Purpose:

The purpose of this legislation is to make better provision for the use, protection, and management of certain public lands and waters, including their flora and fauna, to establish the Conservation and Parks Commission, and to confer functions relating to the conservation, protection, and management of biodiversity and biodiversity components.

Objectives:

• To preserve the natural environment of the State and provide facilities for its enjoyment by the community.
• To promote the appreciation of flora and fauna and the natural environment.
• To achieve or promote the conservation, protection, and management of biodiversity and biodiversity components throughout the State.
• To facilitate the planning for and establishment of a comprehensive, adequate, and representative system of reserves for biodiversity conservation.
• To promote and facilitate nature-based tourism and recreation on land to which this Act applies.
• To ensure the permanent preservation, care, and extension of the plant collections of the Western Australian Herbarium.
• To promote the conservation of water quantity and quality on managed lands.
• To develop policies for water taking from managed lands.
• To achieve the purpose for which various categories of land are reserved, including conservation, recreation, timber production on a sustained yield basis, water catchment protection, and other prescribed purposes.
• To protect and conserve the value of land to the culture and heritage of Aboriginal persons, particularly from adverse effects of entry, use, taking, or removal of forest produce, fauna, or flora.

Key Provisions:

• Establishment of the Conservation and Parks Commission and the Conservation and Land Management Executive Body, outlining their functions and powers regarding land and water management (Part III, Part IV Division 2).
• Categorisation and vesting of various public lands and waters, including State forests, timber reserves, national parks, conservation parks, nature reserves, marine nature reserves, marine parks, and marine management areas (Part II, Division 1).
• Provisions for reserving and changing State forests and timber reserves, including parliamentary procedures for significant changes (Part II, Division 2).
• Authority for the CEO to agree to manage private or other land and for certain Crown land to be placed under CEO’s management, establishing “section 8A land” and “section 8C land” (Part II, Division 1).
• Requirements for the preparation, public notification, and approval of management plans for land and waters, including objectives aligned with land categories and consideration of Aboriginal cultural heritage (Part V, Division 1).
• Powers for the classification of land into categories such as wilderness areas, prohibited areas, forest conservation areas, and recreation areas (Part V, Division 2).
• Powers for the CEO to grant permits, licences, contracts, and leases for taking and selling forest produce, and for the use of State forests, timber reserves, and other managed lands (Part VIII, Division 1 and 2).
• Specific regulations and prohibitions concerning activities in marine reserves, particularly aquaculture, commercial fishing, recreational fishing, and pearling activity (Part II, Division 3; Part VIII, Division 3).
• Measures for the control and eradication of forest diseases, including constituting forest disease risk areas and disease areas, and regulating potential carriers (Part VII).
• Establishment of offences related to unlawful taking of forest produce, lighting fires, unauthorised activities on land, and various miscellaneous offences, along with enforcement powers and infringement notice provisions (Part IX).
• Provisions for the making of regulations covering administrative matters, forestry, forest diseases, and national parks (Part X).

Evidence of Compliance Requirements For Agricultural Organisations:

• Pastoral and Diversification Lease Holders (s.4(3), s.106(a), s.108C(2)):
  • Lessees of pastoral leases or diversification leases situated within State forest boundaries must surrender their leases to the Crown at the expiration of 6 months from the reservation date (s.4(3)).
  • These lessees have the option, during the 6-month surrender period, to acquire a forest lease of the demised land for the remainder of the original lease term, at the same reserved rent (s.4(3)).
  • Organisations or individuals must not depasture cattle on land to which Part IX applies (which includes State forests and timber reserves, among others) unless they hold a valid permit, licence, or lease granted under this Act or other Crown authority (s.106(a)).
  • Owners of unbranded cattle appearing to be over 12 months old found depasturing within the pastoral region on land to which Part IX applies will be given reasonable opportunity by the CEO to take possession of cattle believed to have strayed from adjoining lands before the cattle are dealt with as Crown property (s.108C(2)).
• Organisations involved in Forest Produce Harvesting, Sale, or Processing (s.88(1), s.92(1)(2), s.93, s.94(1), s.95(1)(2), s.103(1)(2a), s.107(i)(j)(k), s.117, s.119A, s.136(2)):
  • Organisations or individuals involved in felling, cutting, injuring, destroying, obtaining, or removing forest produce from Crown land (including State forests, timber reserves, and certain other lands) must possess a valid permit, licence, or contract granted by the CEO (s.88(1), s.103(1)).
  • Taking or removing forest produce from land classified as a forest conservation area requires a written authorisation from the CEO or a Part VIII Division 1 authorisation (contract, permit, or licence) (s.103(2a)).
  • Payment of forest produce charges for all forest produce taken under permit/licence or sold under contract is mandatory (s.92(1),(2)).
  • Permits, licences, or contracts for taking/selling forest produce or using Crown land cannot be transferred without the CEO’s written consent (s.93).
  • All forest produce obtained must be removed from Crown land during the currency of the permit, licence, or contract, unless the CEO grants a time extension (s.94(1)). Failure to remove results in forfeiture to the Crown.
  • Contravening any term or condition of a permit, licence, or contract, or any provision of the Act, may lead to cancellation or suspension of rights, obligations, or privileges, or incur a penalty (s.95(1)(2)).
  • It is an offence to remove forest produce from land without previously paying the proper forest produce charge or fee (s.107(i)).
  • It is an offence to knowingly furnish an authorised officer with a false or incorrect statement of any forest produce felled, cut, split, sawn, or removed where charges are payable (s.107(j)).
  • It is an offence to receive any forest produce knowing it to have been unlawfully obtained (s.107(k)).
  • Forest produce with unpaid charges remains Crown property and may be seized and detained or removed by a forest officer until charges are paid (s.117). If not paid within 10 days of seizure, it may be disposed of.
  • Operators of sawmills or other timber preparation/treatment/processing facilities must allow authorised forest officers to enter their premises for inspection and enquiry to ensure compliance with the Act and regulations (s.119A).
  • Export of specified timber species or classes is prohibited until inspected and permission obtained from the CEO. The timber must bear a forest officer’s mark or brand indicating such permission (s.136(2)). Penalty: $40 per m2 of timber exported.
  • Where a person is found with forest produce on land to which s.103 applies or on a nearby road, they must provide a satisfactory account to an authorised officer of how they obtained it (s.103(2)).
• Organisations Acquiring Conditional Purchase Land (s.142(1),(2)):
  • Purchasers of land under conditional purchase provisions of the Land Administration Act 1997 must use an area of not less than 2% of the holding for the growth of timber or other forest produce (s.142(1)).
  • The planting of trees, approved by the CEO, on at least 2 hectares of such land, shall be deemed an improvement. The conservation and improvement of indigenous timber, to the CEO’s satisfaction, may also be deemed an improvement with the Land Administration Minister’s approval (s.142(2)).
• Aquaculture, Commercial Fishing, and Pearling Activity (s.13A(2), s.13B(5),(6A),(6),(8), s.13C(3),(5), s.101B(2a), s.101C):
  • Aquaculture, commercial fishing, and pearling activity are prohibited in marine nature reserves (s.13A(2)).
  • These activities are prohibited in sanctuary areas and recreation areas within marine parks (s.13B(5)(a)(b), s.13B(6A)(a)(i)(ii), s.13B(8)(a)(b)).
  • These activities may also be prohibited in specific ‘special purpose areas’ if declared incompatible with a conservation purpose in the classification notice (s.13B(5)©, s.13B(6A)(a)(iii), s.13B(6A)(b), s.13B(8)©).
  • Where permitted (e.g., in general use areas of marine parks or in marine management areas), these activities must be carried out in accordance with authorisations issued under the Fish Resources Management Act 1994 or licences/permits issued under the Pearling Act 1990 (s.13B(5),(6),(8), s.13C(3),(5)).
  • Taking flora or fauna (including fish and pearl oyster) in a marine nature reserve, marine park, or marine management area for scientific purposes is permitted only in accordance with a licence granted under regulations made under section 130 of this Act, or under the Biodiversity Conservation Act 2016 section 40 (s.101B(2a)).
  • Any person taking flora or fauna in a marine nature reserve, marine park, or marine management area without lawful authority commits an offence, subject to a penalty of $10,000 and imprisonment for one year (s.101C).
• Compliance with Regulations (Part X, s.126, s.127, s.128, s.129, s.130):
  • Regulations may provide for qualifications of officers, examinations for appointment/promotion, imposition and payment of rents, fees, dues, and charges, and the form and effect of permits, leases, and licences (s.127(1)).
  • Regulations relating to forestry, State forests, and timber reserves may require a system for recording and making available information on forest produce taken and its destination, and for ascertaining forest produce charges payable (s.128(1)(d)(ii)(iii)).
  • Regulations may provide for the inspection, grading, branding, and marking of forest produce (s.128(1)(d)(iv)).
  • Regulations may provide for directions as to the route for movement of forest produce in a State forest or timber reserve (s.128(1)(d)(vi)).
  • Regulations may require the weighing of forest produce or other methods to determine quantity (s.128(1)(d)(vii)).
  • Regulations may require identification of persons felling timber in State forests/timber reserves and registration of identification means (s.128(1)(d)(viii)).
  • Regulations may provide for registration of persons engaged in harvesting or transporting timber and creation of offences to ensure effectiveness (s.128(1)(ga)).
• Forest Disease Control (s.86(1)(2), s.129(1)©(d)(e)(g)):
  • Holders of mining tenements within a forest disease risk area or disease area must give at least 3 months’ written notice to the Minister before commencing exploration or exploitation (s.86(1)). This notice must specify the part of the tenement and the intended commencement day. Activities must then be conducted only by entering via a route described and subject to conditions specified in the Minister’s written authority (s.86(2)). Failure to comply with these terms carries a penalty of $500.
  • Regulations may require the notification of any occurrence, or suspected occurrence, of forest disease infection and the furnishing of all information within a person’s power regarding such occurrences (s.129(1)©).
  • Regulations may confer power on an authorised person to stop and examine potential carriers (e.g., soil, tools, vehicles, machinery, timber, firewood) and to signpost and barricade roads for this purpose (s.129(1)(d)).
  • Regulations may mandate the detention, control, removal, treatment, cleansing, and quarantine of infected carriers or potential carriers, or infected earth, soil, or trees (s.129(1)(e)).
  • Regulations may require any person in a risk area or disease area to furnish particulars of their name and address when requested by an authorised person (s.129(1)(g)).

Metadata Keywords:

Conservation, Land Management, Western Australia, Agriculture, Forestry, Fisheries, Marine Reserves, Forest Diseases, Biodiversity, Permits, Licences.

Publication Information:

As at 14 May 2024 Official Version

Agricultural Industry Alignment:

Beef & Veal, Fisheries, Forestry, Horticulture, Sheep Meat, Pig.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent&query=mrdoc_47128.pdf →