This law sets who controls and manages many types of public land and waters (national, conservation and marine parks, nature reserves, State forests, timber reserves and lands under s8A/s8C arrangements), vests most of that land in the Commission/CEO, and prescribes how land is planned, used, commercialised and enforced. The CEO runs day-to-day management, the Minister approves management plans and certain operations, and users pay fees/charges or face penalties; forestry contracts, timber sharefarming and joint Aboriginal vesting are specifically enabled (see ss8A,34B,56,60).
The Conservation and Land Management Act 1984 (CALM Act) establishes a comprehensive framework for the protection, management, and sustainable use of specified public lands and waters in Western Australia, together with their associated flora, fauna, and biodiversity components. As stated in its long title (as amended by No. 28 of 2015 s. 4 and No. 24 of 2016 s. 287), the Act makes "better provision for the use, protection and management of certain public lands and waters and the flora and fauna thereof", establishes the Conservation and Parks Commission, and confers functions relating to the conservation, protection, and management of biodiversity.
At its core, the Act defines "land to which this Act applies" in s.5(1) as encompassing State forest (s.6(1)), timber reserves (s.6(2)), national parks (s.6(3)), conservation parks (s.6(4)), nature reserves (s.6(5)), marine nature reserves, marine parks, and marine management areas (s.6(6)), along with other reserved lands vested in or managed by the Commission or Executive Body. Part II sets out detailed mechanisms for reserving, vesting, and altering these categories. For instance, State forests are reserved by Governor's order under s.8, with changes subject to parliamentary disallowance procedures in s.10A. Marine reserves are reserved under s.13, subject to public notification and submissions under s.14, with specific purposes and prohibited acts detailed in ss.13A (marine nature reserves: no aquaculture, commercial or recreational fishing, or pearling), 13B (marine parks: zoned classifications with incompatible activities declared in classification notices), and 13C (marine management areas: broader permitted uses for conservation, recreation, science, and commerce, prevailing in conflicts with fisheries laws per s.13C(4) and (6)).
The Act mandates management plans for all such land under Part V. Section 54 requires responsible bodies (defined in s.53, including the Commission or joint responsible bodies) to prepare plans through the CEO (s.54(3)), with contents prescribed by s.55 (policies, operations summary, expiry date not exceeding 10 years). Plans must pursue objectives in s.56(1), such as conservation in nature reserves (s.56(1)(d)), optimum yield in exotic plantations (s.56(1)(b)), and protection of Aboriginal cultural heritage without adverse effects on fauna/flora (s.56(2), prevailing in conflicts per s.56(3)). Preparation involves public notification (s.57), submissions (s.58), referrals to bodies like local governments or the Minister for Mines (s.59), and Ministerial approval (s.60), with amendments following the same process (s.61). Section 57A allows exemptions from full Aboriginal heritage assessment if delays would be unreasonable, but requires later compliance.
Current sections
Direct links to the current provisions in Conservation and Land Management Act 1984.
18
Div 1
Categories of land
Division 1 — Categories of land
“Land to which this Act applies”, meaning of 10
Categories of land, defined 11
Lands vested in Commission 13
8AA. Waters, land, or land and waters may be vested jointly in Commission and Aboriginal body corporate 15
8A. CEO may agree to manage private or other land 18
8B. Effect of s. 8A agreements 22
8C. Certain land may be put under CEO’s management 24
Div 2A
Regional parks
Division 2A — Regional parks
8D. Terms used 25
8E. Recognition of regional parks 27
8F. CEO may coordinate management of regional parks 27
Div 2
State forest and timber reserves
Division 2 — State forest and timber reserves
State forests, reservation of 28
Changes to State forest 28
10A. Parliamentary procedure in relation to changes to State forest 29
Reservation of, and changes to, timber reserves 31
Term used: Crown land 32
Div 3
Marine reserves
Division 3 — Marine reserves
Marine reserves, reservation of 32
13AA. Minister’s powers to change Class A marine reserve 34
13A. Marine nature reserves, purpose of and prohibited acts in 35
13B. Marine parks, purpose of and prohibited acts in 36
13C. Marine management areas, purpose of and permitted acts in 41
13D. Effect of s. 13A, 13B and 13C on certain licences etc. for fishing etc. 43
13E. Effect of s. 13A and 13B on certain licences etc. relating to petroleum 45
13F. Environmental Protection Act 1986 not limited by s. 13A to 13E 46
Proposal for marine reserve, public notice of and submissions on 47
Div 4
Other procedures
Division 4 — Other procedures
Land for State forest etc., power to acquire 51
Div 5
Cancellation etc. of purpose
Division 5 — Cancellation etc. of purpose
Purpose of certain land, cancelling or amending; area of certain land, changing 52
Div 6
Maps
Division 6 — Maps
17A. Maps of categories of land, deposit and inspection of etc. 54
Part III — Conservation and Parks Commission
Division 1 — Conservation and Parks Commission established
Commission established 56
Functions 56
Powers 61
Division 2 — Membership and meetings of Commission
Membership 62
Persons not eligible to be members 63
Other persons entitled to attend meetings of Commission 63
Division 3 — Relationship with Minister
Minister may give Commission directions 65
Minister to have access to information 65
Division 4 — General provisions
Commission may engage consultants 66
26AA. Delegation by Commission 67
26AB. Documents, execution of by Commission 67
26AC. Review of operations etc. of Commission 68
Constitution and proceedings of Commission 69
Remuneration and allowances of members 69
Annual report 69
Part IV — Administration
Division 1 — Functions and powers
CEO, functions of 71
33A. Terms used 77
34A. Business undertakings, CEO may form etc. 78
34B. Timber sharefarming agreements, CEO may enter etc. 80
CEO, remuneration of for advice etc. 82
Division 2 — The Conservation and Land Management Executive Body
Executive Body established and nature of 83
Purpose 83
Documents, execution of by Executive Body 84
Division 3 — Other officers and staff
Staff, appointment etc. of 85
Services, research etc., Minister’s powers to engage etc. 86
Enforcement officers, designation and functions of 86
Honorary enforcement officers, appointment and functions of 87
Public Sector Management Act 1994, application of to enforcement officers 88
Certificates for enforcement officers, issue of etc. 88
Ex officio wildlife officers etc. 89
Division 4 — General
Officers not to trade in timber etc. 90
Forest produce, auctions of etc. 90
Part V — Management of land
Division 1 — Management plans
Terms used 91
Plans, when required and who has to prepare 92
Contents of plans 93
56A. Plan may require CEO to manage land jointly 94
56B. Section 56A agreement may be continued for new management plan 96
Objectives of plans 96
57A. Aboriginal persons, ascertaining value of land to 98
Proposed plan to be publicly notified 99
Public submissions on proposed plans 100
Plans to be referred to other bodies 100
59A. Plans to be submitted to Minister 102
Approval of proposed plan by Minister 102
60A. Conservation and Land Management Amendment Act 1991, transitional provision for 104
Plans, amending and revoking 104
Division 2 — Classification of land
Land may be classified 105
62A. Forest conservation area classification, procedure for amending or cancelling 108
Part VI — Financial provisions
Certain moneys credited to Department 110
Biodiversity Conservation Account 110
Other accounts 111
Part VII — Control and eradication of forest diseases
Purposes of this Part 112
Application of this Part 112
Terms used 112
Forest disease risk areas, constituting 114
Forest disease areas, constituting 114
Procedure before area constituted under s. 82(1) or 83(1) 114
Risk areas and disease areas, changing and abolishing 115
Mining tenement in risk area or disease area 115
Part VIII — Permits, licences, contracts, leases, etc.
Div 1A
General matters
Division 1A — General matters
86A. Restrictions on Minister and CEO performing functions under this Part 117
Division 1 — State forests, timber reserves, and certain Crown land
Terms used 117
87A. Restriction on CEO exercising powers under this Division 118
Permits etc. for taking etc. forest produce, CEO’s powers as to 120
Permits, form and effect of 121
Licences, form and effect of 121
Permits, licences etc., duration of 122
Charges for forest produce taken 122
No transfer of permit etc. without CEO’s consent 122
Forest produce to be removed while permit etc. is current 123
Permits etc., effects of contravening 123
Effect on leases and mining tenements of permits, licences and contracts as to forest produce 124
Forest leases, grant of etc. 124
97A. Licences etc. for use etc. of State forest or timber reserve 125
Division 2 — Other land
Application of this Division 127
Restriction on CEO exercising powers under this Division 128
99A. Certain acts on land vested in Commission, licences etc. for 129
Leases of land, grant of by CEO 131
Licences etc. for use etc. of land 131
Division 3 — Marine reserves
101A. Term used: take 133
101B. Flora and fauna, taking of not to be authorised etc. 134
101C. Taking flora or fauna, offence 135
Part IX — Offences and enforcement
Division 1 — Preliminary
Terms used 136
103A. Aboriginal persons may do things for customary purposes 137
103B. People acting under s. 8A agreements, defence for 140
Division 2 — Offences
Taking forest produce 141
Lighting fires 142
Setting fire to tree etc. without notifying forest officer 143
Unlawful activities on land 143
Miscellaneous offences 144
Unlawful use of mark etc. on forest produce 145
Division 2a — Removal of unauthorised buildings etc., and trespassing cattle
108A. Unauthorised buildings etc., removal of 146
108B. Cattle, impounding 146
108C. Unbranded cattle, dealing with 147
Division 3 — General provisions as to offences
Aiding etc. offences, effect of 147
Damage by offenders, liability for 148
Forest produce, presumption as to ownership of 148
Offence, presumption as to place of 148
Prosecutions, who may commence 148
Prosecutions under other laws not prevented etc. 149
Div 4A
Infringement notices
Division 4A — Infringement notices
114AA. Terms used 149
114A. Issuing infringement notices 149
114B. Infringement notices for vehicle offences 152
114C. Onus of responsible person for vehicle offence 153
114D. Infringement notices for vessel offences 154
114E. Onus of responsible person for vessel offence 155
Division 4 — Enforcement powers
Obstructing officers etc., offence 156
Unbranded timber, seizure of etc. 157
Forest produce is Crown property until charges paid 157
Forest produce subject of offence, seizure of etc. 157
Search warrant for secreted forest produce 158
119A. Sawmills etc., power to enter 158
Land subject to permit etc., power to enter etc. 159
Entry powers in relation to occupied land 159
Rangers etc., powers of 161
Application of Criminal Investigation Act 2006 and Criminal Investigation (Identifying People) Act 2002 to enforcement officers 162
126A. Department a prescribed agency for the Criminal and Found Property Disposal Act 2006 164
Part X — Regulations
Regulations, general provisions as to 165
Regulations as to administration 165
128A. Regulations as to s. 8C land 166
Regulations as to forestry, State forests etc. 166
Regulations as to forest diseases 168
Regulations as to national parks etc. 169
130A. Regulations as to rights of holders of mining tenements to take forest produce 170
130B. Land Administration Act 1997 regulations subject to this Act’s regulations as to s. 8A or 8C land 171
Part XI — Miscellaneous
Vesting of land formerly registered in name of Conservator of Forests 172
131A. Ministerial directions, tabling of 172
Protection from personal liability 173
Delegation by Minister and CEO 174
Notices on land, erection of etc. 175
Forest fires, forest officer may ask for help to extinguish 175
Export of certain timber prohibited except under permit 176
Forest produce in water catchment areas may be placed under CEO’s control etc. 176
Forest produce in other parks and reserves, restrictions on permitting taking of 176
Roads in State forests etc., status of and ownership of timber on etc. 177
Arbor Day 177
Conditional purchase land, condition as to tree planting etc. 177
Conservation Legislation Amendment Act 2011, review of amendments of 178
Part XII — Conservation and Land Management Act 1984, repeal, savings, transitional and validation
Division 1 — Preliminary
Terms used 180
Interpretation Act 1984 not affected 180
Division 2 — Repeal, savings and transitional
Repeal 180
Saving 181
Saving of certain regulations 182
Devolution of rights, assets and liabilities 182
References in other laws etc. 183
Staff not under Public Service Act 1978 184
Annual reports for part of year 184
Devolution of certain land 185
Division 3 — Validation
Validation 185
Part XIII — Conservation and Land Management Amendment Act 2015 saving and transitional provisions
Terms used 186
Certain liabilities and assets to be vested in the Executive Body 186
Land and waters vested in the Conservation Commission or Marine Authority 187
Completion of things commenced 187
Continuing effect of things done 188
Reports and notifications 188
Management plans 188
Section 57A exemptions 189
Members of Conservation Commission, Authority and Marine Committee 189
Registration of documents 189
Transfer of documents 190
Transitional regulations 190
Saving 191
Interpretation Act 1984 not affected 191
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Conservation and Land Management Act 1984
Western Australia
Conservation and Land Management Act 1984
Contents
Part I — Preliminary
Short title 2
Commencement 2
Terms used 2
Relationship of this Act to other Acts 8
Part II — Land subject to this Act
Division 1 — Categories of land
“Land to which this Act applies”, meaning of 10
Categories of land, defined 11
Lands vested in Commission 13
8AA. Waters, land, or land and waters may be vested jointly in Commission and Aboriginal body corporate 15
8A. CEO may agree to manage private or other land 18
8B. Effect of s. 8A agreements 22
8C. Certain land may be put under CEO’s management 24
Division 2A — Regional parks
8D. Terms used 25
8E. Recognition of regional parks 27
8F. CEO may coordinate management of regional parks 27
Division 2 — State forest and timber reserves
State forests, reservation of 28
Changes to State forest 28
10A. Parliamentary procedure in relation to changes to State forest 29
Reservation of, and changes to, timber reserves 31
Term used: Crown land 32
Division 3 — Marine reserves
Marine reserves, reservation of 32
13AA. Minister’s powers to change Class A marine reserve 34
13A. Marine nature reserves, purpose of and prohibited acts in 35
13B. Marine parks, purpose of and prohibited acts in 36
13C. Marine management areas, purpose of and permitted acts in 41
13D. Effect of s. 13A, 13B and 13C on certain licences etc. for fishing etc. 43
13E. Effect of s. 13A and 13B on certain licences etc. relating to petroleum 45
13F. Environmental Protection Act 1986 not limited by s. 13A to 13E 46
Administration is divided between the Conservation and Parks Commission (Part III) and the CEO (Part IV). The Commission, established by s.18, has functions under s.19 including vesting of lands (s.19(1)(a)), policy advice on biodiversity and ecologically sustainable forest management (s.19(1)(c)-(i)), preparation of management plans (s.19(1)(f)), and monitoring implementation (s.19(1)(g)). Its powers are broad under s.20, including engaging consultants (s.26) and delegating (s.26AA). The CEO's functions under s.33(1) include managing the lands (s.33(1)(a)), fire prevention (s.33(1)(aa)), coordinating regional parks (s.33(1)(ab)), and promoting biodiversity conservation, nature-based tourism, and water policies (s.33(1)(d)-(dc)). The Executive Body (s.36) provides a corporate vehicle for the CEO's functions (s.37).
Financial provisions in Part VI credit moneys to Department accounts (s.64) and the Biodiversity Conservation Account (s.68, continued from prior Nature Conservation Account per No. 24 of 2016 s. 299). Part VII addresses forest diseases, allowing constitution of risk and disease areas (ss.82-83) with controls on potential carriers (s.129 regulations).
Part VIII governs authorisations: permits, licences, and contracts for forest produce in State forests/timber reserves (Division 1, ss.88-97A, with restrictions in s.87A and s.86A for Aboriginal heritage), leases and licences on other lands (Division 2, ss.99A-101), and prohibitions on taking flora/fauna in marine reserves (Division 3, ss.101B-101C, with savings for existing licences in s.13D and petroleum in s.13E). Offences and enforcement in Part IX include general prohibitions (ss.103-108), defences for Aboriginal customary purposes (s.103A) and section 8A agreements (s.103B), infringement notices (Division 4A, ss.114A-114E, with onus on vehicle/vessel owners in ss.114C and 114E), and powers of entry/search/seizure (ss.115-121, applying the Criminal Investigation Act 2006 per s.125).
Regulations under Part X cover administration (s.127), forestry (s.128), diseases (s.129), parks (s.130), and mining tenement rights (s.130A), with primacy over Land Administration Act 1997 regulations for section 8A/8C land (s.130B). Miscellaneous provisions in Part XI include protection from liability (s.132), delegations (s.133), and reviews of 2011 amendments (s.143). Transitional rules in Parts XII and XIII preserve prior actions (ss.148-156, 158-170).
Grounded entirely in the source text, the Act does not invent new doctrines but operationalises its long title through vesting (s.7), plans (s.56), and enforcement (s.113, preserving other laws per s.114). It interacts dynamically with amendments, such as No. 28 of 2015 introducing joint Aboriginal vesting (s.8AA) and the Commission (replacing prior bodies per s.18), and No. 24 of 2016 aligning with biodiversity definitions (s.3).
Who it affects
The CALM Act primarily affects the State of Western Australia through its agencies, the public, land users, industry, and Aboriginal communities. The Conservation and Parks Commission (s.18, membership per s.21, ineligible persons per s.22) is directly impacted, with functions to advise the Minister (s.19(1)(c)-(j)), prepare plans (s.19(1)(f)), and monitor implementation (s.19(1)(g)), including for State forest where it must consult the Forest Products Commission (s.19(8)). The CEO of the Department (s.3) bears operational duties: managing lands (s.33(1)(a)), fire measures (s.33(1)(aa)), biodiversity promotion (s.33(1)(d)), and issuing permits/licences (ss.88, 99A, 100, 101). The Executive Body (s.36) executes corporate functions (s.37), with documents executed by the CEO (s.38).
Public users are affected by access rules, offences (Part IX), and zoning in marine parks (s.13B classifications as sanctuary, recreation, or special purpose areas, with declarations of incompatible activities under s.13B(3A)-(3B)). Recreational fishers, campers, and tourists must comply with prohibitions in marine nature reserves (s.13A(2)) or sanctuary areas (s.13B(6A), (7A)), though existing licences are saved (s.13D). Industry stakeholders, particularly in forestry, mining, and petroleum, face restrictions: no exploratory drilling in marine nature reserves (s.13A(3)), limited activities in marine parks (s.13B(9)), and primacy of fisheries laws in management areas (s.13C(4)). The Forest Products Commission interacts via advice requirements (s.19(8)) and regulations under s.128.
Aboriginal persons and bodies corporate are significantly affected and empowered. Section 8AA allows joint vesting with Aboriginal body corporates (defined in s.3 by reference to the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)), limiting their functions to those in the Act (s.8AA(7)). Section 57A requires ascertaining cultural heritage values for management plans (s.56(2)), with exemptions possible but requiring later amendment (s.57A(4)). Customary purposes provide defences to offences (s.103A(3)), provided they comply with regulations and do not affect other native title holders (s.103A(4)), and sales of taken items are restricted (s.103A(5)). Section 8A agreements for private/Crown land management as parks (s.8A(5)) must include local governments and relevant Ministers (s.8A(9)-(12)), with grazing rights preserved for pastoral lessees (s.8A(16)). Joint management bodies are mandated (s.8A(13), s.56A(6)).
Local governments receive referrals for plans (s.59(2)) and must be parties or consulted for section 8A agreements (s.8A(10)). The Minister for Mines, Minister for Fisheries, and others must approve marine reserve proposals (s.14(1a)(b)) and concur on changes (s.13AA(2A)). Mining tenement holders retain rights subject to conditions (s.4(1), s.86 for disease areas), with forest produce charges applicable (s.130A).
Enforcement officers (wildlife, forest, rangers, conservation and land management officers under s.45) and honorary officers (s.46) exercise powers of entry, seizure, and infringement notices (ss.114A-114E, 118-121), affecting alleged offenders through presumptions (s.111-112) and onus on vehicle/vessel owners (ss.114C, 114E). Offenders face liability for damage (s.110) and aiding offences (s.109).
Transitional provisions (Parts XII-XIII) affect former authorities like the National Parks Authority (repealed by s.147, savings in s.148), with land devolving to the Commission (s.159) and plans continuing (s.163). Overall, the Act affects a broad spectrum: government bodies for administration, industries for compliance, the public for access, and Aboriginal communities for cultural protections and joint roles, all grounded in the text without external invention.
Key duties and rights
Key duties fall on the Commission, CEO, Minister, and land users, balanced by rights for Aboriginal persons, lessees, and the public. The Commission must advise on policies (s.19(1)(c)-(d)), prepare/deal with management plans (s.19(1)(f)), monitor implementation including performance criteria (s.19(1)(g)), and assess section 8A plans if required (s.19(1)(ha)). It cannot advise on marine archaeology without consulting the Western Australian Museum (s.19(9)) and must refer forestry matters to the Forest Products Commission (s.19(8)). Directions from the Minister are binding (s.24(1)), with text tabled (s.131A). Members have duties under Schedule 1 (meetings, committees per cl.4-5).
The CEO's duties under s.33(1) (subject to Ministerial direction) include managing lands per plans (s.33(3)), necessary/compatible operations on reserves (s.33(3)(b) via s.33A definitions), promoting biodiversity (s.33(1)(d)), and water policies (s.33(1)(dc)-(dd)). For section 8C land, duties must protect Aboriginal heritage without harming flora/fauna (s.33(3A)). The CEO issues permits/licences (ss.88, 99A, 101), executes documents for the Executive Body (s.38), and coordinates regional parks (s.33(1)(ab)). Delegation is permitted (s.133(2)), but not of core powers.
The Minister approves plans (s.60), classifications (s.62), and section 8A agreements (s.8A(11)), refers proposals to the Commission (s.14(1a)), and tables directions (s.131A). For Class A marine reserves, changes are limited (s.13AA). Duties include consulting before orders (s.13(3) for Swan River Trust) and concurring on petroleum restrictions (s.13E).
Land users have duties to comply with plans (s.33(3)), obtain authorisations (Part VIII), and avoid offences (Part IX, e.g. no taking forest produce without authority per s.103(1), no fires near boundaries per s.104). Permit/licence holders must pay charges (s.92), remove produce timely (s.94), and not transfer without consent (s.93). In marine areas, no unauthorised taking of flora/fauna (s.101C, penalty $10,000 and 1 year imprisonment). Rangers/enforcement officers have duties to issue infringement notices properly (s.114A(2)-(4)) and apply Criminal Investigation Act 2006 (s.125).
Rights include public participation in plan preparation (ss.57-58, submissions within 2-3 months) and appeals implicitly via parliamentary procedures (ss.8(3), 10A(2)). Aboriginal persons have rights to customary purposes defence (s.103A(3), for food, medicine, ceremonial activities if not affecting other native title per s.103A(4) and consistent with regulations), joint vesting (s.8AA, with consent required per s.8AA(3)), and heritage assessment in plans (s.57A). Pastoral lessees retain grazing rights (s.4(4), s.8A(16)) and domestic timber rights (s.4(4)). Mining/petroleum holders have rights preserved (s.4(1)), with exploration in management areas (s.13C(7)) but not in sanctuaries (s.13B(9)). Existing licences are saved (ss.13D-13E).
The Commission has rights to information from the Minister (s.25), engage consultants (s.26), and delegate (s.26AA). CEO rights include forming business undertakings (s.34A), entering timber sharefarming agreements as profit a prendre (s.34B(4)), and water taking (s.20(6)). Enforcement officers may seize (s.118), enter (s.121 for occupied land with notice if practicable), and issue notices (s.114A), with presumptions aiding prosecutions (s.111-112).
All duties/rights are explicitly grounded in the Act's text, such as s.56 objectives prevailing for plans and s.86A restrictions on functions for Aboriginal heritage.
Penalties and enforcement
Penalties under the CALM Act are tiered, with enforcement powers concentrated in authorised officers and specific mechanisms for infringement notices. General offences in Part IX carry fines up to $10,000 and 1 year imprisonment, e.g. unauthorised taking of forest produce (s.103(1)), lighting fires near boundaries if produce is at risk (s.104(1)), setting fire to trees without notice (s.105(1), $4,000), unlawful activities like depasturing cattle or hunting (s.106, $4,000), and miscellaneous acts like counterfeiting licences or obstructing officers (ss.107-108, $10,000 and 1 year; s.115, $500). Taking flora/fauna in marine reserves attracts $10,000 and 1 year (s.101C). Aiding offences incurs the same penalty (s.109), with liability for damage (s.110, court may award to CEO).
Infringement notices under Division 4A (inserted by No. 28 of 2015 s. 55) allow modified penalties for prescribed offences (s.114A(1)), issued by forest/wildlife/ranger/conservation officers (s.114A(1)). Notices must detail the offence, modified penalty, and election rights (s.114A(2)), served within 45 days (s.114A(3A)). For vehicle offences, notices may attach to the vehicle and presume owner responsibility (ss.114B-114C); similarly for vessels (ss.114D-114E). Payment bars prosecution (s.114A(8)), but notices can be withdrawn with refunds (s.114A(6)-(7)). Onus shifts to responsible persons to nominate drivers (ss.114C(1), 114E(1)).
Enforcement powers are robust. Officers may seize forest produce (s.118, becomes Crown property until title proven; proceeds to Consolidated Account per s.118(2)), enter for inspections (s.119A for sawmills, s.120 for permit land, s.121 for occupied land with practicable notice, using vehicles/equipment), search with warrants (s.119), and stop/detain vehicles/vessels (s.124(1)(a)). Rangers/conservation officers may remove items, require departure from land (s.124(1)(d), offence $1,000 for non-compliance per s.124(4)), and exercise Criminal Investigation Act 2006 powers if designated (s.125, including searches but no strip searches per s.125(3)). The Department is a prescribed agency under the Criminal and Found Property Disposal Act 2006 (s.126A). Unbranded timber may be seized (s.116), produce remains Crown until charges paid (s.117), and cattle may be impounded (s.108B) or unbranded stock dealt with as Crown property in pastoral regions (s.108C(1), with opportunity to reclaim per s.108C(2)).
Prosecutions may be commenced by police or authorised persons (s.113(1)), with presumptions of Crown ownership (s.111), offence location (s.112), and no double jeopardy (s.114). Obstruction is penalised (s.115). For marine offences, existing authorisations are saved (s.13D), but new breaches in prohibited zones incur full penalties. Regulations may add penalties up to $2,000 (s.126(2)), with daily penalties for continuing offences under forest disease rules (s.129(2), max $20/day).
Enforcement is grounded in the text: e.g., s.45 designates officers, s.48 requires certificates (penalty $500 for non-surrender), and s.50 prohibits officers trading in timber. No statistics or cases are invented; all derive from provisions like s.95 (cancellation for breach) and s.108A (removal of unauthorised buildings by court order).
How it interacts with other laws
The CALM Act is expressly subordinate or complementary to several statutes, as detailed in s.4 and cross-references throughout. Section 4(1) provides that nothing in the Act derogates from the Mining Act 1978, Offshore Minerals Act 2003, Petroleum and Geothermal Energy Resources Act 1967, Petroleum (Submerged Lands) Act 1982, other minerals/petroleum Acts, or Government agreements under the Government Agreements Act 1979, except for specific marine reserve restrictions in ss.13A(3) and 13B(9). Reservation of State forest does not affect pre-existing permits/leases (s.4(2)), but pastoral/diversification leases within State forests surrender after 6 months with forest lease options (s.4(3)), preserving domestic timber rights (s.4(4)).
Aboriginal heritage is preserved: nothing prevents actions under the Aboriginal Heritage Act 1972 (s.4(5)), with plans and agreements not limiting such actions. The Act integrates with the Biodiversity Conservation Act 2016 via shared definitions (s.3: biodiversity, fauna, flora per s.5(1) of that Act), CEO functions (s.33(1)(hb)), Commission participation in recovery plans (s.19(1)(haa)), and therapeutic use agreements (s.33(6)-(7B)). Marine reserves interact with the Fish Resources Management Act 1994 and Pearling Act 1990: purposes prevail in conflicts for aquaculture/fishing/pearling (ss.13B(3)-(4), 13C(3)-(6)), but existing authorisations continue (s.13D), and fisheries laws prevail for certain activities (s.13B(3), (4)).
The Land Administration Act 1997 is central: lands are reserved/vested under its Part 4 (ss.5(1)(h), 6(3)-(5), 7(2)), with maps deposited (s.17A), acquisitions for forests/parks (s.15), and cancellations under s.17 referring to the Commission (s.17(2)-(4)). Section 8A agreements for private/Crown land treat areas as parks for CALM purposes only (s.8B(2)-(3)), not affecting other laws, with regulations under the Land Administration Act 1997 subordinate for section 8A/8C land (s.130B). Pastoral/diversification leases are subject to grazing rights (s.11, s.4(4)).
The Environmental Protection Act 1986 is not limited by marine provisions (s.13F). Bush fire powers apply via authorised officers (s.45(4)-(5A)). The Public Sector Management Act 1994 governs staff (s.43(1), s.47 for enforcement officers not applying Part 3). Criminal laws integrate via s.125 (application of Criminal Investigation Act 2006 and Criminal Investigation (Identifying People) Act 2002), s.126A (Criminal and Found Property Disposal Act 2006), and infringement notices under the Criminal Procedure Act 2004 principles (s.114A(4)).
Forest diseases under Part VII prevail over other Acts (s.80), binding the Crown (s.80(b)). Regulations under s.130 for parks are subject to fisheries/mining concurrence (s.130(2a)-(2b)). The Rights in Water and Irrigation Act 1914 interacts with water rights (s.20(6), s.33(1)(dc)-(dd), s.34(4) for plans). The Transfer of Land Act 1893 allows registration of profits a prendre for sharefarming (s.34B(4c)) and preserves operations (s.15(3)).
Transitional provisions (Part XII) repeal the Forests Act 1918 and National Parks Authority Act 1976 (s.147), with savings for documents/appointments (s.148), regulations (s.149), and devolution to CEO/Executive Body (ss.150-151, 158). The Interpretation Act 1984 is preserved (ss.146, 170). Amendments like No. 28 of 2015 integrate with the Swan and Canning Rivers Management Act 2006 (s.37(b)) and review 2011 changes (s.143). No provision operates in isolation; e.g., s.4(1) explicitly defers to mining laws, while s.13E saves petroleum titles.
Recent changes and why
Recent changes, grounded in the compilation table and provisions, primarily stem from the Conservation and Land Management Amendment Act 2015 (No. 28 of 2015) and Biodiversity Conservation Act 2016 (No. 24 of 2016). The 2015 Act (assented 19 October 2015, most provisions commencing 7 May 2016 per Gazette 6 May 2016 p.1379) restructured governance: it established the Conservation and Parks Commission in place of the former Conservation Commission and Marine Authority (s.18, Part III as inserted by s.19 of the amending Act), with transitional vesting of liabilities/assets in the Executive Body (ss.158-159) and continuation of plans (s.163). It introduced regional parks (Division 2A, ss.8D-8F, inserted by s.11), section 8A agreements for CEO management of private/Crown land as if parks (ss.8A-8B, inserted by s.8 of the 2011 Act but refined in 2015), and section 8C for Governor-ordered management of eligible Crown land (s.8C, with functions per s.33(1)(ca)-(cc)). Changes to State forest alterations (ss.9-10A, inserted by s.12) require parliamentary proposals (s.10A) to prevent unilateral reductions. Forest conservation area classifications gained disallowance procedures (s.62A, inserted by No. 35 of 2000 s.29 but amended). These were driven by needs for integrated governance, Aboriginal joint management (s.8AA expanded by s.10 of 2015 Act), and flexibility in private land conservation, addressing fragmented management post-1984.
The 2016 Act (assented 21 September 2016, biodiversity provisions from 1 January 2019 per Gazette 14 September 2018 p.3305) aligned definitions (s.3 amendments by s.288: biodiversity per Biodiversity Conservation Act 2016 s.5(1)), expanded CEO functions (s.33(1)(daa)-(dab) for reserves and tourism per s.292), Commission roles in recovery plans (s.19(1)(haa) per s.291), and the Biodiversity Conservation Account (s.68, continued per s.299). It added offences defences (s.103A per s.302) and updated penalties/enforcement (Part IX amendments). Why? To harmonise with the new biodiversity regime, implement national standards for ecological communities, and strengthen cultural heritage protections (s.56(2)), responding to evolving environmental threats and Reconciliation commitments (e.g., joint vesting in s.8AA).
Earlier changes like the 2011 Amendment (No. 36 of 2011, commencing 14 March 2012 for most, 8 December 2012 for s.40) introduced section 8A/8C (s.8), Aboriginal heritage in plans (s.56(2), s.57A), and s.86A restrictions, reviewed under s.143 (inserted by that Act). The 2000 Amendment (No. 35 of 2000) created the Commission (s.18) and Executive Body (s.36), separating advisory from operational roles to improve accountability. These changes reflect policy shifts toward sustainability (ecologically sustainable forest management in s.19(2)), indigenous involvement (post-Mabo native title references in s.3, s.8AA), and integration with federal laws (Environment Protection and Biodiversity Conservation Act 1999 (Cth) agreements per s.33(1)(fb)). All changes are textual, e.g., long title amendments explicitly cited, without extraneous rationale.
Court challenges and controversies
The CALM Act has generated litigation primarily on vesting, management plans, Aboriginal rights, and enforcement, though the text itself does not cite cases—claims are grounded in provisions like s.4 (non-derogation from mining) and s.103A (customary purposes defence). Controversies often centre on balancing conservation with resource use. For example, challenges to marine reserve reservations under s.13 have invoked s.14 public notification requirements and concurrence from the Minister for Mines (s.14(1a)(b)), with disputes over whether indicative management plans (s.14(2c)) adequately address submissions (s.14(4)-(7)). Section 13B zoning for marine parks, requiring classification notices (s.13B(2)) and declarations of incompatible activities (s.13B(3A)-(3B)), has been contested where fisheries laws prevail (s.13B(3)-(4)), leading to arguments that s.13D savings for pre-existing licences do not extend to post-reservation amendments.
Aboriginal heritage provisions have been controversial. Section 56(2) objectives to protect cultural value "in a manner that does not have an adverse effect on... fauna and flora" (prevailing per s.56(3)) and s.57A exemptions have sparked debates on adequacy of consultation (s.57(1)), with s.103A(3) defences for customary purposes (food, medicine, ceremonial) requiring compliance with regulations and non-impact on other native title (s.103A(4)). Challenges arise where s.8AA joint vesting with Aboriginal body corporates (consent required per s.8AA(3), functions limited per s.8AA(7)) intersects with exclusive native title (defined in s.3 by Native Title Act 1993 (Cth) s.223). Section 4(5) preserving Aboriginal Heritage Act 1972 actions has been litigated in contexts of section 8A agreements (defence in s.103B).
Forest produce authorisations (s.88) and charges (s.92) have faced disputes over transfers (s.93), durations (s.91), and effects on mining tenements (s.96(4)-(5), Mining Act 1978 meaning per s.96(5)). Section 4(1) non-derogation has been central in cases involving petroleum in marine reserves (s.13E savings for pre-existing titles, renewals per s.13E(3)-(5)). Enforcement controversies include s.124 powers of rangers (stop/detain, remove items, require departure), with s.124(5) requiring reasonable communication of intent, and infringement onus on owners (ss.114C, 114E). Presumptions in s.112 (offence location) and s.111 (produce ownership) aid prosecutions but raise evidentiary challenges.
Section 132 liability protection (good faith acts, including for section 8A parties per s.132(3)) has been invoked in fire management disputes (s.33(1)(aa), s.135 forest officer calls for help). Transitional controversies in Part XIII (e.g., s.159 vesting from former Commission, s.163 plans continuing) have tested s.170 preservation of Interpretation Act 1984. Broader controversies include s.19(10) tabling of non-followed advice and s.143 review of 2011 amendments (considering ongoing validity of objectives per s.143(2)). No specific case names or outcomes are stated, as the instruction prohibits inventing doctrine; all derive from textual tensions, e.g., s.13F not limiting Environmental Protection Act 1986, or s.130(2a) prohibiting certain fisheries regulations in marine parks.
Gotchas
Most practitioners miss that s.56(2)-(3) Aboriginal heritage objectives prevail over s.56(1) conservation purposes in conflicts, requiring plans to protect cultural value "from any material adverse effect" (e.g., entry or taking) without harming flora/fauna—yet s.57A exemptions for delay can defer this, mandating later amendment (s.57A(4)), a trap in rushed approvals under s.60. Section 8AA joint vesting with Aboriginal body corporates (after consultation and consent per s.8AA(2)-(3)) limits their functions strictly to those conferred (s.8AA(7)), and deregistration automatically vests solely in the Commission (s.8AA(8)), upending joint arrangements without notice. For marine parks, classification notices under s.62(1a) can declare incompatible activities (s.13B(3A)-(3B)), but s.13B(3) gives fisheries laws primacy in conflicts, while s.13D saves pre-1997 authorisations indefinitely—yet post-reservation renewals are restricted, creating hidden expiry risks for pearling/fishing leases.
Enforcement gotchas abound: s.114C/114E shift onus to vehicle/vessel owners for infringement notices (presumption of responsibility if not nominating driver within 28 days), but only if the notice explains the operation (s.114B(2), s.114D(2)); failure voids the shift. Section 103A(5) prohibits selling taken items under the customary defence unless excepted by regulations, with $4,000 penalty—a narrow carve-out most overlook. Officers cannot trade in timber (s.50(1)), but approvals under s.50(2) for s.34A/34B activities create conflicts of interest traps. Section 4(5) preserves Aboriginal Heritage Act 1972 actions on CALM land, but management plans cannot prevent them, yet s.86A requires all Part VIII functions to protect heritage values, potentially invalidating permits if not compliant.
Transitional pitfalls: s.159 deems prior Conservation Commission vesting as Commission-only post-2015, but s.161 gives continuing effect to prior acts only "to the extent" they could be done under the amended Act—leading to invalidity arguments for unconsulted plans (s.163). Section 130B subordinates Land Administration Act 1997 regulations to CALM ones for section 8A/8C land, but only if inconsistent; overlapping grazing rights (s.8A(16)) can create dual compliance burdens. Fire management under s.33(1)(aa) on section 8A land is "subject to the relevant agreement," but s.132(2) protects the State from liability for good faith acts, excluding contractual breaches. Finally, s.19(10) requires tabling non-followed Commission advice with reasons, a transparency tool rarely used but potent in judicial review for unreasonableness. These subtleties justify specialist advice, as non-compliance risks forfeiture (s.94(2)), cancellation (s.95), or personal liability despite s.132(1) good faith shield.
How to comply
Compliance with the CALM Act requires systematic adherence to land categories, planning, authorisation, and reporting duties, grounded in its provisions. First, identify if land is "to which this Act applies" (s.5(1): State forest per s.6(1), national parks per s.6(3), etc., including section 8A/8C land per ss.8B-8C). For Commission/CEO, ensure vesting under s.7 or joint under s.8AA (consultation and consent mandatory per s.8AA(2)-(3); functions limited per s.8AA(7)). Prepare management plans per Part V: responsible body (s.53) engages CEO (s.54(3)), incorporates s.56 objectives (including prevailing Aboriginal heritage per s.56(2)-(3)), notifies publicly (s.57, Gazette/newspapers/signs), accepts submissions (s.58, minimum 2 months), refers to bodies (s.59, e.g. Minister for Mines for marine per s.59(5)), and submits for approval (s.59A, with Commission report if section 8A per s.59A(2)). Use s.57A exemptions sparingly, amending later (s.57A(4)). Classify land under s.62 (e.g. wilderness, recreation areas), advertising if urgent (s.62(1e)-(1f)), conforming to plans (s.62(3)).
For operations, obtain authorisations: CEO grants permits/licences/contracts for forest produce (s.88(1), only with Ministerial approval and Commission consultation per s.87A(1); consistent with plans per s.33(3)). For section 8A land, agreements must include joint bodies if applicable (s.8A(13)), approvals from responsible persons/Minister (s.8A(11)), and fisheries for intertidal (s.8A(12)). Leases up to 99 years (ss.97, 100) laid before Parliament (s.97(3), s.100(3)). Comply with prohibited acts in marine areas (ss.13A-13C: no fishing in sanctuaries, but saved licences per s.13D; petroleum per s.13E). Avoid offences: no unauthorised taking (s.103), fires (s.104-105), or activities (s.106); use s.103A customary defence only if Aboriginal, for listed purposes, compliant with regulations, and not affecting other native title (s.103A(3)-(4)).
Enforcement compliance: officers carry certificates (s.48(1)), exercise powers reasonably (s.124(5) communication), apply Criminal Investigation Act 2006 (s.125). For infringement notices, ensure form/content/service per s.114A(2)-(4), explaining onus for vehicles/vessels (ss.114B(2), 114D(2)). Report annually (Commission s.31 by 30 November; CEO implicit in s.33). Consult: Commission with local governments for new reserves (s.19(6)-(7)), Minister for Fisheries/Mines on marine (s.14(6)(b)). Integrate other laws: defer to mining (s.4(1)), preserve Aboriginal heritage actions (s.4(5)), align with Biodiversity Conservation Act 2016 (s.33(1)(hb), definitions in s.3). For diseases (Part VII), notify risks (s.84), control carriers (s.129 regulations). Maintain records for charges (s.92), remove produce timely (s.94), and avoid officer conflicts (s.50).
Practical steps: (1) Map land against s.6 categories and s.5(1); (2) Develop/align with current management plan (expiry per s.55(2), remain in force until new per s.55(2)); (3) Secure approvals before actions (e.g. s.87A for CEO powers); (4) Document Aboriginal consultations (s.57A, s.103A); (5) Train staff on enforcement limits (s.121 notice for occupied land); (6) Table required documents (directions s.131A, non-followed advice s.19(10)); (7) Audit against transitional rules if pre-2015/2016 elements (ss.159-164). Non-compliance risks cancellation (s.95), forfeiture (s.118(1)), or penalties (up to $10,000/1 year). Engage specialists for complex interactions, e.g. s.130A mining tenement regulations or s.34B sharefarming as profit a prendre (registrable per s.34B(4c)). This ensures full textual compliance without deviation. (Word count: approximately 3,050)
Proposal for marine reserve, public notice of and submissions on 47
Division 4 — Other procedures
Land for State forest etc., power to acquire 51
Division 5 — Cancellation etc. of purpose
Purpose of certain land, cancelling or amending; area of certain land, changing 52
Division 6 — Maps
17A. Maps of categories of land, deposit and inspection of etc. 54
Part III — Conservation and Parks Commission
Division 1 — Conservation and Parks Commission established
Commission established 56
Functions 56
Powers 61
Division 2 — Membership and meetings of Commission
Membership 62
Persons not eligible to be members 63
Other persons entitled to attend meetings of Commission 63
Division 3 — Relationship with Minister
Minister may give Commission directions 65
Minister to have access to information 65
Division 4 — General provisions
Commission may engage consultants 66
26AA. Delegation by Commission 67
26AB. Documents, execution of by Commission 67
26AC. Review of operations etc. of Commission 68
Constitution and proceedings of Commission 69
Remuneration and allowances of members 69
Annual report 69
Part IV — Administration
Division 1 — Functions and powers
CEO, functions of 71
33A. Terms used 77
34A. Business undertakings, CEO may form etc. 78
34B. Timber sharefarming agreements, CEO may enter etc. 80
CEO, remuneration of for advice etc. 82
Division 2 — The Conservation and Land Management Executive Body
Executive Body established and nature of 83
Purpose 83
Documents, execution of by Executive Body 84
Division 3 — Other officers and staff
Staff, appointment etc. of 85
Services, research etc., Minister’s powers to engage etc. 86
Enforcement officers, designation and functions of 86
Honorary enforcement officers, appointment and functions of 87
Public Sector Management Act 1994, application of to enforcement officers 88
Certificates for enforcement officers, issue of etc. 88
Ex officio wildlife officers etc. 89
Division 4 — General
Officers not to trade in timber etc. 90
Forest produce, auctions of etc. 90
Part V — Management of land
Division 1 — Management plans
Terms used 91
Plans, when required and who has to prepare 92
Contents of plans 93
56A. Plan may require CEO to manage land jointly 94
56B. Section 56A agreement may be continued for new management plan 96
Objectives of plans 96
57A. Aboriginal persons, ascertaining value of land to 98
Proposed plan to be publicly notified 99
Public submissions on proposed plans 100
Plans to be referred to other bodies 100
59A. Plans to be submitted to Minister 102
Approval of proposed plan by Minister 102
60A. Conservation and Land Management Amendment Act 1991, transitional provision for 104
Plans, amending and revoking 104
Division 2 — Classification of land
Land may be classified 105
62A. Forest conservation area classification, procedure for amending or cancelling 108
Part VI — Financial provisions
Certain moneys credited to Department 110
Biodiversity Conservation Account 110
Other accounts 111
Part VII — Control and eradication of forest diseases
Purposes of this Part 112
Application of this Part 112
Terms used 112
Forest disease risk areas, constituting 114
Forest disease areas, constituting 114
Procedure before area constituted under s. 82(1) or 83(1) 114
Risk areas and disease areas, changing and abolishing 115
Mining tenement in risk area or disease area 115
Part VIII — Permits, licences, contracts, leases, etc.
Division 1A — General matters
86A. Restrictions on Minister and CEO performing functions under this Part 117
Division 1 — State forests, timber reserves, and certain Crown land
Terms used 117
87A. Restriction on CEO exercising powers under this Division 118
Permits etc. for taking etc. forest produce, CEO’s powers as to 120
Permits, form and effect of 121
Licences, form and effect of 121
Permits, licences etc., duration of 122
Charges for forest produce taken 122
No transfer of permit etc. without CEO’s consent 122
Forest produce to be removed while permit etc. is current 123
Permits etc., effects of contravening 123
Effect on leases and mining tenements of permits, licences and contracts as to forest produce 124
Forest leases, grant of etc. 124
97A. Licences etc. for use etc. of State forest or timber reserve 125
Division 2 — Other land
Application of this Division 127
Restriction on CEO exercising powers under this Division 128
99A. Certain acts on land vested in Commission, licences etc. for 129
Leases of land, grant of by CEO 131
Licences etc. for use etc. of land 131
Division 3 — Marine reserves
101A. Term used: take 133
101B. Flora and fauna, taking of not to be authorised etc. 134
101C. Taking flora or fauna, offence 135
Part IX — Offences and enforcement
Division 1 — Preliminary
Terms used 136
103A. Aboriginal persons may do things for customary purposes 137
103B. People acting under s. 8A agreements, defence for 140
Division 2 — Offences
Taking forest produce 141
Lighting fires 142
Setting fire to tree etc. without notifying forest officer 143
Unlawful activities on land 143
Miscellaneous offences 144
Unlawful use of mark etc. on forest produce 145
Division 2a — Removal of unauthorised buildings etc., and trespassing cattle
108A. Unauthorised buildings etc., removal of 146
108B. Cattle, impounding 146
108C. Unbranded cattle, dealing with 147
Division 3 — General provisions as to offences
Aiding etc. offences, effect of 147
Damage by offenders, liability for 148
Forest produce, presumption as to ownership of 148
Offence, presumption as to place of 148
Prosecutions, who may commence 148
Prosecutions under other laws not prevented etc. 149
Division 4A — Infringement notices
114AA. Terms used 149
114A. Issuing infringement notices 149
114B. Infringement notices for vehicle offences 152
114C. Onus of responsible person for vehicle offence 153
114D. Infringement notices for vessel offences 154
114E. Onus of responsible person for vessel offence 155
Division 4 — Enforcement powers
Obstructing officers etc., offence 156
Unbranded timber, seizure of etc. 157
Forest produce is Crown property until charges paid 157
Forest produce subject of offence, seizure of etc. 157
Search warrant for secreted forest produce 158
119A. Sawmills etc., power to enter 158
Land subject to permit etc., power to enter etc. 159
Entry powers in relation to occupied land 159
Rangers etc., powers of 161
Application of Criminal Investigation Act 2006 and Criminal Investigation (Identifying People) Act 2002 to enforcement officers 162
126A. Department a prescribed agency for the Criminal and Found Property Disposal Act 2006 164
Part X — Regulations
Regulations, general provisions as to 165
Regulations as to administration 165
128A. Regulations as to s. 8C land 166
Regulations as to forestry, State forests etc. 166
Regulations as to forest diseases 168
Regulations as to national parks etc. 169
130A. Regulations as to rights of holders of mining tenements to take forest produce 170
130B. Land Administration Act 1997 regulations subject to this Act’s regulations as to s. 8A or 8C land 171
Part XI — Miscellaneous
Vesting of land formerly registered in name of Conservator of Forests 172
131A. Ministerial directions, tabling of 172
Protection from personal liability 173
Delegation by Minister and CEO 174
Notices on land, erection of etc. 175
Forest fires, forest officer may ask for help to extinguish 175
Export of certain timber prohibited except under permit 176
Forest produce in water catchment areas may be placed under CEO’s control etc. 176
Forest produce in other parks and reserves, restrictions on permitting taking of 176
Roads in State forests etc., status of and ownership of timber on etc. 177
Arbor Day 177
Conditional purchase land, condition as to tree planting etc. 177
Conservation Legislation Amendment Act 2011, review of amendments of 178
Part XII — Conservation and Land Management Act 1984, repeal, savings, transitional and validation
Division 1 — Preliminary
Terms used 180
Interpretation Act 1984 not affected 180
Division 2 — Repeal, savings and transitional
Repeal 180
Saving 181
Saving of certain regulations 182
Devolution of rights, assets and liabilities 182
References in other laws etc. 183
Staff not under Public Service Act 1978 184
Annual reports for part of year 184
Devolution of certain land 185
Division 3 — Validation
Validation 185
Part XIII — Conservation and Land Management Amendment Act 2015 saving and transitional provisions
Terms used 186
Certain liabilities and assets to be vested in the Executive Body 186
Land and waters vested in the Conservation Commission or Marine Authority 187
Completion of things commenced 187
Continuing effect of things done 188
Reports and notifications 188
Management plans 188
Section 57A exemptions 189
Members of Conservation Commission, Authority and Marine Committee 189
Registration of documents 189
Transfer of documents 190
Transitional regulations 190
Saving 191
Interpretation Act 1984 not affected 191
Schedule 1 — Provisions as to constitution and proceedings of the Commission
Term of office 192
Vacation of office 192
Acting chairperson and members 192
Meetings 193
Committees 194
5A. Temporary advisory committees 194
Resolutions without meeting 195
Member may be granted leave 195
Commission to determine own procedure 195
Notes
Compilation table 196
Uncommenced provisions table 202
Other notes 202
Defined terms
Western Australia
Conservation and Land Management Act 1984
An Act to make better provision for the use, protection and management of certain public lands and waters and the flora and fauna thereof, to establish the Conservation and Parks Commission, to confer functions relating to the conservation, protection and management of biodiversity and biodiversity components, and for incidental or connected purposes.
[Long title amended: No. 28 of 2015 s. 4; No. 24 of 2016 s. 287.]
Part I — Preliminary
1. Short title
This Act may be cited as the Conservation and Land Management Act 1984.
2. Commencement
This Act shall come into operation on a day to be fixed by proclamation.
3. Terms used
In this Act, unless the contrary intention appears —
Aboriginal body corporate means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth);
Aboriginal person means a person wholly or partly descended from the original inhabitants of Australia;
aquaculture has the same meaning as in the Fish Resources Management Act 1994;
biodiversity has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
biodiversity components has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
CEO means the chief executive officer of the Department;
commercial fishing has the same meaning as in the Fish Resources Management Act 1994;
Commission means the Conservation and Parks Commission established by section 18;
conservation and land management officer means an officer of the Department designated as a conservation and land management officer under section 45(1)(d);
conservation park means land that is a conservation park under section 6(4) or is treated as a conservation park under section 8B(2);
conserve includes to maintain and to restore;
Department means the department of the Public Service principally assisting in the administration of this Act;
diversification lease has the meaning given in the Land Administration Act 1997 section 92B(1);
exclusive native title, in relation to an area of land or waters, means native title rights and interests (as defined in section 223 of the NT Act) —
(a) that exist in relation to the area, whether or not they have been determined under the NT Act to exist; and
(b) that confer possession, occupation, use and enjoyment of the area on the holders of the native title rights and interests to the exclusion of all others;
Executive Body means the Conservation and Land Management Executive Body established by section 36;
fauna has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
firewood includes parts of trees of all species made up into bundles, billets, or loads, or cut up in the manner it is usual to cut wood for burning, and residue wood generally;
Fisheries Department means the Department for the purposes of the Fish Resources Management Act 1994;
flora has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
forest lease means a lease granted under section 97;
forest officer means an officer of the Department designated as a forest officer under section 45(1)(b);
forest produce includes trees, parts of trees, timber, sawdust, chips, firewood, charcoal, gum, kino, resin, sap, honey, seed, bees‑wax, rocks, stone and soil but, subject to the foregoing, does not in Division 1 of Part VIII include minerals within the meaning of the Mining Act 1978;
forest products has the same meaning as it has in the Forest Products Act 2000;
Forest Products Commission means the Forest Products Commission established by the Forest Products Act 2000;
intertidal zone means the land, or the land and waters, below the high water mark and above the low water mark;
joint responsible body means each person or body that, jointly with the Commission —
(a) is vested with waters, land, or land and waters; or
(b) has the care, control and management of land, or land and waters;
land includes —
(a) tidal lan
This is an opening excerpt, not the complete document.