Conservation and Land Management Amendment Regulations 2012 (WA)
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CO301*
Conservation and Land Management Act 1984
Conservation and Land Management
Amendment Regulations 2012
Made by the Governor in Executive Council.
1. Citation
These regulations are the Conservation and Land Management
Amendment Regulations 2012.
7 December 2012 GOVERNMENT GAZETTE, WA 5965 2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day on which the Conservation Legislation Amendment Act 2011 section 40 comes into operation. 3. Regulations amended
These regulations amend the Conservation and Land
Management Regulations 2002.4. Regulation 3 amended
(1) In regulation 3 delete “Unless” and insert: (1) Unless (2) Delete regulation 3(b) and (c) and insert:
(b)
subject to section 130(2) of the Act, section 8A land; and
(c)
subject to subregulation (2), section 8C land; and
(3) At the end of regulation 3 insert:
(2) If the Governor, by order under section 8C(2)(b), has specified the CEO’s functions in relation to managing any section 8C land, a regulation does not apply to the land unless it prescribes a matter that is consistent with the functions that the CEO has in respect of the land. 5. Regulation 41 amended
In regulation 41:
(a) in paragraph (b) delete “control area; or” and insert: control area for a purpose referred to in section 62(2)(a)(i) or (ii) of the Act; or
(b) after paragraph (b) insert:
(ca) under section 62(1)(d) of the Act as a
temporary control area for a purpose referred to
in section 62(2)(a)(iii) of the Act; or
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(c) in paragraph (c) delete “area; or” and insert: area.
(d) delete paragraph (d). 6. Regulation 42 replaced
Delete regulation 42 and insert:
42. Access to limited access areas
A person must not, without lawful authority, enter
otherwise than on foot or by vessel any land classified
under section 62(1)(c) of the Act as a limited access
area.Penalty: a fine of $2 000.
7. Part 10 heading inserted
After regulation 113 insert:
Part 10 — Exclusion of operation of
section 103A(3)
8. Regulations 114, 115 and 116 replaced
Delete regulations 114, 115 and 116 and insert:
114. Terms used
In this Part —
recreational land means CALM land that is, or is
within 500 m of, any of the following —
(a)
a car park, including any area where signs direct vehicles to be parked or that is predominantly used for parking vehicles;
(b) a sealed road;
(c) a camping area;(d) a visitor area;
townsite has the meaning given in the Land
Administration Act 1997 section 26(1);urban land means land within the metropolitan region as defined in the Planning and Development Act 2005 section 4(1), the Peel Region described in Schedule 4 to that Act or the local government district of Bunbury;
7 December 2012 GOVERNMENT GAZETTE, WA 5967 visitor area includes any of the following —
(a) an area of cultivated lawn; (b) an area signposted as a picnic area; (c) an area signposted as an historical, natural or cultural point of interest; (d) an area where any of the following have been provided for visitors — (i) tables and seating;
(ii) a lookout or platform;
(iii) a toilet facility;
(iv) a rubbish bin;
(v) interpretive information;(vi) any building, facility or other erected or constructed thing,
but does not include a walk trail or unsealed
road.115. Exclusion of operation of section 103A(3) of the Act: animals
(1) In this regulation — poison risk area means an area shown on a poison risk
map in which poison baits to control vertebrates may
be present;poison risk map means a map produced by the
Department that —
(a) shows poison risk areas; and (b)
is available for inspection by the public during normal office hours at each district office of the Department nearest to a poison risk area.
(2) The operation of section 103A(3) of the Act is
excluded in relation to bringing an animal on to CALM
land contrary to regulation 15(a) if —
(a)
the animal is brought on to the land without the written permission of the CEO; and
(b) the land is in a poison risk area.
(3) The operation of section 103A(3) of the Act is
excluded in relation to bringing an animal on to CALM
land contrary to regulation 15(a) if —
(a) the animal is brought on to the land without the written permission of the CEO; and (b) the animal is not kept in a vehicle while on the land; and (c) the land is — (i) recreational land or urban land; or
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(ii) in a townsite; or
(iii) in Tunnel Creek National Park (Reserve No. 26890), Geikie Gorge National Park (Reserve No. 28401), or Marlgu
Billabong and Telegraph Hill in Parry
Lagoons Nature Reserve (Reserve
No. 42155).116. Exclusion of operation of section 103A(3) of the Act: vehicles
(1) The operation of section 103A(3) of the Act is
excluded in relation to driving or riding a vehicle
contrary to regulation 51(1) if the vehicle is driven or
ridden without the written permission of the CEO —
(a) on recreational land or urban land; or (b) in a townsite; or
(c) in Boonanaring Nature Reserve (Reserve No. 41805), Drummond Nature Reserve (Reserve No. 42808) or Moore River Nature Reserve (Reserve No. 41830).
(2) The operation of section 103A(3) of the Act is
excluded in relation to driving or riding a vehicle
contrary to regulation 51(3)(a) if the vehicle is so
driven or ridden without the written permission of the
CEO.117. Exclusion of operation of section 103A(3) of the Act: vessel
The operation of section 103A(3) of the Act is
excluded in relation to navigating a vessel contrary to
regulation 61(a) or 64(1)(c) or (2)(c) if the vessel is so
navigated without the written permission of the CEO.118. Exclusion of operation of section 103A(3) of the Act: fire
(1) The operation of section 103A(3) of the Act is
excluded in relation to lighting or kindling a fire
contrary to section 104(1) of the Act or
regulation 39(2) if the fire is lit or kindled without the
written permission of the CEO on or in any of the
following —(a) recreational land;
(b) a townsite;
(c)
Moore River Nature Reserve (Reserve No. 41830);
(d) urban land.
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(2) In subregulation (1)(d) — urban land does not include land in —
(a)
Avon Valley National Park (Reserve No. 30192);
(b) Dwellingup State Forest (State Forest 14); (c) Lane Poole Reserve (Reserve No. 39827); (d) Jarrahdale State Forest (State Forest 22); (e) Moore River State Forest (State Forest 65); (f) Walyunga National Park (Reserve No. 2065).
(3) The operation of section 103A(3) of the Act is
excluded in relation to lighting or kindling a fire
contrary to section 104(1) of the Act or
regulation 39(2) on land, defined in section 102(1) of
the Act as “land to which this Part applies”, other than
land referred to in subregulation (1), unless it is lit or
kindled —
(a) for the purpose of cooking food; or (b) for the purpose of a camp fire; or (c)
for the purpose of a ceremonial activity, such as a smoking ceremony, during which activity the fire is confined to an area of less than 1 m2; or
(d)
for an Aboriginal customary purpose, other than a purpose referred to in paragraph (a), (b) or (c), with the written permission of the CEO.
(4) The operation of section 103A(3) of the Act is
excluded in relation to lighting or kindling a fire
contrary to regulation 39(1)(b) if the fire is lit or
kindled without the written permission of the CEO.119. Exclusion of operation of section 103A(3) of the Act: camping
(1) The operation of section 103A(3) of the Act is
excluded in relation to a person camping temporarily
on CALM land contrary to regulation 66(1) if the
person camps on the land —
(a) without the written permission of the CEO; and (b)
for more than 28 consecutive days, unless it is necessary to camp on the land for a longer period (not exceeding 84 consecutive days) for ceremonial purposes.
(2) The operation of section 103A(3) of the Act is
excluded in relation to a person camping temporarily
on CALM land contrary to regulation 66(1) if the
person camps on the land without the written
permission of the CEO and the land is —(a) recreational land; or
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(b) in one of the following — (i) a townsite;
(ii) Boonanaring Nature Reserve (Reserve
No. 41805);
(iii) Drummond Nature Reserve (Reserve
No. 42808);(iv) Moore River Nature Reserve (Reserve No. 41830);
(v) Tunnel Creek National Park;
or
(c) urban land.
(3) In subregulation (2)(c) — urban land does not include land in —
(a) Avon Valley National Park (Reserve No. 30192); (b) Dwellingup State Forest (State Forest 14); (c) Lane Poole Reserve (Reserve No. 39827); (d) Jarrahdale State Forest (State Forest 22); (e) Moore River State Forest (State Forest 65); (f) Walyunga National Park (Reserve No. 2065). 120. Exclusion of operation of section 103A(3) of the Act: entering land
(1) The operation of section 103A(3) of the Act is
excluded in relation to entering land contrary to
regulation 41(a), (b) and (c), 42 or 43 if the entry is
made without the written permission of the CEO.(2) The operation of section 103A(3) of the Act is
excluded in relation to entering land contrary to
regulation 46(1) or 48 if the entry is made without the
written permission of the CEO.121. Exclusion of operation of section 103A(3) of the Act: protected thing
(1) In this regulation — fish has the meaning given in the Fish Resources
Management Act 1994 section 4(1);relevant CALM land means CALM land that is, or is
within 1 km of, any of the following —
(a)
a car park, including any area where signs direct vehicles to be parked or that is predominantly used for parking vehicles;
(b) a sealed road;
(c) a camping area;
(d) a visitor area.
7 December 2012 GOVERNMENT GAZETTE, WA 5971
(2) Subject to subregulation (3), the operation of
section 103A(3) of the Act is excluded in relation to —
(a)
taking fauna that is fish contrary to section 101C of the Act; and
(b)
taking flora or fauna other than fish contrary to section 101C of the Act if the flora or fauna is taken in a marine nature reserve or any land or water in a marine park classified as a sanctuary area.
(3) Subregulation (2)(a) does not apply in relation to fish
taken in accordance with the Fish Resources
Management Act 1994.(4) The operation of section 103A(3) of the Act is
excluded in relation to removing firewood contrary to
section 103(1) of the Act if the firewood is removed
without the written permission of the CEO.(5)
The operation of section 103A(3) of the Act is excluded in relation to taking fauna contrary to regulation 8(1) if the fauna is taken —
(a) without the written permission of the CEO; and (b)
on relevant CALM land, urban land or in a townsite.
(6)
The operation of section 103A(3) of the Act is excluded in relation to taking flora contrary to regulation 8(1) if the flora is taken —
(a) without the written permission of the CEO; and (b)
on recreational land, urban land or in a townsite.
(7) The operation of section 103A(3) of the Act is
excluded in relation to taking a non-indigenous animal
contrary to regulation 18 if the animal is taken —
(a) without the written permission of the CEO; and (b) on relevant CALM land, urban land or in a townsite. 122. Permission of CEO
(1)
When giving written permission for the purpose of regulations 115 to 121, the CEO is to specify in the permission —
(a)
the person or persons or group, body or association of persons to whom the permission applies; and
(b)
the conditions, if any, subject to which the permission is given.
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(2) The permission has effect —
(a)
for the period of effect specified in the permission, unless sooner revoked by the CEO under regulation 123(2); or
(b)
if no period of effect is specified in the permission, until it is revoked by the CEO under regulation 123(2).
(3) The permission has no effect —
(a) in respect of any person to whom the permission applies who does not observe or perform a condition; and (b) during any period in which the condition is not observed or performed by that person. 123. Variation and revocation of permission
(1) If written permission for the purpose of regulations 115
to 121 (the permission) is given subject to conditions,
those conditions may be added to, cancelled, suspended
or otherwise varied by written notice given by the CEO
to the person or persons or group, body or association
of persons to whom the permission applies (the
permission holder).(2) The CEO may at any time revoke the permission by
written notice given to the permission holder.(3) If the CEO proposes to revoke the permission under subregulation (2), the CEO is to give the permission holder written notice of the proposal and the CEO’s reasons for the proposal. (4) The notice is to state that the permission holder may make written representations to the CEO concerning the proposal within 21 days after the notice is given. (5) The CEO is not to give effect to the proposal without considering any representations received within that period. 9. Schedule 2 amended
At the end of Schedule 2 insert:
Division 3 — Offences under Forest Management
Regulations 1993
Column 1 Column 2 Column 3
Item Regulation Nature of offence Penalty
No. creating $ offence 1. 108 Entry, use, movement of potential carrier without authorisation or
contrary to condition 200
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Column 1 Column 2 Column 3
Item Regulation Nature of offence Penalty
No. creating $ offence 2. 109 Entry, use, movement of potential carrier contrary to instruction or
direction 200 3. 111 Failure to carry or produce written authorisation in respect of
potential carrier 150 4. 113 Failure to produce information relating to forest disease on
request 150 5. 119 Failure to cleanse or disinfect infected carrier or potential
carrier 200 6. 123 Failure to give name and address
on request 150 7. 124
Failure to comply with request to stop or with signpost, or avoiding or breaking through barrier 150 8. 125 Hindering, obstructing or failing to comply with direction of
authorised person 150 10. Schedule 3 amended
Delete Schedule 3 Form 1 and insert:
Form 1 — Infringement notice (r. 112(3))
Number
INFRINGEMENT NOTICE
For offences with modified penalties under the Conservation and
Land Management Act 1984, Conservation and Land ManagementRegulations 2002 and Forest Management Regulations 1993
Male Female D.O.B Date of Service
(tick relevant box) D M Y D M Y 1. To:..........................................................................................................................................
Surname (Block letters) Other names in full
Address:........................................................................................................................................
Number and Street Suburb Postcode
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2. It is alleged that at ......... hours on the ...... day of ................. 20....., on ...........................
(time) (date) (month) (year) (Name/No of Park/ Reserve/ForestBlock)
....................... (....................... District), you committed the offence(s) indicated hereunder:
(insert name of District)
Legislation Section/ Description of Offence Penalty
(circle selection) Regulation $ CALM Act CALM Regs Forest
Management
Regs
............................................... ............................................... Signature of Issuing officer Print Name of Issuing officer Note. At the discretion of the Department of Environment and Conservation this
infringement notice may be withdrawn and other action taken.
WHAT YOU MUST DO
1. You may pay the full sum of the modified penalty for the offence specified on this notice within 21 days of the giving of this notice.
2. Payment may be made by either posting your copy of this infringement notice along with a cheque, money order or postal note for the sum of the modified penalty shown above to the Chief Executive Officer, Department of Environment and Conservation, Locked Bag 104, Bentley Delivery Centre WA 6983, or presenting this notice at any office of the Department
of Environment and Conservation and paying the modified penalty indicated on the notice.
Part payment of the amount of the penalty will not be accepted.3. Alternatively, you may elect to have this matter dealt with before a Court of Summary Jurisdiction by completing the Court Election on the reverse side of the notice and forwarding it to —
The Chief Wildlife Officer
Nature Protection Branch
Department of Conservation and Environment
Locked Bag 104Bentley Delivery Centre WA 6983
If this modified penalty is not paid within 21 days of the date of this notice, court proceedings may be taken against you.
Failure to pursue one of the above options within the time specified may incur additional administrative charges and action may be taken to suspend your Motor Drivers Licence until the modified penalty and any additional charges incurred have been paid in full.
[reverse of notice]
I elect to have this matter heard by a Court.
Please issue a summons to me.
(Please use block letters)
Surname/Family Name ________________________________________________ Given Names ________________________________________________ Address ________________________________________________ ______________________________Postcode __________ Signature ________________________________________________
Date _____/ _______/ _______
By Command of the Governor,
N. HAGLEY, Clerk of the Executive Council.
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