13The *Conservation and Land Management Amendment Act 2000* Sch. 1 reads as follows:

13 The *Conservation and Land Management Amendment Act 2000* Sch. 1 reads as follows: **Schedule 1 — Transitional provisions** [s. 51] 1. Definitions In this Schedule — Authority has the meaning given in section 3 of the CALM Act, as enacted immediately before the commencement of this Act; CALM Act means the *Conservation and Land Management Act 1984*; Commission has the meaning given in section 3 of the CALM Act, as enacted immediately before the commencement of this Act; Conservation Commission means the Conservation Commission of Western Australia established by section 18 of the CALM Act, as amended by this Act; Council has the meaning given in section 3 of the CALM Act, as enacted immediately before the commencement of this Act; Executive Director has the meaning given in section 3 of the CALM Act; forest produce has the meaning given in section 3 of the CALM Act; forest products has the same meaning as it has in the Forest Products Act; Forest Products Act means the *Forest Products Act 2000*; Forest Products Commission means the Forest Products Commission established by the Forest Products Act; harvesting has the same meaning as it has in the Forest Products Act; Minister means the Minister responsible for the administration of the CALM Act. 2. Certain contracts under CALM Act for sale of forest products have effect as if entered into by Forest Products Commission (1) A contract for the sale of forest produce entered into under section 88(1)(b)(i) of the CALM Act that is in effect immediately before the commencement of this Act has effect as if it had been entered into by the Forest Products Commission instead of the Executive Director. (2) Subclause (1) applies only to the extent that the contract relates to the sale of forest products and to matters associated with that sale. (3) The terms and conditions of a contract referred to in subclause (1), including the provisions of Part VIII Division 1 of the CALM Act, continue to have effect, but the Commission may negotiate variations to the contract to ensure that the provisions of the contract are consistent with the relevant management plan and amendments to the CALM Act that come into operation on the commencement of this Act. (4) A contract referred to in subclause (1) has no effect after the relevant management plan has expired. (5) The CALM Act, as enacted immediately before the commencement of this Act, continues to have effect on and after that commencement for the purposes of a contract referred to in subclause (1), except that the references in sections 91(2), 92(5)(b), 93, 94(1) and 95(2)(b) of that Act to the Executive Director are taken to be references to the Forest Products Commission. (6) Subclause (5) ceases to apply to a contract referred to in subclause (1) if the contract is varied under subclause (3). 3. Certain contracts under CALM Act for harvesting of forest products have effect as if entered into by the Forest Products Commission (1) A contract entered into under section 88(1)(b)(ii) or section 88(1a) of the CALM Act that is in effect immediately before the commencement of this Act has effect as if it had been entered into by the Forest Products Commission instead of the Executive Director. (2) Subclause (1) applies only to the extent that the contract relates to the harvesting of forest products and to matters associated with that harvesting. (3) The terms and conditions of a contract referred to in subclause (1), including the provisions of Part VIII Division 1 of the CALM Act, continue to have effect but the Commission may negotiate variations to the contract to ensure that the provisions of the contract are consistent with the relevant management plan and amendments to the CALM Act that come into operation on the commencement of this Act. 4. Transfer of rights and obligations under certain timber sharefarming agreements under CALM Act (1) A timber sharefarming agreement referred to in section 34B of the CALM Act that is in effect immediately before the commencement of this Act has effect as if any rights, obligations or powers held by, or imposed or conferred on, the Executive Director under that agreement were rights, obligations or powers held by, or imposed or conferred on, the Forest Products Commission. (2) A timber sharefarming agreement referred to in subclause (1) entered into by the Executive Director as agent of another person has effect as if the agreement were entered into by the Forest Products Commission as agent of that person. 5. Transfer of rights and obligations under other agreements (1) Subject to clauses 2, 3 and 4, an agreement that is in effect immediately before the commencement of this Act that provides for any rights, obligations or powers to be held by, or to be imposed or conferred on, the Executive Director under the agreement as to the harvesting, sale or supply of timber or other forest produce has effect as if the rights, obligations or powers were held by, or imposed or conferred on, the Forest Products Commission. (2) An agreement referred to in subclause (1) entered into by the Executive Director as agent of another person has effect as if the agreement were entered into by the Forest Products Commission as agent of that person. (3) Subclauses (1) and (2) apply only to the extent that the agreement concerned relates to the harvesting, sale or supply of forest products and to matters associated with that harvesting, sale or supply. 6. Transfer of positions (1) The Minister, by order published in the *Gazette* within 4 weeks of the commencement of this Act, is to determine the positions, the functions or duties of which related, immediately before the commencement of this Act, to performing duties relating exclusively or primarily to — (a) the negotiation, preparation, administration and enforcement of contracts for the sale of things that are forest products; (b) the negotiation, preparation, administration and enforcement of contracts under section 88(1a) of the CALM Act in relation to things that are forest products; (c) the making of arrangements in relation to timber sharefarming agreements referred to in section 34B of the CALM Act; (d) the establishment or maintenance of plantations of forest products, plant nurseries for the production of forest products, or seed or propagation orchards of forest products; (e) the undertaking of research into the management and production of forest products in plantations; or (f) the undertaking of research into the use of forest products. (2) The Minister, by order published in the *Gazette* within 4 weeks of the commencement of this Act, may determine the positions (other than the positions determined under subclause (1)) — (a) the functions or duties of which related, immediately before the commencement of this Act, to the provision of administrative, policy or corporate services for the purposes of the performance of the duties referred to in subclause (1); and (b) that the Minister considers appropriate for transfer to the Forest Products Commission. (3) On the publication of an order under subclause (1) or (2) a position referred to in the order is transferred to the Forest Products Commission. (4) A person holding a position when it is transferred to the Forest Products Commission is to be regarded as having been engaged under section 39 of the Forest Products Act. (5) Except as otherwise agreed by a person referred to in subclause(4), the remuneration, existing or accrued rights (including the right to be employed for an indefinite period in the Public Service), rights under a superannuation scheme or terms, conditions or continuity of service of the person are not affected, prejudiced or interrupted by the operation of subclauses (3) and (4). (6) If a person referred to in subclause (4) was a contributor as defined in the *Superannuation and Family Benefits Act 1938* immediately before becoming a Commission employee, the person may continue to be a contributor under that Act after becoming a Commission employee. (7) For the purposes of subclause (6), the Forest Products Commission — (a) is a department as defined by the *Superannuation and Family Benefits Act 1938*; and (b) is to pay to the Board under that Act payments of the kind described in paragraph (i) of the proviso to the definition of ***department*** in section 6 of that Act. (8) If a transferred employee ceases to be a Commission employee, he or she is entitled to employment as a public service officer in the Department at the same level of classification as he or she held immediately before becoming a Commission employee. (9) A person does not have an entitlement under subclause (8) if his or her employment as a Commission employee was terminated, or he or she was dismissed, for substandard performance, breach of discipline or misconduct. (10) Subclause (8) does not prevent the subsequent operation of Part 6 of the *Public Sector Management Act 1994* in relation to a person who is employed in the Department under an entitlement under subclause (8). (11) When a person ceases to be a Commission employee and becomes a public service officer under an entitlement under subclause (8), his or her service as a Commission employee is to be regarded as service in the Public Service for the purposes of determining his or her rights as a public service officer and for the purposes of the *Superannuation and Family Benefits Act 1938*. (12) If no suitable vacancy is available to meet a person’s entitlement under subclause (8), circumstances attracting the operation of Part 6 of the *Public Sector Management Act 1994* are to be regarded as having arisen in relation to the person. (13) In this clause — ***Commission employee*** means a member of the staff of the Forest Products Commission; ***transferred employee*** means a person referred to in subclause (4) who, immediately before becoming a Commission employee, was employed for an indefinite period in the Public Service. 7. Reserves and other land vested in the Commission or Authority (1) The care, control and management of a reserve that, immediately before the commencement of this Act, are placed under the *Land Administration Act 1997* with the Commission or the Authority (the original placement) are, on that commencement and by this subclause, placed under that Act with the Conservation Commission subject to any interests or conditions that applied to the original placement. (2) The care, control and management of a reserve vested under a written law (other than the CALM Act) in the Commission or the Authority immediately before the commencement of this Act (the original vesting) are, on that commencement and by this subclause, placed under the *Land Administration Act 1997* with the Conservation Commission subject to any interests or conditions that applied to the original vesting. (3) Land that is vested in the Commission under section 7 of the CALM Act immediately before the commencement of this Act (the original vesting) is, on that commencement, vested under that section in the Conservation Commission subject to any interests or conditions that applied to the original vesting. (4) Land that is vested in the Authority, either solely or jointly with another body or other bodies, under section 7 of the CALM Act immediately before the commencement of this Act (the original vesting) is, on that commencement, vested under that section in the Conservation Commission, either solely or jointly with another body or other bodies, subject to any interests or conditions that applied to the original vesting. 8. Management plans A management plan prepared by the Commission or the Authority under Part V of the CALM Act that is in effect immediately before the commencement of this Act has effect as if it had been prepared by the Conservation Commission under that Part as amended by this Act. 9. Members of Commission, Authority and Council A person who holds office as a member of the Commission, the Authority or the Council immediately before the commencement of this Act ceases to hold that office on that commencement but, subject to the CALM Act as amended by this Act, is eligible to be appointed as a member of the Conservation Commission. 10. Certain regulations under CALM Act taken to have been made under Forest Products Act (1) Regulations made under the CALM Act to which this subclause applies that are in effect immediately before the commencement of this Act have effect as if they had been made under section 70 of the Forest Products Act. (2) Subject to subclause (3), subclause (1) applies to regulations that relate to — (a) the registration of timber workers; (b) identification codes for persons who fell trees in State forests or timber reserves; (c) log delivery notes; (d) the receiving by sawmills of log timber felled in State forests or timber reserves; (e) the determination of the quantity of log timber felled in State forests or timber reserves; (f) records made of log timber felled in State forests or timber reserves and received at sawmills; (g) the sale by public auction or tender of forest produce; (h) the powers of forest officers in relation to forest produce; (i) the provision of statistical information relating to forest produce taken from State forests or timber reserves; (j) the minimizing of damage to, and destruction of, forest produce in State forests or timber reserves caused by the holders of licences, permits or contracts; (k) the unauthorised destruction, cutting, injuring or removing of or interfering with seized forest produce; (l) the exporting of karri timber; (m) the making of false or misleading statements or representations, or the production of forged or counterfeit documents, for the purpose of procuring the registration of a person or an identification code; (n) the form and amendment of registers and the obtaining of copies of extracts from registers; (o) the provision of information relating to, and copies of, permits, licences or contracts; (p) fees; and (q) appeals relating to the registration of a person or an identification code. (3) If subclause (1) applies to a regulation that relates to forest produce, that subclause only has effect to the extent that the regulation relates to forest products. (4) Regulations may be made under Part X of the CALM Act to amend, repeal or repeal and replace regulations to which subclause (1) applies. 11. Registration of documents The Registrar of Titles is to take notice of the provisions of this Schedule and is empowered to record and register in the appropriate manner any necessary documents, and otherwise to give effect to this Schedule. 12. Transitional regulations (1) If there is no sufficient provision in this Act for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, or are necessary or convenient, for dealing with that transitional matter. (2) Regulations made under subclause (1) may have effect before the day on which they are published in the *Gazette*. (3) To the extent that a regulation made under subclause (1) may have effect before the day of its publication in the *Gazette*, it does not — (a) affect in a manner prejudicial to any person (other than the State, the Executive Director, the Forest Products Commission or the Conservation Commission), the rights of that person existing before the day of its publication; or (b) impose liabilities on any person (other than the State, the Executive Director, the Forest Products Commission or the Conservation Commission) in respect of anything done or omitted to be done before the day of its publication. (4) In subclause (1) — transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the CALM Act, as enacted immediately before the commencement of this Act, to — (a) the CALM Act as amended by this Act; or (b) the Forest Products Act. 13. Saving The operation of any provision of this Schedule is not to be regarded — (a) as a breach of contract or confidence or otherwise as a civil wrong; (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of property, rights or liabilities or the disclosure of information; (c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any property, right or liability; (d) as causing any contract or other instrument to be void or otherwise unenforceable; or (e) as releasing or allowing the release of any surety.