Soil and Land Conservation (Clearing Control) Regulations 1991 (WA)

Western Australia

SOIL AND LAND CONSERVATION ACT 1945

Soil and Land Conservation (Clearing Control) Regulations 1991

These regulations were repealed by the Environmental Protection Amendment Act 2003 s. 117 (No. 54 of 2003) as at 8 Jul 2004 (see s. 2 and Gazette 30 Jun 2004 p. 2581).

Western Australia

Soil and Land Conservation (Clearing Control) Regulations 1991 ContentsPart 1 — Preliminary1 — Citation2 — InterpretationPart 2 — Bruce Rock Land Conservation District3 — Definitions4 — Clearing of remnant native vegetation prohibited5 — Commissioner may grant exemptionNotesCompilation table —

Western Australia

SOIL AND LAND CONSERVATION ACT 1945

SOIL AND LAND CONSERVATION ACT 1945

Soil and Land Conservation (Clearing Control) Regulations 1991

Part 1 – Preliminary1.Citation

These regulations may be cited as the Soil and Land Conservation (Clearing Control) Regulations 1991.

2.Interpretation

In these regulations unless the contrary intention appears — 

“to clear” in relation to any land means to cut down, destroy or otherwise damage trees, shrubs, grass or other plants on that land but does not include the cutting of trees for firewood or posts for timber.

Part 2 – Bruce Rock Land Conservation District3.Definitions

In this Part, unless the contrary intention appears — 

“district” means the Bruce Rock Land Conservation District constituted under clause 4 of the Soil and Land Conservation (Bruce Rock Land Conservation District) Order 1984 2;

“remnant native vegetation” means native flora and also means regrowth of native flora which has occurred following clearing but does not include native species planted for harvesting.

4.Clearing of remnant native vegetation prohibited

Subject to regulation 5 the clearing of remnant native vegetation in the district is prohibited.

5.Commissioner may grant exemption

• (1)

  The Commissioner may exempt an owner or occupier from the operation of regulation 4.

• (2)

  The Commissioner shall only grant an exemption referred to in subregulation (1) where the Commissioner is satisfied that the land degradation caused by the removal of remnant native vegetation is not or will not be detrimental to the present or future use of land.

Notes

1.         This is a compilation of the Soil and Land Conservation (Clearing Control) Regulations 1991 and includes the amendments referred to in the following Table.

Compilation table

Citation	Gazettal	Commencement
Soil and Land Conservation (Clearing Control) Regulations 1991	3 May 1991 p.1938	3 May 1991
These regulations were repealed by the Environmental Protection Amendment Act 2003 s. 117 (No. 54 of 2003) as at 8 Jul 2004 (see s. 2 and Gazette 30 Jun 2004 p. 2581)

2          [Published in the Gazette of 25 May 1984 at pp.1404‑05. For amendments to 23 April 1991 see Gazettes of 31 December 1987 and 16 February 1990.]