Sandalwood Act 1929
Sandalwood Regulations 1993
Reprint 1: The regulations as at 31 January 2008
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 31 January 2008 |
||
Sandalwood Regulations 1993
CONTENTS
1.Citation1
2.Terms used in these regulations1
3.Application for a licence2
4.Scope of licence3
5.Production of licence3
6.False statements3
7.Restriction on granting of sandalwood licences in certain areas4
8.Restriction on sandalwood trees that may be pulled etc.5
Notes
Compilation table6
Defined Terms
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 31 January 2008 |
||
Sandalwood Act 1929 2
Sandalwood Regulations 1993
These regulations may be cited as the Sandalwood Regulations 1993 1.
2.Terms used in these regulations
In these regulations, unless the contrary intention appears —
“alienated land” has the same meaning as in the Sandalwood Act 1929;
“conservation and land management officer” has the same meaning as in the Conservation and Land Management Act 1984;
“Crown land” has the same meaning as in the Sandalwood Act 1929;
“forest officer” has the same meaning as in the Conservation and Land Management Act 1984;
“licence” means —
(a)in relation to alienated land, a licence referred to in section 3(1)(b) of the Sandalwood Act 1929; or
(b)in relation to Crown land, a licence granted by the CEO under section 88(1)(a) of the Conservation and Land Management Act 1984,
to pull or remove sandalwood on or from that land;
“pull”, in relation to sandalwood, includes strip the bark from sandalwood;
“sandalwood” has the same meaning as in the Sandalwood Act 1929.
[Regulation 2 amended in Gazette 27 Feb 2007 p. 626.]
(1)An application for a licence to pull or remove sandalwood from alienated land or Crown land shall be made to the CEO in writing in a form approved by the CEO.
(2)An applicant shall provide the CEO with such further information as the CEO requires in any particular case.
(3)Without limiting the generality of subregulation (2), the CEO may require an application for a licence to pull or remove sandalwood on or from alienated land to be accompanied by written authorisation from the owner or occupier of the alienated land authorising the applicant to pull or remove sandalwood on or from that land.
(4)Without limiting the generality of subregulation (2), the CEO may require an application for a licence to pull or remove sandalwood on or from —
(a)any part of an area of land described in the Table to regulation 7(1); or
(b)any part of land to which regulation 8(1) applies,
to be accompanied by evidence of the lawful authority to clear the land.
[Regulation 3 amended in Gazette 3 May 1996 p. 1915; 27 Feb 2007 p. 627.]
(1)The CEO shall specify in a licence —
(a)the quantity of sandalwood that may be pulled or removed;
(b)the area of land from which sandalwood may be pulled or removed; and
(c)the period during which sandalwood may be pulled or removed,
under the licence.
(2)The CEO shall not grant a licence for a period exceeding 5 years.
(3)A licence shall expire at the end of the period specified in the licence notwithstanding the fact that the quantity of sandalwood authorised to be pulled or removed under the licence has not been pulled or removed.
[Regulation 4 amended in Gazette 3 May 1996 p. 1915; 27 Feb 2007 p. 627.]
The holder of a licence shall —
(a)carry the licence or a copy of the licence at all times while pulling or removing sandalwood pursuant to that licence; and
(b)when required to do so by a forest officer or a conservation and land management officer, produce for inspection the licence or copy of the licence to the officer.
Penalty: $2 000.
A person shall not make any statement in an application for a licence that is false or misleading in a material particular.
Penalty: $2 000.
7.Restriction on granting of sandalwood licences in certain areas
(1)Subject to subregulation (2), a licence does not authorise the pulling or removal of living sandalwood on or from any of the areas of land described in the Table to this subregulation.
Table
|
(a)Sandalwood Reserve No. 19211, Calooli Sandalwood Reserve No. 19640, Coonana Sandalwood Reserve No. 19645, Emu Rock Sandalwood Reserve No. 19764, Wallaby Rock Sandalwood Reserve No. 19825, Bullock Holes Timber Reserve No. 194/25, Randell Timber Reserve No. 198/25, Kangaroo Hills |
|
(b)Crown land within the area bounded by a line commencing from the General Post Office in Kalgoorlie and extending along the abandoned railway line to Coolgardie and then along the abandoned railway line from Coolgardie to Widgiemooltha, then across Lake Lefroy in a northeasterly direction to the Curtin railway siding on the Trans‑Australian railway line, then along the Trans‑Australian railway line to the General Post Office in Kalgoorlie |
|
(c)Crown land not referred to in paragraph (b) that is within a 20 kilometre radius of the General Post Office in |
(2)A licence may authorise the pulling or removal of living sandalwood on or from any part of an area of land described in the Table to subregulation (1) if lawful authority has been given under any written law to clear that part of land.
[Regulation 7 amended in Gazette 3 May 1996 p. 1915.]
8.Restriction on sandalwood trees that may be pulled etc.
(1)Subject to subregulation (2), a licence does not authorise the pulling or removal of living sandalwood on or from Crown land where —
(a)the sandalwood tree is less than 400 millimetres in circumference when measured over the bark at a point approximately 150 millimetres above ground level; or
(b)the log of the sandalwood tree, when stripped of bark, has a circumference of less than 380 millimetres when measured at a point approximately 150 millimetres above ground level.
(2)A licence may authorise the pulling or removal of living sandalwood on or from any part of land to which subregulation (1) applies if lawful authority has been given under any written law to clear that part of land.
[Regulation 8 amended in Gazette 3 May 1996 p. 1916.]
[9.Repealed in Gazette 3 May 1996 p. 1916.]
1This reprint is a compilation as at 31 January 2008 of the Sandalwood Regulations 1993 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Sandalwood Regulations 1993 |
9 Feb 1993 p. 1100‑2 |
9 Feb 1993 |
|
Sandalwood Amendment Regulations 1996 |
3 May 1996 p. 1915‑16 |
3 May 1996 |
|
Sandalwood Amendment Regulations 2007 |
27 Feb 2007 p. 626‑7 |
27 Feb 2007 |
|
Reprint 1: The Sandalwood Regulations 1993 as at 1 Feb 2008 (includes amendments listed above) |
||
2These regulations have effect for the purposes of the Sandalwood Act 1929 but the formal power to make them is now given by the Conservation and Land Management Act 1984 Pt. X. See also the Sandalwood Act 1929 s. 4.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
conservation and land management officer2
Crown land2
forest officer2
licence2
pull2
sandalwood2
By Authority: JOHN A. STRIJK, Government Printer