Conservation and Land Management Amendment Regulations 1993 (WA)

9 February 19931 GOVERNMENT GAZETTE, WA 1097

CONSERVATION AND LAND INIANAGEME NT

CM301

CONSERVATION AND LAND MANAGEMENT ACT 1984

CONSERVATION AND LAND MANAGEMENT AMENDMENT

REGULATIONS 1993

Made by His Excellency the Governor in Executive Council.

Citation

1.     These regulations may be cited as the Conservation and Land

Management Amendment Regulations 1993.

Principal regulations

2. In these regulations the Conservation and Land Management

Regulations 1992* are referred to as the principal regulations.

[4: Published in the Gazette of 20 March 1992 at pp.1246 -50.]

Part 5 inserted

3.     After regulation 9 of the principal regulations the following Part is

inserted —

4t

PART 5— LICENSING OF COMMERCIAL OPERATIONS

Definitions

10.     In this Part —

"land to which this Part applies" means land, or

land and waters, comprising —

(a)	national parks;
(b)	conservation parks;
(c)	nature reserves;
(d)	marine nature reserves;
(e)	marine parks;
(0	land referred to in section 5 (g) of the Act; and

(g) subject to section 130 (2), land which is subject to an agreement under section 16;

"licence" means a licence granted under this Part;

"sell" includes —

(a) barter;

(b)	exchange;
(c)	supply or perform for profit;
(d)	let on hire;
(e)	offer for sale or for letting on hire;
(0	have in possession for sale or for letting on hire; and
(g)	expose for sale or for letting on hire;

1098 GOVERNMENT GAZETTE, WA [9 February 1993

"service" includes the supply of transport,

information, instruction or supervision.

Unlicensed commercial operations

11.     A person shall not, without a licence, sell any goods or

services on land to which this Part applies.

Penalty: $2 000.

Exceptions to regulation 11

12.      Regulation 11 does not apply to a person who —

(a)	sells goods or services on or before 31 July 1993;
(b)	sells goods or services on land to which this Act applies pursuant to a permit, lease or other licence under Division 2 of Part VIII of the Act authorizing that sale of goods or services: or
(c)	who is otherwise authorized under the Act to sell goods or services on land to which this Part applies.

Licence

13.     The Executive Director may grant a licence in writing to

any person to sell goods or services on any land to which this

Part applies.

Application for licence

14.     (1) An application for a licence under this Part shall —

(a)	be made to the Executive Director in a form approved by the Executive Director;
(b)	specify the goods or services the applicant proposes to

sell ; and

(c) be accompanied by the fee specified in item 1 of Schedule 4.

(2) The applicant shall provide the Executive Director with

such further information as the Executive Director requires in

any particular case.

(3) The Executive Director may waive payment of the fee

specified in item 1 of Schedule 4.

Duration of licence

15.     Subject to this Part, a licence is valid for such period, not

exceeding 5 years, as is specified in the licence.

Renewal of licence

16.     (1) The Executive Director may, on payment of the fee

specified in item 2 of Schedule 4, renew the licence of any person

for a further period not exceeding 5 years.

specified in item 2 of Schedule 4. (2) The Executive Director may waive payment of the fee

9 February 19931 GOVERNMENT GAZETTE, WA 1099

Conditions and restrictions

17.

(1) A licence may be granted or renewed subject to such including conditions and restrictions as to —

conditions and restrictions as the Executive Director thinks fit,

(a)	the land to which the licence applies;
(b)	the class or description of goods or services to which the licence applies;
(c)	the payment of any charge in relation to the use of land to which this Part applies and the services and facilities of the Department.
conditions or restrictions, those conditions or restrictions —	(2) Where a licence is granted or renewed subject to
(a)	shall be endorsed upon or attached to the licence when granted or renewed, 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.

comply with any condition or restriction endorsed upon or (3) The holder of a licence shall not contravene or fail to attached to the licence.

Penalty: $1 000.

Production of licence

18. The holder of a licence shall, when required to do so by an

authorized officer, produce for inspection his or her licence to the
officer.

Penalty: $100.

Executive Director may cancel, suspend,

refuse to renew, etc. licence

19.

(1) Subject to this regulation, the Executive Director may any person on the grounds that —

cancel, suspend for any period, or refuse to renew, the licence of

(a)	the person has been convicted of an offence against the Act or these regulations;
(b)	any condition or restriction imposed upon the person's licence has been contravened or has not been complied with; or
(c)	the licence was obtained by fraud or misrepresentation.

(2)

If the Executive Director proposes to cancel, suspend, or refuse to renew the licence of a person, the Executive Director shall give to the person notice in writing of the proposal and the Executive Director's reasons for the proposal.

within 21 days after the notice is given, the person to whom it is (3) A notice given under subregulation (2) shall state that

given may make representations in writing to the Executive Director concerning the matter, and the Executive Director shall not determine the matter without considering any representations received within that period of 21 days.

1100 GOVERNMENT GAZETTE, WA [9 February 1993

(4) If the Executive Director cancels, suspends, or refuses to renew, the licence of a person under this regulation, the Executive Director shall give to the person notice in writing of the cancellation, suspension or refusal to renew.

Return of licence

20. (1) The Executive Director may require the holder of a	licence to return the licence to the Executive Director where the
licence has been cancelled, suspended or has not been renewed.
person by the Executive Director under subregulation (1). (2) A person shall comply with a requirement made of that

PP

Penalty:  $100.

Schedule 4 added

4. After Schedule 3 to the principal regulations the following schedule is

added —

it

SCHEDULE 4

[regulations 14 and 161

COMMERCIAL OPERATOR FEES

1.	Application for licence	50
2.	Application for renewal of licence	50

By His Excellency's Command,

D. G. BLIGHT, Clerk of the Council.