Conservation and Land Management Amendment Regulations 2006 (WA)
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WESTERN 4297 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X |
PERTH, FRIDAY, 29 SEPTEMBER 2006 No. 169 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM
© STATE OF WESTERN AUSTRALIA
CONSERVATION AND LAND MANAGEMENT ACT 1984
_________
CONSERVATION AND LAND
MANAGEMENT AMENDMENT
REGULATIONS 2006
29 September 2006 GOVERNMENT GAZETTE, WA 4299
Western Australia
Conservation and Land Management
Amendment Regulations 2006
CONTENTS
1. Citation
2. Commencement
3. The regulations amended
4. Regulation 2 amended
5. Regulation 3 amended
6. Regulation 4 amended
7. Regulation 5 amended
8. Regulation 6 amended
9. Regulation 12 amended
10. Heading to Part 2 Division 2 amended
11. Regulation 20 amended
12. Regulation 23 amended
13. Regulation 30 amended
14. Regulation 33 amended
15. Regulation 34 amended
16. Regulation 35A inserted
35A. Quarrying, removing or disturbing soil etc. 17. Regulation 37 amended
18. Regulation 39 amended
19. Regulation 40A inserted
40A. Unlawful lighting of fires — only one
conviction20. Regulation 44 amended
21. Regulation 45 amended
22. Regulation 47 replaced
47. Entering CALM land via gates etc. 23. Regulation 48 amended
24. Regulation 49 amended
25. Regulation 51 amended
4300 GOVERNMENT GAZETTE, WA 29 September 2006 Conservation and Land Management Amendment Regulations 2006
Contents
26. Regulation 51A inserted
51A. Bicycles 27. Regulation 52 amended
28. Regulation 54 amended
29. Regulation 56 amended
30. Regulation 59 amended
31. Regulation 61A inserted
61A. Operation of vessels in nature reserves 32. Regulation 62 amended
33. Regulation 64 amended
34. Regulation 67 amended
35. Regulation 68 amended
36. Regulation 69 amended
37. Regulation 71 amended
38. Regulation 76 amended
39. Regulation 78 amended
40. Regulations 79 and 80 amended
41. Regulation 84 amended
42. Regulation 87 amended
43. Heading to Part 8 amended
44. Regulation 99 amended
45. Regulation 99A inserted
99A. Landing fees for tour aircraft — Ibis Aerial
Highway46. Regulation 100A inserted
100A. Entrance fees for Crystal Cave and
Calgardup and Giants Caves47. Regulation 102A inserted
102A. Abseiling fee 48. Regulation 103A inserted
103A. Companion of Companion Card holder 49. Heading to Part 9 inserted
Part 9 — Miscellaneous
50. Regulation 105 amended
51. Regulation 106 amended
52. Regulation 107 replaced
107. Distribution of printed matter and advertising material 53. Regulation 108 amended
54. Regulation 109 amended
29 September 2006 GOVERNMENT GAZETTE, WA 4301 Conservation and Land Management Amendment Regulations 2006
Contents
55. Regulation 111A inserted
111A. Reasons for decisions 56. Schedule 1 amended
Division 2 — Fees for passes providing extended
entrance to CALM land
Division 6 — Camping site fees Division 9 — Fees for abseiling
57. Schedule 2 amended
58. Schedule 3 amended
59. Various references to Executive Director changed to CEO
29 September 2006 GOVERNMENT GAZETTE, WA 4303
Conservation and Land Management Act 1984
Conservation and Land Management
Amendment Regulations 2006
Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.1. Citation
These regulations are the Conservation and Land Management
Amendment Regulations 2006.
2. Commencement
These regulations come into operation on the day on which they
are published in the Gazette.
3. The regulations amended
The amendments in these regulations are to the Conservation
and Land Management Regulations 2002*.[* Published in Gazette 3 May 2002, p. 2233-308. For amendments to 1 September 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 57.]
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4. Regulation 2 amended
Regulation 2 is amended as follows:
(a) by inserting in the appropriate alphabetical positions — “
“aboriginal artefact” means an object to which the
Aboriginal Heritage Act 1972 applies;
“aboriginal site” means a place to which the
Aboriginal Heritage Act 1972 applies;
“bicycle” has the meaning given to that term in the
Road Traffic (Bicycles) Regulations 2002
regulation 3(1);
“commercial purpose” means the purpose of sale for
profit or any other purpose that is directed to
financial gain or reward;
“Companion Card” means a Companion Card issued
by ACROD Limited (ACN 008 445 485);
“concession card” means —
(a) a Seniors’ Card issued by the Office of Seniors’ Interests in this or another State or Territory; or (b) a Pensioner Concession Card issued by Centrelink on the basis of receipt of Aged Pension, Disability Support Pension or Carer Payment; or (c) any concession card issued by the Affairs; or
(d) a Companion Card;
“non-indigenous animal”, in relation to a particular
locality, means an animal that is not indigenous to
that locality;
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“school holidays” means the days between school
terms determined for government schools under
section 117 of the School Education Act 1999;
”;
(b) by deleting the definition of “non-indigenous animal”.
5. Regulation 3 amended
Regulation 3(c) is amended by deleting “Department” and
inserting instead —“ CEO ”.
6. Regulation 4 amended
Regulation 4(3) is amended as follows:
(a)
after paragraph (d) by deleting the full stop and inserting —
“
; or
(e)
in contravention of a direction, or the terms and conditions of an authority (however described), under another written law; or
(f)
where the person doing the act has entered the land upon which the act is done without lawful authority.
”;
(b) after each of paragraphs (a) and (b) by inserting — “ or ”.
7. Regulation 5 amended
(1) Regulation 5(1) is amended by inserting before “60” — “ 51 (vehicles), 51A (bicycles), ”.
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(2) Regulation 5(6) is amended as follows:
(a) by deleting “regulation” in the first place where it occurs and inserting instead — “ provision of these regulations ”;
(b) by deleting “regulation” in the second place where it occurs and inserting instead — “ provision ”.
8. Regulation 6 amended
(1) Regulation 6(1) is amended by inserting after “vessel)” —
“, 33 (abseiling), 51 (vehicles), 51A (bicycles),
61A (vessels on nature reserves)
”.
(2) Regulation 6(6) is amended as follows:
(a) by deleting “regulation” in the first place where it occurs and inserting instead — “ provision of these regulations ”;
(b) by deleting “regulation” in the second place where it occurs and inserting instead — “ provision ”.
9. Regulation 12 amended
(1) After regulation 12(3) the following subregulation is inserted — “
(3a) A person must not, without lawful authority —
(a) discharge a firearm on CALM land; or (b) use a spear, speargun, gidgie or Hawaiian sling in — (i) a restricted area declared for the purposes of regulation 9; or
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(ii) an area classified under section 62(1a) of the Act as a sanctuary area;
or
(c)
use a restricted device on CALM land for taking fauna or in a manner that constitutes a danger to the public.
Penalty: $1 000.
”.
(2) Regulation 12(4) is amended by inserting after “having” — “ or using ”.
Note: The heading to regulation 12 will be altered by deleting “of things used
for taking fauna” and inserting instead “or use of firearms, spears,
restricted devices, etc.”.10. Heading to Part 2 Division 2 amended
The heading to Part 2 Division 2 is amended by deleting
“Non-indigenous animals” and inserting instead —“ Animals on CALM land ”.
11. Regulation 20 amended
Regulation 20 is amended as follows:
(a) by deleting “non-indigenous”; (b) by inserting after “CALM land” — “ in contravention of regulation 15 ”.
Note: The heading to regulation 20 will be altered by deleting
“non-indigenous”.
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12. Regulation 23 amended
After regulation 23(1) the following subregulation is inserted —
“
(1a) Subregulation (1) does not apply to swimming or
bathing in a water course or water body that is not used
for storing water for human consumption.”.
13. Regulation 30 amended
(1) Regulation 30 is amended by inserting before “A person” the
subregulation designation “(1)”.(2) At the end of regulation 30 the following subregulation is
inserted —“
(2) Subregulation (1)(a) does not apply to an individual
who takes water for the personal needs of the
individual or others associated with the individual.”.
14. Regulation 33 amended
Regulation 33 is amended by inserting after “land” —
“ except in a designated area ”.
15. Regulation 34 amended
(1) Regulation 34(2) is amended by deleting “platform,”. (2) After regulation 34(2) the following subregulations are
inserted —“
(3) An authorised officer may direct a person who has
contravened subregulation (1) to pull down, take apart
or remove the structure.
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(4) The person must comply with the direction. Penalty: $2 000. ”.
16. Regulation 35A inserted
After regulation 35 the following regulation is inserted —
“
35A. Quarrying, removing or disturbing soil etc.
(1) A person must not, without lawful authority, disturb or
remove leaf mould, rotting vegetation, humus, soil,
stone or gravel on or in CALM land.Penalty: $2 000. (2) In this regulation — “soil” includes sand, shale, clay and evaporites. ”.
17. Regulation 37 amended
Regulation 37(2) is amended as follows:
(a) by deleting “significant”; (b) by inserting after “sign” — “ , aboriginal site or artefact, ”.
18. Regulation 39 amended
(1) Regulation 39(1) is amended as follows:
(a)
by deleting “light or kindle, or assist another person in lighting or kindling” and inserting instead —
“
light, kindle, maintain or use, or assist another person
in lighting, kindling or maintaining
”;
(b) by deleting paragraph (a).
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(2) Regulation 39(2) is repealed and the following subregulations
are inserted instead —“
(2) A person must not, without lawful authority —
(a)
light, kindle, maintain or use, or assist another person in lighting, kindling or maintaining, any fire within the boundaries or within 20 metres of any boundary of CALM land; or
(b)
leave a fire described in paragraph (a) without taking due precaution against its spreading or causing injury,
if in either case any flora or forest produce is in danger
of being burnt or injured.
Penalty: $2 000.
(3) Subregulation (2) does not apply to a campfire,
barbecue or portable stove on CALM land.(4) Nothing in this regulation affects the application of
section 104 of the Act or regulation 29(2), or section 25
of the Bush Fires Act 1954.”.
19. Regulation 40A inserted
After regulation 40 the following regulation is inserted —
“
40A. Unlawful lighting of fires — only one conviction A person cannot be convicted of more than one offence
arising from the one act or omission that contravenes
2 or more of the following provisions —
(a) section 104(1) of the Act; (b) regulation 29(2);
29 September 2006 GOVERNMENT GAZETTE, WA 4311 Conservation and Land Management Amendment Regulations 2006
r. 20
(c) regulation 39(1); (d) regulation 39(2).
”.
20. Regulation 44 amended
Regulation 44(1) is repealed and the following subregulation is
inserted instead —
“
(1) If the CEO is satisfied that there is a significant and
imminent threat of loss or harm to the safety or health
of persons or fauna, or of damage to property or any
part of the environment, the CEO may direct a named
authorised officer to close as much CALM land as the
officer thinks necessary to reduce or remove the threat.”.
21. Regulation 45 amended
Regulation 45(2) is amended by deleting “referred to in” and
inserting instead —“ of ”.
22. Regulation 47 replaced
Regulation 47 is repealed and the following regulation is
inserted instead —“ 47. Entering CALM land via gates etc.
(1) If an entrance to an area of CALM land (other than
land covered by subregulation (2)) is controlled by a
gate or other barrier a person must not, without lawful
authority, enter or cause a vehicle or animal to enter
that area other than through that gate or barrier.Penalty: $500.
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(2) A person must not, without lawful authority, unlock,
dismantle or break down a locked gate or locked
barrier controlling an entrance to an area of CALM
land.Penalty: $500. (3) A person must not, without lawful authority, open,
remove, dismantle or breakdown a gate or barrier
controlling an entrance to an area of CALM land if it is
clear, by signs on or near the gate or barrier, that the
gate or barrier is not meant to be opened or removed.Penalty: $500. ”.
23. Regulation 48 amended
Regulation 48 is amended by deleting “by the Department” and
inserting instead —“ for the purposes of the CEO ”.
24. Regulation 49 amended
(1) Regulation 49(2) is amended as follows:
(a) by inserting before “fee” — “ appropriate ”;
(b) by deleting “Division 7” and inserting instead — “ Division 8 item 1 ”.
(2) After regulation 49(3) the following subregulation is inserted — “
(3a) If a person who holds a permit to be in a cave notifies
the CEO more than 2 weeks before the period specified
in the permit that the person is not going to use the
permit, the CEO may refund the fee for the permit.”.
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25. Regulation 51 amended
(1) Regulation 51(1) is amended by inserting after “road” — “ or in a designated area ”. (2) Regulation 51(2) and (3) are repealed and the following
subregulations are inserted instead —“
(2) Subregulation (1) does not apply in respect of a road
that is in a restricted area.(3) A person must not, without lawful authority, on a road
that is in a restricted area —
(a)
drive or use a vehicle if that activity is prohibited in the area under regulation 5; or
(b)
contravene a restriction imposed on driving or using a vehicle in the area under regulation 5.
Penalty: $2 000.
”.
26. Regulation 51A inserted
After regulation 51 the following regulation is inserted —
“
51A. Bicycles
(1) A person must not, without lawful authority, ride a
bicycle on CALM land other than on a road or bicycle
path or in a designated area.Penalty: $500. (2) Subregulation (1) does not apply in respect of a road
that is in a restricted area.
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(3) A person must not, without lawful authority, on a road
that is in a restricted area —
(a)
ride a bicycle if that activity is prohibited in the area under regulation 5; or
(b)
contravene a restriction imposed on riding a bicycle in the area under regulation 5.
Penalty: $1 000.
(4) In this regulation — “bicycle path” means a path, or length of a path, at both ends of which are signs indicating that
persons may ride bicycles on the path or the lengthbetween those signs.
”.
27. Regulation 52 amended
(1) Regulation 52 is amended by inserting before “A person” the
subregulation designation “(1)”.(2) At the end of regulation 52 the following subregulation is
inserted —“
(2)
Subregulation (1) does not apply to private land (as defined in the Control of Vehicles (Off-road Areas) Act 1978) or permitted areas (as defined in that Act).
”.
28. Regulation 54 amended
Regulation 54(2) is amended in the penalty by deleting “$500”
and inserting instead —“ $1 000 ”.
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29. Regulation 56 amended
Regulation 56(5) amended as follows:
(a) in paragraph (a) by deleting “40 cents” and inserting instead — “ $1.00 ”;
(b) in paragraph (b) by deleting “$3.00” and inserting instead — “ $5.00 ”.
30. Regulation 59 amended
Regulation 59(5) is amended as follows:
(a) by inserting after “to a mooring” — “ , or secured to a vessel that is secured to a mooring, ”;
(b) by inserting after “that mooring” — “ or that vessel ”.
31. Regulation 61A inserted
After regulation 61 the following regulation is inserted —
“
61A. Operation of vessels in nature reserves A person must not, without lawful authority, operate a vessel in a nature reserve, except in a designated area of the reserve.
Penalty: $1 000. ”.
32. Regulation 62 amended
(1) Regulation 62 is amended as follows:
(a)
by inserting before “A person” the subregulation designation “(1)”;
(b) in paragraph (b) by deleting “nuisance or”;
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(c) by deleting paragraph (c); (d) in paragraph (e) by deleting “, harm or disturb” and inserting instead — “ or harm ”.
(2) At the end of regulation 62 the following subregulation is
inserted —“
(2) A person must not navigate a vessel on waters on
CALM land in such a manner as to —
(a)
cause nuisance to any person or to any other vessel; or
(b)
obstruct, impede or otherwise interfere with any other vessel; or
(c) disturb any fauna.
Penalty: $500.
”.
33. Regulation 64 amended
After regulation 64(2) the following penalty is inserted —
“Penalty: $1 000.
”.
34. Regulation 67 amended
Regulation 67(1) is amended after paragraph (b) by deleting the
comma and inserting —“
; or
(c)
is occupying a site in a camping area during the school holidays and has occupied that site for more than 14 consecutive days (whether or not
29 September 2006 GOVERNMENT GAZETTE, WA 4317 Conservation and Land Management Amendment Regulations 2006
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all of those days occur during the school
holidays); or
(d)
is occupying a site in a camping area and, in the opinion of the authorised officer, has contravened a provision of the Act or these regulations; or
(e)
is occupying a site in a camping area and, in the opinion of the authorised officer, is causing or has caused damage to the camping area,
”.
35. Regulation 68 amended
Regulation 68 is amended by inserting after “ranger” —
“ or wildlife officer ”.
36. Regulation 69 amended
Regulation 69(1) amended as follows:
(a) after paragraph (a) by inserting “or”; (b) after paragraph (b) by deleting “; or” and inserting a full stop; (c) by deleting paragraph (c).
37. Regulation 71 amended
(1) Regulation 71(1)(b) is amended by deleting “designated”. (2) After regulation 71(2) the following subregulation is inserted — “
(2a) If —
(a)
a person collects firewood from the immediate vicinity of a camping area on CALM land; and
(b)
the firewood is intended for use on a campfire or barbecue in the area; and
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(c)
there are no signs authorising the collection of firewood; and
(d)
the person is not otherwise authorised to collect the firewood,
the person commits an offence.
Penalty: $200.”.
38. Regulation 76 amended
Regulation 76(2) is amended by deleting “on the CALM land”
and inserting instead —“ at a place on the CALM land specified by the officer ”.
39. Regulation 78 amended
(1) Regulation 78(1) is amended as follows:
(a) by deleting “A conservation and land management” and inserting instead — “ An authorised ”;
(b) by inserting before “request” — “ order or ”.
(2) After regulation 78(1) the following subregulation is inserted — “
(1a) A person must comply with an order given to the
person under subregulation (1).Penalty: $500. ”.
(3) Regulation 78(2) is amended as follows:
(a) in paragraph (a) by deleting “a request” and inserting instead — “ an order or request ”;
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(b) in paragraph (a) by deleting “conservation and land management” and inserting instead — “ authorised ”.
Note: The heading to regulation 78 will be altered by deleting “Conservation
and land management” and inserting instead “Authorised”.
40. Regulations 79 and 80 amended
(1) Regulations 79(1) and (2) and 80(1) are amended by deleting “a
conservation and land management” and inserting instead —“ an authorised ”. (2) Regulation 79(3) is amended by deleting “the conservation and
land management” and inserting instead —“ the authorised ”. 41. Regulation 84 amended
Regulation 84(1) is amended by deleting “subregulations (2)
and (3)” and inserting instead —“ subregulation (2) ”.
42. Regulation 87 amended
Regulation 87(1) is amended by deleting “Executive Director’s”
and inserting instead —“ CEO’s ”.
43. Heading to Part 8 amended
The heading to Part 8 is amended by deleting “Miscellaneous”
and inserting instead —“ Fees ”.
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44. Regulation 99 amended
(1) Regulation 99(4) is repealed and the following subregulation is
inserted instead —“
(4) A person is not liable to pay a fee under this regulation
for entry in a non-tour motor vehicle to an area of
CALM land if that person has —
(a) paid the fee prescribed in Schedule 1 Division 2 that area at the relevant time and complied with any conditions on entry set out in that Division for that fee; or
(b)
been otherwise authorised by the CEO to enter that area.
”.
(2) After regulation 99(5) the following subregulation is inserted — “
(6) This regulation does not apply to aircraft. ”.
Note: The heading to regulation 99 will be altered by adding at the end
“for motor vehicles”.
45. Regulation 99A inserted
After regulation 99 the following regulation is inserted —
“
99A. Landing fees for tour aircraft — Ibis Aerial
Highway
(1) The fee specified in Schedule 1 Division 1 item 7 is
payable daily per occupant of a tour aircraft, other than
the pilot and crew of the tour aircraft, that lands on an
aircraft landing area that is —
(a) in Windjana Gorge National Park; or
29 September 2006 GOVERNMENT GAZETTE, WA 4321 Conservation and Land Management Amendment Regulations 2006
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(b) at Bell Creek Homestead; or (c) at Mt. Hart Homestead.
(2) The operator of the aircraft is liable to pay the fee for
every occupant of the aircraft.(3) The operator must pay the fee for which the operator is
liable.Penalty: $1 000. (4) In this regulation and Schedule 1 — “tour aircraft” means an aircraft operating under a
commercial operations licence.
”.
46. Regulation 100A inserted
After regulation 100 the following regulation is inserted —
“
100A. Entrance fees for Crystal Cave and Calgardup and
Giants Caves
(1)
The relevant fee specified in Schedule 1 Division 7 item 1 is payable by a person entering Crystal Cave, Yanchep National Park.
(2)
The relevant fee specified in Schedule 1 Division 7 item 2 is payable by a person entering Calgardup or Giants Caves, Leeuwin-Naturaliste National Park.
(3) The CEO is to erect signs at the entrance to each of the
caves —
(a)
specifying the fees payable under this regulation; and
(b)
specifying the manner in which the fees are to be paid.
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(4)
A person must pay, in the manner specified on a sign under subregulation (3)(b), a fee for which the person is liable under this regulation.
Penalty: $200. ”.
47. Regulation 102A inserted
After regulation 102 the following regulation is inserted —
“
102A. Abseiling fee
(1) Subject to subregulation (2), a person who intends to
abseil in a designated abseiling area during a particular
half-day, or day in the case of Willyabrup Cliffs, is
liable to pay the relevant fee specified in Schedule 1
Division 9 in respect of the half-day or day.(2) Fees are not payable under this regulation unless the
CEO has erected a sign at the abseiling area —
(a) stating that fees are payable for abseiling; and (b) specifying the fees that are payable; and (c)
specifying the manner in which the fees are to be paid.
(3) A person must pay, in the manner specified in a sign
under subregulation (2)(c), the fee for which the person
is liable under this regulation.Penalty: $200. (4) If a person, who has paid the relevant fee in advance,
notifies the CEO more than 2 weeks before the
half-day, or day, in respect of which the fee was paid
that the person is not going to abseil on that half-day,
or day, in the area in respect of which the fee was paid,
the CEO may refund the fee.
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(5) In this regulation — “designated abseiling area” means an area designated under regulation 6 for the purposes of
regulation 33.
”.
48. Regulation 103A inserted
After regulation 103 the following regulation is inserted —
“
103A. Companion of Companion Card holder Despite anything in this Part, a person need not pay a fee under this Part to enter a place or do a thing if —
(a)
the person is, at the time of entering the place or doing the thing, the companion of a person who holds a Companion Card; and
(b)
the person who holds the Companion Card is entitled to pay a concession fee to enter the place or do the thing.
”.
49. Heading to Part 9 inserted
After regulation 104 the following heading is inserted —
“ Part 9 — Miscellaneous
”.
50. Regulation 105 amended
(1) Regulation 105 is amended by inserting before “A person” the
subregulation designation “(1)”.
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(2) At the end of regulation 105 the following subregulation is
inserted —“
(2) The CEO cannot refuse to authorise a person for the
purposes of subregulation (1) except on grounds
relating to the adverse effects of the meeting, function
or event on the environment or other users of the land.”.
51. Regulation 106 amended
(1) Regulation 106 is amended by inserting before “A person” the
subregulation designation “(1)”.(2) At the end of regulation 106 the following subregulation is
inserted —“
(2)
A person must not advertise that the person is willing to sell any goods or services, or that the person carries on or will carry on a business, on CALM land unless
the person has lawful authority to sell the goods or
services, or carry on the business, on the CALM land.Penalty: $2 000. ”.
52. Regulation 107 replaced
Regulation 107 is repealed and the following regulation is
inserted instead —“ 107. Distribution of printed matter and advertising material
A person must not, without lawful authority, on CALM
land —
(a)
sell or distribute or carry or expose for sale any printed or written matter; or
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(b)
distribute any printed or written matter for a commercial purpose; or
(c)
advertise or promote any product, service or event for a commercial purpose.
Penalty: $500.
”.
53. Regulation 108 amended
Regulation 108 is amended as follows:
(a) in paragraph (a) by deleting “advertising or promotional” and inserting instead — “ commercial ”;
(b) in paragraph (b) by deleting “advertising, promotional or”.
54. Regulation 109 amended
Regulation 109 is amended as follows:
(a) by deleting “person” and inserting instead — “ officer ”;
(b)
by deleting “inspection as soon as is practicable.” and inserting instead —
“
inspection —
(a)
if it is a condition of the licence, permit, authorisation or pass that the holder produce the licence, permit, authorisation or pass upon demand of an authorised officer — at the time of the request; or
(b)
if paragraph (a) does not apply — as soon as is practicable.
”.
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55. Regulation 111A inserted
After regulation 111 the following regulation is inserted —
“
111A. Reasons for decisions
(1) A person aggrieved by a decision of the CEO under
these regulations may apply to the CEO for reasons for
the decision.(2) The CEO must give the reasons for the decision to the
person.”.
56. Schedule 1 amended
(1) Schedule 1 is amended by deleting “[r. 49, 83, 92, 97, 99, 100,
101, 102, 103]” and inserting instead —“ [r. 49, 83, 92, 97, 99, 99A, 100, 100A, 101, 102, 102A, 103] ”. (2) Schedule 1 Division 1 is amended as follows:
(a) in item 1 by deleting “3.00” and inserting instead — “ 5.00 ”;
(b) in item 2 by deleting “9.00” and inserting instead — “ 10.00 ”;
(c) in items 3 and 4 by deleting “3.40” and inserting instead — “ 4.00 ”;
(d)
items 5 and 6 are deleted and the following items are inserted instead —
“
5. *Daily entrance concession fee for non-tour motor
vehicle if the driver holds a concession card 5.00
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6. *Daily entrance concession fee for occupant of tour
vehicle if the occupant holds a concession card
(except where tour vehicle is operating for profit) 1.50 7. Daily landing fee for each occupant (6 years of age or
older) of a tour aircraft 11.00 ”.
(3) Schedule 1 Division 2 is repealed and the following Division is
inserted instead —
“
Division 2 — Fees for passes providing extended entrance to
CALM land
$
1.
For an annual pass for a non-tour motor vehicle with up to 8 occupants to all CALM land where an entrance fee is charged
75.00
2. For an annual concession pass for a non-tour motor vehicle with up to 8 occupants to all CALM land where an entrance fee is charged 50.00 Conditions on entry: the driver holds a concession card 3.
For a 4 week pass for a non-tour motor vehicle with up to 8 occupants to all CALM land where an entrance fee is charged
35.00
4. For an annual pass for a non-tour vehicle with up to any one of the following groups of national parks, conservation parks and reserves —
(a) Walyunga and Avon Valley (b) Gloucester, Warren, Beedelup, Shannon and D’Entrecasteaux (c) Stirling Range and Porongurup (d) Stokes, Cape Le Grand and Cape Arid (e) Karijini and Millstream-Chichester (f) Fitzgerald River and either Stirling choose)
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$
(g) Mirima and Purnululu (h) Windjana, King Leopold Range and Tunnel
Creek 20.00 5. For an annual pass for a non-tour motor vehicle with up to 8 occupants to all CALM land where an entrance fee is charged and an annual subscription to the magazine
“Landscope” 100.00 ”.
(4) Schedule 1 Division 3 is amended as follows:
(a) in item 1 by deleting “6.00” and inserting instead — “ 8.00 ”;
(b) in item 2 by deleting “2.50” and inserting instead — “ 4.00 ”;
(c) in item 3 by deleting “14.00” and inserting instead — “ 22.00 ”;
(d) by inserting after item 3 —
“
4. For holder of a concession card 6.00 ”.
(5) Schedule 1 Division 4 is amended as follows:
(a) in item 1 by deleting “20.00” and inserting instead — “ 25.00 ”;
(b) in item 2 by deleting “2.50” and inserting instead — “ 5.00 ”;
(c) by inserting after item 2 —
“
3. For holder of a concession card 20.00 ”.
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(6) Schedule 1 Division 6 is repealed and the following Division is
inserted instead —
“
Division 6 — Camping site fees
Fee per night
$
1. Fee for site with no ablutions or showers —
each person 16 years of age or over 6.50 each person 16 years of age or over who holds a
concession card 4.50
each person of more than 5 and less than 16 years
of age 2.00 2. Fee for site with facilities including ablutions or showers —
each person 16 years of age or over 7.50 each person 16 years of age or over who holds a
concession card 5.50
each person of more than 5 and less than 16 years
of age 2.00 3. Fee for site in Windjana Gorge National Park, Purnululu National Park or King Leopold Range Conservation Park —
each person 16 years of age or over 10.00 each person of more than 5 and less than 16 years
of age 2.00 ”.
(7) Schedule 1 Division 7 is amended by deleting items 1 and 2 and
inserting the following items instead —“
1. Crystal Cave, Yanchep National Park —
each person 16 years of age or over 6.50 each person of more than 5 and less than 16 years of
age 3.50
a family (2 adults and 2 children of more than 5 and
less than 16 years of age) 15.50
each person who holds a concession card 5.00
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2. Calgardup and Giants Caves, Leeuwin-Naturaliste National Park —
each person 16 years of age or over 12.00 each person of more than 5 and less than 16 years of
age 6.00
a family (2 adults and 2 children of more than 5 and
less than 16 years of age) 35.00
each person who holds a concession card 10.00 ”.
(8) Schedule 1 Division 8 item 1 is deleted and the following item
is inserted instead —
“
1. Application for cave permit per person per half-day
(r. 49) 4.00 ”.
(9) After Schedule 1 Division 8 the following Division is
inserted —
“
Division 9 — Fees for abseiling
$
1. Fee for abseiling other than at Willyabrup Cliffs (r. 102A)
per person per half-day 6.00 2. Fee for abseiling at Willyabrup Cliffs (r. 102A)
per person per day or part day 6.00 ”.
57. Schedule 2 amended
(1) After Schedule 2 Division 1 item 1 the following items are
inserted —
“
2. 103(1) Unlawful taking of forest
produce 200
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3. 106 Unlawful occupation of
land 200 4. 107(b) Unlawfully altering signs
etc. 200 5. 107(c)
Damaging buildings etc. 200 6. 107(d)
Destroying dams etc. 200 7. 107(i) Removing forest produce
without paying 200 ”.
(2) Schedule 2 Division 2 is amended as follows:
(a) in item 2 by deleting “or classified”; (b) in item 13 by deleting “restricted” and inserting instead — “ designated ”;
(c) in item 30 by deleting “39(1)” and inserting instead — “ 39(1) or (2) ”;
(d) in item 30 by deleting “campfire” and inserting instead — “ fires ”;
(e) in item 32 by deleting “41” and inserting instead — “ 41(1) or (2) ”;
(f) by deleting items 36 and 37; (g) in item 73 by deleting “105” and inserting instead — “ 105(1) ”;
(h) in item 74 by deleting “106” and inserting instead — “ 106(1) ”;
(i) by inserting the following items in the appropriate numerical positions —
“
6a. 12(3a) Unauthorised use of
firearm, spear gun etc. 200
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25a. 34(1) Unauthorised structure 200 25b. 34(4) Failing to comply with direction to pull down etc. unauthorised structure 200 25c. 35A(1) Quarrying, removing or disturbing soil etc. 200 36. 47(1) Failing to enter through gate or barrier 50 37. 47(2) Unlawfully unlocking etc. gate or barrier 50 37a. 47(3) Unlawfully removing etc. gate or barrier 50 40a. 50 Unlawfully organising cross country events etc. 100 41a. 51(3) Unlawfully driving or using vehicle in restricted area 200 41b. 51A(1) Unlawfully riding a bicycle on CALM land 50 41c. 51A(3) Unlawfully riding a bicycle in restricted area 100 42a. 53 Unlawfully organising car rallies etc. 200 47a. 59(1) Unlawfully mooring vessel 200 51a. 61A Unlawful operation of vessels in nature reserves 100 51b. 62(1) Unsafe navigation of vessels 50 53a. 64(2) Launching etc. vessel in restricted area — contravention of restriction
100
54a. 65(1) Unlawful landing of aircraft etc. 100
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64a. 71(2a) Unlawfully collecting
firewood for campfire 20 64b. 73(2) Failing to comply with
signs 50 66a. 78(1a) Failing to comply with order to remove
unauthorised property 50 69a. 99A(3) Failing to pay landing fee
for tour aircraft 100 70a. 100A(4)
Failing to pay entrance fee 35 71a. 102A(4) Failing to pay abseiling
fee 35 74a. 106(2) Advertising goods or
services or a business 200 ”.
58. Schedule 3 amended
(1) Schedule 3 Form 1 is amended as follows:
(a) by deleting “Executive Director” in both places where it occurs and inserting instead — “ Chief Executive Officer ”;
(b) by deleting “Department of Conservation and Land Management” in both places where it occurs and inserting instead — “ Department of Environment and Conservation ”.
(2) Schedule 3 Form 2 is amended as follows:
(a) by deleting “Executive Director” and inserting instead — “ Chief Executive Officer ”;
(b) by deleting “Department of Conservation and Land Management” and inserting instead — “ Department of Environment and Conservation ”.
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59. Various references to Executive Director changed to CEO
Each provision listed in the Table to this regulation is amended by deleting “Executive Director” in each place where it occurs and inserting instead —
“ CEO ”.
Table
r. 2 defn of “sign” r. 88(1) and (2) r. 4(1) and (2) r. 89 r. 5(1), (3) and (4) r. 92 r. 6(1), (3) and (4) r. 93(1), (2) and (4)(b) r. 24(1) r. 94(1) and (2) r. 37(3) r. 97 r. 44(2) and (3) r. 98(1) and (2) r. 49(2) r. 99(3) r. 80(1) r. 100(3) r. 83(1) and (2) r. 102(b) r. 84(1) r. 103(3) r. 85(2) r. 104 r. 86(1) r. 111 r. 87(1), (2) and (4) Note: The heading to regulation 86 will be altered by deleting “Executive
Director” and inserting instead “CEO”.
By Command of the Lieutenant-Governor and deputy of the Governor,
G. M. PIKE, Clerk of the Executive Council.
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!200600169GG!
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