” by inserting the following definition —

“

“forest produce” does not include —

(a)	trees, parts of trees, timber, sawdust, chips, charcoal, gum, kino, resin or sap; or
(b)	firewood to which regulations made under section 128(1)(d)(ix) apply;

”;

(b)	by deleting the definition of “permit”;
(c)	in the definition of “licence” —

(i) after “means” by inserting —

“ , except in section 97A, ”; and

(ii) by deleting the full stop at the end of the definition and inserting a semicolon instead;

(d)	by inserting after the definition of “licence” the following definition —

“

“permit” means, except in section 97A, a permit

described in section 89.

”.

32. Section 87A inserted

After section 87 the following section is inserted —

“

87A.

Restriction on exercise of powers

(1)	Subject to subsection (2), the powers conferred on the Executive Director by this Division are exercisable only —

(a)	with the approval of the Minister;

Conservation and Land Management Amendment Act 2000

s. 32

(b)	in the case of land vested in the Conservation Commission, after consultation with the Conservation Commission;
(c)	in the case of land classified under Division 2 of Part V as a forest conservation area, consistently with any management plan for the land concerned;
(d)	in the case of land in a public water catchment area, consistently with the provisions of the Country Areas Water Supply Act 1947 and the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 relating to the protection of water quality; and
(e)	in conformity with section 33(3).

(2)

In the case of land other than land classified under Division 2 of Part V as a forest conservation area, subsection (1)(a) and (b) do not apply to the grant or

renewal of a permit, licence or lease, or the entering

into or renewal of a contract, under this Division where

the appropriate approval has been given under

paragraph (a) and, if applicable, the appropriate

consultation has taken place under paragraph (b) for —

(a)	the grant under this Division of certain kinds of permits, licences or leases or certain numbers of permits, licences or leases;
(b)	the entering into under this Division of certain kinds of contracts or certain numbers of contracts;
(c)	the renewal, transfer, cancellation or suspension of, or the imposition or variation of terms or conditions attached to, a permit or licence granted, or a contract entered into, under this Division; or

Conservation and Land Management Amendment Act 2000

(d)	the renewal of a lease granted under this Division,

and the permit, licence or lease granted or renewed, or the contract entered into or renewed, is covered by the terms of that approval and, if applicable, that

consultation.

”.

33. Section 92 amended

(1)

Section 92(1), (2), (3) and (4) are amended by deleting

“royalties” and inserting instead —

“ forest produce charges ”.

(2)

Section 92(5) is repealed.

34. Section 95 amended

Section 95(1) and (2) are amended by deleting “royalties,” and

inserting instead —

“ forest produce charges or other ”.

35. Section 96 amended

(1)	Section 96(1), (2) and (3) are repealed.
(2)	Section 96(4) is amended by deleting “this section and to”.
(3)	Section 96(5) is amended by deleting “this section” and inserting instead —
“ subsection (4) ”.

Conservation and Land Management Amendment Act 2000

s. 36

36. Section 97 replaced by sections 97 and 97A

Section 97 is repealed and the following sections are inserted

instead —

“

97. Forest leases

(1)	The Executive Director may grant a lease of land within State forest or a timber reserve for a term not exceeding 21 years on such terms and conditions as the Executive Director thinks fit.
(2)	A lease granted under subsection (1) may include an option or options to renew that lease for a further term or terms not exceeding, in the aggregate, 21 years.
(3)	A lease granted under this section shall be laid before each House of Parliament within 14 sitting days of its execution by all parties to the grant or renewal.
(4)	No compensation shall be payable to a lessee under a forest lease, on the expiration of the lease, for any improvements to the land comprised in the lease; but the lessee shall be entitled, at any time before the expiration of the lease, to remove any buildings or fences erected by the lessee or to dispose of them to an incoming tenant.

97A.

Licences for use of land

(1)

The Executive Director may grant a licence in writing

to any person to enter and use any land to which this

Division applies.

(2)

The Minister, after consultation with the Conservation

Commission and on the recommendation of the

Executive Director, may, by notice published in the

Gazette, declare that a permit is required for the

Conservation and Land Management Amendment Act 2000

carrying on of any activity specified in the notice on

land to which this Division applies.

(3)

The Executive Director may grant to a person a permit

of the kind required by a declaration made under

subsection (2).

(4)

A person shall not, on any land to which this Division

applies, carry on any activity for which a permit is

required by a declaration made under subsection (2)

unless the person is —

(a)	the holder of a permit of the kind required by the declaration; or
(b)	authorized to carry on that activity on the land under this Act or another written law.

Penalty: $4 000.

(5)	Subsections (2) to (4) do not affect the operation of section 128 or 129 or regulations made under either section.
(6)	If a permit is granted under this section that authorizes the removal of water from land to which this Division applies —

(a)	the granting of the permit does not limit the operation of the Rights in Water and Irrigation Act 1914;
(b)	the permit can apply only to land for which there is a management plan in force that provides for water to be taken from the land; and
(c)	the permit cannot authorize an activity to be carried on for the purposes of the removal of water from land unless the activity is consistent

with that management plan.

Conservation and Land Management Amendment Act 2000

s. 37

(7)

The Executive Director may renew the period of

operation of a licence or permit under this section from

time to time, or transfer the authority it confers from

one person to another, or, where its operation relates to

any place, may transfer that operation to another place

of the same kind.

(8)

A licence or permit under this section may be granted,

renewed or transferred subject to such conditions as the

Executive Director thinks fit, and those conditions —

(a)	are to be endorsed on or attached to the licence or permit when granted, renewed or transferred, as the case may be; and
(b)	may be added to, cancelled, suspended and otherwise varied by the Executive Director from time to time during the operation of the

licence or permit.

(9)

The holder of a licence or permit under this section

shall not contravene or fail to comply with any

condition endorsed on or attached to the licence or

permit.

Penalty: $4 000.

(10)

Where the holder of a licence or permit under this

section contravenes or fails to comply with any

condition endorsed on or attached to the licence or

permit, the Executive Director may, by notice in

writing to the holder, cancel the licence or permit or

suspend it for such period as the Executive Director

thinks fit.

”.

37. Section 99 amended

(1)

Section 99(1) is amended by deleting “The” and inserting

instead —

“ Subject to subsection (2), the ”.

Conservation and Land Management Amendment Act 2000

(2)	Section 99(1)(a) is deleted and the following paragraphs are inserted instead —

“

(a)

with the approval of the Minister;

(aa)

in the case of land vested in the Conservation

Commission, after consultation with the

Conservation Commission and, where

applicable, an associated body;

(ab)

in the case of land vested in the Marine

Authority, after consultation with the Marine

Authority;

”.

(3)

Section 99(1)(aa) (as enacted before the commencement of this

section) is amended by deleting the paragraph designation

“(aa)” and inserting the paragraph designation “(ac)” instead.

(4)

Section 99(1) is amended by deleting paragraph (b) and “and”

after that paragraph and inserting instead —

“

(b)

in the case of land for the management of which an agreement is entered into under section 16, consistently with the agreement;

(ba)

in the case of land in a public water catchment

area, consistently with the provisions of the

Country Areas Water Supply Act 1947 and the

Metropolitan Water Supply, Sewerage, and

Drainage Act 1909 relating to the protection of

water quality; and

”.

(5)	Section 99(2) is amended as follows:

(a)	by deleting “Subsection (1)(a) does” and inserting instead —

“ Subsection (1)(a), (aa) and (ab) do ”;

Conservation and Land Management Amendment Act 2000

s. 38

(b)	by deleting “approvals have been given under that paragraph” and inserting instead —

“

approval has been given under paragraph (a) and, if

applicable, the appropriate consultation has taken place

under paragraph (aa) or (ab)

”;

(c)	in paragraph (c), by deleting “for”;
(d)	by deleting “those approvals.” and inserting instead —

“

that approval and, if applicable, that consultation.

”.

38. Section 101 amended

(1)	Section 101(1a) is amended by deleting “on the recommendation of the Authority, the Commission or the Executive Director, as the case requires,” and inserting instead — “

after consultation with the Conservation Commission or the Marine Authority, as the case requires, and on the recommendation of the Executive Director,

”.

(2)	After section 101(1d) the following subsection is inserted —

“

(1e)	If a permit is granted under this section that authorizes the removal of water from land —

(a)	the granting of the permit does not limit the operation of the Rights in Water and Irrigation Act 1914;
(b)	the permit can apply only to land vested in the Conservation Commission for which there is a management plan in force that provides for

water to be taken from the land; and

Conservation and Land Management Amendment Act 2000

(c)	the permit cannot authorize an activity to be carried on for the purposes of the removal of water from land unless the activity is consistent

with the management plan.

”.

39. Section 103 amended

After section 103(2) the following subsections are inserted —

“

(2a)	A person has lawful authority for the purposes of subsection (1) in relation to land that is classified under Division 2 of Part V as a forest conservation area only if the person fells, cuts, injures, destroys, obtains, or removes any forest produce in, on, or from that land in accordance with —

(a)	a written authorization given by the Executive Director; or
(b)	a Part VIII Division 1 authorization.

(2b)	The power of the Executive Director to give an authorization under subsection (2a)(a) is exercisable only —

(a)	consistently with any management plan for the land concerned;
(b)	with the approval of the Minister;
(c)	in the case of land for the management of which an agreement is entered into under section 16, consistently with the agreement; and
(d)	in conformity with section 33(3).

(2c)	In subsection (2a)(b) —

“Part VIII Division 1 authorization” means —

(a)	a contract entered into under section 88(1)(b);

Conservation and Land Management Amendment Act 2000

s. 40

(b)	a permit described in section 89;
(c)	a licence described in section 90; or
(d)	a licence or permit granted under section 97A.

”.

40. Section 107 amended

Section 107 is amended as follows:

(a)	in paragraph (f) by deleting “royalty assessment” and inserting instead —

“ assessment of forest produce charges ”;

(b)	in paragraph (i) by deleting “royalty” and inserting instead —

“ forest produce charge ”;

(c)	in paragraph (j) by deleting “royalties, fees, or charges” and inserting instead —

“ forest produce charges or other charges or fees ”.

41. Section 117 amended

Section 117 is amended as follows:

(a)	by deleting “royalty dues or” and inserting instead —

“ forest produce charges or other ”;

(b)	by deleting “dues and”.

42. Section 118 amended

After section 118(1) the following subsection is inserted —

“

(1a)	The power to seize forest produce under subsection (1) does not apply to things that are forest products that may be seized under section 65 of the Forest Products Act 2000.

”.

Conservation and Land Management Amendment Act 2000

43. Section 119 amended

Section 119 is amended by deleting “royalty, dues, or charges,”

and inserting instead —

“ forest produce charges or other charges or dues ”.

44. Section 127 amended

Section 127(c) is amended as follows:

(a)	by deleting “subject to section 96,”;
(b)	by deleting “charges, and royalties,” and inserting instead —

“ forest produce charges and other charges, ”.

45. Section 128 amended

Section 128(1)(d)(iii) is amended by deleting “royalties” and

inserting instead —

“ forest produce charges ”.

46. Section 130A inserted

After section 130 the following section is inserted in Part X —

“

130A.

Regulations as to rights of holders of mining

tenements to take forest produce

(1)	The regulations may provide for —

(a)	the rights of the holder of a mining tenement to take forest produce from the land comprising the tenement; or
(b)	in the case of mining tenements within the boundaries of State forest or timber reserves, the forest produce charges to be paid for forest produce taken under regulations made under

Conservation and Land Management Amendment Act 2000

s. 47

paragraph (a) and the application and

expenditure of such charges.

(2)	In subsection (1) —
“mining tenement” has the same meaning as it has in

the Mining Act 1978.

”.

47. Section 131A inserted

After section 131 the following section is inserted —

“

131A.

Tabling of Ministerial directions

(1)	The Minister must cause the text of any direction under section 24(1) or 26C(1) to be laid before each House of Parliament, or dealt with under subsection (2), within
14 days after the direction is given.

(2) If —

(a)	at the commencement of the period referred to in subsection (1) a House of Parliament is not sitting; and
(b)	the Minister is of the opinion that that House will not sit during that period,

the Minister is to transmit a copy of the direction to the

Clerk of that House.

(3)	A copy of a direction transmitted to the Clerk of a House is to be regarded —

(a)	as having been laid before that House; and
(b)	as being a document published by order or under the authority of that House.

(4)	The laying of a copy of a direction that is regarded as having occurred under subsection (3)(a) is to be recorded in the Minutes, or Votes and Proceedings, of

Conservation and Land Management Amendment Act 2000

the House on the first sitting day of the House after the

Clerk received the copy.

”.

48. Section 132 amended

Section 132 is amended by deleting “Commission, Authority or

Council,” and inserting instead —

“

Conservation Commission, Marine Authority or Marine

Committee,

”.

49. Schedule amended

(1)	The amendments in this section are to the Schedule.
(2)	The heading is amended by deleting “Commission, the Authority, the Council,” and inserting instead —
“ Conservation Commission, ”.
(3)	Clause 1(1) is amended by deleting “an appointed” and inserting instead —
“ a ”.
(4)	Clause 1(2) is amended by deleting “An appointed” and inserting instead —
“ A ”.
(5)	Clause 2 is amended as follows:

(a)	by deleting “an appointed” and inserting instead —

“ a ”;

(b)	after paragraph (b) by inserting —

“ or ”;

(c)	after paragraph (c) by deleting “; or” and inserting a full stop instead;
(d)	by deleting paragraph (d).

Conservation and Land Management Amendment Act 2000

s. 49

(6)	Clause 3(1) is amended by deleting “or (3)”.
(7)	Clause 3(2) is amended by deleting “an appointed” and inserting instead —
“ a ”.
(8)	Clause 3(3) is repealed.
(9)	Clause 4(2) is amended as follows:

(a)	after paragraph (a) by inserting —

“ or ”;

(b)	by deleting paragraphs (b) and (c) and “or” after paragraph (b) and inserting the following paragraph instead —

“

(b)	any 4 members.

”.

(10)	Clause 4(3) is amended by deleting “, in the case of the Authority, the Council or the Marine Authority,”.
(11)	Clause 4(4)(a) is amended by deleting “(at least one of whom shall be an ex officio member, in the case of a body with ex officio members)”.
(12)	Clause 5A(1) is amended by deleting the subclause designation “(1)” and inserting instead the subclause designation “(1a)”.
(13)	Clause 5A is amended before the first subclause by inserting the following subclause —

“

(1)	The Conservation Commission may from time to time, by resolution, appoint temporary advisory committees of such persons as it thinks fit to advise it on matters relevant to its functions.

”.

Conservation and Land Management Amendment Act 2000

(14)

Clause 5A(2) is amended by deleting “such a committee” and

inserting instead —

“ a committee under subclause (1) or (1a) ”.

(15)

Clause 5A(3) is amended by deleting “Marine Authority,” and

inserting instead —

“

Conservation Commission or Marine Authority, as the case

requires,

”.

50. Various references to “Authority” amended

The provisions mentioned in the Table to this section are

amended by deleting “Authority” in each place where it occurs

(or as otherwise indicated in the Table) and inserting instead —

“ Conservation Commission ”.

Table

section 6(3)(a)	section 7(2a)
section 6(3)(b)	section 7(4) (in second and

section 6(3)(c)

third places only)

section 6(5)(a)	section 59(3)
section 6(5)(b)	section 64(1)(d)
section 6(5)(c)	section 99A(1)
section 7(2)

51. Transitional provisions

Schedule 1 has effect.

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s. 52

52. Consequential amendments

(1)

Schedule V to the Constitution Acts Amendment Act 1899* is

amended in Part 3 by inserting after the item relating to the

Conservation and Environment Council established under the

Environmental Protection Act 1971 —

“

The Conservation Commission of Western Australia

established under the Conservation and Land

Management Act 1984.

”.

[* Reprinted as at 15 April 1999.

For subsequent amendments see Acts Nos. 45 and 53 of 1998 and 5, 8, 26, 34, 38 and 44 of 1999.]

(2)

Schedule 1 to the Financial Administration and Audit Act 1985*

is amended by inserting after the item relating to the

Commissioner of Workplace Agreements the following item —

“ Conservation Commission of Western Australia ”.

[* Reprinted as at 9 July 1999.

For subsequent amendments see Acts Nos. 5, 8 and 38 of

1999 and Gazette 28 January 2000.]

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Transitional provisions

Schedule 1 — Transitional provisions

[s. 51]

1. Definitions

In this Schedule —

“Authority” has the meaning given in section 3 of the CALM Act, as

enacted immediately before the commencement of this Act;

“CALM Act” means the Conservation and Land Management

Act 1984;

“Commission” has the meaning given in section 3 of the CALM Act,

as enacted immediately before the commencement of this Act;

“Conservation Commission” means the Conservation Commission

of Western Australia established by section 18 of the CALM

Act, as amended by this Act;

“Council” has the meaning given in section 3 of the CALM Act, as

enacted immediately before the commencement of this Act;

“Executive Director” has the meaning given in section 3 of the

CALM Act;

“forest produce” has the meaning given in section 3 of the CALM

Act;

“forest products” has the same meaning as it has in the Forest

Products Act;

“Forest Products Act” means the Forest Products Act 2000;

“Forest Products Commission” means the Forest Products

Commission established by the Forest Products Act;

“harvesting” has the same meaning as it has in the Forest Products

Act;

“Minister” means the Minister responsible for the administration of

the CALM Act.

2. Certain contracts under CALM Act for sale of forest products have effect as if entered into by Forest Products Commission

(1)	A contract for the sale of forest produce entered into under section 88(1)(b)(i) of the CALM Act that is in effect immediately

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before the commencement of this Act has effect as if it had been

entered into by the Forest Products Commission instead of the

Executive Director.

(2)	Subclause (1) applies only to the extent that the contract relates to the sale of forest products and to matters associated with that sale.
(3)	The terms and conditions of a contract referred to in subclause (1), including the provisions of Part VIII Division 1 of the CALM Act, continue to have effect, but the Commission may negotiate variations
to the contract to ensure that the provisions of the contract are consistent with the relevant management plan and amendments to the CALM Act that come into operation on the commencement of this Act.
(4)	A contract referred to in subclause (1) has no effect after the relevant management plan has expired.
(5)	The CALM Act, as enacted immediately before the commencement of this Act, continues to have effect on and after that commencement for the purposes of a contract referred to in subclause (1), except that the references in sections 91(2), 92(5)(b), 93, 94(1) and 95(2)(b) of that
Act to the Executive Director are taken to be references to the Forest Products Commission.
(6)	Subclause (5) ceases to apply to a contract referred to in subclause (1) if the contract is varied under subclause (3).

3. Certain contracts under CALM Act for harvesting of forest products have effect as if entered into by the Forest Products Commission

(1)

A contract entered into under section 88(1)(b)(ii) or section 88(1a)

of the CALM Act that is in effect immediately before the

commencement of this Act has effect as if it had been entered into by

the Forest Products Commission instead of the Executive Director.

(2)

Subclause (1) applies only to the extent that the contract relates to the

harvesting of forest products and to matters associated with that

harvesting.

(3)

The terms and conditions of a contract referred to in subclause (1), including the provisions of Part VIII Division 1 of the CALM Act,

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continue to have effect but the Commission may negotiate variations

to the contract to ensure that the provisions of the contract are

consistent with the relevant management plan and amendments to the

CALM Act that come into operation on the commencement of this

Act.

4. Transfer of rights and obligations under certain timber sharefarming agreements under CALM Act

(1)

A timber sharefarming agreement referred to in section 34B of the

CALM Act that is in effect immediately before the commencement of

this Act has effect as if any rights, obligations or powers held by, or

imposed or conferred on, the Executive Director under that agreement

were rights, obligations or powers held by, or imposed or conferred

on, the Forest Products Commission.

(2)

A timber sharefarming agreement referred to in subclause (1) entered into by the Executive Director as agent of another person has effect as if the agreement were entered into by the Forest Products Commission as agent of that person.

5. Transfer of rights and obligations under other agreements

(1)

Subject to clauses 2, 3 and 4, an agreement that is in effect

immediately before the commencement of this Act that provides for

any rights, obligations or powers to be held by, or to be imposed or

conferred on, the Executive Director under the agreement as to the

harvesting, sale or supply of timber or other forest produce has effect

as if the rights, obligations or powers were held by, or imposed or

conferred on, the Forest Products Commission.

(2)

An agreement referred to in subclause (1) entered into by the

Executive Director as agent of another person has effect as if the

agreement were entered into by the Forest Products Commission as

agent of that person.

(3)

Subclauses (1) and (2) apply only to the extent that the agreement

concerned relates to the harvesting, sale or supply of forest products

and to matters associated with that harvesting, sale or supply.

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6. Transfer of positions

(1)	The Minister, by order published in the Gazette within 4 weeks of the commencement of this Act, is to determine the positions, the functions or duties of which related, immediately before the commencement of this Act, to performing duties relating exclusively or primarily to —

(a)	the negotiation, preparation, administration and enforcement of contracts for the sale of things that are forest products;
(b)	the negotiation, preparation, administration and enforcement of contracts under section 88(1a) of the CALM Act in relation to things that are forest products;
(c)	the making of arrangements in relation to timber sharefarming agreements referred to in section 34B of the CALM Act;
(d)	the establishment or maintenance of plantations of forest products, plant nurseries for the production of forest products, or seed or propagation orchards of forest products;
(e)	the undertaking of research into the management and production of forest products in plantations; or
(f)	the undertaking of research into the use of forest products.

(2)	The Minister, by order published in the Gazette within 4 weeks of the commencement of this Act, may determine the positions (other than the positions determined under subclause (1)) —

(a)	the functions or duties of which related, immediately before the commencement of this Act, to the provision of administrative, policy or corporate services for the purposes of the performance of the duties referred to in subclause (1); and
(b)	that the Minister considers appropriate for transfer to the Forest Products Commission.

(3)	On the publication of an order under subclause (1) or (2) a position referred to in the order is transferred to the Forest Products Commission.

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(4)	A person holding a position when it is transferred to the Forest Products Commission is to be regarded as having been engaged under section 39 of the Forest Products Act.
(5)	Except as otherwise agreed by a person referred to in subclause (4), the remuneration, existing or accrued rights (including the right to be employed for an indefinite period in the Public Service), rights under a superannuation scheme or terms, conditions or continuity of service of the person are not affected, prejudiced or interrupted by the operation of subclauses (3) and (4).
(6)	If a person referred to in subclause (4) was a contributor as defined in the Superannuation and Family Benefits Act 1938 immediately before becoming a Commission employee, the person may continue to be a
contributor under that Act after becoming a Commission employee.
(7)	For the purposes of subclause (6), the Forest Products Commission —

(a)	is a department as defined by the Superannuation and Family Benefits Act 1938; and
(b)	is to pay to the Board under that Act payments of the kind described in paragraph (i) of the proviso to the definition of “department” in section 6 of that Act.

(8)	If a transferred employee ceases to be a Commission employee, he or she is entitled to employment as a public service officer in the Department at the same level of classification as he or she held immediately before becoming a Commission employee.
(9)	A person does not have an entitlement under subclause (8) if his or her employment as a Commission employee was terminated, or he or she was dismissed, for substandard performance, breach of discipline or misconduct.
(10)	Subclause (8) does not prevent the subsequent operation of Part 6 of the Public Sector Management Act 1994 in relation to a person who is employed in the Department under an entitlement under subclause (8).
(11)	When a person ceases to be a Commission employee and becomes a public service officer under an entitlement under subclause (8), his or her service as a Commission employee is to be regarded as service in the Public Service for the purposes of determining his or her rights as

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a public service officer and for the purposes of the Superannuation

and Family Benefits Act 1938.

(12)

If no suitable vacancy is available to meet a person’s entitlement

under subclause (8), circumstances attracting the operation of Part 6

of the Public Sector Management Act 1994 are to be regarded as

having arisen in relation to the person.

(13)

In this clause —

“Commission employee” means a member of the staff of the Forest

Products Commission;

“transferred employee” means a person referred to in subclause (4)

who, immediately before becoming a Commission employee,

was employed for an indefinite period in the Public Service.

7. Reserves and other land vested in the Commission or Authority

(1)	The care, control and management of a reserve that, immediately before the commencement of this Act, are placed under the Land Administration Act 1997 with the Commission or the Authority (“the
original placement”) are, on that commencement and by this subclause, placed under that Act with the Conservation Commission subject to any interests or conditions that applied to the original placement.
(2)	The care, control and management of a reserve vested under a written law (other than the CALM Act) in the Commission or the Authority immediately before the commencement of this Act (“the original vesting”) are, on that commencement and by this subclause, placed under the Land Administration Act 1997 with the Conservation Commission subject to any interests or conditions that applied to the original vesting.
(3)	Land that is vested in the Commission under section 7 of the CALM Act immediately before the commencement of this Act (“the original vesting”) is, on that commencement, vested under that section in the Conservation Commission subject to any interests or conditions that applied to the original vesting.
(4)	Land that is vested in the Authority, either solely or jointly with another body or other bodies, under section 7 of the CALM Act immediately before the commencement of this Act (“the original

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vesting”) is, on that commencement, vested under that section in the Conservation Commission, either solely or jointly with another body or other bodies, subject to any interests or conditions that applied to the original vesting.

8. Management plans

A management plan prepared by the Commission or the Authority under Part V of the CALM Act that is in effect immediately before the commencement of this Act has effect as if it had been prepared by

the Conservation Commission under that Part as amended by this Act.

9. Members of Commission, Authority and Council

A person who holds office as a member of the Commission, the

Authority or the Council immediately before the commencement of

this Act ceases to hold that office on that commencement but, subject

to the CALM Act as amended by this Act, is eligible to be appointed

as a member of the Conservation Commission.

10. Certain regulations under CALM Act taken to have been made under Forest Products Act

(1)

Regulations made under the CALM Act to which this subclause

applies that are in effect immediately before the commencement of

this Act have effect as if they had been made under section 70 of the

Forest Products Act.

(2)

Subject to subclause (3), subclause (1) applies to regulations that

relate to —

(a)	the registration of timber workers;
(b)	identification codes for persons who fell trees in State forests or timber reserves;
(c)	log delivery notes;
(d)	the receiving by sawmills of log timber felled in State forests or timber reserves;
(e)	the determination of the quantity of log timber felled in State forests or timber reserves;
(f)	records made of log timber felled in State forests or timber reserves and received at sawmills;

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(g)	the sale by public auction or tender of forest produce;
(h)	the powers of forest officers in relation to forest produce;

(i) the provision of statistical information relating to forest produce taken from State forests or timber reserves;

(j)	the minimizing of damage to, and destruction of, forest produce in State forests or timber reserves caused by the holders of licences, permits or contracts;
(k)	the unauthorized destruction, cutting, injuring or removing of or interfering with seized forest produce;
(l)	the exporting of karri timber;
(m)	the making of false or misleading statements or representations, or the production of forged or counterfeit documents, for the purpose of procuring the registration of a person or an identification code;
(n)	the form and amendment of registers and the obtaining of copies of extracts from registers;
(o)	the provision of information relating to, and copies of, permits, licences or contracts;
(p)	fees; and
(q)	appeals relating to the registration of a person or an identification code.

(3)

If subclause (1) applies to a regulation that relates to forest produce, that subclause only has effect to the extent that the regulation relates to forest products.

(4)

Regulations may be made under Part X of the CALM Act to amend,

repeal or repeal and replace regulations to which subclause (1)

applies.

11. Registration of documents

The Registrar of Titles is to take notice of the provisions of this

Schedule and is empowered to record and register in the appropriate

manner any necessary documents, and otherwise to give effect to this

Schedule.

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Transitional provisions

12. Transitional regulations

(1)

If there is no sufficient provision in this Act for dealing with a

transitional matter, the Governor may make regulations prescribing all

matters that are required, or are necessary or convenient, for dealing

with that transitional matter.

(2)

Regulations made under subclause (1) may have effect before the day

on which they are published in the Gazette.

(3)

To the extent that a regulation made under subclause (1) may have effect before the day of its publication in the Gazette, it does not —

(a)	affect in a manner prejudicial to any person (other than the State, the Executive Director, the Forest Products Commission or the Conservation Commission), the rights of that person existing before the day of its publication; or
(b)	impose liabilities on any person (other than the State, the Executive Director, the Forest Products Commission or the Conservation Commission) in respect of anything done or omitted to be done before the day of its publication.

(4)	In subclause (1) —
“transitional matter” means a matter that needs to be dealt with for

the purpose of effecting the transition from the CALM Act, as

enacted immediately before the commencement of this Act, to —

(a)	the CALM Act as amended by this Act; or
(b)	the Forest Products Act.

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13. Saving

The operation of any provision of this Schedule is not to be

regarded —

(a)	as a breach of contract or confidence or otherwise as a civil wrong;
(b)	as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of property, rights or liabilities or the disclosure of information;
(c)	as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any property, right or liability;
(d)	as causing any contract or other instrument to be void or

otherwise unenforceable; or

(e)	as releasing or allowing the release of any surety.