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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Australian Datum)
Bill 2000
A Bill for
An Act to amend various Acts to enable regulations to be made
under those Acts to prescribe a datum or datums by reference to
which the position on the surface of the Earth of a point, line or area
may be determined.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Acts Amendment (Australian
Datum) Act 2000.
page 1
92--1
Acts Amendment (Australian Datum) Bill 2000
s. 2
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
5 3. Fish Resources Management Act 1994 amended
(1) The amendments in this section are to the Fish Resources
Management Act 1994*.
[* Act No. 53 of 1994.
For subsequent amendments see 1998 Index to Legislation of
10 Western Australia, Table 1, pp. 95-6.]
(2) Section 216(1) is amended by deleting "Australian Geodetic
Datum." and inserting instead --
" prescribed Australian datum. ".
(3) Section 216(2) is repealed and the following subsections are
15 inserted instead --
"
(2) Regulations that prescribe a datum for the purposes
referred to in subsection (1), or amend that datum or
prescribe another datum to replace that datum, may
20 make any transitional or savings provisions that are
necessary or convenient to be made --
(a) in relation to authorisations, aquaculture leases
or exclusive licences granted before the
regulations take effect;
25 (b) in relation to applications for authorisations,
aquaculture leases or exclusive licences
pending when the regulations take effect;
page 2
Acts Amendment (Australian Datum) Bill 2000
s. 4
(c) in relation to management plans, orders, notices
or other instruments made under this Act and in
force when the regulations take effect; or
(d) for any other purpose.
5 (3) Regulations referred to in subsection (2) may modify
or otherwise affect the operation of this Act.
".
4. Land Administration Act 1997 amended
After section 6 of the Land Administration Act 1997* the
10 following section is inserted in Part 1 --
"
6A. Position on the Earth's surface
(1) If for the purposes of this Act it is necessary to
determine the position on the surface of the Earth of a
15 point, line or area, that position is to be determined by
reference to the prescribed Australian datum.
(2) Regulations that prescribe a datum for the purposes
referred to in subsection (1), or amend that datum or
prescribe another datum to replace that datum, may
20 make any transitional or savings provisions that are
necessary or convenient to be made.
(3) Regulations referred to in subsection (2) may modify
or otherwise affect the operation of this Act.
".
25 [* Act No. 30 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 136, and Acts Nos. 26 and 60
of 1999.]
page 3
Acts Amendment (Australian Datum) Bill 2000
s. 5
5. Mining Act 1978 amended
Section 56B of the Mining Act 1978* is repealed and the
following section is inserted instead --
"
5 56B. Position on the Earth's surface
(1) Where for the purposes of this Division, or the
regulations made for the purposes of this Division, it is
necessary to determine the position on the surface of
the Earth of a point, line or area, that position is to be
10 determined by reference to the prescribed Australian
datum.
(2) Regulations that prescribe a datum for the purposes
referred to in subsection (1), or amend that datum or
prescribe another datum to replace that datum, may
15 make any transitional or savings provisions that are
necessary or convenient to be made --
(a) in relation to exploration licences granted under
section 57 before the regulations take effect;
(b) in relation to applications for exploration
20 licences under section 58 pending when the
regulations take effect; or
(c) for any other purpose.
(3) Regulations referred to in subsection (2) may modify
or otherwise affect the operation of this Act.
25 ".
[* Reprinted as at 26 July 1999.
For subsequent amendments see Acts Nos. 42 and 60
of 1999.]
page 4
Acts Amendment (Australian Datum) Bill 2000
s. 6
6. Pearling Act 1990 amended
(1) The amendments in this section are to the Pearling Act 1990*.
[* Act No. 88 of 1990.
For subsequent amendments see 1998 Index to Legislation of
5 Western Australia, Table 1, pp. 185-6.]
(2) Section 4(1) is amended by deleting "Australian Geodetic
Datum." and inserting instead --
" prescribed Australian datum. ".
(3) Section 4(2) is repealed and the following subsections are
10 inserted instead --
"
(2) Regulations that prescribe a datum for the purposes
referred to in subsection (1), or amend that datum or
prescribe another datum to replace that datum, may
15 make any transitional or savings provisions that are
necessary or convenient to be made --
(a) in relation to farm leases, licences or permits
issued before the regulations take effect;
(b) in relation to applications for farm leases,
20 licences or permits pending when the
regulations take effect; or
(c) for any other purpose.
(3) Regulations referred to in subsection (2) may modify
or otherwise affect the operation of this Act.
25 ".
page 5
Acts Amendment (Australian Datum) Bill 2000
s. 7
7. Petroleum Act 1967 amended
(1) The amendments in this section are to the Petroleum Act 1967*.
[* Reprinted as at 14 January 2000.]
(2) Section 8 is repealed and the following section is inserted
5 instead --
"
8. Position on the Earth's surface
(1) Where, for the purposes of this Act or the regulations,
or for the purposes of an instrument under this Act or
10 the regulations, it is necessary to determine the position
on the surface of the Earth of a point, line or area, that
position is to be determined by reference to the
prescribed Australian datum.
(2) A datum may be prescribed for all or some of the
15 purposes referred to in subsection (1), and different
datums may be prescribed for different purposes.
(3) Regulations that prescribe a datum for a purpose
referred to in subsection (1), or amend that datum or
prescribe another datum to replace that datum, may
20 make any transitional or savings provisions that are
necessary or convenient to be made --
(a) in relation to permits, drilling reservations,
leases, licences, special prospecting authorities
or access authorities granted before the
25 regulations take effect;
(b) in relation to applications for permits, drilling
reservations, leases, licences, special
prospecting authorities or access authorities
pending when the regulations take effect; or
30 (c) for any other purpose.
page 6
Acts Amendment (Australian Datum) Bill 2000
s. 8
(4) Regulations referred to in subsection (3) may modify
or otherwise affect the operation of this Act.
".
(3) After section 27(3) the following subsection is inserted --
5 "
(4) Without limiting subsection (2) of section 8, a datum is
to be prescribed by regulations referred to in that
section for the purposes of the determination of the
position on the surface of the Earth of a graticular
10 section or a block (including a block constituted as
provided by section 135).
".
8. Petroleum (Submerged Lands) Act 1982 amended
(1) The amendments in this section are to the Petroleum
15 (Submerged Lands) Act 1982*.
[* Reprinted as at 6 August 1999.]
(2) Section 10 is repealed and the following section is inserted
instead --
"
20 10. Position on the Earth's surface
(1) Where, for the purposes of this Act or the regulations,
or for the purposes of an instrument under this Act or
the regulations, it is necessary to determine the position
on the surface of the Earth of a point, line or area, that
25 position is to be determined by reference to the
prescribed Australian datum.
(2) A datum may be prescribed for all or some of the
purposes referred to in subsection (1), and different
datums may be prescribed for different purposes.
page 7
Acts Amendment (Australian Datum) Bill 2000
s. 8
(3) Regulations that prescribe a datum for a purpose
referred to in subsection (1), or amend that datum or
prescribe another datum to replace that datum, may
make any transitional or savings provisions that are
5 necessary or convenient to be made --
(a) in relation to permits, leases, licences, pipeline
licences, special prospecting authorities or
access authorities granted before the regulations
take effect;
10 (b) in relation to applications for permits, leases,
licences, pipeline licences, special prospecting
authorities or access authorities pending when
the regulations take effect; or
(c) for any other purpose.
15 (4) Regulations referred to in subsection (3) may modify
or otherwise affect the operation of this Act.
(5) Without limiting subsection (2), a datum is to be
prescribed by regulations referred to in this section for
the purposes of the determination of the position on the
20 surface of the Earth of the boundary of the area
described in Schedule 2.
".
(3) After section 17(3) the following subsection is inserted --
"
25 (4) Without limiting subsection (2) of section 10, a datum
is to be prescribed by regulations referred to in that
section for the purposes of the determination of the
position on the surface of the Earth of a graticular
section or a block.
30 ".
page 8
Acts Amendment (Australian Datum) Bill 2000
s. 8
(4) Schedule 2 is amended after the heading by inserting --
"
(Regulations referred to in section 10(5) prescribe a datum for the
purposes of this Schedule)
5 ".
page 9
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