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Rural Lands Protection Amendment
Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to facilitate the amalgamation of existing rural lands protection
districts and to provide greater flexibility in constituting rural lands
protection boards for districts by enabling the Minister to determine
the number of divisions for each district and the number of directors
for each rural lands protection board, and
(b)
to make transitional provision to enable directors to be elected for the
boards of districts that are proposed to be amalgamated on November
1997 at the elections due to be held for directors of existing rural lands
protection boards on or after 10 October 1997 and before that date.
Clause 2 provides for the commencement of the proposed Act on the date of
assent.
Clause 3 is a formal provision giving effect to the amendments to the Rural
Lands Protection Act 1989 set out in Schedule 1.
Constitution of districts
Schedule 1 [ l ] replaces section 4 of the Principal Act with a new section 4 to
make it clear that the Governor may, by proclamation published in the
Gazette, alter the boundaries or name of any rural lands protection district,
dissolve the whole or any part of a district or amalgamate part or all of one
district with part or all of one or more other districts to constitute a single
district. A proclamation under the new section is to take effect on the day the
proclamation is published in the Gazette or on a later day specified in the
proclamation.
Divisions of districts and directors for divisions
At present section 5 of the Principal Act requires the Minister to divide each
rural lands protection district (other than certain excluded districts) into 4
divisions and requires 2 directors of the board for the district to be elected or
appointed for each division. Schedule 1 [2] and [3] amend section 5 of the
Principal Act to enable the Minister to divide a rural lands protection district
into the number of divisions determined by the Minister and to specify the
number of directors to be elected or appointed for each division. Schedule l
[4]-[8] contain consequential amendments relating to matters such as
quorums.
Savings and transitional provisions
Schedule 1 [9] enables regulations of a savings or transitional nature to be
made as a consequence of the enactment of the proposed Act.
Schedule 1 [10] inserts Part 4 into Schedule 5 to the Principal Act. Clause 48
of Part 4 contains a savings provision to ensure existing rural lands protection
districts are not inadvertently affected by the replacement of section 4. The
remaining provisions enable directors for the board of certain districts,
proposed to be constituted by an amalgamation with effect on 1 November
Explanatory note page 2
1997, to be elected to take office on that day. The provisions will ensure that
the first election for the amalgamated districts takes place at the same time as
the general elections for directors of boards of rural lands protection districts
(held every 4 years) due to take place on or after 10 October 1997 and before
that date. The provisions will also enable the Minister to determine the
number of divisions for the amalgamated districts and the number of
directors for those districts in time for those elections to be consistent with
the proposed amendments to section 5 of the Principal Act. Provision is also
made to enable the Minister to appoint a person to act as returning officer for
the election and to facilitate the amalgamation as determined by the Minister
and to limit the action that can be taken by rural lands protection boards
affected by the proposed amalgamations between introduction of the Bill into
Parliament and 1 November 1997.
Explanatory note page 3