Forest Management Amendment Regulations 2024 (WA)

Western Australia

Conservation and Land Management Act 1984

Forest Management Amendment Regulations 2024

Western Australia

Forest Management Amendment Regulations 2024 Contents Conservation and Land Management Act 1984

Conservation and Land Management Act 1984

Forest Management Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Forest Management Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Forest Management Regulations 1993.

4.Regulation 2 amended

• (1)

  In regulation 2 delete “regulations, unless the contrary intention appears —” and insert:

   

regulations —

• (2)

  In regulation 2 delete the definitions of:

buyer

contract of sale

contract to harvest and deliver

contractor

coupe

Crown land

district

forest produce licence

logging plan

permit

• (3)

  In regulation 2 insert in alphabetical order:

   

authorised officer has the meaning given in section 102(1) of the Act;

5.Parts 3 and 10 deleted

Delete Parts 3 and 10.

6.Regulation 89 deleted

Delete regulation 89.

7.Regulation 91 replaced

Delete regulation 91 and insert:

91. Offence relating to fire lookout towers

In a State forest or timber reserve a person must not do any of the following, unless authorised by the CEO or an authorised officer —

• (a)

  enter the fenced off area surrounding a fire lookout tower;

• (b)

  climb a fire lookout tower;

• (c)

  destroy, cut into, deface or in any way damage a fire lookout tower or equipment contained in, or attached to, a fire lookout tower.

Penalty: a fine of $2 000.

8.Regulation 92 deleted

Delete regulation 92.

9.Regulation 95 amended

In regulation 95:

• (a)

  delete “shall” and insert:

   

must

 

• (b)

  in paragraphs (b) and (c) delete “a forest officer” and insert:

   

an authorised officer

 

• (c)

  in paragraph (d) delete “a forest officer.” and insert:

   

an authorised officer.

  10.Regulation 99 amended

In regulation 99(2) delete “shall be taken as authorising any person —” and insert:

is taken to authorise a person —

11.Regulation 101 amended

• (1)

  In regulation 101(1) delete “Except as provided in subregulation (3), a person shall” and insert:

   

A person must

• (2)

  In regulation 101(1) in the Penalty delete “Penalty:” and insert:

   

Penalty for this subregulation: a fine of

• (3)

  Delete regulation 101(3).

Note: The heading to amended regulation 101 is to read:

Restrictions on removing firewood from public firewood areas

12.Regulation 102 amended

• (1)

  In regulation 102(1):

  • (a)

    delete “A forest officer or a conservation and land management officer” and insert:

     

  An authorised officer

   
  • (b)

    delete “where the forest officer or conservation and land management officer” and insert:

     

  if the authorised officer

   
  • (c)

    in paragraph (c) delete “a forest officer, conservation and land management officer” and insert:

     

  an authorised officer

   
• (2)

  In regulation 102(1) after each of paragraphs (a) to (c) insert:

   

or

• (3)

  In regulation 102(2) delete “shall” and insert:

   

must

• (4)

  At the end of regulation 102(2) insert:

   

Penalty for this subregulation: a fine of $2 000.

• (5)

  At the end of regulation 102 delete the Penalty.

13.Regulation 106 amended

In regulation 106(4) delete “shall be” (each occurrence) and insert:

is

14.Regulation 107 amended

• (1)

  In regulation 107(2)(a) delete “shall” and insert:

   

must

• (2)

  In regulation 107(3) delete “shall only have effect” and insert:

   

has effect only

15.Regulation 112 amended

In regulation 112 delete “shall terminate” and insert:

terminates

16.Regulation 118 amended

In regulation 118:

• (a)

  delete “shall” (1st occurrence) and insert:

   

must

 

• (b)

  delete “shall be such period as an authorised person determines.” and insert:

   

is any period determined by an authorised person.

  17.Regulation 123 amended

In regulation 123 delete “shall give his or her” and insert:

must give the person’s

18.Part 17 heading amended

In the heading to Part 17 delete “forest” and insert:

authorised

19.Regulation 126 replaced

Delete regulation 126 and insert:

126. Stopping and detaining vehicles

• (1)

  This regulation applies to a vehicle that is being used, or that an authorised officer reasonably suspects is being used, to transport forest produce —

  • (a)

    in a State forest or timber reserve; or

  • (b)

    on a road.

• (2)

  An authorised officer may direct the person in charge of a vehicle to —

  • (a)

    stop the vehicle; or

  • (b)

    move the vehicle to, and wait at, a place indicated by the authorised officer.

• (3)

  A person must comply with a direction given to that person under subregulation (2).

Penalty for this subregulation: a fine of $2 000.

20.Regulation 127 amended

• (1)

  In regulation 127(1) delete “A forest officer” and insert:

   

An authorised officer

• (2)

  In regulation 127(2) delete “shall” and insert:

   

must

• (3)

  At the end of regulation 127(2) insert:

   

Penalty for this subregulation: a fine of $2 000.

• (4)

  At the end of regulation 127 delete the Penalty.

21.Regulation 128 amended

• (1)

  In regulation 128(1):

  • (a)

    delete “a forest officer” and insert:

     

  an authorised officer

   
  • (b)

    delete “forest officer” (2nd occurrence) and insert:

     

  authorised officer

   
• (2)

  In regulation 128(2) delete “shall” and insert:

   

must

• (3)

  At the end of regulation 128(2) insert:

   

Penalty for this subregulation: a fine of $2 000.

• (4)

  At the end of regulation 128 delete the Penalty.

22.Regulation 135 deleted

Delete regulation 135.

23.Regulation 136 amended

• (1)

  In regulation 136:

  • (a)

    delete “shall” and insert:

     

  must

   
  • (b)

    delete “a forest officer.” and insert:

     

  an authorised officer.

   
• (2)

  In regulation 136 in the Penalty delete “Penalty:” and insert:

   

Penalty: a fine of

Note: The heading to amended regulation 136 is to read:

Prohibitions in relation to seized forest produce

24.Regulations 137 to 149 deleted

Delete regulations 137 to 149.

25.Schedule 3 deleted

Delete Schedule 3.

26.Various references to “shall” replaced

In the provisions listed in the Table delete “shall” (each occurrence) and insert:

must

Table

r. 96	r. 111
r. 113	r. 119
r. 124	r. 125

• Note:

  The headings to the amended regulations listed in the Table are to read as set out in the Table.

Table

Amended regulation	Regulation heading
r. 96	Person marking out must not establish camp, fuel depot or parking area in State forest or timber reserve
r. 124	Obligations of person driving or moving potential carrier
r. 125	Person must not obstruct or hinder authorised person

• Note:

  The headings to the regulations listed in the Table are to read as set out in the Table.

Table

Regulation	Regulation heading
r. 117	Establishment and maintenance of quarantine stations
r. 120	Owner to identify person in charge of carrier

K. COLLERAN, Clerk of the Executive Council