Wildlife Conservation Act Amendment Act 1979 (WA)

WESTERN AUSTRALIA.

WILDLIFE CONSERVATION.

No. 28 of 1979.

AN ACT to amend the Wildlife Conservation Act, 1950-1977 and the Wildlife Conservation Act Amendment Act, 1976.

[Assented to 21st September, 1979.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Wildlife and citation.

Conservation Act Amendment Act, 1979.

Aproved for p

(2) In this Act the Wildlife Conservation Act, Re print 10th

April, 1973

1950-1977 is referred to as the principal Act.

and amended

by Acta Nos.

67 of 1975

an 34

(3) In this Act the Wildlife Conservation Act 197d7. of

Amendment Act, 1976 is referred to as the amending

Act.

No. 28.] Wildlife Conservation. [1979.

(4) The principal Act as amended by this Act may

be cited as the Wildlife Conservation Act, 1950-1979.

Commence-

ment. 2. This Act shall come into operation on the day that the Wildlife Conservation Act Amendment Act, 1976 comes into operation.

1=21 rot 3. Section 6 of the principal Act is amended by amended• deleting the interpretation "nature reserve" and

substituting the following interpretation

"nature reserve" means land reserved to Her Majesty, or disposed of, under the Land Act, 1933 or any other Act, for the conservation of flora or fauna; .

Section 5 of

amending 4. Section 5 of the amending Act is amended by

Act amended

repealing the proposed section 9 of the principal Act

and substituting the following section-

Relationship

to the Crown,	9. (1) The provisions of this Act relating to
government

departments flora bind the Crown.

and Local authorities and other persons exer-	(2) Where in relation to a provision of this
cising rights

or duties. Act relating to flora a matter arises, or may arise, with respect to any right, power or authority of, or the discharge of any duty by, a government department or a local authority, the following provisions apply

(a)	where the matter relates to a government department—the Minister charged with the administration of the government department may consult with the Minister;
(b)	where the matter relates to a local authority—the local authority shall refer the matter to the Minister charged with the administration of the Local Government Act, 1960, who may consult with the Minister;

1979.] Wildlife Conservation. [No. 28.

(c)	where the Ministers agree, the Minister shall give such directions as are agreed to as a result of those consultations;
(d)	where the Ministers do not agree the matter shall be referred to the Governor; and
(e)	the Governor may finally and conclusively determine the matter and effect shall be given to any such determination.

(3) Where in relation to a provision of this Act relating to flora a matter arises, or may arise, with respect to the exercise of any right or the performance of any duty or obligation conferred or imposed on a person, not being a government department or local authority, by or under any Act or agreement to which the State is a party and which is ratified or approved by an Act the matter shall be finally and conclusively determined by the Minister upon a written application by that person to the Minister and effect shall be given to that determination.

(4) In this section

"government department" includes any instrumentality of the Crown in the right of the State, whether a corporation, agency or other author- ity. .

Section 13

5. Section 13 of the amending Act is amended by repealing subsection (2) of the proposed section 23B	of amending
Act amended.
and substituting the following subsection

(2) In any proceedings for an offence against subsection (1) of this section it is a defence for the person charged to prove that the taking occurred as an unavoidable incident or consequence in the performance of any right, power or authority conferred upon, or in the discharge of any duty or obligation imposed

No. 28.] Wildlife Conservation. [1979.

upon, the person by or under any Act or agreement to which the State is a party and which is ratified or approved by an Act or notwithstanding the fact that the performance of that right, power or authority, or the discharge of the duty or obligation, was exercised in a reasonable manner. .

Section 15

of amending6. Section 15 of the amending Act is amended by

Act amended. adding after subsection (1) of the proposed section

23D the following subsection

(la) In any proceedings for an offence against subsection (1) of this section it is a defence for the person charged to prove that the taking occurred as an unavoidable incident or consequence in the performance of any right, power or authority conferred upon, or in the discharge of any duty or obligation imposed upon, the person by or under any Act or agreement to which the State is a party and which is ratified or approved by an Act or notwithstanding the fact that the performance of that right, power or authority, or the discharge of the duty or obligation, was exercised in a reasonable manner. .

of amending 7. Section 17 of the amending Act is amended	Election 17
Act amended. by repealing subsection (4) and subsection (5) of

the proposed section 23F and substituting the

following subsection

(4) A person shall not, whether or not he is

(a)	the holder of a license issued under this Act to take protected flora;
(b)	the owner or occupier of private land on which rare flora exists; or
(c)	authorised by the owner or occupier of land on which rare flora exists,

1979.] Wildlife Conservation. [No. 28.

take any rare flora unless

(d)	where he is not the holder of a license issued under this Act, he first obtains the consent thereto in writing of the Minister;
(e)	where he is the holder of a license issued under this Act, he first obtains the further consent thereto in writing of the Minister. .

Section 26

8. Section 26 of the principal Act is amended by repealing subsection (3) and substituting the	of principal
Act amended.
following subsection

(3) All proceedings in respect of any such offences shall be taken by and in the name of the Director or by and in the name of any person authorised in that behalf by the Director. .

By Authority: WILLIAM C. BROWN, Government Printer