Native Flora Protection Act 1938 (WA)

NATIVE FLORA PROTECTION.

2' and 3 0 GEO. VI., No. XXXII.

No, 32 of 1938.

AN ACT to amend the Native Flora Protection Act,

1935.

[Assented to 31st January, 1939.]

B E it enacted by the King's Most Exce112nt Majesty,by and with the advice and consent of the Legis- lative Connell and Legislative Assembly of l,leqern Australia, in this present Parliament assembled, and by the anthority of the same. as follows:—

Short title. 1. This Act may he cited as the Native Flora Pro-

tection. Act, 1938, and shall be read as one with the Native

Flora Protection Act, 1935, hereinafter called the prin- cipal Act.

Amendment

of e. 5 of 2. Subsection (1) of section five of the principal Act

principal Act. is amended by adding the following words:—

" or that on any specified Crown lands or in any State forest or specified port-ion thereof or on any specified land reserved for a public, purpose under the Land Act, 1933, or any other Act or on any road, all wildflowers or native plants are protected under this Act."

1938.] Native Flora Protection. [No. 32.

3. Section six of the principal Act is amended—	Amendment
of s. 6 of

(a) by inserting after the word "who" in line one principal Act.

the words "on any road or";

(b) by deleting' the word "four" in line two and

inserting in lieu thereof the word "five";

(c)

by deleting the word "subsection" in line six and inserting in lieu thereof the word "sec- tion"; and

(d)

by adding the words "with the written consent

of the owner, lessee or licensee thereof."

Provided further that notwithstanding any-

thing contained in this Act this section shall

apply where such wildflower or native plant

is picked on any land comprised in a pastoral

lease granted under the Land Act, 1933, or

any Act thereby repealed or in a forest lease

granted pursuant to section forty of the

Forests Act, 1918-1931, and such land shall be

deemed not to be private land for the pur-

pose of this section.

4. Subsection (1) of section eight of the principal Act tfmrdn

is amended by inserting after subdivision (b) the follow- prinnipa/ Act

ing words and subdivision:

or (c) on any private land of which he is not the owner, lessee or licensee and the owner, lessee or licensee of which has not given him permission in writing in that behalf.

of insertion of

5. A new section is inserted after section eleven new section

the principal Act as follows:— after s. 11.

Ha. The Minister may appoint honorary in- HnnorarY inspectors.

spectors to assist in carrying out in the manner pre-

scribed the provisions of this Act.

6. Section twelve of the principal Act is amended

(a)	by inserting after the word "Australia" in line two the words "or any honorary inspector appointed under tins Act";
(b)	by inserting after the word "person" in line five the words "mid for that purpose to stop and inspect any vehicle and to enter into or upon any place whatsoever or any vessel and to open and inspect any package or receptacle";

No. 32.] Native Flora Protection. [1938.

(c) by adding subsections as follows:

Where any person is found on any pri- vate land on which he is reasonably suspected of having committed an offence against this Act, the owner, lessee or licensee of such land may require such person to give his name and address and to deliver up any wildflower or native plant in his possession.

(2)

(3) Any person who when required to do so under the provisions of this section refuses to give his name and address, or gives a false name and address, or refuses to deliver up such wildflower or native plant or who delays or obstructs any police or forest officer or honorary inspector acting under this section shall be guilty of an offence.

Insertion of 7. A new section is inserted after section fourteen of

new section

after B. 14. the principal Act as follows:—

Persons who 14a. (1) All proceedings hi respect of any offence

may take pro-

ceedings. or alleged offence against this Act may be taken by

and in the name of the Conservator of Forests or by and in the name of any person authorised in that behalf by the Conservator of Forests or by and in the name of any police officer or any honorary inspector appointed under this Act.

(2) The averment on the process that the person taking the proceedings holds the Ace or position by which he is therein described or that he has the authority of the Conservator of Forests to take the proceedings or that he is an honorary inspector under this Act shall be prima facie proof of that fact.

8.    The principal Act as amended by this Act may be

cited as the Native Flora Protection Act, 1935-1928