Plantation Management – Regulation and Planning
Western Australia
Legislation
Overview of WA legislation applicable to plantation forestry
| Legislation | Agency | Comment |
|---|---|---|
| Aboriginal Heritage Act 1972 | Aboriginal Affairs Department. | Provides protection for Indigenous objects and places of significance. |
| Aerial Spraying Control Act 1966 Aerial Spraying Control Regulations 1971 | Department of Agriculture &Food WA | Regulates the use of aerial spraying to prevent off-site effects. Significant for plantation management. |
| Agriculture Protection Board Act 1950 | Department of Agriculture &Food WA | The control of declared plants and animals required by section 39 of the ARRP ACT 1976 (see next). |
| Agriculture and Related Resources Protection Act 1976 and Agriculture Protection Board Act 1956 | Department of Agriculture &Food WA | Control feral animals and declared plants and animals |
| Agriculture and Veterinary Chemicals (Western Australia) Act 1995 | Department of Agriculture &Food WA | To regulate the use of agricultural chemicals. This Act implements the Australian Agricultural and Veterinary Chemicals Code Act 1994 |
| Biological Control Act 1986 | Department of Agriculture &Food WA | To make provision for the biological control of pests in Western Australia. This is part of Australia wide uniform legislation. The Australian Biological Control Act 1984 refers |
| Bush Fires Act 1954 | Fire and Emergency Services | Provides for fire management and the control of fire in rural areas. |
| Carbon Rights Act 2003 | Department of Land Information | Creates carbon rights as interests in land on registration and provides for dealings. Allows for creation and registration of carbon covenants |
| Conservation and Land Management (CALM) Act 1984 | Department of Environment & Conservation | Empowers DEC to plan and manage forests on crown land tenures. |
| CALM Amendment Act 2000 | Department of Environment & Conservation | Responsibility for the conservation and protection of indigenous flora and fauna on all tenures, including private land. |
| Forest Management Regulations 1993. | Department of Environment & Conservation/ Forest Products Commission | Establishes the Conservation Commission of W.A. to advise Minister on application of principles of ESFM and production and harvesting on a sustained yield basis of forest produce To regulate the forest management activities, particularly timber harvesting. |
Country Areas Water Supply Act 1947 Country Areas Water Supply (Clearing Licence)Regulations 1981 Country Areas Water Supply By-Laws 1957 Metropolitan Water Supply Sewerage and Drainage Act 1909 |
Department of Water Department of Environment & Conservation Department of Water Department of Water |
The safeguarding of water supply, allowing the Water & Rivers Commission to control clearing in selected catchments and to establish By-Laws to regulate land use to control potential pollution in a Public Drinking Water Source Area. Provides for protection of vegetation on all land tenures if clearing is likely to affect water quality or yield. |
| Dangerous Goods (Transport) Act 1998 | Main Roads WA | To provide for the safe transport of dangerous goods by vehicles |
| Environmental Protection Act 1986 | Department of Environment and Conservation | Provides for the assessment of the environmental impacts of forest management proposal and allows the Minister to set conditions on implementation to moderate adverse impacts. 2003 amendments require clearing permits to be granted prior to any natural vegetation being cleared. |
| Exotic Diseases of Animals Act 1993 | Department of Agriculture &Food WA | Covers the eradication of major exotic animal diseases. |
| Explosives and Dangerous Goods Act 1961 | Department of Consumer & Employment Protection (Worksafe WA) | The Act regulates the authorisation, manufacture, importation and use of explosives and the classification, making, storage, carriage and sale of explosives and dangerous goods |
| Fish Resources Management Act 1994 | Department of Fisheries | The management of fish resources. This includes any public authority that proposes to construct, alter or modify a dam, weir or reservoir on a river, creek or other naturally flowing stream. |
| Forest Products Act 2000 | Forest Products Commission | Provides for the FPC to participate in forest management planning, ensures the principles of ESFM are applied in the management of indigenous forest products located on public land and gives them the responsibility for all harvesting and the sale of forest products. |
| Land Administration Act 1997 | Department of Land Information | Regulates all dealings with crown land and also provides for power to resume for state purposes |
| Health Act 1911 Health (Pesticide) Regulations 1956 | Health Department of WA | Controls the use of pesticides in forest management. lLicensing of applicators, restrictions on pesticide use in drinking water catchments. |
| Heritage of Western Australia Act 1990 | Heritage Council of WA | Provides for the protection and conservation of cultural heritage from disturbance, facilitation of development which is in harmony with cultural values, and promotion of public awareness |
| Land Administration Act 1997 | Department of Land Information | Regulates all dealings with crown land and also provides for powerr to resume for state purposes. |
| Land Drainage Act 1925 | Department of Water | Provides for the drainage of land, the use of drains and drainage water. |
| Mining Act 1978 | Department of Industry and Resources | Provides for mining on private land and the respective interests of miners and landowners. Pre-existing mining rights are paramount. |
| Occupational Safety and Health Act 1984 | Department of Consumer and Employment Protection (Worksafe WA) | To protect workers by ensuring provision and maintenance of safe work place and systems of work |
| Occupiers Liability Act 1985 | Department of Planning & Infrastructure | Provides statutory basis for negligence of occupiers of land |
| Planning and Development Act 2005 | Department of Planning & Infrastructure; WA Planning Commission and Local Authorities | Establishes the WAPC and delegate certain power to local authorities. This Act repeals and replaces the Town Planning and Development Act. 1928. It places an emphasis on environmental impacts. It provides powers to make state planning policies and local and regional schemes The Act also affects the ability to grant long term leases and creates offences for contravention |
| Plant Diseases Act 1914 | Department of Agriculture and Food WA | Provides regime for dealing with diseased plants. |
| Poisons Act 1964 | Department of Health | Regulates and controls the possession, sale and use of poisons including application and management of pesticides |
| Petroleum Pipelines Act 1969 | Department of Land Information | Provides for compulsory acquisition of land where required for petroleum pipeline |
| Property Law Act 1968 | General rights in dealing with property. See particularly sections 11, 80 and 82 | |
| Rights in Water and Irrigation Act 1914 | Department of Water | The objectives of the Act are to manage water resources sustainably; protect environmental values; encourage the efficient use of water; and actively engage local communities in management |
| Soil and Land Conservation Act 1950 | Department of Food & Agriculture WA | Provides for the protection of soil and water resources by establishing controls on clearing native vegetation on all tenures and drainage works. Mainly relevant to plantation activities. Provides for protection of vegetation on all land tenures if clearing is likely to affect land degradation. |
| Transfer of Land Act 1893 | Department of Land Information | Sets out legislative framework and regulatory system for registration and legal rights relating to land including leases, profits a prendre, Carbon rights and tree plantations and exceptions to indefeasibility. |
| Town Planning and Development Act 1928 | Repealed | See Planning & Development Act 2005 |
| Tree Plantation Agreement Act 2003 | Department of Land Information | Provides for the making and effect of certain agreements, and for the creation and effect of certain interests in land, in relation to tree plantations, and for related matters. |
| Waterways Conservation Act 1976 | Department of Water | To make provision for the conservation and management of certain waters and of associated land and environment. Also addresses concern regarding pollution of a river, inlet or estuary. |
| Wildlife Conservation Act 1950 | Department of Environment and Conservation | Protect declared flora or fauna, including those likely to become extinct, rare, or otherwise in need of special protection from adverse effects resulting from forest management. |
