Western Australian Numbered Acts Western Australian Numbered Acts (1) The Minister must
carry out a review of the operation and effectiveness of this Act as soon as
is practicable after the expiration of 5 years from its commencement, and
in the course of that review the Minister must consider and have regard
to —
(a) the
effectiveness of the operations of the Trust;
(b) the
need for the continuation of the functions of the Trust; and
(c) such
other matters as appear to the Minister to be relevant to the operation and
effectiveness of this Act.
(2) The Minister must
prepare a report based on the review made under subsection (1) and must,
as soon as is practicable after the preparation of the report, cause the
report to be laid before each House of Parliament.
[s. 8]
All of the land and waters shown on Deposited Plan 47464.
Schedule 2 -- Swan Canning Riverpark
[s. 9]
All of the land and waters shown hatched in blue on Deposited Plan 47465.
Schedule 3 -- Development control area
[s. 10]
All of the land and waters shown bordered in red on Deposited Plan 47465.
[s. 11]
Reserve 48325 , being the land in Lot 300 on Deposited Plan 47450, Lot 301 on
Deposited Plan 47451, Lots 302 & 303 on Deposited Plan 47452, Lots 304
– 306 (inclusive) on Deposited Plan 47453, Lot 4893 on Deposited Plan
157903, Lot 11523 on Deposited Plan 189858, Lots 13598 & 13599 on
Deposited Plan 220695, Lot 13017 on Deposited Plan 193785, Lot 13690 on
Deposited Plan 220927, Lot 13949 on Deposited Plan 27474 and Lot 14082 on
Deposited Plan 26651 comprising a total area of about 3002ha.
Reserve 48326,
being the land in Lot 320 on Deposited Plan 47467 and Lot 321 on Deposited
Plan 47468 comprising a total area of about 36ha.
Reserve 48327, being the
land in Lots 310 & 311 on Deposited Plan 47439, Lots 312 & 313 on
Deposited Plan 47440, Lots 314 – 316 (inclusive) on Deposited Plan
47441, Lot 4162 on Deposited Plan 93607, Lots 4367 & 4368 on Deposited
Plan 194473, Lot 4369 on Deposited Plan 194474, Lot 4280 on Deposited Plan
215572 and Lot 4840 on Deposited Plan 32737 comprising a total area of about
558ha.
[s. 3, 6(1), 136(2)(a)]
1. The chief executive officers of the departments
principally assisting in the administration of the following Acts, and any
other person carrying out functions under the following Acts, to the extent
that their functions relate to matters affected by this Act —
(a) the
Armadale Redevelopment Act 2001 ;
(b) the
Bush Fires Act 1954 ;
(c) the
Conservation and Land Management Act 1984 ;
(d) the
East Perth Redevelopment Act 1991 ;
(e) the
Environmental Protection Act 1986 ;
(f) the
Fire and Emergency Services Authority of Western Australia Act 1998 ;
(g) the
Fish Resources Management Act 1994 ;
(h) the
Forest Products Act 2000 ;
(i)
the Health Act 1911 ;
(j) the
Hope Valley-Wattleup Redevelopment Act 2000 ;
(k) the
Jetties Act 1926 ;
(l) the
Land Administration Act 1997 ;
(m) the
Land Drainage Act 1925 ;
(n) the
Local Government Act 1995 ;
(o) the
Main Roads Act 1930 ;
(p) the
Marine and Harbours Act 1981 ;
(q) the
Midland Redevelopment Act 1999 ;
(r) the
Mining Act 1978 ;
(s) the
Planning and Development Act 2005 ;
(t) the
Port Authorities Act 1999 ;
(u) the
Public Transport Authority Act 2003 ;
(v)
the Rights in Water and Irrigation Act 1914 ;
(w) the
Shipping and Pilotage Act 1967 ;
(x)
the Soil and Land Conservation Act 1945 ;
(y) the
Stock (Identification and Movement) Act 1970 ;
(z) the
Strata Titles Act 1985 ;
(aa) the
Subiaco Redevelopment Act 1994 ;
(bb) the
Transport Co-ordination Act 1966 ;
(cc) the
Water and Rivers Commission Act 1995 ;
(dd) the
Water Corporation Act 1995 ;
(ee) the
Waterways Conservation Act 1976 ;
(ff) the
Western Australian Land Authority Act 1992 ;
(gg) the
Western Australian Planning Commission Act 1985 .
2. The Armadale Redevelopment Authority
established under the Armadale Redevelopment Act 2001 .
3. The Conservation Commission established under
the Conservation and Land Management Act 1984 .
4. The Marine Parks and Reserves Authority
established under the Conservation and Land Management Act 1984 .
5. The East Perth Redevelopment Authority
established under the East Perth Redevelopment Act 1991 .
6. The Fire and Emergency Services Authority of
Western Australia established under the Fire and Emergency Services Authority
of Western Australia Act 1998 .
7. The Forest Products Commission established
under the Forest Products Act 2000 .
8. A local government or commissioner appointed
under the Local Government Act 1995 to administer that local government.
9. The Commissioner of Main Roads appointed under
the Main Roads Act 1930 .
10. The Midland Redevelopment Authority
established under the Midland Redevelopment Act 1999 .
11. The Public Transport Authority of Western
Australia established under the Public Transport Authority Act 2003 .
12. The Commissioner for Soil Conservation
appointed under the Soil and Land Conservation Act 1945 .
13. The Subiaco Redevelopment Authority
established under the Subiaco Redevelopment Act 1994 .
14. The Western Australian Land Authority
established under the Western Australian Land Authority Act 1992 .
15. The Western Australian Planning Commission
established under the Planning and Development Act 2005 .
16. A licensee as defined in the Water Services
Licensing Act 1995 .
17. The holder of a licence under the
Electricity Industry Act 2004 .
18. The holder of a distribution licence under the
Energy Coordination Act 1994 .
19. Any decision-making authority as defined in
the Environmental Protection Act 1986 section 3.
Schedule 6 -- Constitution and proceedings of the board
[s. 20]
Division 1 — General provisions
1 . Meaning of “appointed member”
In this
Division —
“appointed member” means a person
appointed under section 19(1)(a) or (c).
(1) An appointed
member holds office for such period, not exceeding 3 years, as is
specified in the instrument of his or her appointment, and is eligible for
reappointment.
(2) Despite
subclause (1), if the period of office of an appointed member expires by
effluxion of time without a person having been appointed to fill the vacancy,
the appointed member continues in office until a person is appointed to fill
the vacancy.
(1) The chairman may
be appointed on terms that require the duties of that office to be performed
on a full-time basis.
(2) Except as provided
in subclause (1), appointment as a member must be on a part-time basis.
(1) The office of an
appointed member becomes vacant if —
(a) the
member resigns the office by written notice addressed to the Minister;
(b) the
member is an insolvent under administration as defined in the
Corporations Act 2001 (Commonwealth);
(c) the
member is absent, without leave of the Minister, from 3 consecutive
meetings of which the member has had notice;
(d) the
member is removed from office by the Minister under subclause (2).
(2) The Minister may
remove an appointed member from office if the Minister is satisfied that the
member —
(a) is
incompetent, has misbehaved or has neglected his or her duties as a member; or
(b) is
suffering from mental or physical incapacity impairing the performance of his
or her functions.
The Minister may grant
leave of absence to a member on such terms and conditions as the Minister
thinks fit.
The Minister must
designate one of the members appointed under section 19(1)(a) as the
deputy chairman of the board and that person has, during any period when the
chairman is absent or otherwise unable to perform the functions of chairman,
all of the functions and entitlements of the chairman.
(1) Where a member,
other than the chairman, is unable to act by reason of sickness, absence or
other cause, the Minister may appoint a person who, as far as is practicable,
has similar knowledge and experience as that member to act in place of that
member, and while so acting the appointee has all the functions and
entitlements of a member.
(2) An appointment
under subclause (1) may be revoked by the Minister at any time.
(3) If the deputy
chairman is performing the functions of the chairman at a meeting,
subclause (1) applies as though the deputy chairman were absent from the
meeting.
(4) No act or omission
of a person acting in place of another under this clause is to be questioned
on the ground that the occasion for so acting had not arisen or had ceased.
(1) Subject to
subclause (2), meetings must be held at the times and places determined
by the board.
(2) The chairman or
any 4 members may, on reasonable notice to all members, call a meeting at any
time.
(3) At a meeting of
the board, 5 members constitute a quorum.
(4) The chairman must
preside at all meetings of the board at which he or she is present, or in
which he or she is participating under clause 10.
(5) If both the
chairman and the deputy chairman are not present or participating, the members
present or participating must appoint a member to preside.
(6) Questions arising
at a meeting of the board must be decided, in open voting, by a majority of
the votes of members present.
(7) If the votes of
members present or participating at a meeting and voting on a question are
equally divided, the person presiding has a casting vote in addition to a
deliberative vote.
(8) In this
clause —
“member” includes a person who attends
a meeting under section 22.
9 . Resolution may be passed without meeting
(1) If —
(a) a
document containing a statement to the effect that a resolution has been
passed is sent or given to all members;
(b) the
document is assented to by not less than 5 members,
that resolution is to
be taken as having been passed by a meeting of the board.
(2) Subclause (1)
does not apply to a resolution that relates to a relevant matter for a local
government as defined in section 22(2) unless the local government has
consented in writing to the passing of the resolution.
(3) For the purposes
of subclause (1) —
(a) the
meeting is to be taken as having been held —
(i)
if the members assented to the document on the same day
— on the day on which the document was assented to and at the time at
which the document was last assented to by a member; or
(ii)
if the members assented to the document on different
days — on the day on which, and at the time at which, the document
was last assented to by a member;
(b) 2 or
more separate documents in identical terms each of which is assented to by one
or more members are to be taken to constitute one document; and
(c) a
member may signify assent to a document —
(i)
by signing the document; or
(ii)
by notifying the Trust of the member’s assent in
person or by post, facsimile transmission, telephone, email or other method of
written, electronic, audio or audiovisual communication.
(4) Where a member
signifies assent to a document otherwise than by signing the document, the
member must by way of confirmation sign the document at the next meeting of
the board attended by the member, but failure to do so does not invalidate the
resolution to which the document relates.
(5) Where a document
is assented to in accordance with subclause (1), the document is to be
taken as a minute of a meeting of the board.
(6) The chairman must
report the passing of a resolution under subclause (1) to the next
meeting of the board.
10 . Telephone or similar meeting
(1) In this
clause —
“member” includes a person who
participates in a meeting under section 22.
(2) A communication
between a majority of members by telephone, audio visual or other electronic
means is a valid meeting of the board if —
(a) each
participating member is capable of communicating with every other
participating member instantaneously at all times during the proceedings; and
(b) all
members were advised that the communication would be taking place and were
given the opportunity to participate.
The board must cause
accurate records to be kept of the proceedings at its meetings.
Subject to this Act,
the board is to determine its own procedures.
Division 2 — Disclosure of interests
In this
Division —
“member” includes a person who attends
a meeting under section 22.
(1) A member who has a
material personal interest in a matter being considered or about to be
considered by the board must, as soon as possible after the relevant facts
have come to the member’s knowledge, disclose the nature of the interest
at a meeting of the board.
Penalty: a fine of $10 000.
(2) A disclosure under
subclause (1) must be recorded in the minutes of the meeting.
15 . Voting by interested members
A member who has a
material personal interest in a matter that is being considered by the
Board —
(a) must
not vote whether at a meeting or otherwise —
(i)
on the matter; or
(ii)
on a proposed resolution under clause 16 in respect
of the matter, whether relating to that member or a different member;
and
(b) must
not be present while —
(i)
the matter; or
(ii)
a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at
a meeting.
16 . Clause 15 may be declared inapplicable
Clause 15 does
not apply if the board has at any time passed a resolution that —
(a)
specifies the member, the interest and the matter; and
(b)
states that the members voting for the resolution are satisfied that the
interest should not disqualify the member from considering or voting on the
matter.
17 . Quorum where clause 15 applies
(1) Despite
clause 8(3), if a member of the board is disqualified under
clause 15 in relation to a matter, a quorum is present during the
consideration of the matter if at least 4 members are present who are entitled
to vote on any motion that may be moved at the meeting in relation to the
matter.
(2) The Minister may
deal with a matter to the extent that the board cannot deal with it because of
subclause (1).
18 . Minister may declare clauses 15 and 17
inapplicable
(1) The Minister may,
in writing, declare that clause 15 or 17 or both of them do not
apply in relation to a specified matter either generally or in voting on
particular resolutions.
(2) The Minister must
cause a copy of a declaration made under subclause (1) to be laid before
each House of Parliament or dealt with under clause 19 within
14 days after the declaration is made.
19 . Supplementary provision about laying
documents before Parliament
(1) If —
(a) at
the commencement of a period referred to in clause 18(2) in respect of a
document a House of Parliament is not sitting; and
(b) the
Minister is of the opinion that that House will not sit during that period,
the Minister must
transmit a copy of the document to the Clerk of that House.
(2) A copy of a
document transmitted to the Clerk of a House is to be —
(a)
taken to have been laid before that House; and
(b)
taken to be a document published by order or under the authority of that
House.
(3) The laying of a
copy of a document that is taken to have occurred under subclause (2) is
to be recorded in the Minutes, or Votes and Proceedings, of the House on the
first sitting day of the House after the Clerk received the copy.
Schedule 7 -- Local governments and redevelopment authorities
[s. 22, 26]
Local governments
City of Armadale
Town of Bassendean
City of Bayswater
City of Belmont
City of Canning
Town of Claremont
Town of East Fremantle
City of Fremantle
City of Gosnells
Shire of Kalamunda
City of Melville
Town of Mosman Park
Shire of Mundaring
City of Nedlands
Shire of Peppermint Grove
City of Perth
City of South Perth
City of Subiaco
City of Swan
Town of Victoria Park
Town of Vincent
Redevelopment authorities
East Perth Redevelopment Authority
Midland Redevelopment Authority
Schedule 8 -- Prescribed regulations
[s. 125]
|
Item |
Regulation |
Description of offence |
|
1 |
Damage to litter receptacle | |
|
2 |
Interference with litter receptacle | |
|
3 |
Depositing domestic or commercial waste in litter receptacle | |
|
4 |
Environmental Protection (Unauthorised Discharges) Regulations 2004
regulation 3 |
Discharging certain materials into the environment |
|
5 |
Applying or selling organotin anti-fouling paint | |
|
6 |
Environmental Protection (Controlled Waste) Regulations 2004
regulation 39 |
Disposing of controlled waste other than in accordance with regulation |
|
7 |
Environmental Protection (Controlled Waste) Regulations 2004
regulation 43 |
Disposing of material containing asbestos other than in accordance with
regulation |
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
Term Provision(s)
Account
3(1)
affect 7(1)
alleged offender
122
applicant 67
application
112(1)
appointed member
Sch. 6, cl. 1
approval 67
approving
authority 81(1)
authorised person
123(1)
board 3(1)
CALM Act
11(1)
catchment area 3(1)
chairman 3(1)
chief executive officer
37(1)
code 54(1)
committee
3(1)
Crown land 3(1)
development 3(1), 67
development application
67
development control area
3(1)
document 35(1)
dwelling
104
eligible person 33(1)
entry
warrant 104
financial assurance
118(1)
Foundation 3(1)
Foundation
Account 3(1)
General Manager
3(1)
high water mark 3(1)
information
35(1)
inspector 3(1)
investigative purposes 104
land
3(1)
lease 29(1)
lot
3(1)
management programme 3(1)
Marine Authority 11(1)
marine reserve
11(1)
member 3(1), 21(1),
134(1), 135(1), Sch. 6, cl. 8(8), Sch. 6, cl. 10(1), Sch. 6, cl. 13
Metropolitan Region Scheme 3(1)
Metropolitan
Scheme Act 3(1)
Minister for Lands
12(1)
Minister for Planning 3(1)
mobile home 104
native title rights and interests
7(1)
NTA 7(1)
officer
of the Trust 3(1)
owner
3(1), 89(1)
personal details 106(1)
place
104
prescribed 3(1)
prescribed offence 122
private land
28(1)
public authority 3(1)
redevelopment authority 3(1)
register
94(1)
Registrar 94(1)
relevant Minister 55(3), 61(1)
relevant record
108(1)
remote communication
112(1)
responsible authority 94(1), 96(1)
responsible person 118(2)
river protection notice
3(1)
river protection strategy
3(1)
River reserve 3(1)
River
reserve lessee 3(1)
Riverpark
3(1)
Riverpark shoreline 3(1), 12(1)
Schedule 5 authority 3(1)
Schedule 5
Minister 6(5)
scheme
94(1), 96(1)
strategic document 3(1)
Swan Valley
67
Swan Valley Planning Committee
67
Trust 3(1)
Trust website
3(1)
unallocated Crown land
3(1)
unmanaged reserve 12(1)
vehicle
104
waters 3(1)
Western Australian Planning Commission 3(1)