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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Armadale Redevelopment Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Redevelopment area defined 4
5. Transitional provisions where area amended 5
Part 2 -- Armadale Redevelopment
Authority
Division 1 -- Establishment of Authority
6. Authority established 6
7. Board of management 6
8. Chairperson and deputy chairperson 7
9. Constitution and proceedings 7
10 . Remuneration and expenses of members 7
Division 2 -- Staff and facilities
11 . Use of government staff and facilities 7
12 . Consultants 8
Part 3 -- Functions and powers
13 . Compliance with written laws 9
14 . Authority exempt from rates, taxes, etc. 9
15 . Planning and development control 9
16 . Economic and social development 9
17 . Powers 10
18 . Further restrictions on exercise of power 12
19 . Conditional disposal of land 13
20 . Compulsory taking of land 14
page i
59--1
Armadale Redevelopment Bill 2001
Contents
21 . Power of Governor to direct transfer to Authority 14
22 . Temporary closure of streets 15
23 . Permanent closure of streets 15
24 . Delegation 16
25 . Minister may give directions 16
26 . When directions take effect 17
27 . Minister to have access to information 18
Part 4 -- Redevelopment scheme
Division 1 -- General
28 . Authority to comply with redevelopment scheme 19
29 . Contents of redevelopment scheme 19
Division 2 -- Preparation and approval of
redevelopment scheme
30 . Proposed redevelopment scheme 19
31 . Proposed scheme to be publicly notified 21
32 . Public submissions 22
33 . Approval by Minister 22
34 . Notice of approval 23
Division 3 -- Amendment of redevelopment
scheme
35 . Amendment of redevelopment scheme 23
36 . Saving 24
Division 4 -- Role of EPA in respect of
development schemes, etc.
37 . Reference of proposed redevelopment schemes, and
proposed amendments to redevelopment schemes, to
EPA 25
38 . Prerequisite to submission of proposed redevelopment
schemes, and proposed amendments to redevelopment
schemes, to Minister for approval before public
notification 25
39 . Role of Authority in relation to environmental
submissions 26
40 . Prerequisite to final approval by Minister of proposed
redevelopment schemes and proposed amendments to
redevelopment schemes 27
page ii
Armadale Redevelopment Bill 2001
Contents
Part 5 -- Development control
41 . Definition 28
42 . Crown bound 28
43 . Certain planning schemes cease to apply 28
44 . Saving 28
45 . Development to be approved 29
46 . Applications for approval 29
47 . Consultation with other authorities 30
48 . Authority's decision 30
49 . Referral of certain applications to Minister 31
50 . Appeal 31
51 . Liability of officers for offence committed by body
corporate 32
52 . Power to direct cessation or removal of unlawful
development 33
53 . Powers of Minister to ensure that environmental
conditions are met 34
54 . Compensation 35
Part 6 -- Financial provisions
55 . Funds of Authority 37
56 . Investment 37
57 . Borrowing by Authority from Treasurer 38
58 . Borrowing by Authority generally 38
59 . Guarantee by Treasurer 39
60 . Charges for guarantees 40
61 . Application of Financial Administration and Audit
Act 1985 40
62 . Surplus 40
Part 7 -- General
63 . Community reference groups 41
64 . Modification of other laws 41
65 . Protection from liability 42
66 . Confidentiality 42
67 . Execution of documents by the Authority 43
68 . Regulations 44
69 . Consequential amendments 44
70 . Review of Act 44
page iii
Armadale Redevelopment Bill 2001
Contents
71 . Expiry of Act and related provisions 45
Schedule 1 -- Redevelopment area
Schedule 2 -- Constitution and
proceedings of the board
Division 1 -- General provisions
1. Term of office 50
2. Resignation, removal, etc. 50
3. Chairperson and deputy chairperson 51
4. Alternate members 51
5. Meetings 52
6. Resolution without meeting 52
7. Holding meetings remotely 52
8. Leave of absence 52
9. Committees 53
10 . Board to determine own procedures 53
Division 2 -- Disclosure of interests, etc.
11 . Disclosure of interests 53
12 . Voting by interested members 53
13 . Clause 12 may be declared inapplicable 54
14 . Quorum where clause 12 applies 54
15 . Minister may declare clauses 12 and 14 inapplicable 54
Schedule 3 -- Consequential
amendments to various Acts
1. Constitution Acts Amendment Act 1899 55
2. Environmental Protection Act 1986 55
3. Financial Administration and Audit Act 1985 56
4. Metropolitan Region Town Planning Scheme Act 1959 57
5. Statutory Corporations (Liability of Directors)
Act 1996 57
6. Town Planning and Development Act 1928 57
Defined Terms
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Armadale Redevelopment Bill 2001
A Bill for
An Act to provide for the development and redevelopment of certain
land in Armadale, to establish the Armadale Redevelopment
Authority with planning, development control, economic and social
development and other functions, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Armadale Redevelopment Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Armadale Redevelopment
Act 2001.
5 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.
3. Interpretation
10 In this Act, unless the contrary intention appears --
"Account" means the Armadale Redevelopment Authority
Account referred to in section 55;
"acquire" includes take on lease;
"alternate member" means a person appointed under
15 clause 4(1) of Schedule 2;
"Armadale" means the local government district of Armadale;
"Authority" means the Armadale Redevelopment Authority;
"board" means the board of management provided for in
section 7;
20 "chairperson" means the chairperson of the board;
"committee" means a committee established under clause 9 of
Schedule 2;
"deputy chairperson" means the deputy chairperson of the
board;
25 "development" has the same meaning as it has in the Town
Planning Act, but does not include any work, act or activity
declared by regulations made under section 68 not to
constitute development;
page 2
Armadale Redevelopment Bill 2001
Preliminary Part 1
s. 3
"dispose of " includes sell, lease, let, grant a licence and grant
any easement or right of way;
"EPA" means the Environmental Protection Authority
continued in existence under the EP Act;
5 "EP Act" means the Environmental Protection Act 1986;
"interest in land" includes an easement, right or power
affecting land;
"land" includes a legal or equitable estate or interest in land;
"member" means a member of the board and except in
10 clauses 1, 2 and 4 of Schedule 2, includes an alternate
member and a member of a committee;
"Metropolitan Region Scheme" has the same meaning as it
has in the Metropolitan Scheme Act;
"Metropolitan Scheme Act" means the Metropolitan Region
15 Town Planning Scheme Act 1959;
"Minister for the Environment" means the Minister to whom
the Governor has for the time being committed the
administration of the EP Act;
"Planning Commission" means the Western Australian
20 Planning Commission established by section 4 of the
Western Australian Planning Commission Act 1985;
"PSM Act" means the Public Sector Management Act 1994;
"public authority" means a Minister of the Crown in right of
the State, Government department, State trading concern,
25 State instrumentality, State public utility and any other
person or body, whether corporate or not, who or which,
under the authority of any written law, administers or
carries on for the benefit of the State a social service or
public utility;
30 "redevelopment area" has the meaning given in section 4(1);
"redevelopment scheme" means a redevelopment scheme in
force under Part 4;
page 3
Armadale Redevelopment Bill 2001
Part 1 Preliminary
s. 4
"staff member" means an officer or employee referred to in
section 11(1) or a person engaged under section 12;
"Town Planning Act" means the Town Planning and
Development Act 1928.
5 4. Redevelopment area defined
(1) For the purposes of this Act the redevelopment area is the land
described in Schedule 1.
(2) Regulations may be made under section 68 amending
Schedule 1 --
10 (a) by adding to the redevelopment area any land that is in
Armadale or by subtracting any land from the
redevelopment area; or
(b) by deleting the redevelopment area and substituting
another area for it,
15 but before any such regulations are made the Minister must
consult with the council of the City of Armadale.
(3) When regulations referred to in subsection (2) that add land to
the redevelopment area are laid before each House of
Parliament under section 42 of the Interpretation Act 1984, they
20 must be accompanied by an explanatory memorandum showing
how and why it is intended to amend the redevelopment area in
respect of the land that is added.
(4) Regulations referred to in subsection (2) may provide for the
substitution of a plan for a plan referred to in Schedule 1, or for
25 the amendment of the redevelopment area by reference to any
supplementary plan.
(5) In any proceedings, a plan purporting to be a copy of a plan
referred to in Schedule 1 or subsection (4) showing the
boundaries or any boundary of the redevelopment area is
30 evidence of those boundaries or that boundary.
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Armadale Redevelopment Bill 2001
Preliminary Part 1
s. 5
5. Transitional provisions where area amended
(1) A redevelopment scheme does not extend to any area that
becomes part of the redevelopment area under section 4(2)
except by virtue of an amendment to the scheme under
5 section 35.
(2) On and after the day on which an area that is added to the
redevelopment area under section 4(2) becomes subject to the
redevelopment scheme, the planning schemes (as defined in
section 43(1)) are repealed in relation to that area.
10 (3) If land is subtracted from the redevelopment area under
section 4(2)(a), the redevelopment scheme ceases to apply to
that land.
(4) Regulations referred to in section 4(2) may make further
provisions of a transitional nature that are expedient to be made
15 in respect of an amendment to Schedule 1 under that subsection
including provision --
(a) empowering the Minister, if land is subtracted from the
redevelopment area, to amend the Metropolitan Region
Scheme or a relevant town planning scheme to provide
20 for --
(i) the subtracted land to be included in the area to
which any such scheme applies; and
(ii) the land to have a reservation or zoning under
those schemes the same as, or similar to, that
25 which applied to it under the redevelopment
scheme in force immediately before it was
subtracted;
and
(b) for the saving of rights existing at the time of the
30 amendment, but subject to any provision of the
redevelopment scheme relating to non-conforming uses.
page 5
Armadale Redevelopment Bill 2001
Part 2 Armadale Redevelopment Authority
Division 1 Establishment of Authority
s. 6
Part 2 -- Armadale Redevelopment Authority
Division 1 -- Establishment of Authority
6. Authority established
(1) A body called the Armadale Redevelopment Authority is
5 established.
(2) The Authority is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Authority in its
corporate name.
(4) The Authority may use, and operate under, one or more trading
10 names approved by the Minister.
(5) A trading name can be --
(a) an abbreviation or adaptation of the Authority's
corporate name; or
(b) a name other than the Authority's corporate name.
15 (6) The Authority is an agent of the Crown in right of the State and,
except as provided in section 13, enjoys the status, immunities
and privileges of the Crown.
7. Board of management
(1) In this section --
20 "relevant qualification" means knowledge of, and experience
in, one or more of the fields of urban planning, heritage,
business management, property development, financial
management, engineering, transport, housing and
community affairs.
25 (2) The Authority is to have a board of management comprising
6 persons appointed in writing by the Minister of whom --
(a) 4 are to be persons who, in the opinion of the Minister,
have a relevant qualification; and
page 6
Armadale Redevelopment Bill 2001
Armadale Redevelopment Authority Part 2
Staff and facilities Division 2
s. 8
(b) 2 are to be members of the council of the City of
Armadale nominated by that council.
(3) As far as is practicable, the membership of the board is to
comprise persons who between them have knowledge or
5 experience covering all the fields mentioned in subsection (1).
(4) The board is the governing body of the Authority and, in the
name of the Authority, is to perform the functions of the
Authority under this Act.
8. Chairperson and deputy chairperson
10 (1) The Minister is to appoint a member of the board appointed
under section 7(2)(a) to be the chairperson of the Authority.
(2) The Minister is to appoint another member of the board to be
the deputy chairperson of the Authority.
9. Constitution and proceedings
15 Schedule 2 has effect with respect to the board and its members.
10. Remuneration and expenses of members
A member is to be paid the remuneration and travelling and
other allowances that are determined in his or her case by the
Minister on the recommendation of the Minister for Public
20 Sector Management.
Division 2 -- Staff and facilities
11. Use of government staff and facilities
(1) The Authority may by arrangement with the relevant employer
make use, either full-time or part-time, of the services of any
25 officer or employee --
(a) in the department of the Public Service principally
assisting the Minister in the administration of this Act;
or
page 7
Armadale Redevelopment Bill 2001
Part 2 Armadale Redevelopment Authority
Division 2 Staff and facilities
s. 12
(b) in an agency or instrumentality established or
constituted by or under any other Act administered by
the Minister.
(2) The Authority may by arrangement with --
5 (a) the department referred to in subsection (1); or
(b) an agency or instrumentality referred to in that
subsection,
make use of any facilities of the department, agency or
instrumentality.
10 (3) The Authority must not enter into an arrangement under
subsection (1) or (2) without the prior approval of the Minister.
(4) An arrangement under subsection (1) or (2) is to be made on
such terms as are agreed to by the parties.
12. Consultants
15 The Authority may engage persons under contracts for services
to provide such professional, technical or other assistance as it
considers necessary for the performance of its functions under
this Act.
page 8
Armadale Redevelopment Bill 2001
Functions and powers Part 3
s. 13
Part 3 -- Functions and powers
13. Compliance with written laws
Subject to sections 14 and 17(8), nothing in this Act is to be
read as conferring on the Authority in the performance of its
5 functions any immunity from the operation of any written law.
14. Authority exempt from rates, taxes, etc.
(1) Subject to subsection (2), the Authority is not liable to pay any
local government rate or charge, land tax, metropolitan region
improvement tax, water rate, pay-roll tax, stamp duty or other
10 rate, tax, duty, fee or charge imposed by or under a written law.
(2) Subsection (1) does not apply to the liability to pay any rate,
charge, tax, duty or fee in respect of land held under a lease or
tenancy agreement from the Authority.
15. Planning and development control
15 It is a function of the Authority --
(a) to plan, undertake, promote and coordinate the
development and redevelopment of land in the
redevelopment area; and
(b) for that purpose --
20 (i) under Part 4, to prepare and keep under review a
redevelopment scheme for that area; and
(ii) under Part 5, to control developments in that
area.
16. Economic and social development
25 It is a function of the Authority --
(a) to identify opportunities for investment in Armadale and
to encourage that investment;
page 9
Armadale Redevelopment Bill 2001
Part 3 Functions and powers
s. 17
(b) to identify opportunities for the provision of facilities
and programmes to support and enhance community life
in Armadale, and to encourage the provision of those
facilities and programmes;
5 (c) to facilitate and encourage the provision of diversified
employment opportunities in Armadale;
(d) to identify infrastructure services necessary to promote
economic and social development in Armadale, and to
encourage the provision of those services;
10 (e) to facilitate coordination between relevant statutory
bodies and State government agencies for the purpose of
promoting economic and social development in
Armadale;
(f) to provide information and advice for the purpose of
15 promoting economic and social development in
Armadale; and
(g) generally to take steps to encourage, promote, facilitate
and monitor economic and social development in
Armadale.
20 17. Powers
(1) The Authority has all the powers it needs to perform its
functions.
(2) Without limiting subsection (1), the Authority may --
(a) subject to subsection (3), for the purposes of its
25 functions under section 15, acquire, hold, manage and
dispose of land;
(b) for the purposes of its functions under section 15,
subdivide, amalgamate, improve, develop and alter land;
(c) subject to section 18(1) --
30 (i) participate in any business arrangement; or
(ii) acquire, hold and dispose of shares, units or other
interests in any business arrangement;
page 10
Armadale Redevelopment Bill 2001
Functions and powers Part 3
s. 17
and
(d) subject to subsection (4), enter into any contract or
arrangement with a person, including a public authority
or a local government, for the performance by that
5 person or body of any work or the supply of equipment
or services.
(3) If the value of land to be acquired or disposed of by the
Authority under subsection (2)(a), in the opinion of the
Authority, exceeds $1 000 000, the Authority may acquire or
10 dispose of the land only with the approval of the Minister and
subject to any conditions attached to the approval.
(4) If the amount to be paid or received by the Authority under a
contract or arrangement under subsection (2)(d) exceeds
$1 000 000, the Authority may enter into the contract or
15 arrangement only with the approval of the Minister and subject
to any conditions attached to the approval.
(5) In performing its functions the Authority may act alone or in
conjunction with any person or any department of the Public
Service, or other agency or instrumentality, of the State or the
20 Commonwealth.
(6) In performing its functions the Authority must have regard to,
and must seek to enhance and preserve, the cultural heritage
significance of the redevelopment area.
(7) Despite anything in this section or in section 20, the Authority
25 may pay for the carrying out of any work on land in Armadale
that is outside the redevelopment area if the work is, in its
opinion, directly related to the improvement of the
redevelopment area or to the functions of the Authority.
(8) In exercising any power under this section the Authority is not
30 required to comply with section 20 of the Town Planning Act
but --
(a) anything that would otherwise require the approval of
the Planning Commission under that section may be
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Armadale Redevelopment Bill 2001
Part 3 Functions and powers
s. 18
done with the approval of the Minister and subject to
any conditions attached to the approval;
(b) before the Minister makes any decision required by
paragraph (a) he or she must seek the advice of the
5 Planning Commission and consider any advice offered;
and
(c) if this section applies, section 21 of the Town Planning
Act is to be read as if references to the Commission
were references to the Minister.
10 (9) In subsection (2)(c) --
"business arrangement" means a proprietary limited company,
partnership, trust, joint venture or arrangement for sharing
profits;
"participate" includes form, promote, establish, enter into,
15 manage, dissolve, wind up and do anything incidental to
the doing of any of those things.
18. Further restrictions on exercise of power
(1) Any power conferred by section 17(2)(c) is only exercisable
with the approval of the Governor and subject to any conditions
20 attached to the approval.
(2) When the Minister gives any approval under section 17, other
than under section 17(8)(a), or the Governor gives any approval
under subsection (1), the text of that approval must be laid
before each House of Parliament within 28 sitting days of that
25 House after the day on which the approval is given.
(3) The annual report submitted by the accountable authority of the
Authority under section 66 of the Financial Administration and
Audit Act 1985 must include a summary of any approval
referred to in subsection (2).
page 12
Armadale Redevelopment Bill 2001
Functions and powers Part 3
s. 19
19. Conditional disposal of land
(1) In this section --
"Registrar" means the Registrar of Titles.
(2) The Authority may attach any condition or restriction to a
5 disposal of land under section 17(2)(a).
(3) Without limiting subsection (2), the Authority and a transferee
may agree that the transferee --
(a) is required to make specified improvements to land; or
(b) is subject to restrictions on the disposal of or dealing
10 with the land,
and the agreement may confer on the Authority rights and
remedies against, and the power to impose sanctions on, the
transferee in relation to the enforcement of any such condition
or restriction.
15 (4) The Authority may deliver a memorial relating to a condition or
restriction under this section to the Registrar who, on payment
of the appropriate fee, must register the memorial against the
relevant land.
(5) A memorial under subsection (4) must be in a form approved by
20 the Registrar.
(6) While a memorial is registered under subsection (4), the
Registrar must not register under the Transfer of Land Act 1893,
without the consent in writing of the Authority, any instrument
affecting the land to which the memorial relates.
25 (7) As soon as is practicable after the relevant land ceases to be
subject to the condition or restriction to which a memorial
relates, the Authority must withdraw the memorial by notice in
a form approved by the Registrar, and the Registrar must cancel
the memorial accordingly.
page 13
Armadale Redevelopment Bill 2001
Part 3 Functions and powers
s. 20
20. Compulsory taking of land
(1) Development or redevelopment of land under, and the carrying
out of, this Act and any incidental work is a public work for the
purposes of Parts 9 and 10 of the Land Administration Act 1997
5 and the Public Works Act 1902, and, if necessary for any of
those purposes, the Authority is to be taken to be a local
authority within the meaning of the Public Works Act 1902.
(2) In applying Parts 9 and 10 of the Land Administration Act 1997
and the Public Works Act 1902 for the purposes of this
10 section --
(a) "land" in those Acts has the same meaning as it has in
section 3 of this Act;
(b) sections 170, 171, 172, 173, 174, 175 and 184 of the
Land Administration Act 1997 do not apply; and
15 (c) sections 187, 188, 189, 190 and 191 of the Land
Administration Act 1997 do not apply to land in the
redevelopment area taken or acquired under the Public
Works Act 1902 before the commencement of this Act.
(3) If land referred to in subsection (2)(c) is not required for the
20 public work for which it was taken or acquired, the land may be
held or used for some other purpose authorised by this Act.
21. Power of Governor to direct transfer to Authority
(1) The Governor may by order direct a public authority to transfer
to the Authority all of the estate and interest over which the
25 public authority has power of disposal in a piece of land
specified in the order.
(2) The power in subsection (1) is only to be exercised in respect of
land in the redevelopment area and if the Governor is satisfied
that the land is required by the Authority for development or
30 redevelopment under, or otherwise for the purposes of, this Act.
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Armadale Redevelopment Bill 2001
Functions and powers Part 3
s. 22
(3) An order under subsection (1) is to specify the terms and
conditions subject to which the transfer must be made.
(4) A public authority must comply with a direction given to it
under subsection (1), despite any other written law.
5 22. Temporary closure of streets
(1) In this section and section 23 --
"street" means a thoroughfare as defined in the Local
Government Act 1995.
(2) Despite any provision of the Local Government Act 1995, the
10 Authority may close, or restrict the thoroughfare in, a street in
the redevelopment area --
(a) by causing fences and barriers to be placed on or across
the street; or
(b) in any other manner,
15 if, and for the period that, the Authority considers that the
closure or restriction is necessary for the performance of its
functions.
(3) A street may be closed for more than 3 days under
subsection (1) only if the Authority has given at least 14 days'
20 notice of the closure to the chief executive officer of the City of
Armadale.
23. Permanent closure of streets
A street in the redevelopment area may be closed under
section 58 of the Land Administration Act 1997 and regulations
25 made under that Act, and for that purpose "local government" in
that section and in those regulations --
(a) includes the Authority; and
(b) does not include the City of Armadale,
in relation to any such street.
page 15
Armadale Redevelopment Bill 2001
Part 3 Functions and powers
s. 24
24. Delegation
(1) The Authority may delegate any power or duty of the Authority
under another provision of this Act to --
(a) a member;
5 (b) the chief executive officer, or a nominee of the chief
executive officer, of the department of the Public
Service principally assisting the Minister in the
administration of this Act;
(c) the Western Australian Government Railways
10 Commission constituted under the Government
Railways Act 1904;
(d) the Western Australian Land Authority established by
the Western Australian Land Authority Act 1992;
(e) the Planning Commission; or
15 (f) a local government or a committee or employee of a
local government.
(2) The delegation must be in writing executed by the Authority.
(3) A person exercising a power or performing a duty that has been
delegated to the person under this section is to be taken to do so
20 in accordance with the terms of the delegation unless the
contrary is shown.
(4) In addition to functions conferred by any other written law, it is
a function of a body mentioned in subsection (1)(c), (d) or (e) to
exercise a power or perform a duty that has been delegated to
25 the body under this section.
(5) Nothing in this section limits the ability of the Authority to
perform a function through a staff member or agent.
25. Minister may give directions
(1) The Minister may give written directions to the Authority with
30 respect to the performance of its functions, either generally or in
page 16
Armadale Redevelopment Bill 2001
Functions and powers Part 3
s. 26
relation to a particular matter, and the Authority must give
effect to any such direction when it becomes effective under
section 26.
(2) The Authority must not, in the period before a direction under
5 subsection (1) becomes effective under section 26, do or omit to
do anything that would prevent the Authority complying with
the direction when it becomes effective under that section.
(3) The Minister must cause the text of any direction under
subsection (1) to be laid before each House of Parliament --
10 (a) within 10 sitting days after the direction is given; or
(b) if the direction is the subject of a notice under section 17
of the Statutory Corporations (Liability of Directors)
Act 1996, within 10 sitting days after it is confirmed
under that section.
15 (4) The text of a direction under subsection (1) must be included in
the annual report submitted by the accountable authority of the
Authority under section 66 of the Financial Administration and
Audit Act 1985.
26. When directions take effect
20 (1) Subject to this section, a direction under section 25(1) becomes
effective on the expiry of 7 days after the board receives it or of
such longer period as the Minister may, at the request of the
board, determine.
(2) If the board asks the Minister to extend the 7 day period under
25 subsection (1), the Minister must decide whether or not to agree
to the request and notify the Authority of that decision before
the 7 day period has expired.
(3) If a direction is the subject of a notice under section 17 of the
Statutory Corporations (Liability of Directors) Act 1996, it does
30 not become effective before it is confirmed under that section or
the expiry of any extension of time notified under
subsection (4).
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Armadale Redevelopment Bill 2001
Part 3 Functions and powers
s. 27
(4) Despite subsection (4) of section 17 of the Statutory
Corporations (Liability of Directors) Act 1996, the Minister
may, when confirming a direction under that section, extend the
time for the direction to become effective and notify the board
5 of the extension.
27. Minister to have access to information
(1) In this section --
"document" includes any tape, disc or other device or medium
on which information is recorded or stored;
10 "information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Authority.
(2) The Minister is entitled to have information in the possession of
the Authority and, if the information is in or on a document, to
15 have, and make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may --
(a) request the Authority to provide information to the
Minister;
(b) request the Authority to give the Minister access to
20 information; and
(c) for the purposes of paragraph (b) make use of its staff to
obtain the information and provide it to the Minister.
(4) The Authority must comply with a request under subsection (3)
and make its staff and facilities available to the Minister for the
25 purposes of paragraph (c) of that subsection.
page 18
Armadale Redevelopment Bill 2001
Redevelopment scheme Part 4
General Division 1
s. 28
Part 4 -- Redevelopment scheme
Division 1 -- General
28. Authority to comply with redevelopment scheme
(1) The Authority must perform its functions in accordance with the
5 redevelopment scheme for the time being in force under this
Part.
(2) Subsection (1) does not affect the discretion conferred on the
Authority by section 48(1).
(3) A copy of the redevelopment scheme for the time being in force
10 must be kept in the offices of the Authority and must be
available for inspection by the public during office hours free of
charge.
29. Contents of redevelopment scheme
A redevelopment scheme may make any provision that the
15 Authority considers will promote the orderly and proper
planning, development and management of the redevelopment
area, including any provision that may be made by a town
planning scheme under the Town Planning Act.
Division 2 -- Preparation and approval of
20 redevelopment scheme
30. Proposed redevelopment scheme
(1) The Authority must submit a proposed redevelopment scheme
to the Minister as soon as is practicable after the
commencement of this Act.
page 19
Armadale Redevelopment Bill 2001
Part 4 Redevelopment scheme
Division 2 Preparation and approval of redevelopment scheme
s. 30
(2) The Authority may, under subsection (1), submit a proposed
redevelopment scheme in 2 or more stages, each one being
applicable to a part of the redevelopment area, and if it does
so --
5 (a) this Part applies to each stage separately; and
(b) a reference in this Act or another written law to a, or the,
redevelopment scheme may be read as a reference to a
redevelopment scheme for part of the redevelopment
area as provided for by this subsection.
10 (3) A proposed redevelopment scheme must not be submitted to the
Minister unless sections 37 and 38 have been complied with in
respect of that redevelopment scheme and it was prepared --
(a) after consultation with the City of Armadale and the
Planning Commission (whether that consultation
15 occurred before or after the commencement of this Act);
and
(b) having regard to the views of the City of Armadale and
the Planning Commission.
(4) The Minister may --
20 (a) consent or refuse to consent to the public notification of
a proposed redevelopment scheme submitted under this
section; or
(b) consent to such public notification subject to
modifications being made to the scheme, as directed by
25 the Minister.
(5) If the Minister refuses to consent to the public notification of a
proposed redevelopment scheme submitted under this section,
the Minister must give directions to the Authority as to the
preparation of a further scheme to be submitted under this
30 section.
(6) The Authority must comply with any direction of the Minister
under subsection (4) or (5).
page 20
Armadale Redevelopment Bill 2001
Redevelopment scheme Part 4
Preparation and approval of redevelopment scheme Division 2
s. 31
(7) The Minister must cause the text of any direction given under
subsection (4) or (5) to be --
(a) laid before each House of Parliament within 10 sitting
days of that House after the day on which the direction
5 is given; and
(b) included in the annual report submitted by the
accountable authority of the Authority under section 66
of the Financial Administration and Audit Act 1985.
31. Proposed scheme to be publicly notified
10 (1) Public notification of a proposed redevelopment scheme in
respect of which the Minister has given consent under
section 30(4) must be given in accordance with subsection (2).
(2) The proposed redevelopment scheme must be publicly notified
by the Authority by the publication --
15 (a) in the Gazette; and
(b) in 2 issues of a daily newspaper circulating in the City
of Armadale,
of a notice --
(c) specifying the places at which --
20 (i) a copy of the scheme may be inspected; and
(ii) copies of the scheme may be obtained;
and
(d) stating the effect of section 32 and specifying the period
referred to in that section.
25 (3) The Authority may fix and charge a fee for supplying copies of
a proposed redevelopment scheme.
(4) The Authority must, in addition to complying with
subsection (2), make reasonable endeavours to consult in
respect of the proposed redevelopment scheme such public
page 21
Armadale Redevelopment Bill 2001
Part 4 Redevelopment scheme
Division 2 Preparation and approval of redevelopment scheme
s. 32
authorities and persons as appear to the Authority to be likely to
be affected by that redevelopment scheme.
32. Public submissions
(1) Written submissions on the proposed redevelopment scheme
5 may be made by any person --
(a) within a period determined by the Authority that is not
less than 60 days after the day on which the notice is
published in the Gazette; and
(b) by delivering or posting them so that they are received
10 within that period at the offices of the Authority.
(2) The Authority may modify the proposed redevelopment scheme
as it thinks fit to give effect to any submission so received.
33. Approval by Minister
(1) After sections 39 and 40 have been complied with, the
15 Authority must submit the proposed redevelopment scheme,
with any modifications made under section 32(2), to the
Minister for approval.
(2) The scheme as so submitted must be accompanied by --
(a) a summary of all submissions made under section 32;
20 and
(b) a report by the Authority on the merits of those
submissions.
(3) The Minister may --
(a) approve or refuse to approve the proposed
25 redevelopment scheme; or
(b) approve the scheme subject to modifications being made
to the scheme, as directed by the Minister.
(4) If the Minister refuses to approve a proposed redevelopment
scheme submitted under this section, the Minister must give
30 directions to the Authority as to the preparation of a further
page 22
Armadale Redevelopment Bill 2001
Redevelopment scheme Part 4
Amendment of redevelopment scheme Division 3
s. 34
scheme to be submitted under section 30 or under
subsection (1), as the Minister may specify.
(5) The Authority must comply with any direction of the Minister
under subsection (3) or (4).
5 (6) The Minister must cause the text of any direction given under
subsection (3) or (4) to be --
(a) laid before each House of Parliament within 10 sitting
days of that House after the day on which the direction
is given; and
10 (b) included in the annual report submitted by the
accountable authority of the Authority under section 66
of the Financial Administration and Audit Act 1985.
34. Notice of approval
(1) Notice that a redevelopment scheme has been approved by the
15 Minister under section 33 must be published by the Authority in
the Gazette together with a note showing where a copy of the
redevelopment scheme may be inspected or obtained.
(2) A redevelopment scheme comes into operation on the day of
publication in the Gazette of a notice under subsection (1), or on
20 any later day that is specified in the scheme.
(3) The Authority may fix and charge a fee for supplying copies of
a redevelopment scheme.
Division 3 -- Amendment of redevelopment scheme
35. Amendment of redevelopment scheme
25 (1) A redevelopment scheme may be amended in accordance with
this section.
(2) The Authority must submit any proposed amendment to the
Minister.
page 23
Armadale Redevelopment Bill 2001
Part 4 Redevelopment scheme
Division 3 Amendment of redevelopment scheme
s. 36
(3) The following provisions apply for the purposes of this section,
with all necessary changes --
(a) sections 30(3), 30(4), 31 and 33, as if references in those
sections to a, or the, proposed redevelopment scheme
5 were references to the proposed amendment to the
redevelopment scheme;
(b) section 30(5) and 30(6), as if, in section 30(5) --
(i) the reference to a proposed redevelopment
scheme were a reference to the proposed
10 amendment to the redevelopment scheme;
(ii) the reference to a further scheme were a
reference to another amendment; and
(iii) the words "may give" were substituted for "must
give";
15 (c) section 32, as if the reference in that section --
(i) to the proposed redevelopment scheme were a
reference to the proposed amendment to the
redevelopment scheme;
(ii) in subsection (1)(a), to the Authority were a
20 reference to the Minister; and
(iii) to 60 days were a reference to 42 days;
and
(d) section 34, as if references in that section to a
redevelopment scheme were references to the
25 amendment to a redevelopment scheme.
36. Saving
A development in respect of which an approval under section 48
is in force immediately before an amendment to a
redevelopment scheme comes into force under section 35 may
30 be lawfully carried out as if the amendment had not been made.
page 24
Armadale Redevelopment Bill 2001
Redevelopment scheme Part 4
Role of EPA in respect of development schemes, etc. Division 4
s. 37
Division 4 -- Role of EPA in respect of development
schemes, etc.
37. Reference of proposed redevelopment schemes, and
proposed amendments to redevelopment schemes, to EPA
5 When the Authority resolves to prepare a redevelopment
scheme, or an amendment to a redevelopment scheme, the
Authority must forthwith refer the redevelopment scheme or
amendment to the EPA by giving to the EPA --
(a) written notice of that resolution; and
10 (b) such written information about the redevelopment
scheme or amendment as is sufficient to enable the EPA
to comply with section 48A of the EP Act in relation to
the redevelopment scheme or amendment.
38. Prerequisite to submission of proposed redevelopment
15 schemes, and proposed amendments to redevelopment
schemes, to Minister for approval before public notification
(1) If the EPA has acted under paragraph (a) of section 48C(1) of
the EP Act in relation to a proposed redevelopment scheme or a
proposed amendment to a redevelopment scheme, the Authority
20 must, if it wishes to proceed with that redevelopment scheme or
amendment, undertake an environmental review of that
redevelopment scheme or amendment in accordance with the
relevant instructions issued under that paragraph and must not
submit that redevelopment scheme or amendment to the
25 Minister for consent to public notification under section 30, or
under section 35 as read with section 30, as the case requires,
until --
(a) the Authority has forwarded that review to the EPA; and
(b) the EPA has advised that that review has been
30 undertaken in accordance with those instructions, or
30 days have elapsed since that forwarding without the
EPA having advised whether or not that review has been
page 25
Armadale Redevelopment Bill 2001
Part 4 Redevelopment scheme
Division 4 Role of EPA in respect of development schemes, etc.
s. 39
undertaken in accordance with those instructions,
whichever first occurs.
(2) If the EPA has advised that the review has not been undertaken
in accordance with the relevant instructions issued under
5 section 48C(1)(a) of the EP Act, the Authority may --
(a) comply with subsection (1) in respect of the
redevelopment scheme or amendment concerned; or
(b) request the Minister to consult the Minister for the
Environment and, if possible, agree with him or her on
10 whether or not that review has been undertaken in
accordance with those instructions.
(3) If the Minister, having complied with a request under
subsection (2), and the Minister for the Environment --
(a) agree on whether or not the review has been undertaken
15 in accordance with the relevant instructions, their
decision is final and without appeal; or
(b) cannot so agree, section 48J of the EP Act applies.
39. Role of Authority in relation to environmental submissions
If the Authority has been informed under section 48A(1)(b)(i) of
20 the EP Act that the proposed redevelopment scheme or
amendment should be assessed by the EPA under Part IV
Division 3 of the EP Act, the Authority must --
(a) as soon as practicable, but in any event within 7 days
after the expiry of the period referred to in
25 section 32(1)(a), or in section 35 as read with
section 32(1)(a), as the case requires, transmit to the
EPA a copy of each submission --
(i) made under section 32, or under section 35 as
read with section 32, as the case requires; and
30 (ii) relating wholly or in part to environmental issues
raised by that redevelopment scheme or
amendment;
and
page 26
Armadale Redevelopment Bill 2001
Redevelopment scheme Part 4
Role of EPA in respect of development schemes, etc. Division 4
s. 40
(b) within 42 days, or such longer period as the Minister
allows, after the expiry of the period referred to in
section 32(1)(a), or in section 35 as read with
section 32(1)(a), as the case requires, inform the EPA of
5 its views on and response to the environmental issues
raised by submissions referred to in paragraph (a) and
received within that period.
40. Prerequisite to final approval by Minister of proposed
redevelopment schemes and proposed amendments to
10 redevelopment schemes
The Minister must not approve under section 33, or under
section 35 as read with section 33, a proposed redevelopment
scheme or amendment referred to the EPA under section 37 if
he or she has reached agreement with the Minister for the
15 Environment under section 48A(2)(b) of the EP Act, or until --
(a) the Authority is informed under section 48A(1)(a) of the
EP Act that the EPA considers that that redevelopment
scheme or amendment should not be assessed by the
EPA under Part IV Division 3 of the EP Act;
20 (b) he or she has received a statement delivered under
section 48F(2), or a decision has been made under
section 48J, of the EP Act in respect of the conditions, if
any, to which that redevelopment scheme or amendment
is subject; or
25 (c) the period of 28 days referred to in section 48A(1)(b)(i)
of the EP Act has expired without the EPA having
informed the Authority under that section,
whichever first occurs, and he or she is satisfied that the
conditions, if any, to which that redevelopment scheme or
30 amendment is subject have been incorporated into that
redevelopment scheme or amendment.
page 27
Armadale Redevelopment Bill 2001
Part 5 Development control
s. 41
Part 5 -- Development control
41. Definition
In this Part --
"appointed day" means the day on which a redevelopment
5 scheme comes into operation under section 34(2).
42. Crown bound
This Part binds the Crown.
43. Certain planning schemes cease to apply
(1) In this section --
10 "planning scheme" means --
(a) any town planning scheme under the Town Planning
Act that is in operation in the redevelopment area
immediately before the appointed day; and
(b) the Metropolitan Region Scheme.
15 (2) On and after the appointed day, the planning schemes are
repealed in relation to the redevelopment area so that they do
not apply to a development that commences in that area on or
after that day.
(3) Section 37 of the Interpretation Act 1984 applies in respect of
20 the repeal effected by subsection (2) as if the planning schemes
were enactments within the meaning of that section.
(4) Subsection (3) has effect subject to any provision of the
redevelopment scheme relating to non-conforming uses.
44. Saving
25 (1) This Part does not apply to a development that was lawfully
being carried out in the redevelopment area immediately before
the appointed day.
page 28
Armadale Redevelopment Bill 2001
Development control Part 5
s. 45
(2) A development referred to in subsection (1), or in respect of
which all necessary approvals under the planning schemes
referred to in section 43(1) were in force immediately before the
appointed day --
5 (a) may be lawfully carried out as if this Part had not been
enacted; and
(b) is to be governed by those schemes despite
section 43(2).
45. Development to be approved
10 (1) A person must not undertake any development or cause any
development to be undertaken on land that is in, or partly in, the
redevelopment area without the approval of the Authority or in
contravention of a condition attached to an approval.
Penalty: $50 000, and a daily penalty of $5 000.
15 (2) The requirements of subsection (1) extend to the Authority.
(3) It is immaterial for the purposes of this Part that a development
is undertaken in the performance of a function vested in a
person by a written law.
46. Applications for approval
20 (1) An application for approval under section 45 must be made to
the Authority in the prescribed form with the prescribed fee.
(2) An application must be accompanied by plans and
specifications of the proposed development, and an applicant
must also provide any information or documents relating to the
25 proposed development that the Authority may reasonably
require.
page 29
Armadale Redevelopment Bill 2001
Part 5 Development control
s. 47
47. Consultation with other authorities
(1) The Authority must refer, by notice in writing, particulars of the
proposed development --
(a) to each public authority that appears to it to have
5 functions that are relevant to, or whose operations are
likely to be affected by, the proposed development; and
(b) to the City of Armadale.
(2) The City of Armadale and a public authority to which
particulars are referred under subsection (1) may make
10 submissions on the proposed development to the Authority.
(3) The Authority must not make a decision under section 48 on the
proposed development until --
(a) the expiration of 30 days after all notices have been
given as required by subsection (1); or
15 (b) final submissions have been made to it by all authorities
to which particulars were referred under that subsection,
whichever is the sooner.
48. Authority's decision
(1) The Authority may grant or refuse to grant approval of the
20 proposed development having regard to --
(a) the redevelopment scheme;
(b) consultations under section 47;
(c) the requirements of orderly and proper planning; and
(d) the preservation of the amenities of the area.
25 (2) The Authority may attach to an approval any condition that is
within the objects of this Act.
(3) The Authority may limit the time for which an approval remains
in force.
page 30
Armadale Redevelopment Bill 2001
Development control Part 5
s. 49
(4) An approval under this section is in addition to, and does not
derogate from, the requirements of any other written law.
(5) The Authority must cause notice in writing of its decision to be
given to the applicant, the City of Armadale and each public
5 authority to which notice was given under section 47(1)(a).
49. Referral of certain applications to Minister
(1) If the Authority is the applicant, or has a financial interest in the
subject matter of an application by reason of its participation in
a business arrangement, within the meaning in section 17(9), the
10 Authority must consider the application in accordance with
section 48(1) and refer the application and all relevant
information to the Minister with a recommendation as to the
decision to be made.
(2) If an application is referred to the Minister under
15 subsection (1) --
(a) the Minister must perform the functions of the Authority
under section 48; and
(b) for the purpose of that section and sections 45 and 50,
references to the Authority are to be read as references
20 to the Minister.
50. Appeal
(1) An applicant may appeal, under Part V of the Town Planning
Act, from a decision of the Authority under section 48 in respect
of the applicant's application.
25 (2) An appeal may be allowed with or without conditions, or further
conditions may be attached, or the appeal may be rejected in
whole or in part.
page 31
Armadale Redevelopment Bill 2001
Part 5 Development control
s. 51
51. Liability of officers for offence committed by body
corporate
(1) In this section --
"officer", in relation to a body corporate, means --
5 (a) a director, secretary or executive officer of the body
corporate;
(b) a receiver, or receiver and manager, of property of
the body corporate, or any other authorised person
who enters into possession or assumes control of
10 property of the body corporate for the purpose of
enforcing any charge;
(c) an official manager or a deputy official manager of
the body corporate;
(d) a liquidator of the body corporate; and
15 (e) a trustee or other person administering a compromise
or arrangement made between the body corporate and
another person or other persons,
and any other person, by whatever name called and
whether or not a director of the body corporate, who is
20 concerned, or takes part, in the management of the body
corporate.
(2) If a body corporate is guilty of an offence against section 45 and
it is proved that --
(a) the offence was committed with the consent or
25 connivance of an officer of the body corporate; or
(b) an officer of the body corporate failed to exercise all the
due diligence to prevent the commission of the offence
that ought to have been exercised having regard to the
nature of the officer's functions and to all the
30 circumstances,
the officer commits the offence.
page 32
Armadale Redevelopment Bill 2001
Development control Part 5
s. 52
52. Power to direct cessation or removal of unlawful
development
(1) The Authority may --
(a) by notice in writing served on a person who is
5 undertaking any development in contravention of
section 45, direct the person to stop doing so
immediately; or
(b) by notice in writing served on a person who has
undertaken any development in contravention of that
10 section, direct the person within a period not less than
21 days after the service of the notice, as is specified in
the notice, to remove, pull down, take up, or alter any
development undertaken in contravention of that
section,
15 or may by one notice give both directions to a person.
(2) A person on whom a notice is served containing a direction
under subsection (1)(b) may appeal under Part V of the Town
Planning Act against the direction.
(3) A notice containing a direction under subsection (1)(b) is
20 suspended as to that direction pending the determination of the
appeal.
(4) If the Town Planning Appeal Tribunal confirms or varies the
direction, the Town Planning Appeal Tribunal may, by notice in
writing served on the person, direct the person to comply with
25 the direction as so confirmed or varied, within a period not less
than 21 days after the service of the notice, as is specified in the
notice.
(5) A person must comply with a notice given to the person under
this section.
30 Penalty: $50 000, and a daily penalty of $5 000.
(6) If a person fails to comply with a notice given to the person
under subsection (1)(b), the Authority may itself remove, pull
page 33
Armadale Redevelopment Bill 2001
Part 5 Development control
s. 53
down, take up or alter the development and may recover from
the person the costs incurred by the Authority in so doing as a
debt in a court of competent jurisdiction.
53. Powers of Minister to ensure that environmental conditions
5 are met
(1) In this section --
"assessed scheme" means a redevelopment scheme, or an
amendment to a redevelopment scheme, that is an assessed
scheme within the meaning of the EP Act;
10 "environmental condition" means a condition agreed under
section 48F of the EP Act or decided under section 48J of
the EP Act.
(2) After receiving advice from the Minister for the Environment
under section 48H(4) of the EP Act the Minister may exercise
15 one or more of the powers set out in subsection (3) in relation to
a development implementing an assessed scheme.
(3) For the purposes of subsection (2) the Minister may --
(a) by order in writing served on the person who is
undertaking the development, direct the person to stop
20 doing so for such period, beginning immediately and
lasting not more than 24 hours, as is specified in the
order;
(b) cause the Authority to serve a notice on the person who
is undertaking the development directing the person to
25 take such steps as are specified in the notice, within such
period as is so specified, for the purpose of --
(i) complying with; or
(ii) preventing any non-compliance with,
the environmental condition to which the Minister for
30 the Environment's advice relates; or
page 34
Armadale Redevelopment Bill 2001
Development control Part 5
s. 54
(c) advise the Authority to cause such steps to be taken as
are necessary for the purpose of --
(i) complying with; or
(ii) preventing any non-compliance with,
5 the environmental condition to which the Minister for
the Environment's advice relates.
(4) A person must comply with an order or notice served on the
person under subsection (3)(a) or (b).
Penalty: $50 000, and a daily penalty of $5 000.
10 (5) Nothing in this section prevents or otherwise affects the
application of Part V of the EP Act to --
(a) a development referred to in subsection (2); or
(b) pollution caused by any non-compliance with an
environmental condition referred to in subsection (3).
15 54. Compensation
(1) Sections 11(1), (3) and (4) and 12 of the Town Planning Act
apply with all necessary changes to land in the redevelopment
area as if --
(a) the redevelopment scheme were a town planning
20 scheme under that Act;
(b) the Authority were a local government or a responsible
authority under that Act; and
(c) in section 11(3) of that Act, the word "amended" were
substituted for "altered or revoked by an order of the
25 Minister under this Act".
(2) If under the redevelopment scheme any land is reserved, zoned
or classified for a public purpose, Part V (other than
sections 36A, 37 and 37A) of the Metropolitan Scheme Act
applies with all necessary changes as if --
30 (a) the land were reserved for a public purpose under the
Metropolitan Region Scheme;
page 35
Armadale Redevelopment Bill 2001
Part 5 Development control
s. 54
(b) references in that Part to the Commission and the
Scheme were references to the Authority and to the
redevelopment scheme respectively; and
(c) in section 36(1)(b) of that Act, "amended" were
5 substituted for "varied, amplified or revoked by the
Commission".
(3) Compensation is not payable under an Act as applied by
subsection (1) or (2) if payment has been made for the same, or
substantially the same, injurious affection under that Act as in
10 operation otherwise than as applied by this section.
(4) If a claim for compensation has been made but not disposed of
before the appointed day, and is one that might have been made
under this section, the claim may be continued after the
appointed day as if it had been made under this section.
page 36
Armadale Redevelopment Bill 2001
Financial provisions Part 6
s. 55
Part 6 -- Financial provisions
55. Funds of Authority
(1) The funds available for the purpose of enabling the Authority to
perform its functions consist of --
5 (a) moneys from time to time appropriated by Parliament;
(b) moneys received by the Authority in the performance of
its functions;
(c) moneys borrowed by the Authority under section 57
or 58;
10 (d) the proceeds of disposals of land by the Authority;
(e) rents derived from land leased by the Authority;
(f) income derived from the investment under section 56 of
moneys standing to the credit of the Account; and
(g) other moneys lawfully received by, made available to or
15 payable to the Authority.
(2) The funds referred to in subsection (1) are to be credited to an
account at a bank approved by the Treasurer to be called the
"Armadale Redevelopment Authority Account".
(3) The Account is to be charged with --
20 (a) interest on, fees payable in respect of, and repayments
of, moneys borrowed by or advanced to the Authority
under section 57 or 58;
(b) the remuneration and travelling and other allowances
payable under section 10; and
25 (c) all other expenditure lawfully incurred by the Authority
in the performance of its functions.
56. Investment
(1) Moneys standing to the credit of the Account may, until
required for the purposes of this Act, be temporarily invested as
page 37
Armadale Redevelopment Bill 2001
Part 6 Financial provisions
s. 57
the Treasurer directs in any securities in which moneys standing
to the credit of the Public Bank Account, as constituted under
the Financial Administration and Audit Act 1985, may lawfully
be invested.
5 (2) Income derived from any such investment must be credited to
the Account.
57. Borrowing by Authority from Treasurer
(1) The Authority may borrow from the Treasurer the amounts that
the Treasurer approves on the conditions relating to repayment
10 and payment of interest that the Treasurer imposes.
(2) By virtue of this subsection the Account and the assets of the
Authority are charged with the due performance by the
Authority of all obligations arising from any advance made
under this section.
15 58. Borrowing by Authority generally
(1) This section is in addition to, and not in derogation from, the
provisions of section 57.
(2) The Authority may --
(a) with the prior approval of the Treasurer in writing and
20 on the terms and conditions that the Treasurer approves,
borrow moneys for the purpose of performing its
functions; and
(b) borrow moneys under this subsection on the guarantee
of the Treasurer given under section 59.
25 (3) Any moneys borrowed by the Authority under subsection (2)
may be raised as one loan or as several loans and in the manner
that the Treasurer approves, but the amount of the moneys so
borrowed must not in any one financial year exceed in the
aggregate the amount that the Treasurer approves.
page 38
Armadale Redevelopment Bill 2001
Financial provisions Part 6
s. 59
59. Guarantee by Treasurer
(1) The Treasurer may, in the name and on behalf of the Crown in
right of the State, guarantee, in the form and subject to the terms
and conditions that the Treasurer determines, the payment of
5 any moneys payable by the Authority in respect of moneys
borrowed by it under section 58.
(2) The due payment of moneys payable by the Treasurer under a
guarantee given under subsection (1) --
(a) is guaranteed by the State; and
10 (b) must be made by the Treasurer and charged to the
Consolidated Fund and this subsection appropriates that
Fund accordingly.
(3) By virtue of this subsection the Account and the assets of the
Authority are charged with the due repayment of any payment
15 made by the Treasurer under a guarantee given under
subsection (1) and with the performance and observance by the
Authority of any covenants and conditions that the Treasurer
imposes as a term of that guarantee.
(4) The Treasurer must cause any amounts received or recovered
20 from the Authority or otherwise in respect of any payment made
by the Treasurer under a guarantee given under subsection (1) to
be credited to the Consolidated Fund.
(5) Before a guarantee is given by the Treasurer under
subsection (1), the Authority must give to the Treasurer the
25 security that the Treasurer requires and must execute all
instruments that are necessary for the purpose.
(6) If a guarantee is given by the Treasurer under subsection (1), the
Treasurer must cause the text of the guarantee to be published in
the Gazette within 28 days and laid before each House within
30 14 sitting days of being published.
page 39
Armadale Redevelopment Bill 2001
Part 6 Financial provisions
s. 60
60. Charges for guarantees
(1) The Treasurer may, after consulting the Authority, fix charges
to be paid by the Authority to the Treasurer for the benefit of the
Consolidated Fund in respect of a guarantee given under
5 section 59.
(2) Payment of any charges fixed under subsection (1) must be
made at such time or times as the Treasurer determines.
61. Application of Financial Administration and Audit Act 1985
The provisions of the Financial Administration and Audit
10 Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of the
Authority and its operations.
62. Surplus
Any surplus in the Account at the end of any financial year that
15 is not reasonably required by the Authority for the purposes of
this Act must be paid by the Authority, in whole or in part as the
Treasurer directs, to the credit of the Consolidated Fund.
page 40
Armadale Redevelopment Bill 2001
General Part 7
s. 63
Part 7 -- General
63. Community reference groups
(1) The Minister may establish one or more committees
("community reference groups") to assist the Authority in
5 obtaining a broad cross-section of community views on matters
relating to the performance of its functions under this Act.
(2) Subject to subsection (3), the membership of a community
reference group is to comprise persons who, in the opinion of
the Minister, are representative of the community in Armadale.
10 (3) The Minister is to appoint a member of the board to be the
chairperson of a community reference group.
(4) The Minister may, after consulting the Authority, give
directions in writing to a community reference group about its
procedures but otherwise a community reference group may
15 determine its own procedures.
(5) The Minister may alter, reconstitute or discharge a community
reference group.
(6) The Minister may, in writing, delegate a power or duty of the
Minister under this section (other than this power or the power
20 in subsection (4)) to the Authority.
64. Modification of other laws
Section 33 of the Town Planning Act applies with all necessary
modifications for the purposes of carrying out a redevelopment
scheme as if the reference in that section --
25 (a) to an approved scheme were a reference to that
redevelopment scheme;
(b) to the responsible authority were a reference to the
Authority; and
(c) to an Act were a reference to a written law.
page 41
Armadale Redevelopment Bill 2001
Part 7 General
s. 65
65. Protection from liability
(1) An action in tort does not lie against a person other than the
Authority for anything that the person has done, in good faith, in
the performance or purported performance of a function under
5 this Act.
(2) The protection given by subsection (1) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this Act had been enacted.
(3) Despite subsection (1), neither the Authority nor the Crown is
10 relieved of any liability that it might have for another person
having done anything as described in that subsection.
(4) Subsection (1) has effect subject to the Statutory Corporations
(Liability of Directors) Act 1996.
(5) In this section, a reference to the doing of anything includes a
15 reference to the omission to do anything.
66. Confidentiality
A person who is or has been a member of the board, a member
of a committee, a member of a community reference group
under section 63 or a staff member must not, directly or
20 indirectly, record, disclose or make use of any information
obtained in the course of duty except --
(a) for the purpose of performing functions under this Act;
(b) as required or allowed by this Act or under another
written law;
25 (c) in the case of a member of the board appointed under
section 7(2)(b) --
(i) in connection with the performance of his or her
functions as a member of the council; and
(ii) to a closed meeting, or a closed committee
30 meeting, of the council;
page 42
Armadale Redevelopment Bill 2001
General Part 7
s. 67
(d) with the written consent of the person to whom the
information relates; or
(e) in prescribed circumstances.
Penalty: $10 000 and imprisonment for 12 months.
5 67. Execution of documents by the Authority
(1) The Authority is to have a common seal.
(2) A document is duly executed by the Authority, if --
(a) the common seal of the Authority is affixed to it in
accordance with subsections (3) and (4); or
10 (b) it is signed on behalf of the Authority by a person or
persons authorised to do so under subsection (5).
(3) The common seal of the Authority must not be affixed to any
document except as authorised by the Authority.
(4) The common seal of the Authority must be affixed to a
15 document in the presence of 2 members of the board, and each
of them must sign the document to attest that the common seal
was so affixed.
(5) The Authority may, by writing under its common seal, authorise
a member or members of the board or a staff member or staff
20 members to sign documents on behalf of the Authority, either
generally or subject to such conditions and restrictions as are
specified in the authorisation.
(6) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
25 is shown.
(7) When a document is produced bearing a seal purporting to be
the common seal of the Authority, it is to be presumed that the
seal is the common seal of the Authority until the contrary is
shown.
page 43
Armadale Redevelopment Bill 2001
Part 7 General
s. 68
68. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
5 purposes of this Act.
(2) Without limiting subsection (1), regulations may provide for --
(a) the procedure to be followed in applications for approval
under Part 5; and
(b) the imposition and payment of fees and charges in
10 connection with those applications.
69. Consequential amendments
The Acts specified in Schedule 3 are amended as specified in
that Schedule.
70. Review of Act
15 (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 Authority;
20 (b) the need for the continuation of the functions of the
Authority and for the continuation of this Act; and
(c) any other matters that 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
25 under subsection (1) and, as soon as is practicable after the
report is prepared, cause it to be laid before each House of
Parliament.
page 44
Armadale Redevelopment Bill 2001
General Part 7
s. 71
71. Expiry of Act and related provisions
(1) This Act, other than subsections (4), (5) and (6), expires --
(a) on 31 December 2011; or
(b) if a day is fixed under subsection (2), on that day.
5 (2) Regulations may be made under section 68 fixing a day that is
later than 31 December 2011 for the purposes of
subsection (1)(b).
(3) Before regulations referred to in subsection (2) are made the
Minister must --
10 (a) consult with the council of the City of Armadale; and
(b) carry out a review of the operation and effectiveness of
this Act and, in the course of that review, consider and
have regard to the matters referred to in section 70(1).
(4) On the expiry of this Act under subsection (1), the Minister
15 must wind up the affairs of the Authority as soon as is
practicable and for the purposes of winding up those affairs --
(a) all real and personal property and every right or interest
that immediately before that expiry was vested in the
Authority passes to and becomes vested in the State
20 without any transfer or assignment;
(b) all rights, liabilities and obligations of the Authority that
existed immediately before that expiry devolve on the
State;
(c) all contracts, agreements and undertakings made by and
25 with the Authority and having effect immediately before
that expiry have effect as contracts, agreements and
undertakings made by and with the Minister acting on
behalf of, and in the name of, the State and may be
enforced by or against the State accordingly; and
30 (d) any legal or other proceedings or any remedies that
might, but for this section, have been commenced or
continued or available by or against or to the Authority
page 45
Armadale Redevelopment Bill 2001
Part 7 General
s. 71
may be commenced or continued, or be available, by or
against or to the State, as the case requires.
(5) For the purposes of subsection (4) a reference to the Authority
in --
5 (a) a written law in force; or
(b) a document in existence,
immediately before the expiry of this Act under subsection (1)
is to be construed, after that expiry, as a reference to the State or
the Minister acting on behalf of the State, unless in the context it
10 would be inappropriate to do so.
(6) Nothing in this section affects or limits any guarantee --
(a) given by the Treasurer under section 59 in respect of any
money borrowed by the Authority under this Act; and
(b) in force immediately before the expiry of this Act under
15 subsection (1),
and section 59 continues to apply to that guarantee while that
guarantee remains in force as if this section had not come into
operation.
page 46
Armadale Redevelopment Bill 2001
Redevelopment area Schedule 1
Schedule 1 -- Redevelopment area
[s. 4]
All of the land in the areas outlined in bold on Plans Nos. 1 and 2 held
at the office of the Authority, those plans being certified by the
5 Minister as being the plans prepared for the purpose of defining the
redevelopment area.
For guidance, the redevelopment area is indicated in the following
representations of Plans Nos. 1 and 2 --
page 47
Armadale Redevelopment Bill 2001
Schedule 1 Redevelopment area
page 48
Armadale Redevelopment Bill 2001
Redevelopment area Schedule 1
page 49
Armadale Redevelopment Bill 2001
Schedule 2 Constitution and proceedings of the board
Schedule 2 -- Constitution and proceedings of the board
[s. 9]
Division 1 -- General provisions
1. Term of office
5 (1) Subject to clause 2, a member holds office for the term, not exceeding
3 years, that is specified in the instrument of his or her appointment,
and is eligible for reappointment.
(2) Unless --
(a) he or she sooner resigns;
10 (b) he or she is removed from office; or
(c) his or her office becomes vacant under clause 2(1)(b),
a member continues in office until his or her successor comes into
office, despite the term for which the member was appointed having
expired.
15 2. Resignation, removal, etc.
(1) The office of a member becomes vacant if he or she --
(a) resigns the office by written notice addressed to the Minister;
(b) is an insolvent under administration, as that term is defined in
the Corporations Act 2001 of the Commonwealth;
20 (c) in the case of a member appointed under section 7(2)(b),
ceases to be a member of the council of the City of Armadale;
or
(d) is removed from office by the Minister under subclause (2).
(2) The Minister may remove a member from office for --
25 (a) misbehaviour or incompetence;
(b) mental or physical incapacity, other than temporary illness,
impairing the performance of his or her functions;
(c) absence, without leave or reasonable excuse, from
3 consecutive meetings of the board, or 5 meetings of the
page 50
Armadale Redevelopment Bill 2001
Constitution and proceedings of the board Schedule 2
board in any calendar year, of which the member has had
notice.
3. Chairperson and deputy chairperson
(1) The office of chairperson or deputy chairperson becomes vacant if --
5 (a) the person holding the office resigns the office by written
notice addressed to the Minister;
(b) the person holding the office ceases to be a member of the
board; or
(c) the Minister declares the office to be vacant.
10 (2) During any vacancy in the office of chairperson, or while he or she is
unable to act because of sickness, absence or other cause, the deputy
chairperson is to act in the chairperson's place.
(3) An act or omission of the deputy chairperson acting in place of the
chairperson cannot be questioned on the ground that the occasion for
15 his or her so acting had not arisen or had ceased.
(4) If the deputy chairperson is acting in place of the chairperson,
clause 4(1) applies as if the deputy chairperson were absent from the
meeting.
4. Alternate members
20 (1) If a member other than the chairperson is unable to act because of
sickness, absence or other cause, the Minister may appoint another
person as an alternate member to act temporarily in the member's
place.
(2) While acting in accordance with the appointment the alternate
25 member is to be taken to be a member.
(3) An act or omission of an alternate member cannot be questioned on
the ground that the occasion for the appointment or acting had not
arisen or had ceased.
(4) The appointment of a person as an alternate member may be
30 terminated at any time by the Minister.
page 51
Armadale Redevelopment Bill 2001
Schedule 2 Constitution and proceedings of the board
5. Meetings
(1) The first meeting of the board is to be convened by the chairperson
and subsequently, subject to subclause (2), meetings are to be held at
the times and places that the Authority determines.
5 (2) A special meeting of the board may at any time be convened by the
chairperson.
(3) The chairperson must preside at all meetings of the board at which he
or she is present.
(4) If both the chairperson and the deputy chairperson are absent from a
10 meeting the members present must appoint one of their number to
preside.
(5) A quorum for a meeting of the board is 4 members.
(6) At any meeting of the board the chairperson, deputy chairperson or
other person presiding has a deliberative vote and, in the case of an
15 equality of votes, also has a casting vote.
(7) The board must cause accurate minutes to be kept of the proceedings
at its meetings.
6. Resolution without meeting
A resolution in writing signed by each member, or assented to by each
20 member by letter, telegram, telex, or facsimile transmission, is as
valid and effectual as if it had been passed at a meeting of the board.
7. Holding meetings remotely
The presence of a person at a meeting of the board need not be by
attendance in person but may be by that person and each other person
25 at the meeting being simultaneously in contact by telephone or other
means of instantaneous communication.
8. Leave of absence
The board may grant leave of absence to a member on the terms and
conditions that it thinks fit.
page 52
Armadale Redevelopment Bill 2001
Constitution and proceedings of the board Schedule 2
9. Committees
(1) The board may from time to time appoint committees of those
members, or those members and other persons, that it thinks fit and
may discharge or alter any committee so appointed.
5 (2) Subject to the directions of the Authority and to the terms of any
delegation under section 24, each committee may determine its own
procedures.
10. Board to determine own procedures
Subject to this Act, the board may determine its own procedures.
10 Division 2 -- Disclosure of interests, etc.
11. Disclosure of interests
(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
15 knowledge, disclose the nature of the interest at a meeting of the
board.
Penalty: $10 000.
(2) A disclosure under subclause (1) must be recorded in the minutes of
the meeting.
20 12. 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
25 (ii) on a proposed resolution under clause 13 in respect of
the matter, whether relating to that member or a
different member;
and
(b) must not be present while --
30 (i) the matter; or
page 53
Armadale Redevelopment Bill 2001
Schedule 2 Constitution and proceedings of the board
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at a meeting.
13. Clause 12 may be declared inapplicable
5 Clause 12 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
10 considering or voting on the matter.
14. Quorum where clause 12 applies
(1) Despite clause 5(5), if a member of the board is disqualified under
clause 12 in relation to a matter, a quorum is present during the
consideration of the matter if at least 3 members are present who are
15 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).
15. Minister may declare clauses 12 and 14 inapplicable
20 (1) The Minister may, in writing, declare that clause 12 or 14 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 within
25 14 sitting days of that House after the declaration is made.
page 54
Armadale Redevelopment Bill 2001
Consequential amendments to various Acts Schedule 3
Schedule 3 -- Consequential amendments to various Acts
[s. 69]
1. Constitution Acts Amendment Act 1899
Schedule V Part 3 is amended by inserting after the item relating to
5 the Board of Examiners under the Mines Safety and Inspection
Act 1994 the following item --
"
The board of management of the Armadale Redevelopment
Authority established by the Armadale Redevelopment
10 Act 2001.
".
2. Environmental Protection Act 1986
(1) Section 3(1) is amended as follows:
(a) in the definition of "final approval", after paragraph (ab) by
15 inserting the following paragraph --
"
(ac) prepared under the Armadale Redevelopment
Act 2001, means approval under section 33
of that Act, or under section 35 of that Act as
20 read with that section;
";
(b) in the definition of "period of public review", after
paragraph (ab) by inserting the following paragraph --
"
25 (ac) prepared under the Armadale Redevelopment
Act 2001, means period referred to in
section 32(1)(a) of that Act, or in section 35
of that Act as read with that section;
";
page 55
Armadale Redevelopment Bill 2001
Schedule 3 Consequential amendments to various Acts
(c) in the definition of "responsible authority", after
paragraph (a)(ib) by inserting the following subparagraph --
"
(ic) prepared under the Armadale
5 Redevelopment Act 2001, means
Armadale Redevelopment Authority
established by that Act;
";
(d) in the definition of "scheme", after paragraph (ab) by
10 inserting the following paragraph --
"
(ac) redevelopment scheme within the meaning
of the Armadale Redevelopment Act 2001, or
amendment to such a redevelopment
15 scheme;
";
(e) in the definition of "scheme Act" by inserting after
"means" --
" Armadale Redevelopment Act 2001, ".
20 (2) Section 48C(7) is amended, in the definition of "public review", after
paragraph (ab) by inserting the following paragraph --
"
(ac) prepared under the Armadale Redevelopment
Act 2001, means procedure referred to in
25 sections 31 and 32 of that Act, or in
section 35 of that Act as read with those
sections;
".
3. Financial Administration and Audit Act 1985
30 Schedule 1 is amended by inserting, in the appropriate alphabetical
position, the following --
" Armadale Redevelopment Authority ".
page 56
Armadale Redevelopment Bill 2001
Consequential amendments to various Acts Schedule 3
4. Metropolitan Region Town Planning Scheme Act 1959
(1) Section 32A(3) is amended as follows:
(a) after "1999" by deleting "or" and inserting a comma;
(b) after "2000" by inserting --
5 "
or section 43 of the Armadale Redevelopment Act 2001
".
(2) Section 38(4) is amended as follows:
(a) after "1999" by deleting "or" and inserting a comma;
10 (b) after "2000" by inserting --
" or the Armadale Redevelopment Act 2001 ".
5. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by inserting, in the appropriate alphabetical
position, the following item --
15 "
Armadale a member of the Armadale
Redevelopment board of Redevelopment
Authority management of the Act 2001
Authority
".
6. Town Planning and Development Act 1928
(1) Section 6(4) is amended as follows:
(a) after "1994" by deleting "or" and inserting a comma;
20 (b) after "1999" by inserting --
" or in the Armadale Redevelopment Act 2001 ".
(2) Section 31(2a) is amended by inserting after "1999" --
"
or under Part 4 of the Armadale Redevelopment
25 Act 2001
".
page 57
Armadale Redevelopment Bill 2001
Schedule 3 Consequential amendments to various Acts
(3) Section 37 is amended, in the definition of "appeal", after
paragraph (bd) by inserting the following paragraph --
"
(be) an appeal under section 50 or 52(2) of the
5 Armadale Redevelopment Act 2001;
".
page 58
Armadale Redevelopment Bill 2001
Defined Terms
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
acquire ............................................................................................................. 3
alternate member.............................................................................................. 3
appointed day................................................................................................. 41
Armadale ......................................................................................................... 3
assessed scheme .........................................................................................53(1)
Authority.......................................................................................................... 3
board................................................................................................................ 3
business arrangement .................................................................................17(9)
chairperson....................................................................................................... 3
committee ........................................................................................................ 3
community reference groups.......................................................................63(1)
deputy chairperson ........................................................................................... 3
development..................................................................................................... 3
dispose of......................................................................................................... 3
document ...................................................................................................27(1)
environmental condition .............................................................................53(1)
EP Act ............................................................................................................. 3
EPA ................................................................................................................. 3
information ................................................................................................27(1)
interest in land.................................................................................................. 3
land.................................................................................................................. 3
member............................................................................................................ 3
Metropolitan Region Scheme............................................................................ 3
Metropolitan Scheme Act ................................................................................. 3
Minister for the Environment............................................................................ 3
officer ........................................................................................................51(1)
participate ..................................................................................................17(9)
Planning Commission....................................................................................... 3
planning scheme.........................................................................................43(1)
PSM Act .......................................................................................................... 3
public authority ................................................................................................ 3
redevelopment area .......................................................................................... 3
redevelopment scheme ..................................................................................... 3
Registrar ....................................................................................................19(1)
relevant qualification ................................................................................... 7(1)
staff member .................................................................................................... 3
street ..........................................................................................................22(1)
Town Planning Act........................................................................................... 3
page 59
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