Western Australia: 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 body corporate. (3) The Minister must not make a determination under subsection (2) or (2A) unless the Aboriginal body corporate has consented to the joint vesting. (4) Land in respect of which a determination is made under subsection (2)(a) is, when reserved under the Land Administration Act 1997 Part 4, by this subsection vested jointly in the Commission and the Aboriginal body corporate. (4A) Waters, land, or land and waters, in respect of which a determination is made under subsection (2A)(a) are, when reserved under section 13, the Land Administration Act 1997 Part 4 or any other Act, by this subsection vested jointly in the Commission and the Aboriginal body corporate. (5) Land in respect of which a determination is made under subsection (2)(b) is, on and from the date of the determination or a later date that is specified in the determination, by this subsection vested jointly in the Commission and the Aboriginal body corporate. (5A) Waters, land, or land and waters, in respect of which a determination is made under subsection (2A)(b) are, on and from the date of the determination or a later date that is specified in the determination, by this subsection vested jointly in the Commission and the Aboriginal body corporate. (6) Action under subsection (5) does not change — (a) the purpose for which the land is reserved under the Land Administration Act 1997; or (b) the category of the land under this Act. (6A) Action under subsection (5A) does not change the purpose for which the waters, land, or land and waters are reserved under section 13, the Land Administration Act 1997 or any other Act. (7) In the case of waters, land, or land and waters, that are vested jointly in the Commission and an Aboriginal body corporate under subsection (4), (4A), (5) or (5A), the functions of the Aboriginal body corporate in relation to the waters, land, or land and waters are limited to those conferred on a joint responsible body by this Act. (8) If an Aboriginal body corporate in which waters, land, or land and waters are vested under this section is deregistered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth) Part 12‑1 or 12‑2, the waters, land, or land and waters cease to be vested in the Aboriginal body corporate and by this section vest solely in the Commission. (9) The Minister may revoke or amend a determination made under subsection (2) or (2A) at any time before the vesting under subsection (4), (4A), (5) or (5A) of the waters, land, or land and waters in respect of which the determination is made. [Section 8AA inserted: No. 28 of 2015 s. 10; amended: No. 27 of 2022 s. 6.] 8A. CEO may agree to manage private or other land (1) In this section — agreed area, in relation to an agreement made under this section, means the eligible land to which the agreement applies; alienated land has the meaning given in the Land Administration Act 1997 section 3(1); Crown land has the meaning given in the Land Administration Act 1997 section 3(1); eligible land means land, waters, or land and waters, that are above the low water mark and are — (a) alienated land; or (b) Crown land unless it is — (i) land to which this Act applies; or (ii) section 8C land; person responsible, for eligible land, means — (a) if the land is alienated land, each of these persons — (i) the owner; (ii) any person who has an interest in the land that is registered under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856; (iii) the lessee, if any, of the land; (b) if the land is Crown land, each of these persons — (i) the Land Administration Minister; (ii) the management body (as defined in the Land Administration Act 1997 section 3(1)), if any, of the land under that Act; (iii) the person, if any, in whom the land is vested under a written law other than that Act; (iv) the person, if any, who has the control and management of the land under a written law other than that Act; (v) the lessee, if any, of the land; (vi) if exclusive native title has been determined under the NT Act to exist in relation to the land, the registered native title body corporate (as defined in section 253 of the NT Act) in respect of the native title rights and interests concerned. (2) This section does not affect the operation of the NT Act in relation to any person who claims or holds exclusive native title or non‑exclusive native title. (3) An agreement may be made under this section in respect of Crown land that is the subject of an interest (as defined in the Land Administration Act 1997 section 3(1)) granted or entered into under that Act, notwithstanding that Act. (4) An agreement made under this section cannot apply to any land, waters, or land and waters to which a mining lease, or a general purpose lease, granted under the Mining Act 1978, applies. (5) The CEO may enter into an agreement under which the CEO agrees to manage an area of eligible land, either alone or jointly with one or more other persons — (a) as if the agreed area were one of these categories of land under this Act — (i) a State forest; (ii) a timber reserve; (iii) a national park; (iv) a conservation park; (v) a nature reserve; or (b) for a public purpose that is consistent with this Act. (6) An agreement made under this section cannot agree to manage an area of eligible land as if it were — (a) a marine management area; or (b) a marine nature reserve; or (c) a marine park. (7) An agreement made under this section may require the Commission to assess the implementation of the management plan for the agreed area. (8) The parties to an agreement made under this section must include — (a) the person responsible, or at least one of the persons responsible, for the agreed area; and (b) the CEO; and (c) if it provides for the CEO to manage the agreed area jointly with one or more other persons, each such person who is not already a party; and (d) if it requires the Commission to assess the implementation of the management plan for the agreed area, the Commission. (9) An agreement made under this section has no effect unless the Minister for Fisheries, the Minister for Forest Products, the Minister for Indigenous Affairs, the Minister for Mines and the Minister (Water Resources) have each been given — (a) in writing, notice of, and an invitation to give the CEO submissions about, the proposed agreement; and (b) a reasonable time to respond. (10) An agreement made under this section has no effect unless the local government of each local government district in which the agreed area is situated — (a) is a party to the agreement; or (b) was given, before the agreement was made — (i) in writing, notice of, and an invitation to give the CEO submissions about, the proposed agreement; and (ii) a reasonable time to respond. (11) An agreement made under this section in respect of any eligible land has no effect unless — (a) each person responsible for the land is either a party, or has given written approval, to it; and (b) the Minister has given written approval to it. (12) If the agreed area under an agreement made under this section is or includes the intertidal zone, the agreement has no effect in relation to that land unless — (a) the chief executive officer of the Fisheries Department is a party to it; or (b) the Minister for Fisheries has given written approval to it. (13) An agreement made under this section that says the CEO is to manage the agreed area jointly with another person must include, in addition to any other terms, terms that do the following — (a) establish a joint management body to manage the area; (b) state the members of the body which must include at least — (i) the CEO or a person nominated by the CEO; and (ii) a person to represent the interests of each other party to the agreement; (c) establish the body's procedures. (14) An agreement made under this section for the management of land for a public purpose that is consistent with this Act must include, in addition to any other terms, terms that — (a) state the purpose for which the agreed area is to be managed; and (b) state the policies or guidelines to be followed, and summarise the operations to be undertaken, in the management of the agreed area. (15) Subsection (16) applies if an agreement made under this section applies to land held under any of the following — (a) a pastoral lease; (b) a diversification lease any purpose of which includes the grazing of stock; (c) a lease for grazing purposes granted under the Land Administration Act 1997. (16) The lessee remains entitled to use the land for grazing purposes in accordance with the lease, except to the extent that the agreement otherwise provides. [Section 8A inserted: No. 36 of 2011 s. 8; amended: No. 28 of 2015 s. 69; No. 4 of 2023 s. 108.] 8B. Effect of s. 8A agreements (1) A section 8A agreement has no effect to the extent it binds the CEO to do anything in relation to the section 8A land concerned that is inconsistent with or contrary to the provisions of section 56(1) that relate to the land by virtue of it being treated, under subsection (2), as if it were of a category of land referred to in section 56(1). (2) If under a section 8A agreement the section 8A land concerned is to be managed as if it were land of a category listed in section 8A(5)(a) — (a) the land is to be treated under this Act as if it were land, waters, or land and waters, as the case requires, of that category and reserved for that category's purpose; and (b) the land becomes land to which this Act applies for the purposes of this Act, but — (c) the land does not become land of that category, or land reserved for that category's purpose, or land to which this Act applies, for the purposes of any written law other than this Act; and (d) sections 9 and 17 do not apply to the land; and (e) the land is not Crown land for the purposes of Part VIII Division 1 by reason only of paragraph (b) of the definition of Crown land in section 87(1); and (f) the land does not vest in the Commission; and (g) a party to the agreement who is not a person responsible for the land (as defined in section 8A(1)) is not an occupier of the land for the purposes of the Mining Act 1978; and (h) any right (whether arising before or after the agreement is made) a person has under this Act or another written law that may be exercised on or in relation to the land is not affected unless the person is a party to the agreement and the agreement provides otherwise; and (i) any right a person has under the common law to carry out recreational fishing on the land is not affected. (3) If under an agreement made under section 8A(5)(b) the section 8A land concerned is to be managed for a public purpose that is consistent with this Act, the land becomes land to which this Act applies for the purposes of this Act but — (a) the land does not become land to which this Act applies for the purposes of any written law other than this Act; and (b) section 17 does not apply to the land; and (c) the land is not Crown land for the purposes of Part VIII Division 1 by reason only of paragraph (a) of the definition of Crown land in section 87(1); and (d) a party to the agreement who is not a person responsible for the land (as defined in section 8A(1)) is not an occupier of the land for the purposes of the Mining Act 1978; and (e) any right (whether arising before or after the agreement is made) a person has under this Act or another written law that may be exercised on or in relation to the land is not affected unless the person is a party to the agreement and the agreement provides otherwise; and (f) any right a person has under the common law to carry out recreational fishing on the land is not affected. [Section 8B inserted: No. 36 of 2011 s. 8; amended: No. 28 of 2015 s. 69.] 8C. Certain land may be put under CEO's management (1) In this section — eligible land means any Crown land, as defined in the Land Administration Act 1997 section 3, that is — (a) unallocated Crown land as defined in that section; or (b) an unmanaged reserve as defined in that section; relevant provision means a provision of Part IX or of regulations made for the purposes of that Part. (2) On the recommendation of the Minister and the Land Administration Minister, the Governor, by order — (a) may — (i) place any eligible land under the management of the CEO; and (ii) specify the CEO's functions in relation to managing the land; and (b) if paragraph (a) applies — must specify any relevant provision that is to apply to the land. (2A) Without limiting subsection (2)(a)(ii) or the application of section 33(1) to section 8C land, the CEO's functions that may be specified under subsection (2)(a)(ii) include the functions referred to in section 33(1)(ca) and (cc) and any other function prescribed for the purposes of this subsection. (2B) Subject to section 102(1A)(a), a relevant provision cannot apply to eligible land that is the subject of an order made under subsection (2) unless the order specifies the provision under subsection (2)(b). (3) On the recommendation of the Minister and the Land Administration Minister, the Governor, by order, may vary or cancel an order made under subsection (2). [Section 8C inserted: No. 36 of 2011 s. 8; amended: No. 27 of 2022 s. 7.] Division 2A — Regional parks [Heading inserted: No. 28 of 2015 s. 11.] 8D. Terms used In this Division — alienated land has the meaning given in the Land Administration Act 1997 section 3(1); Crown land has the meaning given in the Land Administration Act 1997 section 3(1); eligible land means land, waters, or land and waters, that are above the low water mark and are — (a) alienated land; or (b) Crown land unless it is land to which this Act applies or section 8A land; Minister for Planning means the Minister administering the Planning and Development Act 2005; person responsible, for eligible land, means — (a) if the land is alienated land, each of these persons — (i) the owner; (ii) any person who has an interest in the land that is registered under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856; (iii) the lessee, if any, of the land; (b) if the land is Crown land, each of these persons — (i) the Land Administration Minister; (ii) the management body (as defined in the Land Administration Act 1997 section 3(1)), if any, of the land under that Act; (iii) the person, if any, in whom the land is vested under a written law other than the Land Administration Act 1997; (iv) the person, if any, who has the control and management of the land under a written law other than the Land Administration Act 1997; (v) the lessee, if any, of the land; (vi) if exclusive native title has been determined under the NT Act to exist in relation to the land, the registered native title body corporate (as defined in the NT Act section 253) in respect of the native title rights and interests concerned. [Section 8D inserted: No. 28 of 2015 s. 11.] 8E. Recognition of regional parks (1) The Minister, with the concurrence of the Minister for Planning, may by order published in the Gazette recognise as a regional park for the purposes of section 8F an area of land that the Minister considers to have regionally significant conservation, landscape protection or recreation values. (2) The area may include any or all of the following categories of land — (a) eligible land; (b) land to which this Act applies; (c) section 8A land. (3) The Minister must not include an area of eligible land in an area recognised as a regional park unless each person responsible for that area of eligible land has given written consent. [Section 8E inserted: No. 28 of 2015 s. 11.] 8F. CEO may coordinate management of regional parks (1) The CEO may coordinate the management of a regional park. (2) For the purposes of subsection (1), the Commission may through the agency of the CEO prepare a plan of management for the regional park. [Section 8F inserted: No. 28 of 2015 s. 11.] Division 2 — State forest and timber reserves 8. State forests, reservation of (1) The Governor may, by order published in the Gazette, reserve for the purpose of a State forest any Crown land, including any area which is a timber reserve. (2) The Minister shall cause a copy of any order made under subsection (1) to be laid before each House of Parliament within 6 sitting days of the House next following the publication of the order in the Gazette. (3) If each House of Parliament passes a resolution, of which notice has been given within the first 14 sitting days of the House after a copy of an order has been laid before the House under this section, that the order be disallowed, the order thereupon ceases to have effect. (4) The disallowance of the order does not affect or invalidate any act done in good faith by the Minister, or any officer performing any functions under this Act relating to the land referred to in the order, before the passing of the resolution. 9. Changes to State forest (1) Land ceases to be State forest only by virtue of an Act or in the manner provided for in subsection (3) or section 10A. (2) The purpose, or combination of purposes, notified in respect of a State forest under section 60(3)(a) or 60A cannot be amended except by virtue of an Act or in the manner provided for in section 10A. (3) The Minister, after consultation with the Commission and the Minister for Forest Products, may by order — (a) amend a State forest for the purpose of correcting one or more unsurveyed boundaries of the State forest in such a manner that the area of the State forest, if reduced at all, is reduced by not more than 5%; or (b) excise 5% or 5 hectares, whichever is the less, of the area of the State forest for the purpose of public utility works or roads; or (c) redescribe locations or lots, or adjust the areas of locations or lots, in a State forest if the external boundaries of the State forest remain unchanged; or (d) amalgamate 2 or more State forests which have similar purposes notified under section 60(3)(a) or 60A. (4) The Minister must, not less than 30 days before acting under subsection (3) or section 10A in relation to a State forest, advertise the intention to so act — (a) in a newspaper circulating throughout the State; or (b) on the Department's website. (5) On the making of an order under subsection (3)(a) or (b) excising land from a State forest, the excised land ceases to be State forest and becomes Crown land within the meaning of the Land Administration Act 1997. [Section 9 inserted: No. 28 of 2015 s. 12.] 10A. Parliamentary procedure in relation to changes to State forest (1) The Governor may cause to be laid before each House of Parliament a proposal that — (a) land comprising the whole or part of a State forest is to cease to be State forest; or (b) the purpose, or combination of purposes, notified in respect of a State forest under section 60(3)(a) or 60A be amended. (2) Either House of Parliament may, by resolution of which notice has been given within 14 sitting days of that House after a proposal has been laid before it under subsection (1), pass a resolution disallowing the proposal. (3) If a proposal is disallowed under subsection (2), the proposal lapses. (4) As soon as a proposal is no longer subject to disallowance under subsection (2), the proposal may be implemented by order of the Governor published in the Gazette. (5) It does not matter whether or not the period of 14 sitting days referred to in subsection (2) or some of them occur during — (a) the same session of Parliament; or (b) the same Parliament, as that in which the relevant proposal is laid before the House of Parliament concerned. (6) If the notice of a resolution referred to in subsection (2) is given to a House and that resolution is not lost but, before the period of 14 sitting days mentioned in subsection (2) expires, Parliament is prorogued or that House is dissolved or expires — (a) the relevant proposal does not lapse but, subject to paragraph (b)(iii), it cannot be implemented; and (b) on the commencement of the next session of Parliament — (i) the Minister may cause the proposal to be laid before that House again; and (ii) notice of a resolution disallowing the proposal may be given again in that House; and (iii) subsection (2) applies again but as if the references in subsection (2) to the period of 14 sitting days after the proposal was laid were references to the remaining sitting days after notice of a resolution disallowing the proposal is given under subparagraph (ii). (7) On the publication in the Gazette under subsection (4) of an order declaring that land ceases to be State forest, the land — (a) in the case of land acquired under section 15 and set apart as a State forest, becomes vested in the Executive Body and section 131 applies to it; and (b) in any other case, becomes Crown land within the meaning of the Land Administration Act 1997. [Section 10A inserted: No. 28 of 2015 s. 12.] 10. Reservation of, and changes to, timber reserves (1) The Governor may, by order published in the Gazette, reserve any Crown land as a timber reserve. (2) The area of a timber reserve reserved by order under subsection (1) cannot be reduced other than in the manner provided for in subsection (3) or under section 17. (3) The Minister, after consultation with the Commission and the Minister for Forest Products, may by order — (a) amend a timber reserve for the purpose of correcting one or more unsurveyed boundaries of the reserve in such a manner that the area of the land, if reduced at all, is reduced by not more than 5%; or (b) excise 5% or 5 hectares, whichever is the less, of the area of the timber reserve for the purpose of public utility works or roads; or (c) redescribe locations or lots, or adjust the areas of locations or lots, in the timber reserve if the external boundaries of the land remain unchanged; or (d) amalgamate 2 or more timber reserves. (4) The Minister must, not less than 30 days before acting under subsection (3) in relation to a timber reserve, advertise the intention to so act — (a) in a newspaper circulating throughout the State; or (b) on the Department's website. [Section 10 inserted: No. 28 of 2015 s. 13.] 11. Term used: Crown land In sections 8 and 10, Crown land means land vested in the Crown and not — (a) reserved under Part III of the Land Act 1933 1 or Part 4 of the Land Administration Act 1997; or (b) contracted to be granted or transferred in fee simple, and includes — (c) land held under pastoral leases, subject to the grazing rights of lessees; and (ca) land held under diversification leases, subject to the grazing rights of the lessee in the case of a lease any purpose of which includes the grazing of stock; and (d) land held as mining tenements under the Mining Act 1978, subject to the mining rights of the holders. [Section 11 amended: No. 20 of 1991 s. 9; No. 31 of 1997 s. 15(5); No. 4 of 2023 s. 109.] [12. Deleted: No. 20 of 1991 s. 10.] Division 3 — Marine reserves 13. Marine reserves, reservation of (1) Subject to section 14, the Governor may, by order published in the Gazette — (a) reserve any part of Western Australian waters as a marine nature reserve, a marine park or a marine management area; or (b) add any part of Western Australian waters to a marine nature reserve, a marine park or a marine management area. (2) The Minister may by order published in the Gazette — (a) amalgamate 2 or more marine nature reserves; (b) amalgamate 2 or more marine parks; (c) amalgamate 2 or more marine management areas. (3) The Minister must consult the Swan River Trust established by the Swan and Canning Rivers Management Act 2006 before the Governor acts under subsection (1) in relation to any waters that are in the development control area or the Riverpark within the meaning of that Act. (4) Subject to subsection (4a), the Governor may by the order under subsection (1) which constitutes a marine nature reserve, a marine park or a marine management area, or by a subsequent order published in the Gazette, classify the reserve, park or management area as of Class A. (4AA) Except as provided in this section, section 13AA or by an Act — (a) the purpose of a marine nature reserve, a marine park or a marine management area classified as of Class A cannot be changed; and (b) the boundaries of a marine nature reserve, a marine park or a marine management area classified as of Class A cannot be altered. (4a) A marine nature reserve, a marine park or marine management area shall not be classified as of Class A unless the Minister for Mines has agreed to a proposal by the Minister that it be so classified or, where the Minister for Mines does not agree, the Governor determines that it shall be so classified. (5) The Minister shall cause a copy of any order made under subsection (1) or (4) to be laid before each House of Parliament within 6 sitting days of the House next following publication of the order in the Gazette. (6) If either House of Parliament passes a resolution, of which notice has been given within the first 14 sitting days of the House after a copy of an order has been laid before the House under subsection (5), that the order be disallowed the order thereupon ceases to have effect. (7) The disallowance of the order does not affect or invalidate any act done in good faith by the Minister, or any officer performing any functions under this Act relating to the waters referred to in the order, before the passing of the resolution. (8) In subsection (1) Western Australian waters means all waters — (a) that are within the limits of the State; or (b) that are coastal waters of the State as defined in the Off‑shore (Application of Laws) Act 1982. (9) Without limiting section 6(6), the reservation of waters under this section as a marine nature reserve, marine park or marine management area extends to the airspace, sea‑bed, land and subsoil referred to in section 6(6)(a) and (b). (10) A reference in this Act to the reservation of, or the reservation of waters as, a marine nature reserve, marine park or marine management area includes a reference to the alteration of any boundary of the reserve, park or management area to include additional waters. [Section 13 amended: No. 21 of 1988 s. 4; No. 76 of 1988 s. 4; No. 20 of 1991 s. 11; No. 53 of 1994 s. 264; No. 5 of 1997 s. 9; No. 52 of 2006 s. 6; No. 28 of 2015 s. 14.] 13AA. Minister's powers to change Class A marine reserve (1) In this section — Class A marine reserve means a marine nature reserve, a marine park or marine management area, classified under section 13(4) as of Class A. (2) The Minister, after consultation with the Commission, may by order published in the Gazette — (a) amend a Class A marine reserve for the purpose of correcting one or more re‑surveyed or previously unsurveyed boundaries of the marine area; or (b) excise 5% or one hectare, whichever is the less, of the area of a Class A marine reserve for the purpose of public utility works. (2A) If a Class A marine reserve that is proposed to be the subject of an order under subsection (2) is vested jointly with the Commission and an Aboriginal body corporate under section 8AA(4A) or (5A), consultation under subsection (2) must include consultation with the Aboriginal body corporate. (3) The Minister must, not less than 30 days before acting under subsection (2), advertise the intention to so act — (a) in a newspaper circulating throughout the State; or (b) on the Department's website. [Section 13AA inserted: No. 28 of 2015 s. 15; amended: No. 27 of 2022 s. 8.] 13A. Marine nature reserves, purpose of and prohibited acts in (1) The reservation of a marine nature reserve shall be for — (a) the conservation of the natural environment; and (b) the protection, care and study of flora and fauna; and (c) the preservation of any feature of archaeological, historic or scientific interest. (2) Subject to section 13D, aquaculture, commercial fishing, recreational fishing and pearling activity shall not be carried out in a marine nature reserve. (3) Despite section 4(1) but subject to section 13E, exploratory drilling for, or production of, petroleum, geothermal energy resources or geothermal energy under the Petroleum and Geothermal Energy Resources Act 1967 or petroleum under the Petroleum (Submerged Lands) Act 1982 shall not be carried out in a marine nature reserve. [Section 13A inserted: No. 5 of 1997 s. 10; amended: No. 35 of 2007 s. 92(4); No. 24 of 2016 s. 289.] 13B. Marine parks, purpose of and prohibited acts in (1A) In this section — classification notice means the relevant notice under section 62(1a); recreation area means any land or waters in a marine park classified under section 62 as a recreation area; sanctuary area means any land or waters in a marine park classified under section 62 as a sanctuary area; special purpose area means any land or waters in a marine park classified under section 62 as a special purpose area. (1) The reservation of a marine park shall be for the purpose of allowing only that level of recreational and commercial activity which is consistent with the proper conservation of the natural environment, the protection of flora and fauna, the protection and conservation of the value of the marine park to the culture and heritage of Aboriginal persons and the preservation of any feature of archaeological, historic or scientific interest. (2) As soon as practicable after the reservation of a marine park the Minister shall classify the park under section 62, or divide the park into areas and classify each area under section 62, as — (a) a general use area; or (b) a sanctuary area; or (c) a recreation area; or (d) a special purpose area, in accordance with a proposal for the classification publicly notified in accordance with section 14, modified as the Minister thinks fit to give effect to submissions made under section 14. (3A) The Minister may in a classification notice classifying land or waters in a marine park as a recreation area declare the recreation area, or any part of the recreation area, to be an area where — (a) recreational fishing; or (b) recreational fishing of a type or class specified in the declaration, would be incompatible with another recreational purpose specified in the classification notice. (3B) The Minister may in a classification notice classifying land or waters in a marine park as a special purpose area declare the special purpose area, or any part of the special purpose area, to be an area where one or more of the following, as specified in the declaration, would be incompatible with a conservation purpose specified in the classification notice — (a) aquaculture; (b) commercial fishing; (c) commercial fishing of a type or class specified in the declaration; (d) recreational fishing; (e) recreational fishing of a type or class specified in the declaration; (f) pearling activity; (g) exploratory drilling for, or production of, petroleum, geothermal energy resources or geothermal energy under the Petroleum and Geothermal Energy Resources Act 1967 or petroleum under the Petroleum (Submerged Lands) Act 1982. (3) Subsections (5), (6) and (7) have effect despite anything in the Fish Resources Management Act 1994, but in the event of any other conflict or inconsistency between the purpose referred to in subsection (1) and a provision of, or an activity authorised by, the Fish Resources Management Act 1994 that relates to aquaculture or to commercial or recreational fishing, the latter prevails. (4) Subsection (8) has effect despite anything in the Pearling Act 1990, but in the event of any other conflict or inconsistency between the purpose referred to in subsection (1) and a provision of, or an activity authorised by, the Pearling Act 1990 that relates to pearling activity, the latter prevails. (5) Subject to section 13D, aquaculture shall not be carried out in — (a) a sanctuary area; or (b) a recreation area; or (c) a special purpose area which, or that part of such an area which, the Minister has declared in the classification notice to be an area where aquaculture would be incompatible with a conservation purpose spe