land management notice, except in Division 1 of Part 5, means a land management notice under Division 1 or an interim land management notice under Division 2 of that Part; S. 3(1) def. of land owner amended by Nos 35/1998 s. 12(1), 85/1998 s. 24(Sch. item 8), 12/2004 s. 151(1). land owner means— (a) the registered proprietor of an estate in fee simple in land under the Transfer of Land Act 1958; or (b) the owner in fee simple of land alienated by the Crown and— (i) in an identified folio under the Transfer of Land Act 1958; or (ii) not under the Transfer of Land Act 1958— and not mortgaged; or (c) a person who has the equity of redemption in land alienated by the Crown and mortgaged and— (i) in an identified folio under the Transfer of Land Act 1958; or s. 3 (ii) not under the Transfer of Land Act 1958; or * * * * * (e) the occupier, under a lease, licence or other right, of Crown land; or (f) the Roads Corporation, if land is a freeway or an arterial road within the meaning of the Road Management Act 2004; or
primary production means agriculture, apiculture, aquaculture, forestry or horticulture; S. 3(1) def. of priority area inserted by No. 67/2006 s. 3. priority area means an area declared to be a priority area under section 47A; S. 3(1) def. of priority area notice inserted by No. 67/2006 s. 3. priority area notice means a notice under section 47A; s. 3 prohibited pest animal means a prohibited pest animal under Part 8; public authority has the same meaning as in the Conservation, Forests and Lands Act 1987; region means a catchment and land protection region under Part 2; regional catchment strategy means a regional catchment strategy under Division 1 of Part 4; regionally controlled weed means a regionally controlled weed under Part 8; regionally prohibited weed means a regionally prohibited weed under Part 8; regulated pest animal means a regulated pest animal under Part 8; S. 3(1) def. of relative inserted by No. 85/2006 s. 149. relative has the same meaning as in the Water Act 1989;
(b) in the case of an unmade road on land alienated in fee simple by the Crown or Crown land occupied under a lease or licence, the land so alienated or occupied; or (c) in the case of an unmade road on Crown land not occupied under a lease or licence, the half width of the road; Secretary means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987; sell includes any of the following— (a) barter or exchange; (b) agree to sell or offer or expose for sale; s. 3 (c) receive for sale; (d) have in possession for sale; (e) send, forward or deliver for sale; (f) advertise for sale; (g) sell for re-sale; (h) cause, permit or attempt any of the acts or things mentioned in paragraphs (a) to (g); (i) give away; special area plan means a special area plan under Division 2 of Part 4; special water supply catchment area means land declared to be a special water supply catchment area under Division 2 of Part 4; State prohibited weed means a State prohibited weed under Part 8;
S. 19 amended by Nos 39/1998 s. 8, 85/2006 s. 153(1)(a)(2) (ILA s. 39B(1)). 19 Immunity of members s. 19 (1) A member of the Council or any member of the board of an Authority is not personally liable for anything done or omitted to be done in good faith— (a) in the performance of a function under this Act or the regulations; or S. 19(b) amended by No. 85/2006 s. 153(1)(b). (b) in the reasonable belief that the act or omission was in the performance of a function under this Act or the regulations. S. 19(2) inserted by No. 85/2006 s. 153(2). (2) Any liability that would, but for subsection (1), attach to a member of the board of an Authority attaches instead to the Authority of which the person is a member of the board. Pt 2 Div. 5 (Heading and ss 19A–19J) inserted by No. 85/2006 s. 154. Division 5—Other provisions relating to Catchment Management Authorities S. 19A inserted by No. 85/2006 s. 154. 19A Power of Minister to give directions (1) The Minister may give a direction to an Authority in relation to the performance of any of its functions or the exercise of any of its powers. (2) The Minister must give an Authority 14 days' notice of his or her intention to give a direction under subsection (1). (3) If the Minister gives a direction to an Authority, the Minister must make sure that notice of the giving of the direction, and a statement or summary of the contents of the direction, is published in the Government Gazette. (4) An Authority to which the Minister gives a direction must make sure that a statement or summary of the contents of the direction is included in the annual report of the Authority.
S. 19G inserted by No. 85/2006 s. 154. 19G Chief Executive Officer s. 19G (1) An Authority may appoint a person as Chief Executive Officer of the Authority. (2) A person appointed under subsection (1) must not be a member of the board of the Authority. (3) The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment. (4) The Chief Executive Officer is responsible to the Authority for the carrying out of the Authority's functions. (5) The Chief Executive Officer must comply with the directions of the Authority. S. 19H inserted by No. 85/2006 s. 154. 19H Delegation of powers of Chief Executive Officer An Authority may, by instrument, delegate to any officer or employee referred to in section 19I, any power, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation. S. 19I inserted by No. 85/2006 s. 154. 19I Employment of officers of Authorities An Authority may employ, on terms and conditions determined by the Authority, such officers and employees it considers necessary for the carrying out of its functions. S. 19J inserted by No. 85/2006 s. 154. 19J Committees established by Authorities (1) An Authority may establish— (a) a committee to advise the Authority on any matter referred by the Authority; and (b) a committee to exercise any power or perform any function, authority or discretion delegated to it by the Authority. (2) The following provisions apply to committees—
S. 58B inserted by No. 48/2010 s. 6. 58B Emergency declaration of prohibited pest animal s. 58B (1) The Minister may, by a notice published in the Government Gazette, declare an animal to be a prohibited pest animal. (2) The declaration must apply to the whole State. (3) The declaration must— (a) state that it is an emergency pest animal declaration; and (b) state the nature of the emergency; and (c) if the animal is already declared to be a pest animal of a different category, state its former category. (4) A copy of the notice must be published— (a) in a daily newspaper circulating generally in ; and (b) in a weekly newspaper circulating generally in rural ; and (c) on the Department's Internet site. (5) The Minister must not make a declaration under this section in relation to an animal unless the Minister is satisfied that urgent action is needed to protect the State from an adverse economic, environmental or social impact caused or likely to be caused by the animal. (6) If under the declaration the category of a pest animal has changed, the declaration of the former category of the pest animal ceases to have effect while the declaration made under this section is in force. (7) The Minister must revoke the declaration by a notice published in the Government Gazette as soon as possible after being satisfied that the emergency no longer exists.
(4) The Minister must not recommend an animal for declaration under this Part if the Minister is satisfied that— (a) it did not occur naturally in the wild in before European settlement; and (b) it is widely kept in as a domestic animal, pet or farm animal, or for a prescribed purpose; and (c) there is no public interest requiring control of its importation, keeping or sale. (5) Subsection (4) does not prevent the recommendation for declaration under this Part of the feral or wild population of an animal referred to in that subsection. 60 What are State prohibited weeds? s. 60 The Minister may recommend a plant for declaration as a State prohibited weed if satisfied that— (a) it does not occur in ; or (b) it occurs in but it is reasonable to expect that it can be eradicated from the State. 61 What are regionally prohibited weeds? The Minister may recommend a plant for declaration as a regionally prohibited weed in a specified region if satisfied that— S. 61(a) amended by No. 67/2006 s. 10(a). (a) it does not occur or it is not widely distributed throughout the region; and S. 61(b) amended by No. 67/2006 s. 10(b). (b) it is capable of growing or spreading further in the region; and
purposes of which the officer is appointed. S. 83A(2) inserted by No. 48/2010 s. 12(2). (2) In this section related Act means the Fisheries Act 1995, the Flora and Fauna Guarantee Act 1988 or the Wildlife Act 1975. S. 83B inserted by No. 61/2003 s. 29. 83B Announcement before entry s. 83B (1) On executing a search warrant, the authorised officer executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the land; and (b) if the authorised officer has been unable to obtain unforced entry, must give any person on the land an opportunity to allow entry to the land. (2) An authorised officer need not comply with subsection (1) if he or she believes, on reasonable grounds that immediate entry to the land is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. S. 83C inserted by No. 61/2003 s. 29. 83C Details of warrant to be given to occupier (1) If the occupier is present on land where a search warrant is being executed, the authorised officer must— (a) identify himself or herself to the occupier; and (b) give to the occupier a copy of the warrant. (2) If the occupier is not present on land where a search warrant is being executed, the authorised officer must— (a) identify himself or herself to a person on the land; and
(2) An application for a certificate must be in writing in a form approved by the Secretary and must be accompanied by a fee (if any) determined in accordance with the Conservation, Forests and Lands Act 1987 for applications of that kind. (3) As soon as possible after receiving an application for a certificate, the Secretary must give the certificate to the applicant. (4) A certificate must— (a) be in writing; and (b) describe the land to which the certificate relates; and (c) state whether, on a date specified in the certificate— (i) the land was or was not a special area; and (ii) a land management notice was or was not in force, in relation to the land; and s. 90 (iii) a special area plan applied or did not apply to the land; and (iv) a land use condition applied or did not apply to the land; and S. 90(4)(c)(v) amended by No. 61/2003 s. 32(a). (v) a regional catchment strategy applied or did not apply to the land; and S. 90(4)(d) inserted by No. 61/2003 s. 32(b). (d) if a land management notice was in force on the date specified in the certificate, be accompanied by a copy of that land management notice. (5) In proceedings under this Act, a certificate under this section is conclusive proof of the facts stated in it.
Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006 Assent Date: 29.8.06 Commencement Date: S. 61(Sch. item 5) on 30.8.06: s. 2(1) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Catchment and Land Protection (Further Amendment) Act 2006, No. 67/2006 Assent Date: 19.9.06 Commencement Date: Ss 5(2), 6, 9–12, 14, 15, 16(2), 17–20, 22, 24 on 20.9.06: s. 2(1); ss 3, 4, 5(1)(3), 7, 8, 13, 16(1), 21, 23, 25 on 24.10.06: Special Gazette (No. 284) 24.10.06 p. 1 : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Endnotes Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 11.10.06 Commencement Date: S. 26(Sch. item 8) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Water (Governance) Act 2006, No. 85/2006 Assent Date: 17.10.06 Commencement Date: Ss 149–159 on 31.10.06: Government Gazette 26.10.06 p. 2286 : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Motor Car Traders Amendment Act 2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 3) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 5) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Endnotes
Greenhouse Gas Geological Sequestration Act 2008, No. 61/2008 Assent Date: 5.11.08 Commencement Date: S. 319 on 1.12.09: Special Gazette (No. 439) 1.12.09 p. 1 : This information relates only to the provisions amending the Catchment and Land Protection Act 1994 Resources Industry Legislation Amendment Act 2009, No. 6/2009 Assent Date: 3.3.09 Commencement Date: S. 46 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2009, No. 35/2009 (as amended by No. 36/2009) Assent Date: 30.6.09 Commencement Date: Ss 11–17 on 1.7.09: s. 2(1); ss 9, 10, 18 on 1.10.10: Special Gazette (No. 398) 30.9.10 p. 1 : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2010, No. 48/2010 Assent Date: 24.8.10 Commencement Date: Ss 3–14 on 1.10.10: Government Gazette 30.9.10 p. 2286 : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Subordinate Legislation Amendment Act 2010, No. 78/2010 Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 5) on 1.1.11: s. 2(1) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.