Wildlife Conservation Amendment Regulations 2012 (WA)

7 Dc , ccmmbc•r 2012 GOVERNMENT GAZETTE, W '1 5977

(b) cli'i\ in or riding a vehicle into or- in a risk area contrary to regulation 108.

13.            Regulation 1-52 deleted

Delete regulation 152.

By Command of the Governor,

N. HAGLEY. Clerk of the Executive Council.

Co303*

Wildlife Conservation Act 1950

Wildlife Conservation Amendment

Regulations 2012

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Wildlife Conservation Amendment
Regidations 2012.

Regulations 1970.

2.             Commencement

These regulations come into operation as follows -

(a) regulations I and 2 on the day on which

• these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day on hich the Conservation Legislation 4mendmnent Act 2011

section 49 comes into operation.

3.              Regulations amended

These regulations amend the Wildlife Conservation

5978 GOVERNMENT GAZETTE. WA r Dec:Ermbc'r 2 01 2

4. Regulation 63 replaced
Delete regulation 63 and insert:

63. Exclusion of operation of section 23(3) of the Act

(1)	In this regulation CALM Land has the meanin g, given in the Conservation
and Land Management Regulations 2002 regulation 2;
camping area has the meaning given in the
Conservation and Land Management Regulations 2002
regulation 2; 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 he parked or that is predominantly used fbr parking vehicles;
(b)	a sealed road;
(c)	a camping area;
(d)	a visitor area:

townsite has the meaning g iven in the Land
Administration Act 1997 section 26(1);
urban 1(11111 means land within the metropolitan legion

as defined in the Planning and Development Ac t 200-5 section 4(1), the Peel Region described in Schedule 4 to that Act or the local government district of Bunhury;

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 of

cultural point of interest;

(d) an area here an y of the following have been provided ftr 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.

(2) The operation of section 23(3) of the Act is excluded in relation to the taking of fauna contrary to section 16(1) of the Act if the fauna is declared under section 14(4)

7 Dc , ccmmbc•r 2012 GOVERNMENT GAZETTE, W '1 5979

of the Act to be fauna • hich is likel y to become extinct, or is rare. or otherwise in need of special protection, other than -

(a)	dugong (Dugong dugan); and
(b)	loggerhead turtle (Caretta caretta); and
(c)	leathery turtle (Derinochelys coriacea); and
(d)	olive rid le turtle (Lepidachelys olivac ca ) ; and
(e)	tlatback turtle (Natal or depressus) and

(f} green turtle (Chelonia inydas); and

(g)	hawksbill turtle (Eretinochelys iinbricata); and
(h)	saltwater crocodile (Crocodylus porosus); and

(i)      Australian freshwater crocodile (Crocodylus

johnstoni).

(3) Subject to subre gulation (4), the operation of

section 23(3) of the Act is excluded in relation to the

taking of tauna contrary to section 16(1) cif the Act -

(a) in an area of a marine park classified under the

Conservation and Land Manage rent Act 1984

section 62(la) to he a sanctuary area; or

(h) in a marine nature reserve as defined in the

Con.servalion and Lund Management Act 1984

section 3.

(4) Subregulation (3) does not apply in relation to -

(a) fauna referred to in suhre.tulation (2)(a) to (i) taken with the written permission cif' the CEO;

or

(b) fauna taken in accordance with the Fish

Resources Management Act 1994.

(5) The operation of section 23(3) of the Act is excluded in

relation to the taking of fauna contrary to section 16(1

of the Act if the fauna is taken

(a)	without the written permission ol'the CEO; and
(b)	on land that is relevant CALM land or urban land or in a townsite.

(6) The operation of section 23(3) of'the Act is excluded in

relation to the taking of rare flora contrary to
section 23F(4) of the Act if the rare flora is taken
^s ithotit the written permission of the CEO.

64.           Permission of CEO

(1) When giving written permission f{n' the purpose of

regulation 63. 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

5980 GOVERNMENT GAZETTE. W:'1 r Dec:Ermbc'r 2012

(b) the conditions. if'any. subject to which the permission is lyiven.

(2) The permission has effect —

(a)	for the period of effect specified in the permission. unless it is sooner revoked by the CEO under regulation 65(2); or
(b)	if no period of effect is specified in the permission. until it is revoked by the CEO under regulation 65(2).

(3) The permission has no effect

(a) in respect of any person to horn the

permission applies who does not observe or

perform a condition; and

(h) during any period in hich the condition is not

observed or performed by that person.

65.           Variation and revocation of permission

(1)	If written permission for the purpose of regulation 63 (the permission) is given subject to conditions.. those conditions may he added to. cancelled, suspended or otherwise varied h) written notice given by the CEO to
the person or persons orgroup. body or association of persons to whom the permission applies (the
permission ho filer).
(2)	The CEO may at any time revoke the permission by written notice iven to the permission holder.
(3)	If the CEO proposes to revoke the permission under subregulation (2), the CEO is to give the permission holder ritten 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 concern in the proposal within 21 days after the notice is given.
(5)	The CEO is not to give effect to the proposal without consider in, any representations received within that period.

By Command of the Governor,

N. HAGLEY. Clerk of the Executive Council.