Conservation and Land Management Act 1984

Conservation and Land Management Regulations 2002

Reprint 2: The regulations as at 5 November 2010

 


Guide for using this reprint

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Endnotes, Compilation table, and Table of provisions that have not come into operation

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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removed (because it was repealed or deleted from the law); or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

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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 5 November 2010

Conservation and Land Management Regulations 2002

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Terms used1

3.Application4

4.Lawful authority4

5.Restricted areas5

6.Designated areas6

Part 2 — Protection of the environment

Division 1 — Protection of flora and fauna

7.Limitation on restriction8

8.Unlawful taking of flora and fauna other than fish8

9.Fishing in restricted areas8

10.Feeding of fauna9

11.Restrictions on approaching certain marine fauna9

12.Possession or use of firearms, spears, restricted devices etc.9

13.Cultivation etc. prohibited11

14.Removal of plants11

Division 2 — Animals on CALM land

15.Bringing animal on to CALM land11

16.Dogs on CALM land12

17.Horses on CALM land12

18.Unlawful taking of non‑indigenous animals12

19.Removal of animal by owner or person in charge12

20.Removal of animals by authorised officer12

Division 3 — Pollution and litter

21.Discharging or depositing waste13

22.Painting or treating vessels13

23.Pollution of water supply13

24.Litter15

25.Building materials and other matter15

26.Glass in restricted areas15

27.Removal of litter etc.15

28.Cleaning, scaling etc. fish16

29.Fires and smoking in caves16

Division 4 — Disturbance of the landscape

30.Water16

31.Damage etc. to naturally occurring features17

32.Sandboarding18

33.Abseiling18

34.Unauthorised buildings etc.18

35.Unauthorised clearing19

35A.Quarrying, removing or disturbing soil etc.19

36.Dumping19

37.Damage to property19

38.Unauthorised signs20

39.Unlawful lighting of campfires etc.20

40.Authorised officer may direct that camp fire, barbecue or portable stove be extinguished21

40A.Unlawful lighting of fires — only one conviction22

Part 3 — Access to CALM land

Division 1 — General

41.Access to certain classified areas23

42.Access to limited access areas23

43.Access to wilderness areas (Act s. 62(1)(a))23

44.Direction to close area24

45.Closed area24

46.Offences relating to closed areas25

47.Entering CALM land via gates etc.25

48.Areas set aside for purposes of CEO26

49.Caves26

50.Cross country and other events27

Division 2 — Vehicles

51.Vehicles27

51A.Bicycles28

52.Off‑road vehicles29

53.Car rallies etc.29

54.Traffic laws apply29

55.Driver to obey reasonable direction30

56.Signs to be obeyed30

57.Obstructing other vehicles etc.31

Division 3 — Vessels

58.Races32

59.Moorings32

60.Anchoring vessels33

61.Operation of certain vessel in restricted area33

61A.Operation of vessels in nature reserves33

62.Safe navigation of vessels34

63.Owner to obey reasonable direction34

64.Launching, beaching and retrieving34

Division 4 — Aircraft

65.Launching or landing of aircraft36

Part 4 — Camping

66.Camping controlled37

67.Direction to vacate camp37

68.Unauthorised persons not to enter camping unit38

69.Construction and positioning of camping units38

70.Power generating devices39

71.Firewood39

Part 5 — Offensive and dangerous behaviour

72.Authorised officer may direct person to stop activity41

73.Conduct generally41

74.Offensive noise41

75.Alcohol and drugs42

76.Removal of CALM property42

Part 6 — Removal and forfeiture of unauthorised property on CALM land

77.Term used: property44

78.Authorised officers may seize and remove unauthorised property44

79.Seized property may be claimed45

80.Unclaimed property may be forfeited45

Part 6A — Management plans

81.Purposes of reserves (Act s. 55(1a))47

Part 7 — Licences

Division 1 — General

82.Term used: licence48

83.Application for licence48

84.Restriction on exercise of powers48

85.Refusal to renew licence50

86.Cancellation or suspension of licence by CEO50

87.Notice of proposed cancellation or suspension51

88.Return of licence52

Division 2 — Scientific purposes licences

89.Scientific purposes licence52

90.Application for scientific purposes licence52

91.Duration of scientific purposes licence52

92.Renewal of scientific purposes licence53

93.Conditions and restrictions53

Division 3 — Commercial operations licences

94.Commercial operations licence54

95.Application for commercial operations licence54

96.Duration of commercial operations licence55

97.Renewal of commercial operations licence55

98.Conditions55

Part 8A — Apiary permits and licences

98A.Terms used57

98B.Application of Part 8A57

98C.Applications58

98D.Maximum area of apiary site58

98E.Form of apiary authority58

98F.Duration of apiary authority59

98G.Conditions59

98H.Application of regulations to apiary sites that are not on CALM land60

98I.Other operations not affected by apiary61

98J.False or misleading information62

98K.Rent for apiary sites62

Part 8 — Fees

99.Entrance fees for motor vehicles63

99A.Landing fees for tour aircraft — Ibis Aerial Highway64

100.Entrance fees for Tree Top Walk65

100A.Entrance fees for Crystal Cave and Calgardup and Giants Caves65

101.Fees for Geikie Gorge National Park Boat Trip66

102.Fees for entry on horseback66

102A.Abseiling fee66

103.Camping fees67

103A.Companion of Companion Card holder68

104.Fees may be waived or reduced68

Part 9  Miscellaneous

105.Organised events and meetings69

106.Unlawful commercial operations69

107.Distribution of printed matter and advertising material69

108.Photography for commercial purposes70

109.Production of licences etc.70

110.False or misleading information71

111.Signs — presumption71

111A.Reasons for decisions71

112.Infringement notices71

113.Evidence72

114.Forest Management Regulations 1993 amended72

115.Repeal73

116.Saving73

Schedule 1 — Fees

Division 1 — Daily entrance fees where an entrance fee is charged

Division 2 — Fees for passes providing extended entrance to CALM land

Division 3 — Daily entrance fees for Tree Top Walk

Division 4 — Fees for Geikie Gorge National Park Boat Trip

Division 5 — Horse riding

Division 6 — Camping site fees

Division 7 — Cave entrance fees

Division 8 — Licence and permit fees

Division 9 — Fees for abseiling

Division 10 — Fees for Monkey Mia Conservation Park

Division 11 — Apiary permit and licence fees

Schedule 2 — Offences to which modified penalties apply

Division 1 — Offences under the Act

Division 2 — Offences under these regulations

Schedule 3 Forms

Notes

Compilation table90

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 5 November 2010

Conservation and Land Management Act 1984

Conservation and Land Management Regulations 2002

Part 1 Preliminary

1.Citation

These regulations may be cited as the Conservation and Land Management Regulations 2002 1.

2.Terms used

In these regulations, unless the contrary intention appears — 

aboriginal artefact means an object to which the Aboriginal Heritage Act 1972 applies;

aboriginal site means a place to which the Aboriginal Heritage Act 1972 applies;

authorised officer means a wildlife officer, forest officer, ranger, conservation and land management officer and a person appointed to an honorary office under section 46 of the Act;

bicycle has the meaning given to that term in the Road Traffic (Bicycles) Regulations 2002 regulation 3(1);

CALM land means land, or land and waters, to which these regulations apply, and includes caves and parts of caves on or under that land;

camp means —

(a)to stay or lodge (whether in a camping unit or otherwise) during any period of the night after 9.00 p.m. and before 6.00 a.m.; or

(b)to stay or lodge in a camping unit, building or structure during any period of the day after 6.00 a.m. and before 9.00 p.m.;

camping area means — 

(a)an area designated under regulation 6 for the purposes of regulation 66; or

(b)an area designated by sign as a camping area;

camping unit means a tent or other portable thing of any kind used or capable of being used for habitation, and includes a caravan or other vehicle;

caravan means a vehicle fitted or designed for habitation;

commercial operations licence means a licence issued under regulation 94;

commercial purpose means the purpose of sale for profit or any other purpose that is directed to financial gain or reward;

Companion Card means a Companion Card issued by ACROD Limited (ACN 008 445 485);

concession card means —

(a)a Seniors’ Card issued by the Office of Seniors’ Interests in this or another State or Territory; or

(b)a Pensioner Concession Card issued by Centrelink on the basis of receipt of Aged Pension, Disability Support Pension or Carer Payment; or

(c)any concession card issued by the Commonwealth Department of Veterans’ Affairs; or

(d)a Companion Card;

designated area has the meaning given by regulation 6(6);

mooring means a structure or apparatus (other than a temporary anchor) which may be used to secure a vessel;

non‑indigenous animal, in relation to a particular locality, means an animal that is not indigenous to that locality;

restricted area has the meaning given by regulation 5(6);

school holidays means the days between school terms determined for government schools under section 117 of the School Education Act 1999;

scientific purposes licence means a licence issued under regulation 89;

sell includes —

(a)sell by wholesale or retail;

(b)supply or perform for profit;

(c)receive for sale;

(d)have in possession for sale;

(e)send, forward or deliver for sale;

(f)cause or suffer or allow to be sold;

(g)dispose or offer for disposal under an hire‑purchase agreement;

services includes the supply of transport, information, instruction or supervision;

sign means a sign erected by authority of the CEO and includes lines or other markings on the ground made by authority of the CEO; and such a sign is taken to be a notice for the purposes of section 134 of the Act;

take includes —

(a)to injure, destroy or otherwise interfere with, or cause or permit the doing of any of those things; and

(b)to hunt any fauna even though no fauna is actually taken; and

(c)an attempt to take;

tree includes a tree that is dead provided the tree is still standing;

vehicle has the same meaning as in the Road Traffic Act 1974;

vessel means any thing used, or capable of being used, to move people or things by water and it does not matter —

(a)that such a thing is ordinarily stationary; or

(b)how any such thing is moved or propelled.

[Regulation 2 amended in Gazette 29 Sep 2006 p. 4304‑5 and 4334.]

3.Application

Unless otherwise stated, these regulations apply to — 

(a)land, and land and waters, specified in section 5 of the Act; and

(b)subject to section 130(2) of the Act, land which is subject to an agreement under section 16 of the Act; and

(c)land placed under the management of the CEO under section 33(2) of the Act; and

(d)land to which section 131 of the Act applies.

[Regulation 3 amended in Gazette 29 Sep 2006 p. 4305.]

4.Lawful authority

(1)The CEO may, by written notice, authorise a person to do an act that would, but for that notice, be unlawful under these regulations.

(2)A notice under subregulation (1) may be expressed to operate in specified circumstances, for a specified period or subject to any specified condition and may be amended or revoked by the CEO.

(3)In order to avoid any doubt and without limiting the meaning of the expression “without lawful authority”, it is declared that, for the purposes of these regulations, an act is done without lawful authority if it is done — 

(a)in contravention of any term or condition of a contract, permit, lease, licence, notice or other authority under the Act or these regulations; or

(b)in contravention of any term or condition of a licence or other authority under the Wildlife Conservation Act 1950; or

(c)in contravention of a direction or authority under the Agriculture and Related Resources Protection Act 1976; or

(d)in contravention of a direction or authority under the Fish Resources Management Act 1994; or

(e)in contravention of a direction, or the terms and conditions of an authority (however described), under another written law; or

(f)where the person doing the act has entered the land upon which the act is done without lawful authority.

[Regulation 4 amended in Gazette 29 Sep 2006 p. 4305 and 4334.]

5.Restricted areas

(1)The CEO may, by notice published in the Gazette —

(a)declare an area of CALM land to be a restricted area for the purposes of regulations 9 (fishing), 26 (glass), 28 (cleaning etc. fish), 39 (certain fires), 51 (vehicles), 51A (bicycles), 60 (anchoring), 61 (operation of vessels) and 64 (launching etc. of vessels) or any of those regulations; and

(b)specify which activities are prohibited or restricted in the restricted area, and the nature of the restrictions.

(2)An area may be declared to be a restricted area at all times or during a period or periods specified in the notice.

(3)Where practicable, sufficient signs are to be erected and maintained by the CEO in or in the vicinity of a restricted area indicating — 

(a)that the area is a restricted area during the periods specified in the notice; and

(b)the activities in that area that are prohibited or restricted by reason of the area being a restricted area; and

(c)if activities in the restricted area are subject to restrictions, the nature of the restrictions.

(4)The CEO may by notice published in the Gazette amend or revoke any previous notice published under this regulation.

(5)A notice published under this regulation takes effect on such day after publication as is specified in the notice.

(6)Unless the contrary intention appears, a reference in a provision of these regulations to a restricted area is a reference to an area declared to be a restricted area under subregulation (1) for the purposes of that provision.

[Regulation 5 amended in Gazette 29 Sep 2006 p. 4305‑6 and 4334.]

6.Designated areas

(1)The CEO may, by notice published in the Gazette —

(a)declare an area of CALM land to be a designated area for the purposes of regulations 16 (dogs), 17 (horses), 21(3) (discharge of sewage from a vessel), 33 (abseiling), 51 (vehicles), 51A (bicycles), 61A (vessels on nature reserves) and 66 (camping) or any of those regulations; and

(b)specify conditions which apply to the use of the designated area for those purposes.

(2)An area may be declared to be a designated area at all times or during a period or periods specified in the notice.

(3)Where practicable, sufficient signs are to be erected and maintained by the CEO in or in the vicinity of a designated area indicating — 

(a)that the area is a designated area during the periods specified in the notice; and

(b)the activities in that area that are permitted by reason of the area being a designated area; and

(c)if activities are subject to conditions, the nature of the conditions.

(4)The CEO may by notice published in the Gazette amend or revoke any previous notice published under this regulation.

(5)A notice published under this regulation takes effect on such day after publication as is specified in the notice.

(6)A reference in a provision of these regulations to a designated area is a reference to an area declared to be a designated area under subregulation (1) for the purposes of that provision.

[Regulation 6 amended in Gazette 29 Sep 2006 p. 4306 and 4334.]

Part 2Protection of the environment

Division 1Protection of flora and fauna

7.Limitation on restriction

Nothing in these regulations imposes any restriction on the taking, in a marine park or marine management area —

(a)of fish within the meaning of the Fish Resources Management Act 1994, in accordance with the provisions of that Act relating to aquaculture or commercial or recreational fishing; or

(b)of pearl oyster within the meaning of the Pearling Act 1990, in accordance with that Act,

except to the extent that the restriction relates to conduct or activity other than the taking of fish but that incidentally affects the taking of fish.

8.Unlawful taking of flora and fauna other than fish

(1)Without limiting section 106(b), a person must not, without lawful authority, take any flora or fauna on CALM land.

Penalty: $2 000.

(2)Section 101C of the Act applies to the taking of flora or fauna in a marine reserve.

(3)In subregulation (1) — 

CALM land does not include a marine reserve;

fauna does not include fish.

9.Fishing in restricted areas

(1)A person must not, without lawful authority, in a restricted area — 

(a)engage in a fishing activity prohibited in that area under regulation 5; or

(b)contravene a restriction imposed on a fishing activity in that area under regulation 5.

Penalty: $1 000.

(2)In this regulation — 

fishing activity has the same meaning as in the Fish Resources Management Act 1994.

10.Feeding of fauna

A person must not, without lawful authority, feed fauna, or entice fauna with food, on CALM land.

Penalty: $500.

11.Restrictions on approaching certain marine fauna

(1)A person in a vessel or aircraft must not, without lawful authority, herd, chase, interfere with the movement of, or otherwise prevent the free movement of, a whale, dolphin, dugong, seal, sea lion, whale shark, manta ray, marine turtle or any other marine fauna in a marine reserve.

Penalty: $2 000.

(2)A person does not contravene subregulation (1) if the person is in a vessel that is underway and fauna are riding in or on the bow wave of the vessel.

12.Possession or use of firearms, spears, restricted devices etc.

(1)A person must not, without lawful authority, have in his or her possession on CALM land a firearm or ammunition unless that thing —

(a)is completely stowed within a vehicle or vessel; and

(b)in the case of a firearm, is unloaded and disassembled.

Penalty: $1 000.

(2)A person must not, without lawful authority, have a spear, speargun, gidgie or Hawaiian sling in his or her possession in —

(a)a restricted area declared for the purposes of regulation 9; or

(b)an area classified under section 62(1a) of the Act as a sanctuary area,

unless that thing is completely stowed within a vehicle or vessel and, if it is practicable to do so, is unloaded and disassembled.

Penalty: $1 000.

(3)A person must not, without lawful authority, have in his or her possession on CALM land any restricted device that is intended to be used for the taking of fauna or that constitutes a danger to the public.

Penalty: $1 000.

(3a)A person must not, without lawful authority —

(a)discharge a firearm on CALM land; or

(b)use a spear, speargun, gidgie or Hawaiian sling in —

(i)a restricted area declared for the purposes of regulation 9; or

(ii)an area classified under section 62(1a) of the Act as a sanctuary area;

or

(c)use a restricted device on CALM land for taking fauna or in a manner that constitutes a danger to the public.

Penalty: $1 000.

(4)Nothing in this regulation prohibits a person from having or using a thing in his or her possession on CALM land where that person has lawful authority to take fauna using that thing.

(5)In this regulation —

restricted device means —

(a)a bow or cross‑bow; or

(b)an explosive, poisonous, noxious or narcotising substance; or

(c)a snare, trap or net; or

(d)any other equipment, implement, device, apparatus or other thing that is used, capable of being used, or designed or adapted for use for, or in connection with, taking fauna, and is not referred to in subregulation (1) or (2).

[Regulation 12 amended in Gazette 29 Sep 2006 p. 4306‑7; 27 Feb 2007 p. 625.]

13.Cultivation etc. prohibited

(1)A person must not, without lawful authority, plant, cultivate or abandon any plant on CALM land.

Penalty: $1 000.

(2)In subregulation (1) plant includes any part of a plant.

14.Removal of plants

(1)An authorised officer who finds a person contravening regulation 13 may direct that person then and there to remove the plant the subject of the offence, and any equipment likely to be used in the cultivation of the plant, from the land.

(2)A person must comply with a direction under subregulation (1).

Penalty: $2 000.

Division 2Animals on CALM land

[Heading amended in Gazette 29 Sep 2006 p. 4307.]

15.Bringing animal on to CALM land

Without limiting section 106(a), and subject to regulations 16 and 17, a person must not, without lawful authority — 

(a)bring an animal on to CALM land; or

(b)allow an animal to enter or remain on CALM land.

Penalty: $500.

16.Dogs on CALM land

(1)A person may bring a dog on to a designated area.

(2)A person must control and manage a dog in a designated area in accordance with conditions specified on the signs erected in or in the vicinity of that area for the purposes of regulation 6(3).

Penalty: $500.

17.Horses on CALM land

(1)A person may bring a horse on to a designated area.

(2)A person must control and manage a horse in a designated area in accordance with conditions specified on the signs erected in or in the vicinity of that area for the purposes of regulation 6(3).

Penalty: $500.

18.Unlawful taking of non‑indigenous animals

A person must not, without lawful authority, take any non‑indigenous animal on CALM land.

Penalty: $1 000.

19.Removal of animal by owner or person in charge

An owner or person in charge of an animal on CALM land in contravention of regulation 15 must remove the animal from the land when required to do so by an authorised officer.

Penalty: $500.

20.Removal of animals by authorised officer

An authorised officer may seize and remove any animal found on CALM land in contravention of regulation 15 if the authorised officer is unable to find the owner or person in charge of the animal.

[Regulation 20 amended in Gazette 29 Sep 2006 p. 4307.]

Division 3Pollution and litter

21.Discharging or depositing waste

(1)Subject to subregulations (2) and (3), a person must not, without lawful authority, cause or allow waste to be discharged or placed on CALM land.

Penalty: $2 000.

(2)Subregulation (1) does not apply to fuel discharged during the normal operation of 2 stroke outboard motors on vessels.

(3)A person may discharge sewage from a vessel in a designated area.

(4)A person must discharge sewage in a designated area in accordance with any conditions specified in respect of that discharge in the notice published under regulation 6(1) designating that area for the purposes of this regulation.

Penalty: $2 000.

(5)In subregulation (1) — 

waste means any waste which could reasonably be expected to significantly and adversely affect the land on which it is discharged or placed, and includes liquid, solid, gaseous and radioactive matter, whether useful or useless.

22.Painting or treating vessels

A person must not, without lawful authority, paint or chemically treat, or cause to be painted or chemically treated, the hull or keel of a vessel on CALM land.

Penalty: $2 000.

23.Pollution of water supply

(1)A person must not discharge or place any refuse or any poisonous, noxious or polluting matter, or cause any refuse or poisonous, noxious or polluting matter to be discharged or placed — 

(a)in any — 

(i)reservoir or tank that holds or is intended to hold water for human consumption or use on CALM land, or in any area on CALM land where the matter is likely to pass to such a reservoir or tank; or

(ii)pipe, conduit or fitting through which such water is passed or intended to be passed; or

(iii)pit, manhole or other structure containing valves, meters, fittings or connections for the distribution of such water;

or

(b)in any public water catchment area on CALM land, or in any area on CALM land where the matter is likely to pass to a public water catchment area; or

(c)except as permitted under regulation 21, in any naturally occurring water course or water body on CALM land, or in any area on CALM land where the matter is likely to pass to a naturally occurring water course or water body.

Penalty: $2 000.

(1a)Subregulation (1) does not apply to swimming or bathing in a water course or water body that is not used for storing water for human consumption.

(2)A person must not swim, bathe or wash in any reservoir or tank containing water stored for human consumption or use on CALM land.

Penalty: $500.

[Regulation 23 amended in Gazette 29 Sep 2006 p. 4308.]

24.Litter

(1)A person must not deposit litter, or cause litter to be deposited, on CALM land (unless the person deposits the litter in a place or receptacle set aside or provided by the CEO for that purpose).

Penalty: $1 000.

(2)In this regulation — 

litter has the same meaning as in the Litter Act 1979.

[Regulation 24 amended in Gazette 29 Sep 2006 p. 4334.]

25.Building materials and other matter

A person must not discharge or place building materials, soil, rocks, sand, rubble, over‑burden or waste products from any industry, or cause building materials, soil, rocks, sand, rubble, over‑burden or waste products from any industry to be discharged or placed, on CALM land.

Penalty: $2 000.

26.Glass in restricted areas

A person must not — 

(a)take, or have in his or her possession, any drinking glass, glass bottle or glass drinking implement in a restricted area where taking or possession of that item is prohibited under regulation 5; or

(b)contravene a restriction on taking or possession of glass in a restricted area imposed under regulation 5.

Penalty: $500.

27.Removal of litter etc.

(1)An authorised officer who finds a person contravening regulation 24, 25 or 26 may direct that person then and there — 

(a)to remove the thing the subject of the offence from the land; or

(b)to deposit the thing the subject of the offence in the nearest place or receptacle set aside or provided for the deposit of litter.

(2)A person must comply with a direction under subregulation (1).

Penalty: $2 000.

28.Cleaning, scaling etc. fish

A person must not, without lawful authority, in a restricted area — 

(a)clean, scale, gut or fillet fish if that activity is prohibited in that area under regulation 5; or

(b)contravene a restriction imposed on cleaning, scaling, gutting or filleting fish in that area under regulation 5.

Penalty: $200.

29.Fires and smoking in caves

(1)A person must not smoke a cigarette, cigar or pipe in any cave or part of a cave which is on or under CALM land.

Penalty: $500.

(2)A person must not light a fire in any cave or part of a cave which is on or under CALM land.

Penalty: $2 000.

Division 4Disturbance of the landscape

30.Water

(1)A person must not, without lawful authority — 

(a)take water from, or interfere with water on, CALM land; or

(b)drain any part of CALM land; or

(c)interfere with any drain on CALM land; or

(d)divert water on or onto CALM land; or

(e)make any construction for a purpose referred to in paragraph (a), (b), (c) or (d).

Penalty: $2 000.

(2)Subregulation (1)(a) does not apply to an individual who takes water for the personal needs of the individual or others associated with the individual.

[Regulation 30 amended in Gazette 29 Sep 2006 p. 4308.]

31.Damage etc. to naturally occurring features

(1)A person must not, without lawful authority — 

(a)cause any significant damage or disturbance to a naturally occurring feature on CALM land; or

(b)damage or disturb any naturally occurring feature on CALM land in a way that causes, or creates a potential for, adverse consequences to or in relation to CALM land; or

(c)remove any naturally occurring feature from CALM land.

Penalty: $2 000.

(2)An authorised officer who believes on reasonable grounds that a naturally occurring feature found in the possession of a person is involved in the commission of an offence against subregulation (1) may direct that person to surrender the naturally occurring feature to the authorised officer immediately.

(3)A person must comply with a direction under subregulation (2).

Penalty: $2 000.

(4)In this regulation — 

naturally occurring feature includes —

(a)a fossil; and

(b)a mineral specimen, meteorite and tektite; and

(c)a speleotherm and speleogen; and

(d)a termite mound; and

(e)guano; and

(f)a stromatolite, sedimentary deposit associated with stromatolites or other sedimentary deposit, and cyano‑bacteria responsible for building stromatolites which are present in stromatolites; and

(g)dead marine shell, dead coral, dead sea urchin, coralline algae and live coral organisms living in dead coral.

32.Sandboarding

A person must not, without lawful authority, on CALM land use a board or other object to slide down a slope.

Penalty: $500.

33.Abseiling

A person must not, without lawful authority, abseil on CALM land except in a designated area.

Penalty: $500.

[Regulation 33 amended in Gazette 29 Sep 2006 p. 4308.]

34.Unauthorised buildings etc.

(1)A person must not, without lawful authority, erect or place any structure on CALM land.

Penalty: $2 000.

(2)In subregulation (1) structure includes any building, tramline, fence, post, pipeline, jetty, mooring, pontoon, cairn, memorial, ramp, barrier or gate.

(3)An authorised officer may direct a person who has contravened subregulation (1) to pull down, take apart or remove the structure.

(4)The person must comply with the direction.

Penalty: $2 000.

[Regulation 34 amended in Gazette 29 Sep 2006 p. 4308‑9.]

35.Unauthorised clearing

A person must not, without lawful authority, construct or mark out any road, track, fire break, landing strip, parking area, vessel launching area or pad or platform for building or machinery on CALM land.

Penalty: $2 000.

35A.Quarrying, removing or disturbing soil etc.

(1)A person must not, without lawful authority, disturb or remove leaf mould, rotting vegetation, humus, soil, stone or gravel on or in CALM land.

Penalty: $2 000.

(2)In this regulation —

soil includes sand, shale, clay and evaporites.

[Regulation 35A inserted in Gazette 29 Sep 2006 p. 4309.]

36.Dumping

A person must not, without lawful authority, abandon any vehicle, vessel, machinery or any part of a vehicle, vessel or machinery, on CALM land.

Penalty: $2 000.

37.Damage to property

(1)A person must not, without lawful authority — 

(a)post, stick, stamp, stencil or otherwise affix any notice, handbill, placard, advertisement, paper or other document on or to any thing or structure that is part of the landscape or property on CALM land; or

(b)write, draw or paint on or deface any thing or structure that is part of the landscape or property on CALM land.

Penalty: $500.

(2)A person must not, without lawful authority, cause any damage or disturbance to, or interfere with, any ticket vending machine, sign, aboriginal site or artefact, or other thing or structure that is part of the landscape or property on CALM land.

Penalty: $2 000.

(3)Nothing in subregulation (1)(a) applies to the use of a notice board set up with the authority of the CEO for public use.

[Regulation 37 amended in Gazette 29 Sep 2006 p. 4309 and 4334.]

38.Unauthorised signs

(1)A person must not, without lawful authority, erect any sign or notice on CALM land.

Penalty: $1 000.

(2)An authorised officer may remove any sign or notice erected without lawful authority on CALM land.

39.Unlawful lighting of campfires etc.

(1)A person must not, without lawful authority, light, kindle, maintain or use, or assist another person in lighting, kindling or maintaining, a campfire, barbecue or portable stove on CALM land — 

[(a)deleted]

(b)in a restricted area where that activity —

(i)is prohibited under regulation 5; or

(ii)contravenes a restriction imposed on that activity under regulation 5;

or

(c)where flora and forest produce is in danger of being burnt or injured.

Penalty: $2 000.

(2)A person must not, without lawful authority — 

(a)light, kindle, maintain or use, or assist another person in lighting, kindling or maintaining, any fire within the boundaries or within 20 metres of any boundary of CALM land; or

(b)leave a fire described in paragraph (a) without taking due precaution against its spreading or causing injury,

if in either case any flora or forest produce is in danger of being burnt or injured.

Penalty: $2 000.

(3)Subregulation (2) does not apply to a campfire, barbecue or portable stove on CALM land.

(4)Nothing in this regulation affects the application of section 104 of the Act or regulation 29(2), or section 25 of the Bush Fires Act 1954.

[Regulation 39 amended in Gazette 29 Sep 2006 p. 4309‑10.]

40.Authorised officer may direct that camp fire, barbecue or portable stove be extinguished

(1)An authorised officer may direct any person to extinguish a campfire, barbecue or portable stove on CALM land if the authorised officer considers that the campfire, barbecue or stove constitutes a fire risk to any part of that land.

(2)A person must comply with a direction given to that person under subregulation (1).

Penalty: $2 000.

40A.Unlawful lighting of fires — only one conviction

A person cannot be convicted of more than one offence arising from the one act or omission that contravenes 2 or more of the following provisions —

(a)section 104(1) of the Act;

(b)regulation 29(2);

(c)regulation 39(1);

(d)regulation 39(2).

[Regulation 40A inserted in Gazette 29 Sep 2006 p. 4310‑11.]

Part 3Access to CALM land

Division 1General

41.Access to certain classified areas

A person must not, without lawful authority, enter any land or waters classified — 

(a)under section 62(1)(b) of the Act as a prohibited area; or

(b)under section 62(1)(d) of the Act as a temporary control area; or

(c)under section 62(1)(f) of the Act as a plant disease management area; or

(d)under section 12A(2) of the Wildlife Conservation Act 1950 as a prohibited area where that classification remains in force.

Penalty: $2 000.

42.Access to limited access areas

A person must not, without lawful authority, enter otherwise than on foot or by vessel any land classified —

(a)under section 62(1)(c) of the Act as a limited access area; or

(b)under section 12A(2) of the Wildlife Conservation Act 1950 as a limited access area where that classification remains in force.

Penalty: $2 000.

43.Access to wilderness areas (Act s. 62(1)(a))

A person must not, without lawful authority, enter by vehicle, powered vessel or animal any land or waters classified under section 62(1)(a) of the Act as a wilderness area.

Penalty: $1 000.

44.Direction to close area

(1)If the CEO is satisfied that there is a significant and imminent threat of loss or harm to the safety or health of persons or fauna, or of damage to property or any part of the environment, the CEO may direct a named authorised officer to close as much CALM land as the officer thinks necessary to reduce or remove the threat.

(2)If the CEO gives an oral direction for a closure under subregulation (1), the direction is to be confirmed by the CEO in writing as soon as is reasonably practicable.

(3)The CEO may vary or revoke a direction under subregulation (1) and is to revoke a direction as soon as practicable after being satisfied that the circumstances that gave rise to the direction no longer exist.

(4)The closure of an area in a marine park or marine management area does not operate so as to prohibit a person entering or remaining in the area for the purpose of activities authorised in the area by an authorisation, licence, permit, lease, management plan or notice to which section 13D or 13E of the Act applies.

[Regulation 44 amended in Gazette 29 Sep 2006 p. 4311 and 4334.]

45.Closed area

(1)While a direction is in force under regulation 44, any authorised officer may by placement of signs, markings, barriers, or buoys mark out any area (whether one or more) that is for the time being closed for the purposes of that regulation.

(2)The dimensions of any closed area are not to be greater than is reasonably required for the purposes of regulation 44(1).

(3)Sufficient signs, markings, barriers or buoys are to be erected and maintained in or in the vicinity of a closed area indicating that entry to that area is prohibited without permission of an authorised officer.

(4)A sign, marking, barrier or buoy placed in the vicinity of any land or waters to which a direction under regulation 44 applies is to be presumed, in the absence of evidence to the contrary, to be a sign, marking, barrier or buoy placed by an authorised officer under subregulation (1).

[Regulation 45 amended in Gazette 29 Sep 2006 p. 4311.]

46.Offences relating to closed areas

(1)Subject to regulation 44(4), a person must not, without permission of an authorised officer, enter or remain in an area closed under regulation 45.

Penalty: $1 000.

(2)An authorised officer may revoke a permission given to a person for the purposes of subregulation (1) in which case if the person is in a closed area he or she must leave the area immediately.

Penalty: $1 000.

(3)An authorised officer may grant permission for the purposes of subregulation (1) subject to any condition, and during any period when the condition is not observed or performed by that person the permission is to be treated as having been revoked.

(4)It is a defence to a charge of contravening subregulation (1) or (2) for a person to show that his or her presence in a closed area without permission was necessary to prevent or mitigate injury to a person or damage to property.

47.Entering CALM land via gates etc.

(1)If an entrance to an area of CALM land (other than land covered by subregulation (2)) is controlled by a gate or other barrier a person must not, without lawful authority, enter or cause a vehicle or animal to enter that area other than through that gate or barrier.

Penalty: $500.

(2)A person must not, without lawful authority, unlock, dismantle or break down a locked gate or locked barrier controlling an entrance to an area of CALM land.

Penalty: $500.

(3)A person must not, without lawful authority, open, remove, dismantle or breakdown a gate or barrier controlling an entrance to an area of CALM land if it is clear, by signs on or near the gate or barrier, that the gate or barrier is not meant to be opened or removed.

Penalty: $500.

[Regulation 47 inserted in Gazette 29 Sep 2006 p. 4311‑12.]

48.Areas set aside for purposes of CEO

A person must not, without lawful authority, enter or remain in any area of CALM land set aside for cultivation, gardens, animal enclosures, housing, education facilities or machinery sheds or any other property or facilities which are established for the purposes of the CEO and which are not open to the public.

Penalty: $500.

[Regulation 48 amended in Gazette 29 Sep 2006 p. 4312.]

49.Caves

(1)In this regulation — 

cave means a cave or part of a cave which is on or under CALM land.

(2)The CEO may, on payment of the appropriate fee specified in Schedule 1 Division 8 item 1, grant to any person a permit in an approved form to be in a cave.

(3)A permit — 

(a)authorises a person to be in a cave for the period specified in the permit; and

(b)is subject to such conditions and restrictions as are specified on the permit.

(3a)If a person who holds a permit to be in a cave notifies the CEO more than 2 weeks before the period specified in the permit that the person is not going to use the permit, the CEO may refund the fee for the permit.

(4)A person must not, without lawful authority, enter or remain in a cave.

Penalty: $1 000.

(5)A person in a cave must comply with the conditions and restrictions subject to which that person was given permission to be in the cave.

Penalty: $1 000.

(6)Nothing in this regulation prohibits persons entering or remaining in a cave under the control of a person licensed under a commercial operations licence to take those persons into the cave.

[Regulation 49 amended in Gazette 29 Sep 2006 p. 4312 and 4334.]

50.Cross country and other events

A person must not, without lawful authority, organise, promote or conduct any event involving cross country running, orienteering, rogaining, cross country navigation exercises or equestrian events on CALM land.

Penalty: $1 000.

Division 2Vehicles

51.Vehicles

(1)A person must not, without lawful authority, drive or use a vehicle (other than a bicycle) on CALM land other than on a road or in a designated area.

Penalty: $1 000.

(2)Subregulation (1) does not apply in respect of a road that is in a restricted area.

(3)A person must not, without lawful authority, on a road that is in a restricted area —

(a)drive or use a vehicle if that activity is prohibited in the area under regulation 5; or

(b)contravene a restriction imposed on driving or using a vehicle in the area under regulation 5.

Penalty: $2 000.

[Regulation 51 amended in Gazette 29 Sep 2006 p. 4313.]

51A.Bicycles

(1)A person must not, without lawful authority, ride a bicycle on CALM land other than on a road or bicycle path or in a designated area.

Penalty: $500.

(2)Subregulation (1) does not apply in respect of a road that is in a restricted area.

(3)A person must not, without lawful authority, on a road that is in a restricted area —

(a)ride a bicycle if that activity is prohibited in the area under regulation 5; or

(b)contravene a restriction imposed on riding a bicycle in the area under regulation 5.

Penalty: $1 000.

(4)In this regulation —

bicycle path means a path, or length of a path, at both ends of which are signs indicating that persons may ride bicycles on the path or the length between those signs.

[Regulation 51A inserted in Gazette 29 Sep 2006 p. 4313‑14.]

52.Off‑road vehicles

(1)A person must not drive into or within, or bring into or have within, CALM land an off‑road vehicle within the meaning of the Control of Vehicles (Off‑road Areas) Act 1978 unless that person — 

(a)is the holder of a permit — 

(i)granted under section 8(4) of that Act; and

(ii)authorising that person so to drive, bring or have that off‑road vehicle;

and

(b)that person so drives, brings or has that off‑road vehicle in accordance with any restrictions, limitations or conditions to which that permit is subject.

Penalty: $1 000.

(2)Subregulation (1) does not apply to private land (as defined in the Control of Vehicles (Off‑road Areas) Act 1978) or permitted areas (as defined in that Act).

[Regulation 52 amended in Gazette 29 Sep 2006 p. 4314.]

53.Car rallies etc.

A person must not, without lawful authority, organise, promote or conduct a car rally, associated navigation exercise, mountain bike event or other race involving vehicles on or through CALM land.

Penalty: $2 000.

54.Traffic laws apply

(1)A person driving or in charge of a vehicle on a road or track on CALM land must not, without lawful authority, do any act that would be a breach of a law of the State if that road or track were a road for the purposes of the Road Traffic Act 1974.

Penalty: $500.

(2)A person must not drive a vehicle on CALM land in a dangerous or careless manner or without all reasonable consideration for other persons, vehicles and animals in the vicinity.

Penalty: $1 000.

[Regulation 54 amended in Gazette 29 Sep 2006 p. 4314.]

55.Driver to obey reasonable direction

The driver or person in charge of a vehicle must obey any reasonable direction given to him or her by an authorised officer in relation to the parking or movement of the vehicle on CALM land.

Penalty: $500.

56.Signs to be obeyed

(1)A person must not park or stand a vehicle on CALM land contrary to any direction on a sign.

Penalty: $500.

(2)A sign may direct that an area of CALM land is set aside — 

(a)for the parking of a specified vehicle or specified class of vehicles;

(b)for the parking of a vehicle of a specified person or specified class of persons;

(c)for the parking of vehicles for a specified maximum period of time;

(d)for the parking of vehicles only within specified parking bays;

(e)as a “no standing” or “no parking” area.

(3)A sign may direct that an area of CALM land may be used for parking subject to the payment of a specified charge.

(4)A person must not park a vehicle in an area that is subject to subregulation (3) at any time when the charge applies unless — 

(a)the specified charge has been paid into a ticket vending machine; and

(b)there is displayed in the vehicle at that time a parking ticket issued from a ticket vending machine that shows — 

(i)the amount paid; and

(ii)the date; and

(iii)an expiry time for permitted parking that is after that time;

and

(c)the parking ticket issued from the ticket vending machine is displayed in the vehicle in such a manner that an authorised officer is able to read it from outside the vehicle.

Penalty: $500.

(5)The charge specified for the purposes of subregulation (3) is not to exceed —

(a)$1.00 for every hour or part of an hour; and

(b)$5.00 for any day or part of a day.

(6)In this regulation — 

specified means specified by a sign;

ticket vending machine means a machine situated on CALM land which, following the insertion of a coin or coins, issues a parking ticket.

[Regulation 56 amended in Gazette 29 Sep 2006 p. 4315.]

57.Obstructing other vehicles etc.

A person must not park or stand a vehicle on CALM land in such a manner as to obstruct — 

(a)any other vehicle on the land; or

(b)a footpath; or

(c)access to a ticket vending machine within the meaning of regulation 56(6); or

(d)access to a facility on the land.

Penalty: $500.

Division 3Vessels

58.Races

A person must not, without lawful authority, organise, promote or conduct a race involving vessels on or through CALM land.

Penalty: $2 000.

59.Moorings

(1)A person must not, without lawful authority, install a mooring for a vessel in waters on CALM land.

Penalty: $2 000.

(2)A person must not, without lawful authority, secure a vessel, or allow it to remain secured, to a mooring in waters on CALM land that is installed without lawful authority.

Penalty: $1 000.

(3)A person must not secure a vessel, or allow it to remain secured, to — 

(a)a mooring in waters on CALM land, without lawful authority; or

(b)a mooring in waters on CALM land to which a vessel is already secured; or

(c)a vessel that is secured to a mooring in waters on CALM land.

Penalty: $1 000.

(4)Subregulation (3) does not apply so as to prohibit a tender being attached to a vessel.

(5)For the purposes of this regulation, a person who is on a vessel that is secured to a mooring, or secured to a vessel that is secured to a mooring, is taken to allow it to remain secured to that mooring or that vessel.

[Regulation 59 amended in Gazette 29 Sep 2006 p. 4315.]

60.Anchoring vessels

(1)A person must not, without lawful authority — 

(a)anchor a vessel in a restricted area if that activity is prohibited under regulation 5; or

(b)contravene a restriction on the anchoring of vessels in a restricted area imposed under regulation 5.

Penalty: $1 000.

(2)Subregulation (1) does not apply to a vessel that is required to anchor contrary to that subregulation to avoid or mitigate danger to human life or significant damage to property.

61.Operation of certain vessel in restricted area

A person must not, without lawful authority, in a restricted area —

(a)operate a vessel if the operation of a vessel of that kind is prohibited in that area under regulation 5; or

(b)contravene a restriction imposed on the operation of a vessel in that area under regulation 5.

Penalty: $500.

61A.Operation of vessels in nature reserves

A person must not, without lawful authority, operate a vessel in a nature reserve, except in a designated area of the reserve.

Penalty: $1 000.

[Regulation 61A inserted in Gazette 29 Sep 2006 p. 4315.]

62.Safe navigation of vessels

(1)A person must not navigate a vessel on waters on CALM land in such a manner as to — 

(a)endanger the safety of that or any other vessel or any person; or

(b)cause damage to any person or to any other vessel; or

[(c)deleted]

(d)damage vegetation, coral, shoals, sandbanks, mudflats or the bed or banks of any body of water; or

(e)endanger or harm any fauna.

Penalty: $500.

(2)A person must not navigate a vessel on waters on CALM land in such a manner as to —

(a)cause nuisance to any person or to any other vessel; or

(b)obstruct, impede or otherwise interfere with any other vessel; or

(c)disturb any fauna.

Penalty: $500.

[Regulation 62 amended in Gazette 29 Sep 2006 p. 4315‑16.]

63.Owner to obey reasonable direction

The owner or person in charge of a vessel must obey any reasonable direction given to him or her by an authorised officer in relation to the anchoring, mooring or movement of the vessel in waters on CALM land.

Penalty: $1 000.

64.Launching, beaching and retrieving

(1)A person must not, without lawful authority, in a restricted area — 

(a)launch or beach a vessel; or

(b)anchor a vessel by placing the anchor on a beach; or

(c)access, operate or retrieve a vessel,

if that activity is prohibited under regulation 5.

Penalty: $1 000.

(2)A person must not, without lawful authority, in a restricted area, contravene a restriction imposed under regulation 5 in respect of — 

(a)launching or beaching a vessel; or

(b)anchoring a vessel by placing the anchor on a beach; or

(c)accessing, operating or retrieving a vessel.

Penalty: $1 000.

(3)An authorised officer may direct a person in charge of a vessel in a restricted area to remove the vessel from the restricted area.

(4)A person must comply with a direction under subregulation (3).

Penalty: $1 000.

(5)If —

(a)the person in charge of a vessel does not comply with a direction under subregulation (3) within a period that the authorised officer considers reasonable; or

(b)the authorised officer is unable to find a person who has, or appears to the authorised officer to have, possession or control of the vessel,

the authorised officer may move the vessel or cause the vessel to be moved.

(6)Nothing in subregulation (5) affects the liability of a person under subregulations (1) and (4).

(7)In this regulation — 

beach includes any part of the foreshore that is above the low water mark whether it is covered by water or not.

[Regulation 64 amended in Gazette 29 Sep 2006 p. 4316.]

Division 4Aircraft

65.Launching or landing of aircraft

(1)A person must not, without lawful authority, launch, land or make a touch down in an aircraft, including an ultra‑light aircraft, or a helicopter on CALM land.

Penalty: $1 000.

(2)Subregulation (1) does not apply to an aircraft or helicopter that is required to launch, land or touch down contrary to that subregulation to avoid or mitigate danger to human life or significant damage to property.

[Regulation 65 amended in Gazette 4 Oct 2002 p. 5065.]

Part 4 Camping

66.Camping controlled

(1)A person must not, without lawful authority, camp on CALM land except in a camping area or on a vessel that is moored or anchored in accordance with these regulations.

Penalty: $500.

(2)A person camping in a camping area must comply with conditions specified on signs erected in or in the vicinity of that area for the purposes of regulation 6(3) or signs designating that area as a camping area.

Penalty: $500.

67.Direction to vacate camp

(1)An authorised officer may direct a person who — 

(a)without lawful authority is camped on a site that is not in a camping area; or

(b)has occupied a site in a camping area for more than 28 consecutive days; or

(c)is occupying a site in a camping area during the school holidays and has occupied that site for more than 14 consecutive days (whether or not all of those days occur during the school holidays); or

(d)is occupying a site in a camping area and, in the opinion of the authorised officer, has contravened a provision of the Act or these regulations; or

(e)is occupying a site in a camping area and, in the opinion of the authorised officer, is causing or has caused damage to the camping area,

to vacate that site.

(2)A person must comply with a direction under subregulation (1).

Penalty: $1 000.

[Regulation 67 amended in Gazette 29 Sep 2006 p. 4316‑17.]

68.Unauthorised persons not to enter camping unit

A person, other than a ranger or wildlife officer, must not enter or remain on a camping unit without the consent of the person occupying that camping unit.

Penalty: $500.

[Regulation 68 amended in Gazette 29 Sep 2006 p. 4317.]

69.Construction and positioning of camping units

(1)A person must not construct a camping unit — 

(a)in a manner likely to be offensive or dangerous to other persons; or

(b)of a permanent or semi‑permanent nature.

Penalty: $1 000.

(2)A person must not position a camping unit so as to — 

(a)cause inconvenience, discomfort or danger to other vehicles or to users of CALM land; or

(b)damage flora or interfere with the movement of fauna.

Penalty: $500.

(3)A person must maintain the site on which that person camps in a clean and sanitary condition at all times.

Penalty: $500.

(4)An authorised officer may allot or define the site to be used by a person in a camping area and the person must confine the camp to that site.

Penalty: $500.

(5)An authorised officer may direct a person to vacate a site and move to another site in a camping area.

(6)A person must comply with a direction of an authorised officer under subregulation (5).

Penalty: $1 000.

[Regulation 69 amended in Gazette 29 Sep 2006 p. 4317.]

70.Power generating devices

(1)An authorised officer may direct a person — 

(a)not to use a power generating device other than in an area directed by the authorised officer; or

(b)to stop using a power generating device in a camping area; or

(c)to use a power generating device in accordance with the directions of the authorised officer.

(2)A person must comply with a direction of an authorised officer under this regulation.

Penalty: $1 000.

71.Firewood

(1)A person may collect firewood from the immediate vicinity of a camping area if — 

(a)there is a sign erected authorising the collection of firewood; and

(b)the firewood is intended for use on a campfire or barbecue in the area.

(2)Nothing in subregulation (1) is to be taken as authorising any person to fell, cut, injure or destroy any tree, shrub or bush.

(2a)If —

(a)a person collects firewood from the immediate vicinity of a camping area on CALM land; and

(b)the firewood is intended for use on a campfire or barbecue in the area; and

(c)there are no signs authorising the collection of firewood; and

(d)the person is not otherwise authorised to collect the firewood,

the person commits an offence.

Penalty: $200.

(3)Part 15 of the Forest Management Regulations 1993 applies to the collection of firewood in public firewood areas.

(4)In this regulation — 

firewood means dead wood lying on the ground.

[Regulation 71 amended in Gazette 29 Sep 2006 p. 4317‑18.]

Part 5 Offensive and dangerous behaviour

72.Authorised officer may direct person to stop activity

(1)An authorised officer may direct a person on CALM land to cease any behaviour which is — 

(a)contrary to the lawful use of the land; or

(b)causing a disturbance or annoyance to other persons or, in the opinion of the authorised officer, disorderly or offensive; or

(c)in the opinion of the authorised officer, dangerous.

(2)A person must comply with a direction of an authorised officer under this regulation.

Penalty: $500.

73.Conduct generally

(1)A person must not, on CALM land — 

(a)create or commit any nuisance; or

(b)behave in a disorderly or offensive manner; or

(c)use abusive, offensive or insulting language; or

(d)otherwise act in such a way as to cause or be likely to cause a nuisance or annoyance to other persons on the land.

Penalty: $500.

(2)A person must, on CALM land, comply with any direction on a sign on that land regarding behaviour on CALM land.

Penalty: $500.

74.Offensive noise

A person must not, while on CALM land, by the use of any electronic, mechanical or other instrument or thing or by natural means cause or produce a noise that unreasonably interferes with the convenience, comfort or amenity of any other person.

Penalty: $500.

75.Alcohol and drugs

(1)A person must not enter or remain on CALM land when seriously affected apparently by alcohol, drugs or other intoxicating substance, or any combination of those things.

Penalty: $500.

(2)A person must not without lawful authority take alcohol or any other intoxicating substance into a cave or part of a cave which is on or under CALM land.

Penalty: $500.

(3)Where an authorised officer is of the opinion that the consumption of alcohol or other intoxicating substance may give rise to offensive or dangerous behaviour, the authorised officer may direct a person not to bring the alcohol or intoxicating substance on to CALM land.

(4)A person must comply with a direction of an authorised officer under subregulation (3).

Penalty: $500.

76.Removal of CALM property

(1)A person must not, without lawful authority, remove any or any part of, a building, fence, facility, sign, notice, device, machinery or other object on CALM land.

Penalty: $2 000.

(2)If an authorised officer finds a person on CALM land in possession of an object removed in contravention of subregulation (1), the authorised officer may direct the person to leave the object at a place on the CALM land specified by the officer.

(3)A person must comply with a direction of an authorised officer under subregulation (2).

Penalty: $1 000.

[Regulation 76 amended in Gazette 29 Sep 2006 p. 4318.]

Part 6 Removal and forfeiture of unauthorised property on CALM land

77.Term used: property

(1)In this Part —

property —

(a)includes a vehicle, caravan, platform (including a platform on water), tent or other thing related to camping, tarpaulin, tripod, log, post, picket, spike, pipe, rope, cable, chain, wire and any kind of lock or locking device;

(b)does not include anything to which section 108A(1) of the Act applies.

(2)Subject to subregulation (1)(b), a thing may be property for the purposes of this Part whether or not it is attached to CALM land.

78.Authorised officers may seize and remove unauthorised property

(1)An authorised officer who finds on CALM land any property that the officer reasonably believes is not authorised under a written law to be on the land may order or request a person who has, or appears to the officer to have, possession or control of the property to remove it from the land.

(1a)A person must comply with an order given to the person under subregulation (1).

Penalty: $500.

(2)If —

(a)a person does not comply with an order or request under subregulation (1) within a period that the authorised officer considers reasonable; or

(b)the officer is unable to find a person who has, or appears to the officer to have, possession or control of the property,

the officer may seize the property and remove it from CALM land.

(3)Property seized and removed under subregulation (2) shall be held at an office of the Department until it is collected under regulation 79 or destroyed, sold or otherwise disposed of under regulation 80.

[Regulation 78 amended in Gazette 29 Sep 2006 p. 4318‑19.]

79.Seized property may be claimed

(1)A person may claim property that is seized and removed under regulation 78 if the claim is made to an authorised officer within 6 months after the property is seized and removed.

(2)If an authorised officer is satisfied that a person who claims property under subregulation (1) is the owner of the property or is entitled to possession of the property, the officer is to make the property available to be collected by the person at a time and a place notified in writing to the person.

(3)The time referred to in subregulation (2) is to be within 21 days after the authorised officer is satisfied in relation to the matters referred to in that subregulation.

[Regulation 79 amended in Gazette 29 Sep 2006 p. 4319.]

80.Unclaimed property may be forfeited

(1)If property is not claimed by a person who an authorised officer is satisfied is the owner of the property or is entitled to possession of the property within 6 months after the property is seized and removed under regulation 78, the property is, on the expiry of that period, forfeited to the Crown and may be destroyed, sold or otherwise disposed of as directed by the CEO.

(2)The proceeds of a sale under subregulation (1) are to be dealt with under section 63 of the Act.

[Regulation 80 amended in Gazette 29 Sep 2006 p. 4319 and 4334.]

Part 6A  Management plans

[Heading inserted in Gazette 4 May 2004 p. 1383.]

81.Purposes of reserves (Act s. 55(1a))

For the purposes of section 55(1a) of the Act, the other purposes for which an indigenous State forest or timber reserve may be reserved include any of the following —

(a)the removal of water from the reserved land;

(b)the storage of water on the reserve;

(c)the removal of water from the reserve;

(d)the location of infrastructure, and other similar facilities, that serve the public interest, to the extent to which locating such infrastructure and facilities is not inconsistent with achieving the other purposes for which the forest or reserve is reserved.

[Regulation 81 inserted in Gazette 4 May 2004 p. 1383; amended in Gazette 29 Jan 2008 p. 241‑2.]

Part 7Licences

Division 1General

82.Term used: licence

In this Part — 

licence means a licence granted under these regulations.

83.Application for licence

(1)An application for a licence is to be — 

(a)made to the CEO in a form approved by the CEO; and

(b)accompanied by the appropriate fee specified in Schedule 1 Division 8.

(2)The applicant is to provide the CEO with such further information as the CEO may require in any particular case.

[Regulation 83 amended in Gazette 29 Sep 2006 p. 4334.]

84.Restriction on exercise of powers

(1)Subject to subregulation (2), the powers conferred on the CEO by this Part to grant or renew a licence are exercisable only —

(a)with the approval of the Minister; and

(b)in the case of land vested in the Conservation Commission, after consultation with the Conservation Commission and, where applicable, an associated body; and

(c)in the case of land classified under Part V Division 2 of the Act as a forest conservation area, consistently with any management plan for the land concerned; and

(d)in the case of land vested in the Marine Authority, after consultation with the Marine Authority; and

(e)in the case of land that is in the management area of the Swan River Trust within the meaning of the Swan River Trust Act 1988 2, after consultation with the Swan River Trust; and

(f)in the case of land for the management of which an agreement is entered into under section 16 of the Act, consistently with the agreement; and

(g)in the case of land in a public water catchment area, consistently with the provisions of the Country Areas Water Supply Act 1947 and the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 relating to the protection of water quality; and

(h)in conformity with section 33(3) of the Act.

(2)In the case of land other than land classified under Part V Division 2 of the Act as a forest conservation area, subregulation (1)(a), (b) and (d) do not apply to the grant or renewal of a licence under this Part where —

(a)the appropriate approval has been given under subregulation (1)(a) and, if applicable, the appropriate consultation has taken place under subregulation (1)(b) or (1)(d) for —

(i)the grant under this Part of certain kinds of licences or certain numbers of licences; or

(ii)the renewal, cancellation or suspension of, or the imposition or variation of terms or conditions attached to, a licence granted under this Part,

and the licence granted or renewed is covered by the terms of that approval and, if applicable, that consultation; or

(b)in the case of the renewal of a licence, the licence was granted under Part 5 of the Conservation and Land Management Regulations 1992 3.

[Regulation 84 amended in Gazette 29 Sep 2006 p. 4319 and 4334.]

85.Refusal to renew licence

(1)A licence is not renewable as of right.

(2)The CEO may, by written notice given to the person who held the licence, refuse to renew a licence on the grounds that —

(a)the holder of the licence has been convicted of an offence against the Act or these regulations or the Wildlife Conservation Act 1950 or regulations made under that Act; or

(b)a condition imposed upon the licence has been contravened; or

(c)the licence was obtained by fraud or misrepresentation; or

(d)in the interests of —

(i)the protection, management or control of CALM land or assets on CALM land; or

(ii)the protection of persons using CALM land; or

(iii)the conservation, protection or proper management of fauna or flora,

the operation of the licence should not be permitted to continue.

[Regulation 85 amended in Gazette 29 Sep 2006 p. 4334.]

86.Cancellation or suspension of licence by CEO

(1)If — 

(a)the person who holds a licence — 

(i)contravenes a provision of the Act or these regulations or a condition or restriction to which the licence was subject; or

(ii)contravenes a provision of the Wildlife Conservation Act 1950 or regulations made under that Act; or

(iii)is otherwise in the opinion of the CEO no longer a fit and proper person or otherwise suitable to hold the licence;

or

(b)the CEO considers that in the interests of — 

(i)the protection, management or control of CALM land or assets on CALM land; or

(ii)the protection or management of persons using CALM land; or

(iii)the conservation, protection or proper management of fauna or flora,

a licence should be suspended or cancelled,

the CEO may, by written notice given to the person, cancel the licence or suspend it for such period as the CEO thinks fit.

(2)A suspension of a licence may relate to the doing of some, but not all, of the things authorised by the licence.

[Regulation 86 amended in Gazette 29 Sep 2006 p. 4334.]

87.Notice of proposed cancellation or suspension

(1)If the CEO proposes to cancel or suspend a licence, the CEO is to give to the holder of the licence written notice of the proposal and the CEO’s reasons for the proposal.

(2)A notice given under subregulation (1) is to state that within a specified number of days after the notice is given, the person to whom it is given may make written representations to the CEO concerning the proposal and the CEO is not to give effect to the proposal without considering any representations received within that period.

(3)The number of days to be specified in a notice under subregulation (2) is to be not less than — 

(a)21 days in the case of a proposal to cancel a licence; or

(b)7 days in the case of a proposal to suspend a licence.

(4)If for any reason a notice cannot be given to a person under subregulation (1), when read with section 76 of the Interpretation Act 1984, the CEO may give the notice to that person by publishing a copy of the notice addressed to that person in a newspaper circulating in the area in which the person was last known to be.

[Regulation 87 amended in Gazette 29 Sep 2006 p. 4319 and 4334.]

88.Return of licence

(1)The CEO may require the holder of a licence to return the licence to the CEO where the licence has been cancelled, suspended or has not been renewed.

(2)A person must comply with a requirement made of that person by the CEO under subregulation (1).

Penalty: $500.

[Regulation 88 amended in Gazette 29 Sep 2006 p. 4334.]

Division 2Scientific purposes licences

89.Scientific purposes licence

The CEO may grant a licence to take flora and fauna (including fish and pearl oyster) in a marine nature reserve, marine park or marine management area for scientific purposes.

[Regulation 89 amended in Gazette 29 Sep 2006 p. 4334.]

90.Application for scientific purposes licence

An application for a scientific purposes licence is to specify the flora and fauna the applicant proposes to take.

91.Duration of scientific purposes licence

Subject to this Part, a scientific purposes licence remains current for the period specified in the licence.

92.Renewal of scientific purposes licence

The CEO may, on payment of the appropriate fee specified in Schedule 1 Division 8, renew the scientific purposes licence of any person for a further period determined by the CEO.

[Regulation 92 amended in Gazette 29 Sep 2006 p. 4334.]

93.Conditions and restrictions

(1)A scientific purposes licence may be granted subject to such conditions and restrictions as the CEO thinks fit, including conditions and restrictions as to — 

(a)the marine nature reserves, marine parks and marine management areas in which the holder of the licence may take flora and fauna for scientific purposes; and

(b)the scientific purposes for which the flora and fauna may be used; and

(c)the species, and the greatest number of each or any species, that may be taken, held or disposed of; and

(d)the part or parts of the State in which the flora or fauna may be taken, held or released.

(2)The CEO is not to impose any restrictions on the taking, in a marine park or marine management area —

(a)of fish within the meaning of the Fish Resources Management Act 1994, in accordance with the provisions of that Act relating to aquaculture or commercial or recreational fishing; or

(b)of pearl oyster, within the meaning of the Pearling Act 1990, in accordance with that Act.

(3)The prohibition in subregulation (2)(a) does not include a restriction that relates to conduct or activity other than the taking of fish but that incidentally affects the taking of fish.

(4)Where a scientific purposes licence is granted subject to conditions or restrictions, those conditions or restrictions — 

(a)are to be endorsed upon or attached to the licence when granted; and

(b)may be added to, cancelled, suspended and otherwise varied by the CEO from time to time during the operation of the licence.

(5)The holder of a scientific purposes licence must not contravene a condition or restriction endorsed upon or attached to the licence.

Penalty: $500.

[Regulation 93 amended in Gazette 4 Oct 2002 p. 5065; 29 Sep 2006 p. 4334.]

Division 3Commercial operations licences

94.Commercial operations licence

(1)The CEO may grant a licence to any person to sell goods or services, or to undertake an activity for a commercial purpose, on an area of CALM land.

(2)The CEO may not grant a licence under this regulation to take or remove forest produce or other flora from land to which Part VIII Division 2 of the Act applies and which is vested in the Conservation Commission.

[Regulation 94 amended in Gazette 29 Sep 2006 p. 4334.]

95.Application for commercial operations licence

An application for a commercial operations licence is to specify — 

(a)the goods or services the applicant proposes to sell or the activity the applicant proposes to undertake; and

(b)the places where it is proposed to sell the goods or services or undertake the activity.

96.Duration of commercial operations licence

Subject to this Part, a commercial operations licence is valid for such period, not exceeding 5 years, as is specified in the licence.

97.Renewal of commercial operations licence

The CEO may, on payment of the appropriate fee specified in Schedule 1 Division 8, renew the commercial operations licence of any person for a further period not exceeding 5 years.

[Regulation 97 amended in Gazette 29 Sep 2006 p. 4334.]

98.Conditions

(1)A commercial operations licence may be granted or renewed subject to such conditions as the CEO thinks fit, including conditions as to — 

(a)the land to which the licence applies; and

(b)the class or description of goods, services or activity to which the licence applies; and

(c)the manner in which the goods or services are to be supplied (including conditions as to the viewing and feeding of fauna) or the activity is to be undertaken; and

(d)the payment of any charge in relation to the use of land to which these regulations apply and the equipment, services and facilities of the Department.

(2)Where a commercial operations licence is granted or renewed subject to conditions, those conditions — 

(a)are to be endorsed upon or attached to the licence when granted or renewed, as the case may be; and

(b)may be added to, cancelled, suspended and otherwise varied by the CEO from time to time during the operation of the licence.

(3)The holder of a commercial operations licence must not contravene a condition endorsed upon or attached to the licence.

Penalty: $1 000.

[Regulation 98 amended in Gazette 29 Sep 2006 p. 4334.]

[Part 7A deleted in Gazette 27 Feb 2009 p. 530.]

Part 8A  Apiary permits and licences

[Heading inserted in Gazette 3 Sep 2010 p. 4278.]

98A.Terms used

In this Part —

apiary authority means an apiary licence or apiary permit;

apiary licence means a licence granted under Part VIII Division 2 of the Act to —

(a)enter and use the land specified in the licence for the purpose of operating an apiary; and

(b)remove honey, bees‑wax and pollen from that land;

apiary permit means a permit granted under Part VIII Division 1 of the Act to —

(a)occupy the land specified in the permit for the purpose of operating an apiary; and

(b)remove honey, bees‑wax and pollen from that land;

apiary site means the land specified in an apiary authority as the land to which the authority relates;

South‑west zone means those parts of the South‑west Division and Eucla Division of the State (as described in the Land Administration Act 1997 Schedule 1) depicted as the South‑west zone on the Department of Environment and Conservation plan entitled “South‑west zone — Apiary Permits and Licenses” dated August 2009.

[Regulation 98A inserted in Gazette 3 Sep 2010 p. 4278‑9.]

98B.Application of Part 8A

This Part applies to all land in respect of which an apiary licence or apiary permit may be granted.

[Regulation 98B inserted in Gazette 3 Sep 2010 p. 4279.]

98C.Applications

(1)An application —

(a)for the grant, renewal or transfer of an apiary authority; or

(b)for the variation of an apiary licence to change the site to which it relates; or

(c)otherwise relating to an apiary authority,

must be made to the CEO in writing.

(2)An applicant must provide the CEO with any relevant information requested by the CEO.

(3)An application may be made in relation to 2 or more apiary authorities in the same form.

(4)The fees specified in Schedule 1 Division 11 are payable in respect of an application made in relation to an apiary authority.

[Regulation 98C inserted in Gazette 3 Sep 2010 p. 4279.]

98D.Maximum area of apiary site

The area of an apiary site for which an apiary authority is granted must not exceed the area that the CEO considers is reasonably necessary to enable an apiary to be efficiently operated on the site.

[Regulation 98D inserted in Gazette 3 Sep 2010 p. 4279.]

98E.Form of apiary authority

(1)An apiary permit is to be in the form of Schedule 3 Form 3.

(2)An apiary licence is to be in writing in such form as the CEO thinks fit.

[Regulation 98E inserted in Gazette 3 Sep 2010 p. 4279‑80.]

98F.Duration of apiary authority

(1)An apiary authority —

(a)takes effect on the day on which it is granted or any later day specified in it; and

(b)remains in force for the period specified in it unless before then it expires under subregulation (2), is surrendered or is cancelled.

(2)An apiary authority expires if the apiary site ceases to be land in respect of which the authority can be granted under Part VIII Division 1 or 2, as the case requires, of the Act.

(3)The holder of an apiary authority may surrender it at any time by returning the permit or licence to the CEO, in which case it ceases to have effect when it is received by the CEO.

[Regulation 98F inserted in Gazette 3 Sep 2010 p. 4280.]

98G.Conditions

(1)In this regulation —

apiarist includes an employee or agent of the apiarist;

local departmental office, in relation to an apiary site, means the office of the Department responsible for the day‑to‑day management of the area that includes the apiary site.

(2)The following conditions apply to every apiary authority —

(a)the apiarist must immediately report any outbreak of fire on or near the apiary site to the local departmental office;

(b)the apiarist must cooperate with the Department and any other authority or person lawfully carrying out fire prevention or control activities on or near the apiary site;

(c)the apiarist must ensure that there is adequate water on the apiary site for all apiary requirements;

(d)before placing hives on the apiary site the apiarist must give notice to —

(i)the local departmental office; and

(ii)if the site is on a pastoral lease or mining tenement — the employee or agent of the pastoral lessee or tenement holder who is responsible for the day‑to‑day management of the area of the lease or tenement where the site is located;

(e)the apiarist must take all reasonably practicable steps to ensure that the apiarist’s activities do not infect the site with, or spread, a forest disease;

(f)the apiarist must comply with the following written laws —

(i)Conservation and Land Management Act 1984;

(ii)Bush Fires Act 1954;

(iii)Health Act 1911;

(iv)any written law relating to protection of water catchments or regulation of water supplies.

(3)A notice for the purposes of subregulation (2)(d) must include the following information —

(a)the proposed location of the hives;

(b)the number of hives proposed to be placed on the site;

(c)how long it is proposed the hives will remain on the site;

(d)the names of the people who are expected to be entering the site for apiary purposes.

[Regulation 98G inserted in Gazette 3 Sep 2010 p. 4280‑1.]

98H.Application of regulations to apiary sites that are not on CALM land

If an apiary site is on land that is not CALM land, the regulations listed in the Table apply in relation to the apiarist, any employee or agent of the apiarist and any other person who is on the site for a purpose related to the operation of the apiary, as if the apiary site were CALM land.

Table

r. 21

r. 23

r. 24

r. 25

r. 27

r. 31

r. 34

r. 35

r. 36

r. 38

[Regulation 98H inserted in Gazette 3 Sep 2010 p. 4281.]

98I.Other operations not affected by apiary

(1)The fact that an apiary authority is in force in respect of a site does not affect the right of any person who has lawful authority to do so from doing any of the following, whether on the site or elsewhere —

(a)felling, cutting or removing any forest produce;

(b)carrying out any fire control or prevention activity, including the construction and maintenance of firebreaks and managed burning;

(c)doing anything that is required or permitted to be done under a management plan.

(2)The holder of an apiary authority is not entitled to compensation for any loss or damage arising from the carrying out of any such activity.

[Regulation 98I inserted in Gazette 3 Sep 2010 p. 4282.]

98J.False or misleading information

A person must not, in relation to an apiary authority, give information orally or in writing to the CEO that the person knows to be —

(a)false or misleading in a material particular; or

(b)likely to deceive in a material way.

Penalty: a fine of $1 000.

[Regulation 98J inserted in Gazette 3 Sep 2010 p. 4282.]

98K.Rent for apiary sites

(1)The holder of an apiary authority is to pay to the CEO annual rent for each apiary site at the rate set out in subregulation (2).

(2)The rate of rent is —

(a)if the site is in the South‑west zone — $84; or

(b)if the site is outside the South‑west zone — $42.

(3)The rent is payable annually in advance on the date on which the apiary authority takes effect and each anniversary of that date.

(4)If an apiary authority is to be in force for part only of a year the rent payable for that year is reduced proportionately.

(5)The rent is payable whether or not the apiarist places any hives on, or removes any forest produce from, the apiary site.

[Regulation 98K inserted in Gazette 3 Sep 2010 p. 4282.]

Part 8 Fees

[Heading amended in Gazette 29 Sep 2006 p. 4319.]

99.Entrance fees for motor vehicles

(1)In this regulation — 

non‑tour motor vehicle means a motor vehicle that is not a tour vehicle;

tour vehicle means —

(a)a vehicle that is fitted with seats for 8 or more adult persons, including the driver, and is being used to carry passengers for separate fares; or

(b)a taxi within the meaning of the Taxi Act 1994; or

(c)a vehicle that is licensed to stand or ply for the carriage of passengers for reward; or

(d)a vehicle that is fitted with seats for 13 or more persons, including the driver of the vehicle, and is being used to carry 13 or more persons, including the driver.

(2)Subject to subregulations (3) and (4) and Schedule 1 Division 1 — 

(a)the relevant fee specified in Schedule 1 Division 1 item 1, 2 or 5 is payable daily per non‑tour motor vehicle entering an area of CALM land, and the person in charge of the vehicle is liable to pay the relevant fee; and

(b)the relevant fee specified in Schedule 1 Division 1 item 3, 4, or 6 is payable daily per occupant of a tour vehicle entering an area of CALM land, and the owner or operator of the tour vehicle is liable to pay the fee for every occupant of the tour vehicle.

(3)Fees are not payable under this regulation unless the CEO has erected signs at or near the entrances to the area of CALM land — 

(a)stating that fees are payable for entry to that area; and

(b)specifying the fees that are payable; and

(c)specifying the manner in which the fees are to be paid.

(4)A person is not liable to pay a fee under this regulation for entry in a non‑tour motor vehicle to an area of CALM land if that person has —

(a)paid the fee prescribed in Schedule 1 Division 2 for an extended pass for that person to enter that area at the relevant time and complied with any conditions on entry set out in that Division for that fee; or

(b)been otherwise authorised by the CEO to enter that area.

(5)A person must pay, in the manner specified on a sign under subregulation (3)(c), a fee for which the person is liable under this regulation.

Penalty: $200.

(6)This regulation does not apply to aircraft.

[Regulation 99 amended in Gazette 29 Sep 2006 p. 4320 and 4334.]

99A.Landing fees for tour aircraft — Ibis Aerial Highway

(1)The fee specified in Schedule 1 Division 1 item 7 is payable daily per occupant of a tour aircraft, other than the pilot and crew of the tour aircraft, that lands on an aircraft landing area that is —

(a)in Windjana Gorge National Park; or

(b)at Bell Creek Homestead; or

(c)at Mt. Hart Homestead.

(2)The operator of the aircraft is liable to pay the fee for every occupant of the aircraft.

(3)The operator must pay the fee for which the operator is liable.

Penalty: $1 000.

(4)In this regulation and Schedule 1 —

tour aircraft means an aircraft operating under a commercial operations licence.

[Regulation 99A inserted in Gazette 29 Sep 2006 p. 4320‑1.]

100.Entrance fees for Tree Top Walk

(1)In this regulation — 

Tree Top Walk means the walkway known as the “Tree Top Walk” constructed within the area known as the “Valley of the Giants”, near Walpole.

(2)The relevant fee specified in Schedule 1 Division 3 is payable by a person entering the Tree Top Walk.

(3)The CEO is to erect a sign at the entrance to the Tree Top Walk — 

(a)specifying the fees payable under this regulation; and

(b)specifying the manner in which the fees are to be paid.

(4)A person must pay, in the manner specified in a sign under subregulation (3)(b), a fee for which the person is liable under this regulation.

Penalty: $200.

[Regulation 100 amended in Gazette 29 Sep 2006 p. 4334.]

100A.Entrance fees for Crystal Cave and Calgardup and Giants Caves

(1)The relevant fee specified in Schedule 1 Division 7 item 1 is payable by a person entering Crystal Cave, Yanchep National Park.

(2)The relevant fee specified in Schedule 1 Division 7 item 2 is payable by a person entering Calgardup or Giants Caves, Leeuwin‑Naturaliste National Park.

(3)The CEO is to erect signs at the entrance to each of the caves —

(a)specifying the fees payable under this regulation; and

(b)specifying the manner in which the fees are to be paid.

(4)A person must pay, in the manner specified on a sign under subregulation (3)(b), a fee for which the person is liable under this regulation.

Penalty: $200.

[Regulation 100A inserted in Gazette 29 Sep 2006 p. 4321‑2.]

101.Fees for Geikie Gorge National Park Boat Trip

The fees for the Geikie Gorge National Park Boat Trip are as prescribed in Schedule 1 Division 4.

102.Fees for entry on horseback

A person must not enter an area of CALM land on horseback unless the relevant fee specified in Schedule 1 Division 5 has been paid — 

(a)in the case of a daily entrance fee, to an authorised officer; and

(b)in the case of an annual pass, to the CEO,

before entering that area.

Penalty: $200.

[Regulation 102 amended in Gazette 29 Sep 2006 p. 4334.]

102A.Abseiling fee

(1)Subject to subregulation (2), a person who intends to abseil in a designated abseiling area during a particular half‑day, or day in the case of Willyabrup Cliffs, is liable to pay the relevant fee specified in Schedule 1 Division 9 in respect of the half‑day or day.

(2)Fees are not payable under this regulation unless the CEO has erected a sign at the abseiling area — 

(a)stating that fees are payable for abseiling; and

(b)specifying the fees that are payable; and

(c)specifying the manner in which the fees are to be paid.

(3)A person must pay, in the manner specified in a sign under subregulation (2)(c), the fee for which the person is liable under this regulation.

Penalty: $200.

(4)If a person, who has paid the relevant fee in advance, notifies the CEO more than 2 weeks before the half‑day, or day, in respect of which the fee was paid that the person is not going to abseil on that half‑day, or day, in the area in respect of which the fee was paid, the CEO may refund the fee.

(5)In this regulation —

designated abseiling area means an area designated under regulation 6 for the purposes of regulation 33.

[Regulation 102A inserted in Gazette 29 Sep 2006 p. 4322‑3.]

103.Camping fees

(1)Subject to subregulation (3) the fees specified in Schedule 1 Division 6 are payable in respect of persons who camp in camping areas on CALM land.

(2)A person occupying a camping site is liable to pay the fee referred to in subregulation (1) or, if there is more than one person occupying the site, the persons occupying the site are jointly and severally liable to pay the fee.

(3)Fees are not payable under this regulation unless the CEO has erected a sign at the camping area — 

(a)stating that fees are payable for camping; and

(b)specifying the fees that are payable; and

(c)specifying the manner in which the fees are to be paid.

(4)A person must pay, in the manner specified in a sign under subregulation (3)(c), a fee for which the person is liable under this regulation.

Penalty: $200.

[Regulation 103 amended in Gazette 29 Sep 2006 p. 4334.]

103A.Companion of Companion Card holder

Despite anything in this Part, a person need not pay a fee under this Part to enter a place or do a thing if —

(a)the person is, at the time of entering the place or doing the thing, the companion of a person who holds a Companion Card; and

(b)the person who holds the Companion Card is entitled to pay a concession fee to enter the place or do the thing.

[Regulation 103A inserted in Gazette 29 Sep 2006 p. 4323.]

104.Fees may be waived or reduced

The CEO may waive payment of a fee or part of a fee prescribed or provided for in these regulations.

[Regulation 104 amended in Gazette 29 Sep 2006 p. 4334.]

Part 9  Miscellaneous

[Heading inserted in Gazette 29 Sep 2006 p. 4323.]

105.Organised events and meetings

(1)A person must not, without lawful authority, organise, advertise or hold a meeting, function or event on CALM land which is likely to involve or involves the attendance of more than 100 persons.

Penalty: $2 000.

(2)The CEO cannot refuse to authorise a person for the purposes of subregulation (1) except on grounds relating to the adverse effects of the meeting, function or event on the environment or other users of the land.

[Regulation 105 amended in Gazette 29 Sep 2006 p. 4323‑4.]

106.Unlawful commercial operations

(1)A person must not, without lawful authority, sell any goods or services, or carry on any business, on CALM land.

Penalty: $2 000.

(2)A person must not advertise that the person is willing to sell any goods or services, or that the person carries on or will carry on a business, on CALM land unless the person has lawful authority to sell the goods or services, or carry on the business, on the CALM land.

Penalty: $2 000.

[Regulation 106 amended in Gazette 29 Sep 2006 p. 4324.]

107.Distribution of printed matter and advertising material

A person must not, without lawful authority, on CALM land —

(a)sell or distribute or carry or expose for sale any printed or written matter; or

(b)distribute any printed or written matter for a commercial purpose; or

(c)advertise or promote any product, service or event for a commercial purpose.

Penalty: $500.

[Regulation 107 inserted in Gazette 29 Sep 2006 p. 4324‑5.]

108.Photography for commercial purposes

A person must not, without lawful authority, take — 

(a)still pictures on CALM land by photographic or electronic means if the pictures are to be used for commercial purposes; or

(b)motion pictures on CALM land by photographic or electronic means if the pictures are to be used for commercial purposes.

Penalty: $500.

[Regulation 108 amended in Gazette 29 Sep 2006 p. 4325.]

109.Production of licences etc.

The holder of a licence, permit, written authorisation or pass issued under the Act or these regulations must, if requested by an authorised officer, produce the licence, permit, authorisation or pass for inspection —

(a)if it is a condition of the licence, permit, authorisation or pass that the holder produce the licence, permit, authorisation or pass upon demand of an authorised officer — at the time of the request; or

(b)if paragraph (a) does not apply — as soon as is practicable.

Penalty: $1 000.

[Regulation 109 amended in Gazette 29 Sep 2006 p. 4325.]

110.False or misleading information

A person must not, in relation to the holding of a lease, licence or permit or the payment of a fee, give information orally or in writing to an authorised officer that the person knows to be — 

(a)false or misleading in a material particular; or

(b)likely to deceive in a material way.

Penalty: $1 000.

111.Signs — presumption

A sign on CALM land is to be taken to have been erected or made by the authority of the CEO unless the contrary is shown.

[Regulation 111 amended in Gazette 29 Sep 2006 p. 4334.]

111A.Reasons for decisions

(1)A person aggrieved by a decision of the CEO under these regulations may apply to the CEO for reasons for the decision.

(2)The CEO must give the reasons for the decision to the person.

[Regulation 111A inserted in Gazette 29 Sep 2006 p. 4326.]

112.Infringement notices

(1)The offences described in Schedule 2 columns 1 and 2 are prescribed offences for the purposes of section 114A of the Act.

(2)The penalties set out in Schedule 2 column 3 are prescribed modified penalties for the offence in columns 1 and 2 to which the penalties correspond, for the purposes of section 114A of the Act.

(3)Schedule 3 Form 1 is prescribed for the purposes of section 114A(1) of the Act.

(4)Schedule 3 Form 2 is prescribed for the purposes of section 114A(6) of the Act.

113.Evidence

In any prosecution under these regulations an averment in the complaint — 

(a)that the place at or in respect of which a contravention of a regulation is alleged to have occurred was, or was within, a restricted area declared for the purpose of that regulation;

(b)that the place at or in respect of which a contravention of a regulation is alleged to have occurred was, or was within, a designated area declared for the purpose of that regulation; or

(c)that an act or state of affairs occurred without lawful authority,

is taken to have been proved in the absence of evidence to the contrary.

114.Forest Management Regulations 1993 amended

(1)The amendments in this regulation are to the Forest Management Regulations 1993.

(2)Regulation 2 is amended by deleting the definitions of camp, camping area, camping unit, caravan, non‑tour motor vehicle, tour motor vehicle and Tree Top Walk.

(3)The regulations are amended by repealing — 

(a)Part 12; and

(b)regulation 90; and

(c)regulation 103; and

(d)Part 17A; and

(e)regulations 131, 132, 133 and 134; and

(f)Schedule 2 Forms 3 and 4; and

(g)Schedules 2A and 2B.

115.Repeal

The following regulations are repealed —

(a)the National Parks Authority Regulations;

(b)the Conservation and Land Management Regulations 1992;

(c)Part 6 of the Wildlife Conservation Regulations 1970.

116.Saving

(1)Nothing in this regulation is to be construed so as to limit the operation of the Interpretation Act 1984.

(2)The repeal of a former provision does not affect any document or appointment made or anything done under any provision so repealed so far as it is subsisting or in force at the time of the repeal and could have been made or done under these regulations.

(3)Each such document, appointment or thing has effect as if it had been made or done under the corresponding provision of these regulations and as if the provisions had been in force when the document or appointment was made or the thing was done.

(4)In particular, and without limiting the generality of subregulations (2) and (3), those subregulations apply to —

(a)any notice erected on any land; and

(b)any licence granted under Part 5 of the Conservation and Land Management Regulations 1992.

(5)In subregulation (2) —

former provision means a provision repealed by regulation 114 or 115.

[Regulation 116 amended in Gazette 4 Oct 2002 p. 5066.]

Schedule 1Fees

[r. 49, 83, 92, 97, 98C, 99, 99A, 100, 100A, 101, 102, 102A, 103]

[Heading amended in Gazette 29 Sep 2006 p. 4326; 3 Sep 2010 p. 4283.]

Division 1Daily entrance fees where an entrance fee is charged

 

 

$

1.

*Daily entrance fee for non‑tour motor vehicle that is a motorcycle

5.00

2.

*Daily entrance fee for non‑tour motor vehicle that is not a motorcycle (unless item 5 applies)

11.00

3.

*Daily entrance for each occupant (6 years of age or older) of tour vehicle (unless entry is to Yanchep National Park or Nambung National Park, or item 6 applies)

5.00

4.

Daily entrance for each occupant (6 years of age or older) of tour vehicle — Yanchep National Park, Nambung National Park

5.00

5.

*Daily entrance concession fee for non‑tour motor vehicle if the driver holds a concession card

5.00

6.

*Daily entrance concession fee for occupant of tour vehicle if the occupant holds a concession card (except where tour vehicle is operating for profit)

1.50

7.

Daily landing fee for each occupant (6 years of age or older) of a tour aircraft

11.00

[* Payment of a daily entrance fee under this item entitles the visitor on that day to enter any other area of CALM land for which an entrance fee is charged under the same item.]

[Division 1 amended in Gazette 29 Sep 2006 p. 4326‑7; 28 Aug 2009 p. 3356.]

Division 2 — Fees for passes providing extended entrance to CALM land

[Heading inserted in Gazette 28 Aug 2009 p. 3354.]

 

 

$

1.

For an annual pass for a non‑tour motor vehicle with up to 8 occupants to all CALM land where an entrance fee is charged except the Monkey Mia Conservation Park

80.00

2.

For an annual concession pass for a non‑tour motor vehicle with up to 8 occupants to all CALM land where an entrance fee is charged except the Monkey Mia Conservation Park

50.00

 

Conditions on entry: the driver holds a concession card

 

3.

For a 4 week pass for a non‑tour motor vehicle with up to 8 occupants to all CALM land where an entrance fee is charged except the Monkey Mia Conservation Park

40.00


4.

For an annual local pass for a non‑tour vehicle with up to 8 occupants for any one national park or reserve or for any one of the following groups of national parks, conservation parks and reserves —

(a)Walyunga, Avon Valley and John Forrest

(b)Gloucester, Warren, Beedelup, Greater Beedelup, Shannon and D’Entrecasteaux

(c)Stirling Range, Porongurup and Fitzgerald River

(d)Stokes, Cape Le Grand, Cape Arid and Fitzgerald River

(e)Karijini and Millstream‑Chichester

(f)Mirima, Purnululu and Mitchell River

(g)Windjana, King Leopold Ranges and Tunnel Creek

(h)Nambung and Lesueur
















20.00

5.

For an annual pass for a non‑tour motor vehicle with up to 8 occupants to all CALM land where an entrance fee is charged except the Monkey Mia Conservation Park and an annual subscription to the magazine “Landscope”

110.00

6.

For a pass for one group entering the Yanchep National Park in one or more non‑tour motor vehicles for the purposes of a wedding or other function

100.00

[Division 2 inserted in Gazette 28 Aug 2009 p. 3354‑5.]

Division 3 Daily entrance fees for Tree Top Walk

 

 

$

1.

For person 16 years of age or over

10.00

2.

For person of more than 5 and less than 16 years of age

5.00

3.

For family (2 adults and 2 children of more than 5 and less than 16 years of age)


25.00

4.

For holder of a concession card

8.00

[Division 3 amended in Gazette 29 Sep 2006 p. 4328; 28 Aug 2009 p. 3356.]

Division 4 Fees for Geikie Gorge National Park Boat Trip

 

 

$

1.

For person 16 years and over

28.00

2.

For person of more than 5 and less than 16 years of age

7.50

3.

For family (2 adults and 2 children of more than 5 and less than 16 years of age)

60.00

4.

For holder of a concession card

20.00

[Division 4 amended in Gazette 29 Sep 2006 p. 4328; 28 Aug 2009 p. 3355 and 3356.]

Division 5 Horse riding

 

 

$

1.

Daily fee for one person

6.50

2.

Annual pass for family

50.00

[Division 5 amended in Gazette 28 Aug 2009 p. 3356.]

Division 6 — Camping site fees

[Heading inserted in Gazette 29 Sep 2006 p. 4329.]

 

 

Fee per night
$

1.

Fee for site with no ablutions or showers —

each person 16 years of age or over


7.00

 

each person 16 years of age or over who holds a
concession card

5.00

 

each person of more than 5 and less than 16 years of age

2.00

2.

Fee for site with facilities including ablutions or showers —

each person 16 years of age or over

9.00

 

each person 16 years of age or over who holds a concession card

6.00

 

each person of more than 5 and less than 16 years of age

2.00

3.

Fee for site in Windjana Gorge National Park, Purnululu National Park or King Leopold Ranges Conservation Park —

each person 16 years of age or over

11.00

 

each person 16 years of age or over who holds a concession card

8.00

 

each person of more than 5 and less than 16 years of age

2.00

[Division 6 inserted in Gazette 29 Sep 2006 p. 4329; amended in Gazette 28 Aug 2009 p. 3355 and 3356.]

Division 7 Cave entrance fees

 

 

$

1.

Crystal Cave, Yanchep National Park —

each person 16 years of age or over

each person of more than 5 and less than 16 years of age

a family (2 adults and 2 children of more than 5 and less than 16 years of age)

each person who holds a concession card

 

10.00

5.00


25.00

8.00

 

2.

Calgardup and Giants Caves, Leeuwin‑Naturaliste National Park —

each person 16 years of age or over

15.00

 

each person of more than 5 and less than 16 years of age

8.00

 

a family (2 adults and 2 children of more than 5 and less than 16 years of age)

40.00

 

each person who holds a concession card

10.00

[Division 7 amended in Gazette 29 Sep 2006 p. 4329‑30; 28 Aug 2009 p. 3357.]

Division 8 Licence and permit fees

 

 

$

1.

Application for cave permit per person per half‑day (r. 49)

5.00

2.

Application for scientific purposes licence (r. 83)

25.00

3.

Application for renewal of scientific purposes licence (r. 92)

25.00

4.

Application for commercial operations licence (r. 83)

100.00

5.

Application for renewal of commercial operations licence (r. 97)

100.00

[Division 8 amended in Gazette 29 Sep 2006 p. 4330; 28 Aug 2009 p. 3357.]

Division 9 — Fees for abseiling

[Heading inserted in Gazette 29 Sep 2006 p. 4330.]

 

 

$

1.

Fee for abseiling other than at Wilyabrup Cliffs (r. 102A)

per person per half‑day


8.00

2.

Fee for abseiling at Wilyabrup Cliffs (r. 102A)

per person per day or part day


8.00

[Division 9 inserted in Gazette 29 Sep 2006 p. 4330; amended in Gazette 28 Aug 2009 p. 3355 and 3357.]

Division 10 — Fees for Monkey Mia Conservation Park

[Heading inserted in Gazette 28 Aug 2009 p. 3356.]

 

 

$

1.

For person 16 years of age or over

8.00

2.

For person of more than 5 and less than 16 years of age

3.00

3.

For family (2 adults and 2 children of more than 5 and less than 16 years of age)


15.00

4.

For holder of a concession card

6.00

5.

One month pass for person 16 years of age or over

12.00

6.

One month pass for person of more than 5 and less than 16 years of age


5.00

7.

One month pass for family (2 adults and 2 children of more than 5 and less than 16 years of age)


30.00

8.

One month pass for holder of a concession card

10.00

[Division 10 inserted in Gazette 28 Aug 2009 p. 3356.]

Division 11 — Apiary permit and licence fees

[Heading inserted in Gazette 3 Sep 2010 p. 4283.]

 

 

$

1.

Application for grant of apiary authority
where item 4 does not apply —

(a)for apiary site in South‑west zone
(fee per 5 sites)

(b)for apiary site outside the South‑west zone
(fee per 5 sites)



135.00


65.00

2.

Application to transfer apiary authority

12.00

3.

Application to vary apiary licence to change the site to which it relates —

(a)where new site is in the South‑west zone
(fee per 5 new sites)

(b)where new site is outside the South‑west zone (fee per 5 new sites)



100.00


50.00

4.

Application for grant of apiary permit where permit is sought to replace a permit held by the applicant for a different site which will be surrendered if the application is granted —

(a)where new site is in the South‑west zone
(fee per 5 new sites)

(b)where new site is outside the South‑west zone (fee per 5 new sites)





100.00


50.00

[Division 11 inserted in Gazette 3 Sep 2010 p. 4283.]

 

Schedule 2Offences to which modified penalties apply

[r. 112]

Division 1 Offences under the Act

 

Column 1

Column 2

Column 3

Item No.

Section creating offence

Nature of offence

Penalty

$

1.

101C

Unlawfully taking flora or fauna in marine nature reserve, marine park or marine management area

200

2.

103(1)

Unlawful taking of forest produce

200

3.

106

Unlawful occupation of land

200

4.

107(b)

Unlawfully altering signs etc.

200

5.

107(c)

Damaging buildings etc.

200

6.

107(d)

Destroying dams etc.

200

7.

107(i)

Removing forest produce without paying

200

[Division 1 amended in Gazette 29 Sep 2006 p. 4330‑1.]

Division 2 Offences under these regulations

 

Column 1

Column 2

Column 3

Item No.

 

Regulation creating offence

Nature of offence

Penalty

$

1.

8(1)

Taking flora or fauna

200

2.

9(1)

Fishing in restricted area

100

3.

10

Feeding fauna

50

4.

12(1)

Failing to stow firearm or ammunition

100

5.

12(2)

Possession in restricted or classified area of unstowed spear, speargun or gidgie

100

6.

12(3)

Possession of restricted device

100

6a.

12(3a)

Unauthorised use of firearm, spear gun etc.

200

7.

15

Bringing animal on to, or allowing animal to enter or remain, on CALM land

50

8.

16(2)

Failing to control or manage dog in designated area

50

9.

17(2)

Failing to control or manage horse in designated area

50

10.

18

Hunting etc. non‑indigenous animal

100

11.

19

Failing to remove animal

50

12.

21(1)

Causing or allowing waste to be discharged or placed on CALM land

200

13.

21(4)

Failing to comply with conditions for discharging sewage in designated area

200

14.

22

Painting or treating vessels

200

15.

23(1)

Polluting water supply

200

16.

23(2)

Swimming etc. in reservoir or tank

50

17.

24(1)

Littering

100

18.

26

Taking glass into restricted area

50

19.

27(2)

Failing to comply with direction to remove litter

200

20.

28

Cleaning etc. fish in restricted area

35

21.

29(1)

Smoking in cave

50

22.

29(2)

Lighting a fire in a cave

200

23.

31(1)

Damaging, disturbing or removing naturally occurring feature

200

24.

32

Sandboarding

50

25.

33

Abseiling

50

25a.

34(1)

Unauthorised structure

200

25b.

34(4)

Failing to comply with direction to pull down etc. unauthorised structure

200

25c.

35A(1)

Quarrying, removing or disturbing soil etc.

200

26.

36

Dumping of vehicles etc.

200

27.

37(1)

Billsticking etc.

50

28.

37(2)

Damaging or interfering with thing or structure

200

29.

38(1)

Erecting unauthorised sign or notice

100

30.

39(1) or (2)

Unlawful lighting of fires etc.

200

31.

40(2)

Failing to comply with direction to extinguish fire

200

32.

41

Entering certain classified areas

200

33.

42

Entering limited access area other than on foot or by vessel

200

34.

43

Entering wilderness area by vehicle, vessel or animal

100

35.

46(1)

Entering closed area

100

36.

47(1)

Failing to enter through gate or barrier

50

37.

47(2)

Unlawfully unlocking etc. gate or barrier

50

37a.

47(3)

Unlawfully removing etc. gate or barrier

50

38.

48

Entering or remaining on area set aside for Departmental purposes

50

39.

49(4)

Entering or remaining in cave

100

40.

49(5)

Failing to comply with condition or restriction of permit to enter cave

100

40a.

50

Unlawfully organising cross country events etc.

100

41.

51(1)

Unlawfully driving or using vehicle

100

41a.

51(3)

Unlawfully driving or using vehicle in restricted area

200

41b.

51A(1)

Unlawfully riding a bicycle on CALM land

50

41c.

51A(3)

Unlawfully riding a bicycle in restricted area

100

42.

52

Unlawfully using off‑road vehicle

100

42a.

53

Unlawfully organising car rallies etc.

200

43.

54(1)

Breaching traffic law

50

44.

55

Failing to obey direction in relation to the parking or movement of vehicle

50

45.

56(1)

Parking contrary to direction on sign

50

46.

56(4)

Failing to pay parking charge or display ticket

50

47.

57

Obstructing vehicle etc.

50

47a.

59(1)

Unlawfully installing a mooring

200

48.

59(2)

Using an unlawful mooring

100

49.

59(3)

Securing a vessel in an unlawful manner

100

50.

60(1)

Anchoring a vessel in a restricted area

100

51.

61

Operating certain vessels in a restricted area

50

51a.

61A

Unlawful operation of vessels in nature reserves

100

51b.

62(1)

Unsafe navigation of vessels

50

52.

63

Failing to obey direction as to vessel

50

53.

64(1)

Launching etc. vessel in restricted area

100

53a.

64(2)

Launching etc. vessel in restricted area — contravention of restriction

100

54.

64(4)

Failing to comply with direction to remove vessel

100

54a.

65(1)

Unlawful landing of aircraft etc.

100

55.

66(1)

Camping other than in camping area

50

56.

66(2)

Failing to comply with condition of camping area

50

57.

67(2)

Failing to comply with direction to vacate camp

100

58.

68

Entering camping unit without authority

50

59.

69(1)

Unlawful construction of camping unit

100

60.

69(2)

Unlawful positioning of camping unit

50

61.

69(3)

Failing to maintain camping site in clean and sanitary condition

50

62.

69(4)

Failing to confine camp to allotted or defined site

50

63.

69(6)

Failing to comply with direction to move site

100

64.

70(2)

Failing to comply with direction as to power generator

100

64a.

71(2a)

Unlawfully collecting firewood for campfire

20

64b.

73(2)

Failing to comply with signs

50

65.

75(2)

Taking intoxicating substance into cave

50

66.

76(1)

Removing CALM property

200

66a.

78(1a)

Failing to comply with order to remove unauthorised property

50

67.

88(2)

Failing to comply with requirement to return licence

50

68.

98(3)

Contravention of condition of commercial operations licence

100

69.

99(5)

Failing to pay entrance fee

35

69a.

99A(3)

Failing to pay landing fee for tour aircraft

100

70.

100(4)

Failing to pay fee for Tree Top Walk

35

70a.

100A(4)

Failing to pay entrance fee

35

71.

102

Failing to pay entrance fee when entering on horseback

35

71a.

102A(3)

Failing to pay abseiling fee

35

72.

103(4)

Failing to pay camping fee

35

73.

105(1)

Organising etc. meeting etc.

200

74.

106(1)

Selling goods or services, or carrying on business

200

74a.

106(2)

Advertising goods or services or a business

200

75.

107

Distributing etc. printed matter etc.

50

76.

108

Unlawfully taking still or motion pictures

50

77.

109

Failing to produce licence etc.

100

78.

110

Giving false or misleading information

100

[Division 2 amended in Gazette 29 Sep 2006 p. 4331‑3; 27 Feb 2007 p. 625‑6.]

Schedule 3 Forms

[r. 112(3)]

Form 1

Conservation and Land Management Regulations 2002

Infringement Notice

Conservation and Land Management Act 1984

(section 114A(1)) No. . . . . . . . . . . . . . .

Date . . . ./ . . . . / . . . .

1. To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name)

of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(address)

2. It is alleged that at about . . . . . . . . .a.m./p.m. on the . . . day of. . . . . . . . . . . ., you committed an offence against regulation . . . . . of the Conservation and Land Management Regulations 2002 by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. If you do not wish to have a complaint of the alleged offence heard and determined by a court, you may pay the modified penalty of $ . . . . . . . . for that offence to the Chief Executive Officer within 21 days of the giving of this notice.

4. Payment may be made by either posting this form and a cheque, money or postal note for the modified penalty to the Chief Executive Officer, Department of Environment and Conservation, P.O. Box 104, Como WA 6152, or by delivering this form and paying the modified penalty at an office of the Department of Environment and Conservation.

5. If this modified penalty is not paid within 21 days of the date of this notice, court proceedings may be taken against you.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of (forest/wildlife/conservation
and land management officer/ranger)*

(* Delete whichever does not apply.)

[Form 1 amended in Gazette 29 Sep 2006 p. 4333.]

Form 2

[r. 112(4)]

Conservation and Land Management Regulations 2002

Withdrawal of Infringement Notice

Conservation and Land Management Act 1984

(section 114A(6)) No. . . . . . . . . . . . . . .

Date . . . ./ . . . . / . . . .

To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name)

of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(address)

 

1. Infringement Notice No. . . . . . . . . . . . . . Date . . . ./ . . . ./ . . . . for the alleged offence of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .and specifying the modified penalty of $. . . . . . . . is withdrawn.

2. No further action will be taken against you. *

OR

It is proposed to commence court proceedings against you for the alleged offence. *

(* Delete whichever does not apply.)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chief Executive Officer,

Department of Environment and Conservation

[Form 2 amended in Gazette 29 Sep 2006 p. 4333.]

Form 3 — Apiary permit

Apiary Site Permit (v6)

[Form 3 inserted in Gazette 3 Sep 2010 p. 4284.]

dline

 

Notes

1This reprint is a compilation as at 5 November 2010 of the Conservation and Land Management Regulations 2002 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Conservation and Land Management Regulations 2002

3 May 2002 p. 2233‑308

3 May 2002

Conservation and Land Management Amendment Regulations 2002

4 Oct 2002 p. 5065‑6

4 Oct 2002

Conservation and Land Management Amendment Regulations 2004

4 May 2004 p. 1383

4 May 2004

Conservation and Land Management Amendment Regulations (No. 2) 2004

27 Jul 2004 p. 3077‑8

27 Jul 2004

Conservation and Land Management Amendment Regulations 2006

29 Sep 2006 p. 4297‑334

29 Sep 2006 (see r. 2)

Reprint 1: The Conservation and Land Management Regulations 2002 as at 3 Nov 2006 (includes amendments listed above)

Conservation and Land Management Amendment Regulations 2007

27 Feb 2007 p. 625‑6

27 Feb 2007

Conservation and Land Management Amendment Regulations (No. 2) 2007

29 Jan 2008 p. 241‑2

r. 1 and 2: 29 Jan 2008 (see r. 2(a));
Regulations other than r. 1 and 2: 30 Jan 2008 (see r. 2(b))

Financial Management (Transitional Provisions) Regulations 2009 r. 3 4

27 Feb 2009 p. 529‑30

28 Feb 2009 (see r. 2(b))

Conservation and Land Management Amendment Regulations 2009

28 Aug 2009 p. 3354‑7

r. 1 and 2: 28 Aug 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Sep 2009 (see r. 2(b))

Conservation and Land Management Amendment Regulations (No. 2) 2010

3 Sep 2010 p. 4278‑84

r. 1 and 2: 3 Sep 2010 (see r. 2(a));
Regulations other than r. 1 and 2: 4 Sep 2010 (see r. 2(b) and
Gazette 3 Sep 2010 p. 4273)

Reprint 2: The Conservation and Land Management Regulations 2002 as at 5 Nov 2010 (includes amendments listed above)

2The Swan River Trust Act 1988 was repealed by the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006.

3Repealed by these regulations r. 115.

4The Financial Management (Transitional Provisions) Regulations 2009 r. 4 reads as follows:

 

4.Transitional provision for Barrow Island Trust Account

(1)In this regulation —

Barrow Island Net Conservation Benefit Account means the account of that name established as an agency special purpose account under the Financial Management Act 2006 section 16 in accordance with the Conservation and Land Management Act 1984 section 69(1);

Barrow Island Trust Account means the account referred to in the Conservation and Land Management Regulations 2002 Part 7A immediately before the commencement of regulation 3.

(2)Any money standing to the credit of the Barrow Island Trust Account immediately before the commencement of regulation 3 is to be transferred to the Barrow Island Net Conservation Benefit Account.

 

 

 

 

Defined Terms

 

[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)

aboriginal artefact2

aboriginal site2

apiarist98G(1)

apiary authority98A

apiary licence98A

apiary permit98A

apiary site98A

authorised officer2

beach64(7)

bicycle2

bicycle path51A(4)

CALM land2, 8(3)

camp2

camping area2

camping unit2

caravan2

cave49(1)

commercial operations licence2

commercial purpose2

Companion Card2

concession card2

designated abseiling area102A(5)

designated area2

fauna8(3)

firewood71(4)

fishing activity9(2)

former provision116(5)

licence82

litter24(2)

local departmental office98G(1)

mooring2

naturally occurring feature31(4)

non‑indigenous animal2

non‑tour motor vehicle99(1)

plant13(2)

property77(1)

restricted area2

restricted device12(5)

school holidays2

scientific purposes licence2

sell2

services2

sign2

soil35A(2)

South‑west zone98A

specified56(6)

structure34(2)

take2

ticket vending machine56(6)

tour aircraft99A(4)

tour vehicle99(1)

tree2

Tree Top Walk100(1)

vehicle2

vessel2

waste21(5)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer