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reg 5

Restricted areas

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Part 1Preliminary

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), 49A (access on foot), 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.

(7)

The CEO must not declare an area of CALM land to be a restricted area for the purposes of regulation 49A unless —

(a)

the area is in a marine reserve; and

(b)

the purpose of the declaration is to protect and conserve the value of the land to the culture and heritage of Aboriginal persons.

[Regulation 5 amended: Gazette 29 Sep 2006 p. 4305‑6 and 4334; 10 Nov 2015 p. 4605.]

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Section 5 — Restricted areas — Conservation and Land Management Regulations 2002 (Western Australia) — Barrister AI