Conservation and Land Management Act 1984 (WA)

Western Australia Conservation and Land Management Act 1984 Western Australia Conservation and Land Management Act 1984 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Relationship of this Act to other Acts 1 Part II — Land subject to this Act Division 1 — Categories of land 5. "Land to which this Act applies", meaning of 1 6. Categories of land, defined 1 7. Lands vested in Commission 1 8AA. Waters, land, or land and waters may be vested jointly in Commission and Aboriginal body corporate 1 8A. CEO may agree to manage private or other land 1 8B. Effect of s. 8A agreements 1 8C. Certain land may be put under CEO's management 1 Division 2A — Regional parks 8D. Terms used 1 8E. Recognition of regional parks 1 8F. CEO may coordinate management of regional parks 1 Division 2 — State forest and timber reserves 8. State forests, reservation of 1 9. Changes to State forest 1 10A. Parliamentary procedure in relation to changes to State forest 1 10. Reservation of, and changes to, timber reserves 1 11. Term used: Crown land 1 Division 3 — Marine reserves 13. Marine reserves, reservation of 1 13AA. Minister's powers to change Class A marine reserve 1 13A. Marine nature reserves, purpose of and prohibited acts in 1 13B. Marine parks, purpose of and prohibited acts in 1 13C. Marine management areas, purpose of and permitted acts in 1 13D. Effect of s. 13A, 13B and 13C on certain licences etc. for fishing etc. 1 13E. Effect of s. 13A and 13B on certain licences etc. relating to petroleum 1 13F. Environmental Protection Act 1986 not limited by s. 13A to 13E 1 14. Proposal for marine reserve, public notice of and submissions on 1 Division 4 — Other procedures 15. Land for State forest etc., power to acquire 1 Division 5 — Cancellation etc. of purpose 17. Purpose of certain land, cancelling or amending; area of certain land, changing 1 Division 6 — Maps 17A. Maps of categories of land, deposit and inspection of etc. 1 Part III — Conservation and Parks Commission Division 1 — Conservation and Parks Commission established 18. Commission established 1 19. Functions 1 20. Powers 1 Division 2 — Membership and meetings of Commission 21. Membership 1 22. Persons not eligible to be members 1 23. Other persons entitled to attend meetings of Commission 1 Division 3 — Relationship with Minister 24. Minister may give Commission directions 1 25. Minister to have access to information 1 Division 4 — General provisions 26. Commission may engage consultants 1 26AA. Delegation by Commission 1 26AB. Documents, execution of by Commission 1 26AC. Review of operations etc. of Commission 1 29. Constitution and proceedings of Commission 1 30. Remuneration and allowances of members 1 31. Annual report 1 Part IV — Administration Division 1 — Functions and powers 33. CEO, functions of 1 33A. Terms used 1 34A. Business undertakings, CEO may form etc. 1 34B. Timber sharefarming agreements, CEO may enter etc. 1 35. CEO, remuneration of for advice etc. 1 Division 2 — The Conservation and Land Management Executive Body 36. Executive Body established and nature of 1 37. Purpose 1 38. Documents, execution of by Executive Body 1 Division 3 — Other officers and staff 43. Staff, appointment etc. of 1 44. Services, research etc., Minister's powers to engage etc. 1 45. Enforcement officers, designation and functions of 1 46. Honorary enforcement officers, appointment and functions of 1 47. Public Sector Management Act 1994, application of to enforcement officers 1 48. Certificates for enforcement officers, issue of etc. 1 49. Ex officio wildlife officers etc. 1 Division 4 — General 50. Officers not to trade in timber etc. 1 51. Forest produce, auctions of etc. 1 Part V — Management of land Division 1 — Management plans 53. Terms used 1 54. Plans, when required and who has to prepare 1 55. Contents of plans 1 56A. Plan may require CEO to manage land jointly 1 56B. Section 56A agreement may be continued for new management plan 1 56. Objectives of plans 1 57A. Aboriginal persons, ascertaining value of land to 1 57. Proposed plan to be publicly notified 1 58. Public submissions on proposed plans 1 59. Plans to be referred to other bodies 1 59A. Plans to be submitted to Minister 1 60. Approval of proposed plan by Minister 1 60A. Conservation and Land Management Amendment Act 1991, transitional provision for 1 61. Plans, amending and revoking 1 Division 2 — Classification of land 62. Land may be classified 1 62A. Forest conservation area classification, procedure for amending or cancelling 1 Part VI — Financial provisions 64. Certain moneys credited to Department 1 68. Biodiversity Conservation Account 1 69. Other accounts 1 Part VII — Control and eradication of forest diseases 79. Purposes of this Part 1 80. Application of this Part 1 81. Terms used 1 82. Forest disease risk areas, constituting 1 83. Forest disease areas, constituting 1 84. Procedure before area constituted under s. 82(1) or 83(1) 1 85. Risk areas and disease areas, changing and abolishing 1 86. Mining tenement in risk area or disease area 1 Part VIII — Permits, licences, contracts, leases, etc. Division 1A — General matters 86A. Restrictions on Minister and CEO performing functions under this Part 1 Division 1 — State forests, timber reserves, and certain Crown land 87. Terms used 1 87A. Restriction on CEO exercising powers under this Division 1 88. Permits etc. for taking etc. forest produce, CEO's powers as to 1 89. Permits, form and effect of 1 90. Licences, form and effect of 1 91. Permits, licences etc., duration of 1 92. Charges for forest produce taken 1 93. No transfer of permit etc. without CEO's consent 1 94. Forest produce to be removed while permit etc. is current 1 95. Permits etc., effects of contravening 1 96. Effect on leases and mining tenements of permits, licences and contracts as to forest produce 1 97. Forest leases, grant of etc. 1 97A. Licences etc. for use etc. of State forest or timber reserve 1 Division 2 — Other land 98. Application of this Division 1 99. Restriction on CEO exercising powers under this Division 1 99A. Certain acts on land vested in Commission, licences etc. for 1 100. Leases of land, grant of by CEO 1 101. Licences etc. for use etc. of land 1 Division 3 — Marine reserves 101A. Term used: take 1 101B. Flora and fauna, taking of not to be authorised etc. 1 101C. Taking flora or fauna, offence 1 Part IX — Offences and enforcement Division 1 — Preliminary 102. Terms used 1 103A. Aboriginal persons may do things for customary purposes 1 103B. People acting under s. 8A agreements, defence for 1 Division 2 — Offences 103. Taking forest produce 1 104. Lighting fires 1 105. Setting fire to tree etc. without notifying forest officer 1 106. Unlawful activities on land 1 107. Miscellaneous offences 1 108. Unlawful use of mark etc. on forest produce 1 Division 2a — Removal of unauthorised buildings etc., and trespassing cattle 108A. Unauthorised buildings etc., removal of 1 108B. Cattle, impounding 1 108C. Unbranded cattle, dealing with 1 Division 3 — General provisions as to offences 109. Aiding etc. offences, effect of 1 110. Damage by offenders, liability for 1 111. Forest produce, presumption as to ownership of 1 112. Offence, presumption as to place of 1 113. Prosecutions, who may commence 1 114. Prosecutions under other laws not prevented etc. 1 Division 4A — Infringement notices 114AA. Terms used 1 114A. Issuing infringement notices 1 114B. Infringement notices for vehicle offences 1 114C. Onus of responsible person for vehicle offence 1 114D. Infringement notices for vessel offences 1 114E. Onus of responsible person for vessel offence 1 Division 4 — Enforcement powers 115. Obstructing officers etc., offence 1 116. Unbranded timber, seizure of etc. 1 117. Forest produce is Crown property until charges paid 1 118. Forest produce subject of offence, seizure of etc. 1 119. Search warrant for secreted forest produce 1 119A. Sawmills etc., power to enter 1 120. Land subject to permit etc., power to enter etc. 1 121. Entry powers in relation to occupied land 1 124. Rangers etc., powers of 1 125. Application of Criminal Investigation Act 2006 and Criminal Investigation (Identifying People) Act 2002 to enforcement officers 1 126A. Department a prescribed agency for the Criminal and Found Property Disposal Act 2006 1 Part X — Regulations 126. Regulations, general provisions as to 1 127. Regulations as to administration 1 128A. Regulations as to s. 8C land 1 128. Regulations as to forestry, State forests etc. 1 129. Regulations as to forest diseases 1 130. Regulations as to national parks etc. 1 130A. Regulations as to rights of holders of mining tenements to take forest produce 1 130B. Land Administration Act 1997 regulations subject to this Act's regulations as to s. 8A or 8C land 1 Part XI — Miscellaneous 131. Vesting of land formerly registered in name of Conservator of Forests 1 131A. Ministerial directions, tabling of 1 132. Protection from personal liability 1 133. Delegation by Minister and CEO 1 134. Notices on land, erection of etc. 1 135. Forest fires, forest officer may ask for help to extinguish 1 136. Export of certain timber prohibited except under permit 1 137. Forest produce in water catchment areas may be placed under CEO's control etc. 1 138. Forest produce in other parks and reserves, restrictions on permitting taking of 1 139. Roads in State forests etc., status of and ownership of timber on etc. 1 141. Arbor Day 1 142. Conditional purchase land, condition as to tree planting etc. 1 143. Conservation Legislation Amendment Act 2011, review of amendments of 1 Part XII — Conservation and Land Management Act 1984, repeal, savings, transitional and validation Division 1 — Preliminary 145. Terms used 1 146. Interpretation Act 1984 not affected 1 Division 2 — Repeal, savings and transitional 147. Repeal 1 148. Saving 1 149. Saving of certain regulations 1 150. Devolution of rights, assets and liabilities 1 151. References in other laws etc. 1 152. Staff not under Public Service Act 1978 1 154. Annual reports for part of year 1 155. Devolution of certain land 1 Division 3 — Validation 156. Validation 1 Part XIII — Conservation and Land Management Amendment Act 2015 saving and transitional provisions 157. Terms used 1 158. Certain liabilities and assets to be vested in the Executive Body 1 159. Land and waters vested in the Conservation Commission or Marine Authority 1 160. Completion of things commenced 1 161. Continuing effect of things done 1 162. Reports and notifications 1 163. Management plans 1 164. Section 57A exemptions 1 165. Members of Conservation Commission, Authority and Marine Committee 1 166. Registration of documents 1 167. Transfer of documents 1 168. Transitional regulations 1 169. Saving 1 170. Interpretation Act 1984 not affected 1 Schedule 1 — Provisions as to constitution and proceedings of the Commission 1. Term of office 1 2. Vacation of office 1 3. Acting chairperson and members 1 4. Meetings 1 5. Committees 1 5A. Temporary advisory committees 1 6. Resolutions without meeting 1 7. Member may be granted leave 1 8. Commission to determine own procedure 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 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 land; and (b) tidal waters in any inlet, estuary, lagoon, river, stream or creek; and (c) the waters of any inlet, estuary, lake, lagoon or swamp or of any river, stream or creek whether flowing continuously or intermittently; Land Administration Minister means the Minister to whom the administration of the Land Administration Act 1997 is committed; land to which this Act applies has the meaning given in sections 5(1) and 8B(2) and (3); management plan means a management plan approved under section 60 or an indicative management plan approved under section 14; marine management area means waters, land, or land and waters, that are a marine management area under section 6(6); marine nature reserve means waters, land, or land and waters, that are a marine nature reserve under section 6(6); marine park means waters, land, or land and waters, that are a marine park under section 6(6); marine reserve means a marine nature reserve, a marine park or a marine management area; member means a member of the Commission; Minister for Fisheries means the Minister to whom the administration of the Fish Resources Management Act 1994 and the Pearling Act 1990 is committed, or each of the Ministers to whom their administration is committed; Minister for Forest Products means the Minister to whom the administration of the Forest Products Act 2000 is committed; Minister for Indigenous Affairs means the Minister to whom the administration of the Aboriginal Affairs Planning Authority Act 1972 and the Aboriginal Heritage Act 1972 is committed, or each of the Ministers to whom their administration is committed; Minister for Mines means the Minister to whom the administration of the Mining Act 1978, the Offshore Minerals Act 2003, the Petroleum and Geothermal Energy Resources Act 1967, the Petroleum (Submerged Lands) Act 1982 and the Petroleum Pipelines Act 1969 is committed, or each of the Ministers to whom their administration is committed; Minister (Water Resources) means the Minister administering the Water Agencies (Powers) Act 1984; national park means land that is a national park under section 6(3) or is treated as a national park under section 8B(2); nature reserve means land that is a nature reserve under section 6(5) or is treated as a nature reserve under section 8B(2); non‑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 do not 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; NT Act means the Native Title Act 1993 (Commonwealth); pastoral lease has the meaning given in the Land Administration Act 1997 section 3(1); pearling activity means pearling or hatchery activity within the meaning of the Pearling Act 1990; public road means a road as defined — (a) if the Road Traffic Act 1974 section 5(1) is in operation, in that section; or (b) otherwise, in the Road Traffic (Administration) Act 2008 section 4; public utility works means — (a) drainage, electricity, gas, sewerage, telephone and water services and any other services prescribed for the purposes of this definition; and (b) navigational aids; and (c) wharves, piers, jetties and bridges; and (d) break‑waters, slips, vessel launch ramps and associated works; and (e) widening or realignment of public roads; and (f) any other works prescribed for the purposes of this definition; public water catchment area means — (a) land which is reserved under Part 4 of the Land Administration Act 1997 for water supply purposes and the care, control and management of which are placed with the Minister (Water Resources) under that Act; or (b) a catchment area or water reserve constituted by order in council or proclamation under — (i) the Country Areas Water Supply Act 1947; or (ii) the Metropolitan Water Supply, Sewerage, and Drainage Act 1909; or (c) an Underground Water Pollution Control Area constituted by proclamation under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909; ranger means an officer of the Department designated as a ranger under section 45(1)(c); recreational fishing has the same meaning as in the Fish Resources Management Act 1994; regional park means an area recognised under section 8E as a regional park; section 8A agreement means an agreement made under section 8A; section 8A land means land, waters, or land and waters, that are the subject of a section 8A agreement; section 8C land means land that, under an order made under section 8C, is managed by the CEO; State forest means land that is a State forest under section 6(1) or is treated as a State forest under section 8B(2); timber includes trees when they have fallen or have been felled, and whether sawn, hewn, split or otherwise fashioned; timber reserve means land that is a timber reserve under section 6(2) or is treated as a timber reserve under section 8B(2); tree includes shrubs, bushes, seedlings, saplings, and re‑shoots of all kinds and of all ages; vessel has the meaning given in the Western Australian Marine Act 1982 section 3(1); wildlife officer means an officer of the Department designated as a wildlife officer under section 45(1)(a). [Section 3 amended: No. 113 of 1987 s. 32; No. 20 of 1991 s. 4; No. 49 of 1993 s. 4; No. 14 of 1996 s. 4; No. 5 of 1997 s. 4; No. 35 of 2000 s. 4; No. 12 of 2003 s. 12; No. 74 of 2003 s. 39(2); No. 28 of 2006 s. 183; No. 77 of 2006 Sch. 1 cl. 29(1); No. 35 of 2007 s. 92(2); No. 38 of 2007 s. 191(2); No. 36 of 2011 s. 4; No. 25 of 2012 s. 207(2); No. 28 of 2015 s. 5; No. 24 of 2016 s. 288; No. 27 of 2021 s. 343(2); No. 27 of 2022 s. 4; No. 4 of 2023 s. 106; No. 23 of 2023 s. 24(2).] 4. Relationship of this Act to other Acts (1) Subject to section 13A(3) and 13B(9) and without limiting section 86, 96, 121 or 128(1)(h), nothing in this Act shall derogate from the operation of the Mining Act 1978, the Offshore Minerals Act 2003, the Petroleum and Geothermal Energy Resources Act 1967, the Petroleum (Submerged Lands) Act 1982, any other Act relating to minerals or petroleum, or any Government agreement within the meaning of the Government Agreements Act 1979. (2) The reservation of land as a State forest or a timber reserve shall not, except as provided in this Act, affect any permit, lease, or licence from the Crown current and in force at the time of such reservation. (3) Notwithstanding subsection (2), all pastoral leases or diversification leases of land situated within the boundaries of a State forest shall, at the expiration of 6 months from the reservation, and by force of this section, be surrendered to the Crown; but every lessee shall during such period of 6 months have the option to acquire a forest lease of the land demised by the surrendered lease for the remainder of the term thereof, at the rent thereby reserved. (4) Nothing in this Act shall affect any right conferred by the Land Administration Act 1997 on the lessee under a pastoral lease or diversification lease to such timber as may be required for domestic purposes, for the construction of buildings, fences, stockyards, or other improvements on the land occupied under the lease. (5) Nothing in this Act or in a management plan or in a section 8A agreement — (a) prevents the CEO or any other person from taking any action permitted under the Aboriginal Heritage Act 1972 — (i) in respect of land to which this Act applies or section 8A land or section 8C land; or (ii) in respect of any decision made under that Act in respect of that land; or (b) limits any action the CEO or any other person may take under that Act in respect of that land; or (c) prevents the CEO, or any other person, who is authorised under that Act to do any act in respect of that land from doing the act. [Section 4 amended: No. 66 of 1992 s. 4; No. 5 of 1997 s. 5; No. 31 of 1997 s. 141; No. 12 of 2003 s. 13; No. 35 of 2007 s. 92(3); No. 36 of 2011 s. 5; No. 28 of 2015 s. 6; No. 27 of 2021 s. 343(3); No. 4 of 2023 s. 107; No. 23 of 2023 s. 24(3).] Part II — Land subject to this Act [Heading inserted: No. 36 of 2011 s. 6.] Division 1 — Categories of land 5. "Land to which this Act applies", meaning of (1) Where in this Act reference is made to "land to which this Act applies", the reference is to land, or land and waters, comprising — (a) State forest; and (b) timber reserves; and (c) national parks; and (ca) conservation parks; and (d) nature reserves; and (e) marine nature reserves; and (f) marine parks; and (fa) marine management areas; and (g) any other land reserved under the Land Act 1933 1 and vested under a written law in the Commission; and (h) any other land, other than excluded waters, reserved under Part 4 of the Land Administration Act 1997 the care, control and management of which are placed by order under that Part with the Commission or the Executive Body, either solely or jointly with another person or persons. (2) In subsection (1)(h) — excluded waters means — (a) the marine waters referred to in the definition of land in section 3(1) of the Land Administration Act 1997; and (b) the coastal waters of the State referred to in section 13(8)(b). [Section 5 amended: No. 20 of 1991 s. 5; No. 5 of 1997 s. 6; No. 31 of 1997 s. 15(1); No. 24 of 2000 s. 8(1); No. 74 of 2003 s. 39(3); No. 36 of 2011 s. 7; No. 28 of 2015 s. 7.] 6. Categories of land, defined (1) State forest comprises all lands that — (a) immediately before the commencement of this Act were dedicated as a State forest under section 20 of the Forests Act 1918 2; or (b) after such commencement — (i) are reserved under section 8; or (ii) are acquired and set apart under section 15, for the purpose of a State forest; or (c) under any other Act become reserved for the purpose of a State forest. (2) Timber reserves comprise all lands that — (a) immediately before the commencement of this Act were timber reserves under section 25 of the Forests Act 1918 2; or (b) after such commencement — (i) are reserved under section 10; or (ii) are acquired and set apart under section 15, for the purpose of a timber reserve; or (c) under any other Act become reserved for the purpose of a timber reserve. (3) National parks, for the purposes of this Act, comprise all lands that — (a) by section 7(3) are vested in the Commission; or (ba) are lands referred to in paragraph (a) that become vested in the Commission jointly with an Aboriginal body corporate under section 8AA(5); or (b) after the commencement of this Act are reserved under Part III of the Land Act 1933 1, or Part 4 of the Land Administration Act 1997, for the purpose of a national park and vested in the Commission by section 7(2) or 8AA(8), or in the Commission jointly with an Aboriginal body corporate under section 8AA(4) or (5); or (c) under any other Act become reserved for the purpose of a national park and vested in the Commission, either solely or jointly with an Aboriginal body corporate. (4) Conservation parks, for the purposes of this Act, comprise all lands that — (a) are reserved under the Land Act 1933 1 Part III, or the Land Administration Act 1997 Part 4, for the purpose of a conservation park and vested in the Commission under section 7(2a) or 8AA(8), or in the Commission jointly with an Aboriginal body corporate under section 8AA(4) or (5); or (b) under any other Act become reserved for the purpose of a conservation park and vested in the Commission, either solely or jointly with an Aboriginal body corporate. (5) Nature reserves, for the purposes of this Act, comprise all lands that — (a) by section 7(4), are vested in the Commission, either solely or jointly with some other body or bodies; or (b) after the commencement of this Act are reserved under Part III of the Land Act 1933 1, or Part 4 of the Land Administration Act 1997, for the conservation of flora or fauna, or both flora and fauna, and vested in the Commission by section 7(2) or 8AA(8), or in the Commission jointly with an Aboriginal body corporate under section 8AA(4) or (5); or (c) under any other Act become reserved for the conservation of flora or fauna, or both flora and fauna, and vested in the Commission, either solely or jointly with an Aboriginal body corporate. (6) Marine nature reserves, marine parks and marine management areas respectively comprise — (a) all waters that are reserved under section 13 as a marine nature reserve, a marine park or a marine management area; and (b) all land reserved under Part III of the Land Act 1933 1, or Part 4 of the Land Administration Act 1997, for the purpose of a marine nature reserve, a marine park or a marine management area; and (c) all land and waters that under any other Act become reserved for the purpose of a marine nature reserve, a marine park or a marine management area, and include — (d) the airspace above such waters or land; and (e) in the case of waters, the sea‑bed or other land beneath such waters and the subsoil below that sea‑bed or other land to a depth of 200 m; and (f) in the case of land other than waters, the subsoil below such land to a depth of 200 m. [Section 6 inserted: No. 20 of 1991 s. 6; amended: No. 5 of 1997 3 s. 7; No. 31 of 1997 s. 15(2) and (3); No. 35 of 2000 s. 50; No. 28 of 2015 s. 8 and 69.] 7. Lands vested in Commission (1A) In this section, unless the contrary intention appears — vested has the meaning assigned to it by section 19(3). (1B) This section does not apply to — (a) land that is vested under section 8AA(4) or (5); or (aa) waters, land, or land and waters, that are vested under section 8AA(4A) or (5A); or (b) section 8A land. (1) The following lands and waters are by this subsection vested in the Commission — (a) State forest; (b) timber reserves; (c) marine management areas; (d) marine nature reserves; (e) marine parks. (2) Lands which after the commencement of this Act are reserved under Part III of the Land Act 1933 1, or Part 4 of the Land Administration Act 1997, for the purpose of a national park or for the conservation of flora or fauna, or both flora and fauna, are by this subsection vested in the Commission unless — (a) the reservation is made by order; and (b) by that order — (i) the national park or nature reserve is vested, within the meaning of the Land Act 1933 1, in; or (ii) the care, control and management of the national park or nature reserve are placed under Part 4 of the Land Administration Act 1997 with, some other person or persons. (2a) A conservation park is by this subsection vested in the Commission. (3) Lands which immediately before the commencement of this Act were national parks under section 17(1)(b) or 18 of the National Parks Authority Act 1976 4 are by this subsection vested in the Commission. (4) A nature reserve under section 6(1) of the Wildlife Conservation Act 1950 which immediately before the commencement of this Act — (a) was vested, within the meaning of the Land Act 1933 1, in the Western Australian Wildlife Authority constituted under the first‑mentioned Act either solely or jointly with some other body or bodies; or (b) was not vested, within the meaning of the Land Act 1933 1, in any person, is by this subsection vested in the Commission solely or jointly with that other body or those bodies, as the case may be, but in the case of a jointly vested nature reserve — (c) the functions of any joint responsible body in relation to the nature reserve are limited to those conferred on a joint responsible body by this Act; and (d) if the interest in the reserve of a joint responsible body is divested by order under the Land Administration Act 1997 without another body being substituted for it by that order, that interest, notwithstanding that Act, by this paragraph becomes vested in the Commission. [Section 7 amended: No. 20 of 1991 s. 7; No. 5 of 1997 5 s. 8; No. 31 of 1997 s. 15(2), (4) and 141; No. 35 of 2000 s. 6 and 50; No. 74 of 2003 s. 39(4); No. 28 of 2015 s. 9, 69 and 71; No. 27 of 2022 s. 5.] 8AA. Waters, land, or land and waters may be vested jointly in Commission and Aboriginal body corporate (1) In this section — vested has the meaning assigned to it by section 19(3). (2) The Minister, after consultation with the Commission, may make a written determination that — (a) land that is proposed to be a national park, nature reserve or conservation park, or part of a national park, nature reserve or conservation park, is, when reserved under the Land Administration Act 1997 Part 4, to be vested jointly in the Commission and a specified Aboriginal body corporate; or (b) a national park, nature reserve or conservation park, or part of a national park, nature reserve or conservation park that is vested solely in the Commission, is to be vested jointly in the Commission and a specified Aboriginal body corporate. (2A) The Minister, after consultation with the Commission, may make a written determination that — (a) waters, land, or land and waters, that are proposed to be a marine reserve, or part of a marine reserve, are, when reserved under section 13, the Land Administration Act 1997 Part 4 or any other Act, to be vested jointly in the Commission and a specified Aboriginal body corporate; or (b) a marine reserve, or part of a marine reserve, that is vested solely in the Commission is to be vested jointly in the Commission and a specified Aboriginal bo