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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Approvals and Related Reforms (No. 3)
(Crown Land) Bill 2009
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Aboriginal Affairs Planning
Authority Act 1972 amended
3. Act amended 3
4. Section 21A amended 3
5. Section 30 amended 3
Part 3 -- Aboriginal Heritage
Act 1972 amended
6. Act amended 4
7. Section 66 inserted 4
66. Authority to perform certain functions in
relation to Crown land for purposes of this
Act 4
8. Section 67 amended 5
Part 4 -- Environmental Protection
Act 1986 amended
9. Act amended 6
10. Section 121A inserted 6
121A. Authority to perform certain functions in
relation to Crown land for purposes of this
Act 6
11. Section 121 amended 7
100--2 page i
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Contents
Part 5 -- Land Administration
Act 1997 amended
12. Act amended 8
13. Section 91 amended 8
14. Section 259 amended 8
15. Section 275A inserted 8
275A. Disclosure of information about Crown
land interest holders 8
Part 6 -- Mining Act 1978 amended
16. Act amended 11
17. Section 8 amended 11
18. Section 25 amended 11
19. Section 160AA inserted 11
160AA. Authority to perform certain functions of
LAA Minister under this Act 11
20. Section 160A amended 12
Part 7 -- Petroleum Pipelines
Act 1969 amended
21. Act amended 13
22. Section 4 amended 13
23. Section 16 amended 13
Part 8 -- Planning and Development
Act 2005 amended
24. Act amended 14
25. Section 267A inserted 14
267A. Authority to perform certain functions in
relation to Crown land for purposes of this
Act 14
26. Section 267 amended 15
Part 9 -- Transfer of Land Act 1893
amended
27. Act amended 16
28. Section 4 amended 16
29. Section 17 inserted 16
17. Authority to perform certain functions of
Minister for Lands under this Act 16
30. Section 81D amended 17
page ii
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Contents
31. Section 153A amended 17
32. Section 198 amended 17
Part 10 -- War Service Land
Settlement Scheme Act 1954
amended
33. Act amended 18
34. Section 6 amended 18
35. Sections 11 and 12 inserted 18
11. Delegation 18
12. Protection from liability for wrongdoing 19
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Approvals and Related Reforms (No. 3)
(Crown Land) Bill 2009
A Bill for
An Act to amend various Acts in relation to Crown land and for
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Approvals and Related Reforms (No. 3) (Crown
4 Land) Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Aboriginal Affairs Planning Authority Act 1972 amended Part 2
s. 3
1 Part 2 -- Aboriginal Affairs Planning Authority
2 Act 1972 amended
3 3. Act amended
4 This Part amends the Aboriginal Affairs Planning Authority
5 Act 1972.
6 4. Section 21A amended
7 (1) Delete section 21A(2) and (3).
8 (2) Delete section 21A(8).
9 5. Section 30 amended
10 In section 30 delete "Mining Act 1904" and insert:
11
12 Mining Act 1978
13
page 3
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 3 Aboriginal Heritage Act 1972 amended
s. 6
1 Part 3 -- Aboriginal Heritage Act 1972 amended
2 6. Act amended
3 This Part amends the Aboriginal Heritage Act 1972.
4 7. Section 66 inserted
5 At the beginning of Part VIII insert:
6
7 66. Authority to perform certain functions in relation to
8 Crown land for purposes of this Act
9 (1) If, under section 18(2) or 24, the owner of Crown land
10 or freehold land in the name of the State may give, or is
11 required to give, notice that notice may be given by --
12 (a) the Minister as defined in the Land
13 Administration Act 1997 section 3(1) (the
14 Minister for Lands); or
15 (b) a person who is authorised in writing by the
16 Minister for Lands to do so.
17 (2) Nothing in this section limits the ability of the Minister
18 for Lands to otherwise perform a function through an
19 officer or agent.
20 (3) Nothing in this section affects --
21 (a) a right that any other person has under
22 section 18(2) or (5) in relation to land
23 mentioned in subsection (1) if the person is an
24 owner of that land because of section 18(1) or
25 (1a); or
26 (b) how that right may be exercised.
27
page 4
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Aboriginal Heritage Act 1972 amended Part 3
s. 8
1 8. Section 67 amended
2 (1) In section 67 delete "A person" and insert:
3
4 (1) A person
5
6 (2) At the end of section 67 insert:
7
8 (2) An action in tort does not lie against a person acting
9 under an authority mentioned in section 66(1) for
10 anything that the person has done, in good faith, in the
11 performance or purported performance of a function to
12 which the authority applies.
13 (3) The protection given by this section applies even
14 though the thing done as described in subsection (1) or
15 (2) may have been capable of being done whether or
16 not this Act had been enacted.
17 (4) Despite subsections (1) and (2), the State is not
18 relieved of any liability that it might have for another
19 person having done anything as described in those
20 subsections.
21 (5) In this section, a reference to the doing of anything
22 includes a reference to an omission to do anything.
23
page 5
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 4 Environmental Protection Act 1986 amended
s. 9
1 Part 4 -- Environmental Protection Act 1986 amended
2 9. Act amended
3 This Part amends the Environmental Protection Act 1986.
4 10. Section 121A inserted
5 After section 120 insert:
6
7 121A. Authority to perform certain functions in relation to
8 Crown land for purposes of this Act
9 (1) If, under a provision of this Act, the owner or occupier
10 of Crown land or freehold land in the name of the State
11 may give, or is required to give, notice or may make an
12 application or representation, give comments or
13 authority, show cause, provide information or do any
14 other thing, that thing may be done by --
15 (a) the Minister as defined in the Land
16 Administration Act 1997 section 3(1) (the
17 Minister for Lands); or
18 (b) a public service officer of the Department, as
19 defined in the Land Administration Act 1997
20 section 3(1), who is authorised in writing by the
21 Minister for Lands to do so.
22 (2) Nothing in this section limits the ability of the Minister
23 for Lands to otherwise perform a function through an
24 officer or agent.
25 (3) Nothing in this section affects --
26 (a) a right or obligation that any other person has
27 under Part V Division 2 in relation to land
28 mentioned in subsection (1) if the person is an
29 owner or occupier of that land because of the
30 meaning of those terms in that Division; or
page 6
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Environmental Protection Act 1986 amended Part 4
s. 11
1 (b) a right or obligation that any other person has
2 under any other provision of this Act in relation
3 to land mentioned in subsection (1) if the
4 person is an occupier of that land because of
5 the meaning of occupier in section 3(1); or
6 (c) how that right may be exercised or that
7 obligation may be satisfied.
8
9 11. Section 121 amended
10 In section 121(1) delete "against a person for anything that the
11 person has done, in good faith, in the performance or purported
12 performance of a function under this Act." and insert:
13
14 against --
15 (a) a person for anything that the person has done,
16 in good faith, in the performance or purported
17 performance of a function under this Act; or
18 (b) a person acting under an authority mentioned in
19 section 121A(1) for anything that the person
20 has done, in good faith, in the performance or
21 purported performance of a function to which
22 the authority applies.
23
page 7
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 5 Land Administration Act 1997 amended
s. 12
1 Part 5 -- Land Administration Act 1997 amended
2 12. Act amended
3 This Part amends the Land Administration Act 1997.
4 13. Section 91 amended
5 In section 91(5):
6 (a) delete "there is in effect an agreement between the
7 Minister and";
8 (b) delete "Governor enabling that area to be" and insert:
9
10 Governor, or a public service officer of the department
11 that is principally assisting in the administration of the
12 relevant Act, who is authorised in writing by that
13 Minister to do so, approves of that area being
14
15 14. Section 259 amended
16 In section 259(2) delete "who is the Minister, a delegate of the
17 Minister, an authorised land officer or a public service officer of
18 the Department".
19 15. Section 275A inserted
20 After section 274 insert:
21
22 275A. Disclosure of information about Crown land
23 interest holders
24 (1) In this section --
25 contact details includes postal address, telephone
26 number, facsimile number and email address;
27 Crown land interest holder means the holder of --
28 (a) a pastoral lease or other lease; or
page 8
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Land Administration Act 1997 amended Part 5
s. 15
1 (b) a licence; or
2 (c) an interest in relation to Crown land;
3 public authority means --
4 (a) a department of the Public Service; or
5 (b) a State instrumentality; or
6 (c) a local government; or
7 (d) a body that provides to members of the public
8 water, drainage, gas, electricity or ambulance or
9 other emergency services; or
10 (e) a prescribed agency of the Commonwealth.
11 (2) The chief executive officer of the Department may
12 disclose the name and contact details of a Crown land
13 interest holder to --
14 (a) an officer or employee of a public authority for
15 use in the performance of the public authority's
16 functions; or
17 (b) the Director General of Mines, as defined in the
18 Mining Act 1978 section 8(1), for providing the
19 information to applicants for, or holders of,
20 mining tenements, as defined in that section, or
21 to any other person who is required, under that
22 Act, to give notice to a Crown land interest
23 holder; or
24 (c) a prescribed person, in the circumstances and
25 on such conditions as may be prescribed.
26 (3) For the purposes of this section, the Pastoral Lands
27 Board may disclose the name and contact details of a
28 pastoral lessee to the chief executive officer of the
29 Department from the most recent return submitted by
30 the pastoral lessee under section 113.
31 (4) Information may be disclosed under subsection (2) or
32 (3), or provided under subsection (2)(b), despite any
33 written law relating to confidentiality or secrecy.
page 9
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 5 Land Administration Act 1997 amended
s. 15
1 (5) If information is disclosed, in good faith, under
2 subsection (2) or (3), or provided under
3 subsection (2)(b) (the disclosure) --
4 (a) no civil or criminal liability, or liability to be
5 punished for a contempt of court, is incurred in
6 respect of the disclosure; and
7 (b) the disclosure is not to be regarded as a breach
8 of any duty of confidentiality or secrecy
9 imposed by law; and
10 (c) the disclosure is not to be regarded as a breach
11 of professional ethics or standards or as
12 unprofessional conduct.
13
page 10
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Mining Act 1978 amended Part 6
s. 16
1 Part 6 -- Mining Act 1978 amended
2 16. Act amended
3 This Part amends the Mining Act 1978.
4 17. Section 8 amended
5 In section 8(1) insert in alphabetical order:
6
7 LAA Minister means the Minister to whom the
8 administration of the Land Administration Act 1997 is
9 for the time being committed by the Governor;
10
11 18. Section 25 amended
12 (1) In section 25(2)(b) delete "Minister to whom the administration
13 of the Land Administration Act 1997 is for the time being
14 committed by the Governor" and insert:
15
16 LAA Minister
17
18 (2) In section 25(3)(b) delete "Minister to whom the administration
19 of the Land Administration Act 1997 is for the time being
20 committed by the Governor" and insert:
21
22 LAA Minister
23
24 19. Section 160AA inserted
25 After section 160 insert:
26
27 160AA. Authority to perform certain functions of
28 LAA Minister under this Act
29 (1) A function that the LAA Minister has under a provision
30 of this Act listed in the Table may be performed by a
page 11
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 6 Mining Act 1978 amended
s. 20
1 public service officer of the Department, as defined in
2 the Land Administration Act 1997 section 3(1), who is
3 authorised in writing by the LAA Minister to do so.
4 (2) Nothing in this section limits the ability of the
5 LAA Minister to otherwise perform a function through
6 an officer or agent.
7 Table
s. 24(3)(b), (5)(b), as the s. 25(2)(b), (3)(b)
responsible Minister
under s. 24(8)
s. 26(2)(a) s. 55(1), (3), (4)
s. 69C(1), (3), (4) s. 94J
8
9 20. Section 160A amended
10 In section 160A delete "Mines" and insert:
11
12 Mines, or the LAA Minister
13
page 12
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Petroleum Pipelines Act 1969 amended Part 7
s. 21
1 Part 7 -- Petroleum Pipelines Act 1969 amended
2 21. Act amended
3 This Part amends the Petroleum Pipelines Act 1969.
4 22. Section 4 amended
5 In section 4(1) in the definition of the Minister for Lands delete
6 "of the Crown to whom the Governor has for the time being
7 committed the administration of the Land Administration
8 Act 1997;" and insert:
9
10 as defined in the Land Administration Act 1997
11 section 3(1);
12
13 23. Section 16 amended
14 In section 16:
15 (a) delete "unalienated Crown land, the Governor, on the
16 recommendation of the Minister for Lands," and insert:
17
18 Crown land, the Minister for Lands, or a public service
19 officer of the Department, as defined in the Land
20 Administration Act 1997 section 3(1), who is
21 authorised in writing by the Minister for Lands to do so
22 in that Minister's name,
23
24 (b) delete "Governor thinks" and insert:
25
26 grantor thinks
27
page 13
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 8 Planning and Development Act 2005 amended
s. 24
1 Part 8 -- Planning and Development Act 2005 amended
2 24. Act amended
3 This Part amends the Planning and Development Act 2005.
4 25. Section 267A inserted
5 After section 266 insert:
6
7 267A. Authority to perform certain functions in relation to
8 Crown land for purposes of this Act
9 (1) If the approval or signature of the owner of Crown land
10 or freehold land in the name of the State is required for
11 the purposes of this Act, the approval or signature may
12 be given by --
13 (a) the Minister as defined in the Land
14 Administration Act 1997 section 3(1) (the
15 Minister for Lands); or
16 (b) a person who is authorised in writing by the
17 Minister for Lands to do so.
18 (2) Nothing in this section limits the ability of the Minister
19 for Lands to otherwise perform a function through an
20 officer or agent.
21 (3) Nothing in this section affects --
22 (a) a right or obligation that any other person, as an
23 owner of land mentioned in subsection (1), has
24 under this Act in relation to that land; or
25 (b) how that right may be exercised or that
26 obligation may be satisfied.
27
page 14
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Planning and Development Act 2005 amended Part 8
s. 26
1 26. Section 267 amended
2 (1) Delete section 267(1) and (2) and insert:
3
4 (1) An action in tort does not lie against --
5 (a) a person for anything that the person has done,
6 in good faith, in the performance or purported
7 performance of a function under this Act; or
8 (b) a person acting under an authority mentioned in
9 section 152(5)(c) or 267A(1) for anything that
10 the person has done, in good faith, in the
11 performance or purported performance of a
12 function to which the authority applies.
13
14 (2) In section 267(3) delete "subsection (2)" and insert:
15
16 subsection (1)
17
18 (3) In section 267(4):
19 (a) delete "subsection (2)" and insert:
20
21 subsection (1)
22
23 (b) delete "Commission nor the State" and insert:
24
25 Commission, the State nor a local government
26
page 15
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 9 Transfer of Land Act 1893 amended
s. 27
1 Part 9 -- Transfer of Land Act 1893 amended
2 27. Act amended
3 This Part amends the Transfer of Land Act 1893.
4 28. Section 4 amended
5 In section 4(1) in the definition of Minister for Lands delete "to
6 whom the administration of the Land Administration Act 1997 is
7 committed;" and insert:
8
9 as defined in the Land Administration Act 1997 section 3(1);
10
11 29. Section 17 inserted
12 At the end of Part 1 insert:
13
14 17. Authority to perform certain functions of Minister
15 for Lands under this Act
16 (1) A function that the Minister for Lands has under a
17 provision listed in the Table may be performed by a
18 public service officer of the Department, as defined in
19 the Land Administration Act 1997 section 3(1), who is
20 authorised in writing by the Minister for Lands to do
21 so.
22 (2) Nothing in this section limits the ability of the Minister
23 for Lands to otherwise perform a function through an
24 officer or agent.
25 Table
s. 70A(1), (2)(b), (3) s. 81D(1)(a)
s. 81E s. 81F(1), (2), (3), (4)
page 16
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Transfer of Land Act 1893 amended Part 9
s. 30
s. 81L s. 81V(1)
s. 81ZA(3) s. 104(2)
s. 129BA(2) s. 129BB(1), (2), (3)
s. 136J(1), (2), (3) s. 145(2)
s. 153A s. 166A(1), (3)
s. 166B(1), (3)
1
2 30. Section 81D amended
3 In section 81D(1)(a) delete "Lands, or an officer authorised by
4 that Minister to do so," and insert:
5
6 Lands
7
8 31. Section 153A amended
9 In section 153A after "Minister" insert:
10
11 for Lands
12
13 32. Section 198 amended
14 In section 198 after "them" insert:
15
16 or of the Minister for Lands
17
page 17
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
Part 10 War Service Land Settlement Scheme Act 1954 amended
s. 33
1 Part 10 -- War Service Land Settlement Scheme
2 Act 1954 amended
3 33. Act amended
4 This Part amends the War Service Land Settlement Scheme
5 Act 1954.
6 34. Section 6 amended
7 Delete section 6(4a).
8 35. Sections 11 and 12 inserted
9 After section 10 insert:
10
11 11. Delegation
12 (1) The Minister may delegate to a public service officer of
13 the Department, as defined in the Land Administration
14 Act 1997 section 3(1), any power or duty of the
15 Minister under another provision of this Act.
16 (2) The delegation must be in writing signed by the
17 Minister.
18 (3) A person to whom a power or duty is delegated under
19 this section cannot delegate that power or duty.
20 (4) A person exercising or performing a power or duty that
21 has been delegated to the person under this section is to
22 be taken to do so in accordance with the terms of the
23 delegation unless the contrary is shown.
24 (5) Nothing in this section limits the ability of the Minister
25 to perform a function through an officer or agent.
page 18
Approvals and Related Reforms (No. 3) (Crown Land) Bill 2009
War Service Land Settlement Scheme Act 1954 amended Part 10
s. 35
1 12. Protection from liability for wrongdoing
2 (1) An action in tort does not lie against a person for
3 anything that the person has done, in good faith, in the
4 performance or purported performance of a function
5 under this Act.
6 (2) The protection given by this section applies even
7 though the thing done as described in subsection (1)
8 may have been capable of being done whether or not
9 this Act had been enacted.
10 (3) Despite subsection (1), neither the Minister nor the
11 State is relieved of any liability that it might have for
12 another person having done anything as described in
13 that subsection.
14 (4) In this section, a reference to the doing of anything
15 includes a reference to an omission to do anything.
16
17
page 19
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