Conservation and Land Management Amendment Act 2015 (WA)

Year: 
2015
Jurisdiction: 
Western Australia
Issues (subject): 
Environmental protection
Joint management
PBC

The purpose of this Act is to amend the Conservation and Land Management Act 1984 (WA) to implement Government policy commitments including improving the efficiency and effectiveness of the CALM Act.

The CALM Act enables joint vesting of national parks, nature reserves and conservation parks between the Conservation and Parks Commission and native title parties.

The Act will insert in Clause 5(2) the definitions for the following new terms:

  • Aboriginal body corporate – this definition is based on a definition in the Commonwealth‘s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).
  • The definition under the CATSI Act (at 16-5) is - An Aboriginal and Torres Strait Islander Corporation is a corporation registered under the Act. The reference to Torres Strait Islander corporations is not relevant to the Western Australian situation and has thus been excluded from the proposed CALM Act definition.

The Native Title Act 1993 also refers to registered native title bodies corporate, which must be registered under the CATSI Act.

For further information please see the Explanatory Memorandum.

 

Relevant provisions:

s 8AA Land may be vested jointly in Commission and Aboriginal body corporate

(1)         In this section — 

vested has the meaning assigned to it by section 19(3). 

(2)         The Minister, after consultation with the Commission, may make a written determination that — 

(a)         land that is proposed to be a national park, nature reserve or conservation park, or part of a national park, nature reserve or conservation park, is, when reserved under the Land Administration Act 1997 Part 4, to be vested jointly in the Commission and a specified Aboriginal body corporate; or 

(b)         a national park, nature reserve or conservation park, or part of a national park, nature reserve or conservation park that is vested solely in the Commission, is to be vested jointly in the Commission and a specified Aboriginal body corporate. 

(3)         The Minister must not make a determination under subsection (2) unless the Aboriginal body corporate has consented to the joint vesting. 

(4)         Land in respect of which a determination is made under subsection (2)(a) is, when reserved under the Land Administration Act 1997 Part 4, by this subsection vested jointly in the Commission and the Aboriginal body corporate. 

(5)         Land in respect of which a determination is made under subsection (2)(b) is, on and from the date of the determination or a later date that is specified in the determination, by this subsection vested jointly in the Commission and the Aboriginal body corporate. 

(6)         Action under subsection (5) does not change — 

(a)         the purpose for which the land is reserved under the Land Administration Act 1997 ; or 

(b)         the category of the land under this Act. 

(7)         In the case of land that is vested jointly in the Commission and an Aboriginal body corporate under subsection (4) or (5) the functions of the Aboriginal body corporate in relation to the land are limited to those conferred on a joint responsible body by this Act. 

(8)         If an Aboriginal body corporate in which land is vested under this section is deregistered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth) Part 12-1 or 12-2, the land ceases to be vested in the Aboriginal body corporate and by this section vests solely in the Commission. 

 (9)         The Minister may revoke or amend a determination made under subsection (2) at any time before the vesting under subsection (4) or (5) of the land in respect of which the determination is made.