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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Midland Redevelopment Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Redevelopment area defined 3
5. Transitional provisions where area amended 4
Part 2 -- Midland Redevelopment Authority
Division 1 -- Establishment of Authority
6. Authority established 6
7. Membership of Authority 6
8. Chairperson and deputy chairperson 7
9. Constitution and proceedings 7
10 . Remuneration and expenses of members 7
11 . Protection of members and officers 7
12 . Particular functions of members 8
Division 2 -- Staff
13 . Chief executive officer 9
14 . Staff and facilities 9
15 . Consultants, etc. 10
page i
117--1
Midland Redevelopment Bill 1999
Contents
16 . Senior Executive Service 10
Part 3 -- Functions and powers
17 . Compliance with written laws 11
18 . Authority exempt from rates, taxes, etc. 11
19 . Functions 11
20 . Powers 11
21 . Further restrictions on exercise of power 13
22 . Conditional disposal of land 14
23 . Compulsory taking of land 15
24 . Power of Governor to direct transfer to Authority 16
25 . Temporary closure of streets 16
26 . Permanent closure of streets 17
27 . Delegation 17
28 . Minister may give directions 18
29 . Minister to have access to information 18
Part 4 -- Redevelopment scheme
Division 1 -- General
30 . Authority to comply with redevelopment scheme 20
31 . Contents of redevelopment scheme 20
Division 2 -- Preparation and approval of
redevelopment scheme
32 . Proposed redevelopment scheme 20
33 . Proposed scheme to be publicly notified 22
34 . Public submissions 23
35 . Approval by Minister 23
36 . Notice of approval 24
Division 3 -- Amendment of redevelopment scheme
37 . Amendment of redevelopment scheme 25
38 . Saving 26
page ii
Midland Redevelopment Bill 1999
Contents
Division 4 -- Role of Environmental Protection
Authority in respect of redevelopment schemes, etc.
39 . Reference of proposed redevelopment schemes, and
proposed amendments to redevelopment schemes,
to Environmental Protection Authority 26
40 . Prerequisite to submission of proposed
redevelopment schemes, and proposed amendments
to redevelopment schemes, to Minister for approval
before public notification 26
41 . Role of Authority in relation to environmental
submissions 28
42 . Prerequisite to final approval by Minister of
proposed redevelopment schemes and proposed
amendments to redevelopment schemes 28
Part 5 -- Development control
43 . Definition 30
44 . Crown bound 30
45 . Certain planning schemes cease to apply 30
46 . Saving 31
47 . Development to be approved 31
48 . Applications for approval 31
49 . Consultation with other authorities 32
50 . Authority's decision 32
51 . Referral of certain applications to Minister 33
52 . Appeal 33
53 . Liability of officers for offence committed by body
corporate 34
54 . Power to direct cessation or removal of unlawful
development 35
55 . Powers of Minister to ensure that environmental
conditions are met 36
56 . Compensation 38
page iii
Midland Redevelopment Bill 1999
Contents
Part 6 -- Financial provisions
57 . Funds of Authority 39
58 . Investment 40
59 . Borrowing by Authority from Treasurer 40
60 . Borrowing by Authority generally 40
61 . Guarantee by Treasurer 41
62 . Charges for guarantees 42
63 . Application of Financial Administration and Audit
Act 1985 42
64 . Surplus 42
Part 7 -- General
65 . Modification of other laws 43
66 . Execution of documents by Authority 43
67 . Regulations 44
68 . Review of Act 44
69 . Duration of Act 45
Part 8 -- Amendment of various Acts
70 . Amendment of Constitution Acts Amendment Act
1899 47
71 . Amendment of Environmental Protection Act 1986 47
72 . Amendment of Financial Administration and Audit
Act 1985 49
73 . Amendment of Government Employees
Superannuation Act 1987 49
74 . Amendment of Metropolitan Region Town
Planning Scheme Act 1959 50
75 . Amendment of Public Sector Management Act 1994 51
76 . Amendment of Statutory Corporations (Liability of
Directors) Act 1996 51
77 . Amendment of Swan River Trust Act 1988 52
page iv
Midland Redevelopment Bill 1999
Contents
78 . Amendment of Town Planning and Development
Act 1928 52
Schedule 1 -- Redevelopment area
Schedule 2 -- Provisions as to constitution and
proceedings of the Authority
1. Term of office 55
2. Resignation, removal, etc. 55
3. Temporary members 56
4. Resignation, etc., of deputy chairperson 56
5. Function of deputy chairperson 56
6. Meetings 57
7. Committees 57
8. Resolution may be passed without meeting 57
9. Leave of absence 58
10 . Authority to determine own procedures 58
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
Midland Redevelopment Bill 1999
A Bill for
An Act to provide for the development and redevelopment of certain
land in the local government district of Swan, to establish the
Midland Redevelopment Authority with planning, development
control and other functions in respect of that land, and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Midland Redevelopment Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Midland Redevelopment Act 1999.
2. Commencement
This Act comes into operation on a day fixed by proclamation.
5
3. Interpretation
In this Act, unless the contrary intention appears --
"Account" means the Midland Redevelopment Authority
Account referred to in section 57;
"acquire" includes take on lease;
10
"Authority" means the Midland Redevelopment Authority;
"chairperson" means the chairperson of the Authority;
"committee" means a committee established under clause 7 of
Schedule 2;
"development" has the same meaning as it has in the Town
15
Planning Act, but does not include any work, act or activity
declared by regulations made under section 67 not to
constitute development;
"dispose of" includes sell, lease, let, grant a licence and grant
any easement or right of way;
20
"EPA" means the Environmental Protection Authority
continued in existence under the EP Act;
"EP Act" means the Environmental Protection Act 1986;
"interest in land" includes an easement, right or power
affecting land;
25
"land" includes a legal or equitable estate or interest in land;
page 2
Midland Redevelopment Bill 1999
Preliminary Part 1
s. 4
"member" means a member of the Authority and except in
clauses 1, 2 and 3 of Schedule 2, includes a temporary
member and a member of a committee;
"Metropolitan Region Scheme" has the same meaning as it
has in the Metropolitan Scheme Act;
5
"Metropolitan Scheme Act" means the Metropolitan Region
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;
10
"public authority" means a Minister of the Crown in right of
the State, Government department, State trading concern,
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
15
carries on for the benefit of the State a social service or
public utility;
"PSM Act" means the Public Sector Management Act 1994;
"redevelopment area" means the area referred to in
section 4(1);
20
"redevelopment scheme" means a redevelopment scheme in
force under Part 4;
"temporary member" means a person appointed under
clause 3(1) of Schedule 2;
"Town Planning Act" means the Town Planning and
25
Development Act 1928.
4. Redevelopment area defined
(1) The redevelopment area for the purposes of this Act is the area
referred to in Schedule 1.
page 3
Midland Redevelopment Bill 1999
Part 1 Preliminary
s. 5
(2) Regulations may be made under section 67 amending
Schedule 1 --
(a) by adding to the redevelopment area any area that is
contiguous to that area or by subtracting any area from
the redevelopment area; or
5
(b) by deleting the redevelopment area and substituting
another area for it,
but before any such regulations are made the Minister is to
consult with the Council of the Shire of Swan.
(3) When regulations made under subsection (2) that add an area to
10
the redevelopment area are laid before each House of
Parliament under section 42 of the Interpretation Act 1984, they
are to be accompanied by an explanatory memorandum showing
how and why it is intended to amend the redevelopment area in
respect of the area that is added.
15
(4) Regulations made under subsection (2) may provide for the
substitution of a plan for that referred to in Schedule 1, or for
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
20
referred to in Schedule 1 or subsection (4) showing the
boundaries or any boundary of the redevelopment area is
evidence of those boundaries or that boundary.
5. Transitional provisions where area amended
(1) A redevelopment scheme does not extend to any area that
25
becomes part of the redevelopment area under section 4(2)
except by virtue of an amendment to the scheme under
section 37.
page 4
Midland Redevelopment Bill 1999
Preliminary Part 1
s. 5
(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 45(3)) are repealed in relation to that area.
(3) If an area is subtracted from the redevelopment area under
5
section 4(2)(a), the redevelopment scheme ceases to apply to
that area.
(4) Regulations referred to in section 4(2) may make further
provisions of a transitional nature that are expedient to be made
in respect of an amendment to Schedule 1 under that subsection
10
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
for --
15
(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
which applied to it under the redevelopment
20
scheme in force immediately before it was
subtracted;
and
(b) for the saving of rights existing at the time of the
amendment, but subject to any provision of the
25
redevelopment scheme relating to non-conforming uses.
page 5
Midland Redevelopment Bill 1999
Part 2 Midland Redevelopment Authority
Division 1 Establishment of Authority
s. 6
Part 2 -- Midland Redevelopment Authority
Division 1 -- Establishment of Authority
6. Authority established
(1) A body by the name of the Midland Redevelopment Authority
is established.
5
(2) The Authority is a body corporate with perpetual succession and
a common seal.
(3) Proceedings may be taken by or against the Authority in its
corporate name.
(4) The Authority is an agent of the Crown in right of the State and,
10
except as provided in section 17, enjoys the status, immunities
and privileges of the Crown.
7. Membership of Authority
(1) The Authority consists of 5 members appointed by the Minister
of whom --
15
(a) 3 are to be persons who, in the opinion of the Minister,
have a relevant qualification; and
(b) 2 are to be persons nominated by the council of the
Shire of Swan who are members of the council of, or
employees of, the Shire of Swan.
20
(2) In subsection (1) --
"a relevant qualification" means knowledge of, and
experience in, one or more of the fields of urban planning,
business management, property development, financial
management, engineering, transport, housing and
25
community affairs.
page 6
Midland Redevelopment Bill 1999
Midland Redevelopment Authority Part 2
Establishment of Authority Division 1
s. 8
(3) As far as is practicable, the membership of the Authority is to
comprise persons who between them have knowledge or
experience covering all the fields mentioned in subsection (2).
(4) The chief executive officer is not to be appointed as a member
of the Authority.
5
8. Chairperson and deputy chairperson
(1) The Minister is to appoint one of the members appointed under
section 7(1)(a) to be the chairperson of the Authority.
(2) The Minister is to appoint another member to be the deputy
chairperson of the Authority.
10
9. Constitution and proceedings
The provisions of Schedule 2 have effect with respect to the
constitution and proceedings of the Authority.
10. Remuneration and expenses of members
A member is to be paid out of the funds of the Authority the
15
remuneration and travelling and other allowances that are
determined in his or her case by the Minister on the
recommendation of the Minister to whom the administration of
the PSM Act is for the time being committed by the Governor.
11. Protection of members and officers
20
(1) A member or the chief executive officer of the Authority, or any
person referred to in section 14 whose services are used by the
Authority, is not personally liable for any act done or omitted to
be done in good faith by the Authority or in the performance of
any function under this Act.
25
(2) Subsection (1) has effect subject to the Statutory Corporations
(Liability of Directors) Act 1996.
page 7
Midland Redevelopment Bill 1999
Part 2 Midland Redevelopment Authority
Division 1 Establishment of Authority
s. 12
12. Particular functions of members
(1) If a matter is before a meeting for consideration and a member
present at the meeting has a direct or indirect pecuniary interest
in the matter, the member must disclose to the other members
present at the meeting, as soon as possible after the relevant
5
facts have come to his or her knowledge, that he or she has an
interest, and --
(a) the disclosure is to be recorded in the minutes of the
meeting; and
(b) the member must not subsequently be present during
10
any consideration or discussion of, and is not to vote on
any determination of, the matter.
(2) A member must not disclose any information acquired by virtue
of the performance of any function unless the disclosure is
made --
15
(a) in connection with the carrying out of this Act or under
any legal duty;
(b) for the purposes of any proceedings arising out of this
Act or any report of those proceedings; or
(c) in the case of a member appointed under section 7(1)(b)
20
who is a member of the council of the Shire of Swan --
(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
meeting, of the council.
25
(3) A member who commits a breach of any provision of this
section --
(a) is liable to the Authority for any profit made by him or
her, or for any damage suffered by the Authority, as a
result of the breach of that provision; and
30
page 8
Midland Redevelopment Bill 1999
Midland Redevelopment Authority Part 2
Staff Division 2
s. 13
(b) commits an offence against this Act and is liable to a
fine of $5 000.
(4) This section is in addition to and not in derogation of any other
law relating to the duty or liability of the holder of a public
office.
5
Division 2 -- Staff
13. Chief executive officer
(1) There is to be appointed under the PSM Act a chief executive
officer of the Authority.
(2) The chief executive officer is to administer the day to day
10
operations of the Authority.
14. 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
officer or employee --
15
(a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the
State.
(2) The Authority may by arrangement with --
20
(a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on
25
such terms as are agreed to by the parties.
page 9
Midland Redevelopment Bill 1999
Part 2 Midland Redevelopment Authority
Division 2 Staff
s. 15
15. Consultants, etc.
The Authority may engage, under a contract for services or
other arrangement, any consultants and professional or technical
or other assistance that it considers necessary to enable it to
perform its functions.
5
16. Senior Executive Service
Despite anything in this division, if there is, in the case of the
chief executive officer who is a member of the Senior Executive
Service under the PSM Act, an inconsistency between this Act
and that Act, that Act is to prevail.
10
page 10
Midland Redevelopment Bill 1999
Functions and powers Part 3
s. 17
Part 3 -- Functions and powers
17. Compliance with written laws
Subject to sections 18 and 20(7), nothing in this Act is to be
read as conferring on the Authority in the performance of its
functions any immunity from the operation of any written law.
5
18. 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
rate, tax, duty, fee or charge imposed by or under a written law.
10
(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.
19. Functions
The functions of the Authority are --
15
(a) to plan, undertake, promote and coordinate the
development and redevelopment of land in the
redevelopment area; and
(b) for that purpose --
(i) under Part 4, to prepare and keep under review a
20
redevelopment scheme for that area; and
(ii) under Part 5, to control developments in that
area.
20. Powers
(1) The Authority may do all things that are necessary or
25
convenient to be done for or in connection with the performance
of its functions.
page 11
Midland Redevelopment Bill 1999
Part 3 Functions and powers
s. 20
(2) Without limiting the generality of subsection (1), the Authority
may --
(a) acquire, hold, manage and dispose of land but, in the
case of an acquisition or disposal of land that, in the
opinion of the Authority, exceeds $1 000 000 in value,
5
only with the approval of the Minister and subject to any
conditions attached to the approval;
(b) subdivide, amalgamate, improve, develop and alter land;
(c) subject to section 21(1) --
(i) participate in any business arrangement; or
10
(ii) acquire, hold and dispose of shares, units or other
interests in any business arrangement;
and
(d) subject to subsection (3), enter into any contract or
arrangement with a person, including a public authority
15
or a local government for the performance by that
person or body of any work or the supply of equipment
or services.
(3) If the amount to be paid or received by the Authority under a
contract or arrangement under subsection (2)(d) exceeds
20
$1 000 000, the Authority may enter into the contract or
arrangement only with the approval of the Minister and subject
to any conditions attached to the approval.
(4) In performing its functions the Authority may act alone or in
conjunction with any person or any department of the Public
25
Service, or other agency or instrumentality, of the State or the
Commonwealth.
(5) In performing its functions the Authority is to have regard to,
and is to seek to enhance and preserve, the heritage and
significance of the redevelopment area and its adjacent areas.
30
page 12
Midland Redevelopment Bill 1999
Functions and powers Part 3
s. 21
(6) Despite anything in this section or in section 19, the Authority
may pay for the carrying out of any work on land that is
contiguous to 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.
5
(7) In exercising any power under this section the Authority is not
required to comply with section 20 of the Town Planning Act
but --
(a) anything that would otherwise require the approval of
the Western Australian Planning Commission under that
10
section may be 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 is to seek the advice of the
Western Australian Planning Commission and consider
15
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.
(8) In subsection (2)(c) --
20
"business arrangement" means a proprietary limited company,
partnership, trust, joint venture or arrangement for sharing
profits;
"participate" includes form, promote, establish, enter into,
manage, dissolve, wind up and do anything incidental to
25
the doing of any of those things.
21. Further restrictions on exercise of power
(1) Any power conferred by section 20(2)(c) is only exercisable
with the approval of the Governor and subject to any conditions
attached to the approval.
30
page 13
Midland Redevelopment Bill 1999
Part 3 Functions and powers
s. 22
(2) When the Minister gives any approval under section 20, other
than under section 20(7)(a), or the Governor gives any approval
under subsection (1), the text of that approval is to be laid
before each House of Parliament within 28 sitting days of that
House after the day on which the approval is given.
5
(3) The annual report submitted by the accountable authority of the
Authority under section 66 of the Financial Administration and
Audit Act 1985 is to include a summary of any approval referred
to in subsection (2).
22. Conditional disposal of land
10
(1) The Authority may attach any condition or restriction to a
disposal of land under section 20(2)(a).
(2) Without limiting subsection (1), the Authority and a transferee
may agree that the transferee --
(a) is required to make specified improvements to land; or
15
(b) is subject to restrictions on the disposal of or dealing
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
20
or restriction.
(3) 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, is to register the memorial against the
relevant land.
25
(4) A memorial under subsection (3) is to be in a form approved by
the Registrar.
(5) While a memorial is registered under subsection (3), the
Registrar is not to register under the Transfer of Land Act 1893,
page 14
Midland Redevelopment Bill 1999
Functions and powers Part 3
s. 23
without the consent in writing of the Authority, any instrument
affecting the land to which the memorial relates.
(6) 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 is to withdraw the memorial by notice in a
5
form approved by the Registrar, and the Registrar is to cancel
the memorial accordingly.
(7) In this section --
"Registrar" means Registrar of Titles.
23. Compulsory taking of land
10
(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
and the Public Works Act 1902, and, if necessary for any of
those purposes, the Authority is to be taken to be a local
15
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
section --
(a) "land" in those Acts has the same meaning as it has in
20
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
(c) sections 187, 188, 189, 190, and 191 of the Land
Administration Act 1997 do not apply to land in the
25
redevelopment area taken or acquired under the Public
Works Act 1902 before the commencement of this Act.
page 15
Midland Redevelopment Bill 1999
Part 3 Functions and powers
s. 24
(3) If land referred to in subsection (2)(c) is not required for the
public work for which it was taken or acquired, the land may be
held or used for some other purpose authorized by this Act.
24. Power of Governor to direct transfer to Authority
(1) The Governor may by order direct a public authority to transfer
5
to the Authority all of the estate and interest over which the
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
10
that the land is required by the Authority for development or
redevelopment under, or otherwise for the purposes of, this Act.
(3) An order under subsection (1) is to specify the terms and
conditions subject to which the transfer is to be made.
(4) A public authority is to comply with a direction given to it
15
under subsection (1), despite any other written law.
25. Temporary closure of streets
(1) Despite any provision of the Local Government Act 1995, the
Authority may close, or restrict the thoroughfare in, a street in
the redevelopment area --
20
(a) by causing fences and barriers to be placed on or across
the street; or
(b) in any other manner,
if, and for the period that, the Authority considers that the
closure or restriction is necessary for the performance of its
25
functions.
(2) A street may be closed for more than 3 days under
subsection (1) only if the Authority has given at least 14 days'
page 16
Midland Redevelopment Bill 1999
Functions and powers Part 3
s. 26
notice of the closure to the chief executive officer of the Shire
of Swan.
(3) In this section and section 26 --
"street" means a thoroughfare as defined in the Local
Government Act 1995.
5
26. Permanent closure of streets
A street in the redevelopment area may be closed under
section 58 of the Land Administration Act 1997 and regulations
made under that Act, and for that purpose "local government"
in that section and in those regulations --
10
(a) includes the Authority; and
(b) does not include the Shire of Swan,
in relation to any such street.
27. Delegation
(1) The Authority may by resolution, either generally or as
15
otherwise provided by the resolution, delegate to an eligible
person any of its functions under this Act other than this power
of delegation.
(2) In subsection (1) --
"eligible person" means --
20
(a) a member or the chief executive officer of the
Authority;
(b) the chief executive officer, or a nominee of the chief
executive officer, of the department principally
assisting the Minister to whom the administration of
25
the Town Planning Act is committed in the
administration of that Act;
page 17
Midland Redevelopment Bill 1999
Part 3 Functions and powers
s. 28
(c) a local government or a committee or employee of a
local government.
(3) The Authority may by resolution revoke a delegation under
subsection (1).
28. Minister may give directions
5
(1) The Minister may give directions in writing to the Authority
with respect to the performance of its functions, either generally
or in relation to a particular matter, and the Authority is to give
effect to any such direction.
(2) The text of any direction given under subsection (1) is to be --
10
(a) laid before each House of Parliament within 28 sitting
days of that House after the day on which the direction
is given; and
(b) included in the annual report submitted by the
accountable authority of the Authority under section 66
15
of the Financial Administration and Audit Act 1985.
(3) Subsection (1) has effect subject to the Statutory Corporations
(Liability of Directors) Act 1996.
29. Minister to have access to information
(1) The Minister is entitled to have information in the possession of
20
the Authority and, if the information is in or on a document, to
have, and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may --
(a) request the Authority to provide information to the
Minister;
25
(b) request the Authority to give the Minister access to
information; and
page 18
Midland Redevelopment Bill 1999
Functions and powers Part 3
s. 29
(c) for the purposes of paragraph (b) make use of its staff to
obtain the information and provide it to the Minister.
(3) The Authority is to comply with a request under subsection (2)
and the Authority is to make its staff and facilities available to
the Minister for the purposes of paragraph (c) of that subsection.
5
(4) In this section --
"document" includes any tape, disc or other device or medium
on which information is recorded or stored;
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
10
Authority.
page 19
Midland Redevelopment Bill 1999
Part 4 Redevelopment scheme
Division 1 General
s. 30
Part 4 -- Redevelopment scheme
Division 1 -- General
30. Authority to comply with redevelopment scheme
(1) The Authority is to perform its functions in accordance with the
redevelopment scheme for the time being in force under this
5
Part.
(2) Subsection (1) does not affect the discretion conferred on the
Authority by section 50(1).
(3) A copy of the redevelopment scheme for the time being in force
is to be kept in the offices of the Authority and is to be available
10
for inspection by the public during office hours free of charge.
31. Contents of redevelopment scheme
A redevelopment scheme may make any provision that the
Authority considers will promote the orderly and proper
planning, development and management of the redevelopment
15
area, including any provision that may be made by a town
planning scheme under the Town Planning Act.
Division 2 -- Preparation and approval of
redevelopment scheme
32. Proposed redevelopment scheme
20
(1) The Authority is to submit a proposed redevelopment scheme to
the Minister as soon as is practicable after the commencement
of this Act.
(2) The Authority may, under subsection (1), submit a proposed
redevelopment scheme in 2 or more stages, each one being
25
page 20
Midland Redevelopment Bill 1999
Redevelopment scheme Part 4
Preparation and approval of redevelopment scheme Division 2
s. 32
applicable to a part of the redevelopment area, and if it does
so --
(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
5
redevelopment scheme for part of the redevelopment
area as provided for by this subsection.
(3) A proposed redevelopment scheme is not to be submitted to the
Minister unless sections 39 and 40 have been complied with in
respect of that redevelopment scheme and it was prepared --
10
(a) after consultation with the Shire of Swan and the
Western Australian Planning Commission (whether that
consultation occurred before or after the commencement
of this Act); and
(b) having regard to the views of the Shire of Swan and the
15
Commission.
(4) The Minister may --
(a) consent or refuse to consent to the public notification of
a proposed redevelopment scheme submitted under this
section; or
20
(b) consent to such public notification subject to
modifications being made to the scheme, as directed by
the Minister.
(5) If the Minister refuses to consent to the public notification of a
proposed redevelopment scheme submitted under this section,
25
the Minister is to give directions to the Authority as to the
preparation of a further scheme to be submitted under this
section.
(6) The Authority is to comply with any direction of the Minister
under subsection (4) or (5).
30
page 21
Midland Redevelopment Bill 1999
Part 4 Redevelopment scheme
Division 2 Preparation and approval of redevelopment scheme
s. 33
(7) The text of any direction given under subsection (4) or (5) is to
be --
(a) laid before each House of Parliament within 28 sitting
days of that House after the day on which the direction
is given; and
5
(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.
33. Proposed scheme to be publicly notified
(1) Public notification of a proposed redevelopment scheme in
10
respect of which the Minister has given consent under
section 32(4) is to be given in accordance with subsection (2).
(2) The proposed redevelopment scheme is to be publicly notified
by the Authority by the publication --
(a) in the Gazette; and
15
(b) in 2 issues of a daily newspaper circulating in the Shire
of Swan,
of a notice --
(c) specifying the places at which --
(i) a copy of the scheme may be inspected; and
20
(ii) copies of the scheme may be obtained;
and
(d) stating the effect of section 34 and specifying the period
referred to in that section.
(3) The Authority may fix and charge a fee for supplying copies of
25
a proposed redevelopment scheme.
(4) The Authority must, in addition to complying with
subsection (2), make reasonable endeavours to consult in
page 22
Midland Redevelopment Bill 1999
Redevelopment scheme Part 4
Preparation and approval of redevelopment scheme Division 2
s. 34
respect of the proposed redevelopment scheme such public
authorities and persons as appear to the Authority to be likely to
be affected by that redevelopment scheme.
34. 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 by it.
35. Approval by Minister
(1) After sections 41 and 42 have been complied with, the
15
Authority is to submit the proposed redevelopment scheme,
with any modifications made under section 34(2), to the
Minister for approval.
(2) The scheme as so submitted is to be accompanied by --
(a) a summary of all submissions made under section 34;
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.
page 23
Midland Redevelopment Bill 1999
Part 4 Redevelopment scheme
Division 2 Preparation and approval of redevelopment scheme
s. 36
(4) If the Minister refuses to approve a proposed redevelopment
scheme submitted under this section, the Minister is to give
directions to the Authority as to the preparation of a further
scheme to be submitted under section 32 or under
subsection (1), as the Minister may specify.
5
(5) The Authority is to comply with any direction of the Minister
under subsection (3) or (4).
(6) The text of any direction given under subsection (3) or (4) is to
be --
(a) laid before each House of Parliament within 28 sitting
10
days of that House after the day on which the direction
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.
15
36. Notice of approval
(1) Notice that a redevelopment scheme has been approved by the
Minister under section 35 is to 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.
20
(2) A redevelopment scheme comes into operation on the day of
publication in the Gazette of a notice under subsection (1), or on
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.
25
page 24
Midland Redevelopment Bill 1999
Redevelopment scheme Part 4
Amendment of redevelopment scheme Division 3
s. 37
Division 3 -- Amendment of redevelopment scheme
37. Amendment of redevelopment scheme
(1) A redevelopment scheme may be amended in accordance with
this section.
(2) The Authority is to submit any proposed amendment to the
5
Minister.
(3) The following provisions apply for the purposes of this section,
with all necessary changes --
(a) sections 32(3) and 32(4), 33 and 35, as if references in
those sections to a, or the, proposed redevelopment
10
scheme were references to the proposed amendment to
the redevelopment scheme;
(b) section 32(5) and 32(6), as if, in section 32(5) --
(i) the reference to a proposed redevelopment
scheme were a reference to the proposed
15
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 "is to
give";
20
(c) section 34, as if the reference in that section --
(i) to the proposed redevelopment scheme were a
reference to a proposed amendment to the
redevelopment scheme;
(ii) in subsection 34(1)(a), to the Authority were a
25
reference to the Minister; and
(iii) to 60 days were a reference to 42 days;
and
page 25
Midland Redevelopment Bill 1999
Part 4 Redevelopment scheme
Division 4 Role of Environmental Protection Authority in respect of
redevelopment schemes, etc.
s. 38
(d) section 36, as if references in that section to a
redevelopment scheme were references to the
amendment to a redevelopment scheme.
38. Saving
A development in respect of which an approval under section 50
5
is in force immediately before an amendment to a
redevelopment scheme comes into force under section 37 may
be lawfully carried out as if the amendment had not been made.
Division 4 -- Role of Environmental Protection Authority in
respect of redevelopment schemes, etc.
10
39. Reference of proposed redevelopment schemes, and
proposed amendments to redevelopment schemes, to
Environmental Protection Authority
When the Authority resolves to prepare a redevelopment
scheme, or an amendment to a redevelopment scheme, the
15
Authority must forthwith refer the redevelopment scheme or
amendment to the EPA by giving to the EPA --
(a) written notice of that resolution; and
(b) such written information about the redevelopment
scheme or amendment as is sufficient to enable the EPA
20
to comply with section 48A of the EP Act in relation to
the redevelopment scheme or amendment.
40. Prerequisite to submission of proposed redevelopment
schemes, and proposed amendments to redevelopment
schemes, to Minister for approval before public notification
25
(1) When the EPA has acted under section 48C(1)(a) of the EP Act
in relation to a proposed redevelopment scheme or a proposed
amendment to a redevelopment scheme, the Authority must, if it
page 26
Midland Redevelopment Bill 1999
Redevelopment scheme Part 4
Role of Environmental Protection Authority in respect of Division 4
redevelopment schemes, etc.
s. 40
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 section and must not
submit that redevelopment scheme or amendment to the
5
Minister for consent to public notification under section 32, or
section 37 as read with section 32, 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
undertaken in accordance with those instructions, or
10
30 days have elapsed since that forwarding without the
EPA having advised whether or not that review has been
undertaken in accordance with those instructions,
whichever first occurs.
(2) If the EPA has advised that the review has not been undertaken
15
in accordance with the relevant instructions issued under
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
20
Environment and, if possible, agree with him or her on
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 --
25
(a) agree on whether or not the review has been undertaken
in accordance with the relevant instructions, their
decision is to be final and without appeal; or
(b) cannot so agree, section 48J of the EP Act applies.
page 27
Midland Redevelopment Bill 1999
Part 4 Redevelopment scheme
Division 4 Role of Environmental Protection Authority in respect of
redevelopment schemes, etc.
s. 41
41. Role of Authority in relation to environmental submissions
When the Authority has been informed under
section 48A(1)(b)(i) of the EP Act that the proposed
redevelopment scheme or amendment should be assessed by the
EPA under Division 3 of Part IV of the EP Act, the Authority
5
must --
(a) as soon as practicable, but in any event within 7 days
after the expiry of the period referred to in
section 34(1)(a), or section 37 as read with
section 34(1)(a), as the case requires, transmit to the
10
EPA a copy of each submission --
(i) made under section 34, or under section 37 as
read with section 34, as the case requires; and
(ii) relating wholly or in part to environmental issues
raised by that redevelopment scheme or
15
amendment;
and
(b) within 42 days, or such longer period as the Minister
allows, after the expiry of the period referred to in
section 34(1)(a), or section 37 as read with
20
section 34(1)(a), as the case requires, inform the EPA of
its views on and response to the environmental issues
raised by submissions referred to in paragraph (a) and
received within that period.
42. Prerequisite to final approval by Minister of proposed
25
redevelopment schemes and proposed amendments to
redevelopment schemes
The Minister is not to approve under section 35, or section 37 as
read with section 35, a proposed redevelopment scheme or
amendment referred to the EPA under section 39 if he or she
30
page 28
Midland Redevelopment Bill 1999
Redevelopment scheme Part 4
Role of Environmental Protection Authority in respect of Division 4
redevelopment schemes, etc.
s. 42
has reached agreement with the Minister for the Environment
under section 48A(2)(b) of the EP Act, or until --
(a) he or she 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
5
EPA under Division 3 of Part IV of the EP Act;
(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
10
is subject; or
(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
15
conditions, if any, to which that redevelopment scheme or
amendment is subject have been incorporated into that
redevelopment scheme or amendment.
page 29
Midland Redevelopment Bill 1999
Part 5 Development control
s. 43
Part 5 -- Development control
43. Definition
In this Part --
"appointed day" means the day on which a redevelopment
scheme comes into operation under section 36(2).
5
44. Crown bound
This Part binds the Crown.
45. Certain planning schemes cease to apply
(1) On and after the appointed day, the planning schemes are
repealed in relation to the redevelopment area so that they do
10
not apply to a development that commences in that area on or
after that day.
(2) Section 37 of the Interpretation Act 1984 applies in respect of
the repeal effected by subsection (1) as if the planning schemes
were enactments within the meaning of that section.
15
(3) In this section --
"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
20
(b) the Metropolitan Region Scheme.
(4) Subsection (2) has effect subject to any provision of the
redevelopment scheme relating to non-conforming uses.
page 30
Midland Redevelopment Bill 1999
Development control Part 5
s. 46
46. Saving
(1) This Part does not apply to a development that was lawfully
being carried out in the redevelopment area immediately before
the appointed day.
(2) A development referred to in subsection (1), or in respect of
5
which all necessary approvals under the planning schemes
referred to in section 45(3) were in force immediately before the
appointed day --
(a) may be lawfully carried out as if this Part had not been
passed; and
10
(b) is to be governed by those schemes despite
section 45(1).
47. Development to be approved
(1) A person must not undertake any development or cause any
development to be undertaken on land that is in, or partly in, the
15
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.
(2) The requirements of subsection (1) extend to the Authority.
(3) It is immaterial for the purposes of this Part that a development
20
is undertaken in the performance of a function vested in a
person by a written law.
48. Applications for approval
(1) An application for approval under section 47 is to be made to
the Authority in the prescribed form with the prescribed fee.
25
(2) An application is to be accompanied by plans and specifications
of the proposed development, and an applicant is also to provide
page 31
Midland Redevelopment Bill 1999
Part 5 Development control
s. 49
any information or documents relating to the proposed
development that the Authority may reasonably require.
49. Consultation with other authorities
(1) The Authority is to refer, by notice in writing, particulars of the
proposed development --
5
(a) to each public authority that appears to it to have
functions that are relevant to, or whose operations are
likely to be affected by, the proposed development; and
(b) to the Shire of Swan.
(2) The Shire of Swan and a public authority to which particulars
10
are referred under subsection (1) may make submissions on the
proposed development to the Authority.
(3) The Authority is not to make a decision under section 50 on the
proposed development until --
(a) the expiration of 30 days after all notices have been
15
given as required by subsection (1); or
(b) final submissions have been made to it by all authorities
to which particulars were referred under that subsection,
whichever is the sooner.
50. Authority's decision
20
(1) The Authority may grant or refuse to grant approval of the
proposed development having regard to --
(a) the redevelopment scheme;
(b) consultations under section 49;
(c) the requirements of orderly and proper planning; and
25
(d) the preservation of the amenities of the area.
page 32
Midland Redevelopment Bill 1999
Development control Part 5
s. 51
(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.
(4) An approval under this section is in addition to, and does not
5
derogate from, the requirements of any other written law.
(5) The Authority is to cause notice in writing of its decision to be
given to the applicant, the Shire of Swan and each public
authority to which notice was given under section 49(1)(a).
51. Referral of certain applications to Minister
10
(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 20(8), the
Authority is to consider the application in accordance with
section 50(1) and refer the application and all relevant
15
information to the Minister with a recommendation as to the
decision to be made.
(2) If an application is referred to the Minister under
subsection (1) --
(a) the Minister is to perform the functions of the Authority
20
under section 50; and
(b) for the purpose of that section and sections 47 and 52,
references to the Authority are to be read as references
to the Minister.
52. Appeal
25
(1) An applicant may appeal, in accordance with Part V of the
Town Planning Act, from a decision of the Authority under
section 50 in respect of the applicant's application.
page 33
Midland Redevelopment Bill 1999
Part 5 Development control
s. 53
(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.
53. Liability of officers for offence committed by body
corporate
5
(1) If a body corporate is guilty of an offence against section 47 and
it is proved that --
(a) the offence was committed with the consent or
connivance of an officer of the body corporate; or
(b) an officer of the body corporate failed to exercise all the
10
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
circumstances,
the officer commits the offence.
15
(2) In subsection (1) --
"officer", in relation to a body corporate, means --
(a) a director, secretary or executive officer of the body
corporate;
(b) a receiver, or receiver and manager, of property of
20
the body corporate, or any other authorized person
who enters into possession or assumes control of
property of the body corporate for the purpose of
enforcing any charge;
(c) an official manager or a deputy official manager of
25
the body corporate;
(d) a liquidator of the body corporate; and
page 34
Midland Redevelopment Bill 1999
Development control Part 5
s. 54
(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
5
concerned, or takes part, in the management of the body
corporate.
54. Power to direct cessation or removal of unlawful
development
(1) The Authority may --
10
(a) by notice in writing served on a person who is
undertaking any development in contravention of
section 47, direct the person to stop doing so
immediately; or
(b) by notice in writing served on a person who has
15
undertaken any development in contravention of that
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
20
section,
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, within the period specified in the
notice, appeal to the Minister against the direction, and on the
25
appeal the Minister may confirm, vary or cancel the direction.
(3) A notice containing a direction under subsection (1)(b) is
suspended as to that direction pending the determination of the
appeal.
page 35
Midland Redevelopment Bill 1999
Part 5 Development control
s. 55
(4) If the Minister confirms or varies the direction under
subsection (2), the Minister may, by notice in writing served on
the person, direct the person to comply with 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
(5) A person must comply with a notice given to the person under
this section.
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
10
down, take up or alter the development and may recover from
the person in any court of competent jurisdiction the costs
incurred by it in so doing.
55. Powers of Minister to ensure that environmental conditions
are met
15
(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;
"environmental condition" means a condition agreed under
20
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
one or more of the powers set out in subsection (3) in relation to
25
a development implementing an assessed scheme.
page 36
Midland Redevelopment Bill 1999
Development control Part 5
s. 55
(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
doing so for such period, beginning immediately and
lasting not more than 24 hours, as is specified in the
5
order;
(b) cause the Authority to serve a notice on the person who
is undertaking the development directing the person to
take such steps as are specified in the notice, within such
period as is so specified, for the purpose of --
10
(i) complying with; or
(ii) preventing any non-compliance with,
the environmental condition to which the Minister for
the Environment's advice relates; or
(c) advise the Authority to cause such steps to be taken as
15
are necessary for the purpose of --
(i) complying with; or
(ii) preventing any non-compliance with,
the environmental condition to which the Minister for
the Environment's advice relates.
20
(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.
(5) Nothing in this section prevents or otherwise affects the
application of Part V of the EP Act to --
25
(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).
page 37
Midland Redevelopment Bill 1999
Part 5 Development control
s. 56
56. 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
5
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
10
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 --
15
(a) the land were reserved for a public purpose under the
Metropolitan Region Scheme;
(b) references in that Part to the Commission and the
Scheme were references to the Authority and to the
redevelopment scheme respectively; and
20
(c) in section 36(1)(b) of that Act, "amended" were
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
25
substantially the same, injurious affection under that Act as in
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
30
appointed day as if it had been made under this section.
page 38
Midland Redevelopment Bill 1999
Financial provisions Part 6
s. 57
Part 6 -- Financial provisions
57. Funds of Authority
(1) The funds available for the purpose of enabling the Authority to
perform its functions consist of --
(a) moneys from time to time appropriated by Parliament;
5
(b) moneys received by the Authority from performing any
of its functions;
(c) moneys borrowed by the Authority under section 59
or 60;
(d) the proceeds of disposals of land by the Authority;
10
(e) rents derived from land leased by the Authority;
(f) income derived from the investment under section 58 of
moneys standing to the credit of the Account; and
(g) any moneys otherwise lawfully received by, made
available to or payable to the Authority.
15
(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
"Midland Redevelopment Authority Account".
(3) There are to be charged against the moneys from time to time in
the Account --
20
(a) interest on, fees payable in respect of and repayments of
moneys borrowed by or advanced to the Authority under
section 59 or 60;
(b) the remuneration and travelling and other allowances
payable to members and to the chief executive officer;
25
and
(c) all other expenditure lawfully incurred by the Authority
in the performance of its functions.
page 39
Midland Redevelopment Bill 1999
Part 6 Financial provisions
s. 58
58. Investment
(1) Moneys standing to the credit of the Account may, until
required for the purposes of this Act, be temporarily invested as
the Treasurer directs in any securities in which moneys standing
to the credit of the Public Bank Account, as constituted under
5
the Financial Administration and Audit Act 1985, may lawfully
be invested.
(2) Income derived from any such investment is to be credited to
the Account.
59. Borrowing by Authority from Treasurer
10
(1) The Authority may borrow from the Treasurer the amounts that
the Treasurer approves on the conditions relating to repayment
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
15
Authority of all obligations arising from any advance made
under this section.
60. Borrowing by Authority generally
(1) This section is in addition to, and not in derogation from, the
provisions of section 59.
20
(2) The Authority may --
(a) with the prior approval of the Treasurer in writing and
on the terms and conditions that the Treasurer approves,
borrow moneys for the purpose of performing its
functions; and
25
(b) borrow moneys under this subsection on the guarantee
of the Treasurer given under section 61.
page 40
Midland Redevelopment Bill 1999
Financial provisions Part 6
s. 61
(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 is not in any one financial year to exceed in the
aggregate the amount that the Treasurer approves.
5
61. 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
any moneys payable by the Authority in respect of moneys
10
borrowed by it under section 60.
(2) The due payment of moneys payable by the Treasurer under a
guarantee given under subsection (1) --
(a) is guaranteed by the State; and
(b) is to be made by the Treasurer and charged to the
15
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
made by the Treasurer under a guarantee given under
20
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 is to cause any amounts received or recovered
from the Authority or otherwise in respect of any payment made
25
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 is to give to the Treasurer the
page 41
Midland Redevelopment Bill 1999
Part 6 Financial provisions
s. 62
security that the Treasurer requires and is to execute all
instruments that are necessary for the purpose.
(6) If a guarantee is given by the Treasurer under subsection (1), the
Treasurer is to cause the text of the guarantee to be published in
the Gazette within 28 days and laid before each House within
5
14 sitting days of being published.
62. 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
10
section 61.
(2) Payment of any charges fixed under subsection (1) is to be made
at such time or times as the Treasurer determines.
63. Application of Financial Administration and Audit Act 1985
The provisions of the Financial Administration and Audit
15
Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of the
Authority and its operations.
64. Surplus
Any surplus in the Account at the end of any financial year that
20
is not reasonably required by the Authority for the purposes of
this Act is to be paid by the Authority, in whole or in part as the
Treasurer directs, to the credit of the Consolidated Fund.
page 42
Midland Redevelopment Bill 1999
General Part 7
s. 65
Part 7 -- General
65. 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 --
5
(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.
10
66. Execution of documents by Authority
(1) A document is duly executed by the Authority, if --
(a) the common seal of the Authority is affixed to it in
accordance with subsections (2), (3) and (4); or
(b) it is signed on behalf of the Authority by persons
15
authorized by the Authority to do so.
(2) The common seal of the Authority is not to be affixed to any
document except as authorized by the Authority.
(3) Subject to subsection (4), the common seal of the Authority is to
be affixed to a document in the presence of those persons, and
20
that number of persons, determined by the Authority, and each
of them is to sign the document to attest that the common seal
was so affixed.
(4) At least one of the persons referred to in subsection (3) is to be a
member of the Authority.
25
(5) A person authorized under subsection (1)(b), or determined
under subsection (3), is to be a member or the chief executive
officer of the Authority.
page 43
Midland Redevelopment Bill 1999
Part 7 General
s. 67
(6) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
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
5
seal is the common seal of the Authority until the contrary is
shown.
(8) All courts and persons acting judicially are to take notice of the
common seal of the Authority.
67. Regulations
10
(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
purposes of this Act.
(2) Without limiting subsection (1), regulations may provide for --
15
(a) the procedure to be followed in applications for approval
under Part 5; and
(b) the imposition and payment of fees and charges in
connection with those applications.
68. Review of Act
20
(1) The Minister is to 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 is to consider and have regard to --
(a) the effectiveness of the operations of the Authority;
25
(b) the need for the continuation of the functions of the
Authority and for the continuation of this Act; and
page 44
Midland Redevelopment Bill 1999
General Part 7
s. 69
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review made
under subsection (1) and, as soon as is practicable after the
report is prepared, cause it to be laid before each House of
5
Parliament.
69. Duration of Act
(1) This Act, subject to this section, continues in operation until
31 December 2014 and no longer.
(2) On the expiry of this Act under subsection (1) --
10
(a) all real and personal property and every right or interest
that immediately before that expiry was vested in the
Authority is without any transfer or assignment to pass
to and become vested in the Minister;
(b) all rights, liabilities and obligations of the Authority that
15
were in existence immediately before that expiry
devolve on the Minister;
(c) all contracts, agreements and undertakings made by and
with the Authority and having effect immediately before
that expiry have effect as contracts, agreements and
20
undertakings made by and with the Minister and may be
enforced by or against the Minister accordingly;
(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
25
may be commenced or continued, or be available, by or
against or to the Minister, as the case requires,
for the purpose of the winding up of the affairs of the Authority
and the Minister is as soon as practicable after that expiry to
wind up the affairs of the Authority.
30
page 45
Midland Redevelopment Bill 1999
Part 7 General
s. 69
(3) For the purposes of this section a reference to the Authority
in --
(a) a written law; or
(b) a document in existence,
immediately before the expiry of this Act under subsection (1)
5
is after that expiry to be construed as a reference to the Minister.
(4) Nothing in this section affects or limits any guarantee --
(a) given by the Treasurer under section 61 in respect of any
money borrowed by the Authority under this Act; and
(b) in force immediately before the expiry of this Act under
10
subsection (1),
and section 61 is to continue to apply to that guarantee while
that guarantee remains in force as if this section had not come
into operation.
page 46
Midland Redevelopment Bill 1999
Amendment of various Acts Part 8
s. 70
Part 8 -- Amendment of various Acts
70. Amendment of Constitution Acts Amendment Act 1899
Schedule V, Part 3 of the Constitution Acts Amendment
Act 1899* is amended by inserting after the item relating to The
Metropolitan (Perth) Passenger Transport Trust the following
5
item --
"
The Midland Redevelopment Authority established by the
Midland Redevelopment Act 1999.
".
10
[* Reprinted as at 22 January 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p 53.]
71. Amendment of Environmental Protection Act 1986
(1) This section amends the Environmental Protection Act 1986*.
15
(2) Section 3(1) is amended as follows:
(a) in the definition of "final approval", after paragraph (a)
the following paragraph is inserted --
"
(aa) prepared under the Midland Redevelopment
20
Act 1999, means approval under section 35
of that Act, or under section 37 of that Act as
read with that section;
";
page 47
Midland Redevelopment Bill 1999
Part 8 Amendment of various Acts
s. 71
(b) in the definition of "period of public review", after
paragraph (a) the following paragraph is inserted --
"
(aa) prepared under the Midland Redevelopment
Act 1999, means period referred to in
5
section 34(1)(a) of that Act, or in section 37
of that Act as read with that section;
";
(c) in the definition of "responsible authority", after
subparagraph (a)(i) the following subparagraph is
10
inserted --
"
(ia) prepared under the Midland
Redevelopment Act 1999, means
Midland Redevelopment Authority
15
established by that Act;
";
(d) in the definition of "scheme", after paragraph (a) the
following paragraph is inserted --
"
20
(aa) redevelopment scheme within the meaning
of the Midland Redevelopment Act 1999, or
amendment to such a redevelopment
scheme;
";
25
(e) the definition of "scheme Act" is amended by inserting
after "1959," --
" Midland Redevelopment Act 1999, ".
page 48
Midland Redevelopment Bill 1999
Amendment of various Acts Part 8
s. 72
(3) Section 48C(7) is amended, in the definition of "public review",
after paragraph (a) by inserting the following paragraph --
"
(aa) prepared under the Midland Redevelopment
Act 1999, means procedure referred to in
5
sections 33 and 34 of that Act, or in
section 37 of that Act as read with those
sections;
".
[* Reprinted as at 7 March 1996.
10
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 83.]
72. Amendment of Financial Administration and Audit Act 1985
Schedule 1 of the Financial Administration and Audit Act 1985*
is amended by inserting, in the appropriate alphabetical
15
position, the following --
" ".
Midland Redevelopment Authority
[* Reprinted as at 10 January 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 91.]
20
73. Amendment of Government Employees Superannuation
Act 1987
Schedule 1 Part B of the Government Employees
Superannuation Act 1987* is amended by inserting, in the
appropriate alphabetical position, the following --
25
" ".
Midland Redevelopment Authority
[* Reprinted as at 22 January 1999.]
page 49
Midland Redevelopment Bill 1999
Part 8 Amendment of various Acts
s. 74
74. Amendment of Metropolitan Region Town Planning Scheme
Act 1959
(1) This section amends the Metropolitan Region Town Planning
Scheme Act 1959*.
(2) Section 32A(3) is amended as follows:
5
(a) after "1991" by deleting "or" and inserting a comma;
(b) after "1994" by inserting --
"
or section 45 of the Midland Redevelopment Act 1999
";
10
(c) by deleting "either of those Acts" in both places where it
occurs and inserting, in each case, the following --
" any of those Acts ".
(3) Section 38(4) is amended as follows:
(a) after "1991" by deleting "or" and inserting a comma;
15
(b) after "1994" by inserting --
"
or the Midland Redevelopment Act 1999
".
[* Reprinted as at 7 March 1996.
20
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 161.]
page 50
Midland Redevelopment Bill 1999
Amendment of various Acts Part 8
s. 75
75. Amendment of Public Sector Management Act 1994
Schedule 2 of the Public Sector Management Act 1994* is
amended after item 28A by inserting the following --
"
28B. Midland Redevelopment Authority established
5
under the Midland Redevelopment Act 1999
".
[* Reprinted as at 26 March 1999.]
76. Amendment of Statutory Corporations (Liability of Directors)
Act 1996
10
Schedule 1 of the Statutory Corporations (Liability of
Directors) Act 1996* is amended by inserting, in the appropriate
alphabetical position, the following item --
"
Midland a member of the Midland
Redevelopment Authority Redevelopment
Authority Act 1999
".
15
[* Act No. 41 of 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 240.]
page 51
Midland Redevelopment Bill 1999
Part 8 Amendment of various Acts
s. 77
77. Amendment of Swan River Trust Act 1988
Section 49(5) of the Swan River Trust Act 1988* is amended
after "that Act" by inserting --
"
or wholly in the redevelopment area within the
5
meaning in the Midland Redevelopment Act 1999 so
long as there is in operation in respect of that land a
redevelopment scheme under Part 4 of that Act
".
[* Act No. 23 of 1988.
10
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 247.]
78. Amendment of Town Planning and Development Act 1928
(1) The amendments in this section are to the Town Planning and
Development Act 1928*.
15
(2) Section 6(4) is amended as follows:
(a) after "1991" by deleting "or" and inserting a comma;
(b) after "1994" by inserting --
"
or in the Midland Redevelopment Act 1999
20
";
(c) by deleting "either of those Acts" and inserting --
" any of those Acts ".
(3) Section 31(2a) is amended as follows:
(a) after "1991" by deleting "or" and inserting a comma;
25
page 52
Midland Redevelopment Bill 1999
Amendment of various Acts Part 8
s. 78
(b) after "1994" by inserting the following --
"
or under Part 4 of the Midland Redevelopment
Act 1999
".
5
(4) Section 37 is amended in the definition of "appeal", by inserting
after paragraph (bb) the following --
"
(bc) an appeal under section 52 of the Midland
Redevelopment Act 1999;
10
".
[* Reprinted as at 19 March 1999.]
page 53
Midland Redevelopment Bill 1999
Schedule 1 Redevelopment area
Schedule 1 -- Redevelopment area
[s. 4]
All of the land in the area described as the redevelopment area on
Plan No. 1 held at the office of the Authority, that plan being certified
by the Minister as being the plan prepared for the purpose of defining
5
the redevelopment area.
For guidance, the redevelopment area is indicated in the following
representation of Plan No. 1 --
page 54
Midland Redevelopment Bill 1999
Schedule 2
Provisions as to constitution and proceedings of the Authority
Schedule 2 -- Provisions as to constitution and proceedings
of the Authority
[s. 9]
1. Term of office
(1) Except as otherwise provided by this Act, a member holds office for
5
the term, not exceeding 3 years, that is specified in the instrument of
his or her appointment, but may from time to time be reappointed.
(2) Unless --
(a) he or she sooner resigns;
(b) he or she is removed from office; or
10
(c) his or her office becomes vacant under clause 2(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.
2. Resignation, removal, etc.
15
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 undischarged bankrupt or a person whose property is
subject to an order or arrangement under the laws relating to
bankruptcy;
20
(c) is removed from office by the Governor on the grounds of
neglect of duty, misbehaviour, incompetence or mental or
physical incapacity impairing the performance of his or her
functions and proved to the satisfaction of the Governor; or
(d) in the case of a member appointed under section 7(1)(b),
25
ceases to be a member of the council or an employee of the
Shire of Swan, as the case may be.
page 55
Midland Redevelopment Bill 1999
Schedule 2 Provisions as to constitution and proceedings of the Authority
3. Temporary members
(1) If a member other than the chairperson is unable to act by reason of
sickness, absence or other cause, the Minister may appoint another
person to act temporarily in his or her place and, while so acting
according to the tenor of his or her appointment, that other person is
5
deemed to be a member of the Authority.
(2) If the member who is deputy chairperson is performing the functions
of the chairperson, the Minister may, under subclause (1), appoint
another person to act in his or her place as member.
(3) No act or omission of a person acting in place of another under this
10
clause is to be questioned on the ground that the occasion for his or
her appointment or acting had not arisen or had ceased.
(4) The appointment of a person as a temporary member may be
terminated at any time by the Minister.
4. Resignation, etc., of deputy chairperson
15
The office of deputy chairperson becomes vacant if --
(a) the person holding the office resigns the office by notice in
writing to the Minister;
(b) the person holding the office ceases to be a member of the
Authority; or
20
(c) the Minister declares the office to be vacant.
5. Function of deputy chairperson
(1) During any vacancy in the office of chairperson, or while he or she is
unable to act by reason of sickness, absence or other cause, the deputy
chairperson is to perform the functions of the chairperson.
25
(2) No act or omission of the deputy chairperson acting as the chairperson
is to be questioned on the ground that the occasion for his or her so
acting had not arisen or had ceased.
page 56
Midland Redevelopment Bill 1999
Schedule 2
Provisions as to constitution and proceedings of the Authority
6. Meetings
(1) The first meeting of the Authority 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.
(2) A special meeting of the Authority may at any time be convened by
5
the chairperson.
(3) The chairperson is to preside at all meetings of the Authority at which
he or she is present.
(4) If both the chairperson and the deputy chairperson are absent from a
meeting the members present are to appoint one of their number to
10
preside.
(5) A quorum for a meeting of the Authority is 3 members.
(6) At any meeting of the Authority the chairperson, deputy chairperson
or other person presiding is to have a deliberative vote and, in the case
of an equality of votes, is also to have a casting vote.
15
(7) The Authority is to cause accurate minutes to be kept of the
proceedings at its meetings.
7. Committees
(1) The Authority may from time to time appoint committees of those
members, or those members and other persons, that it thinks fit and
20
may discharge or alter any committee so appointed.
(2) Subject to the directions of the Authority and to the terms of any
delegation under section 27, each committee may determine its own
procedures.
8. Resolution may be passed without meeting
25
A resolution in writing signed or assented to by each member by
letter, telegram, telex, electronic mail or facsimile transmission is as
valid and effectual as if it had been passed at a meeting of the
Authority.
page 57
Midland Redevelopment Bill 1999
Schedule 2 Provisions as to constitution and proceedings of the Authority
9. Leave of absence
The Authority may grant leave of absence to a member on the terms
and conditions that the Authority thinks fit.
10. Authority to determine own procedures
Subject to this Act, the Authority is to determine its own procedures.
5
page 58
Midland Redevelopment Bill 1999
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)
5
a relevant qualification ................................................................................ 7(2)
Account ........................................................................................................... 3
acquire ............................................................................................................. 3
appointed day................................................................................................. 43
assessed scheme .........................................................................................55(1)
10
Authority.......................................................................................................... 3
business arrangement .................................................................................20(8)
chairperson....................................................................................................... 3
committee ........................................................................................................ 3
development..................................................................................................... 3
15
dispose of......................................................................................................... 3
document ...................................................................................................29(4)
eligible person............................................................................................27(2)
environmental condition .............................................................................55(1)
EPA ................................................................................................................. 3
20
EP Act ............................................................................................................. 3
information ................................................................................................29(4)
interest in land.................................................................................................. 3
land.................................................................................................................. 3
member............................................................................................................ 3
25
Metropolitan Region Scheme............................................................................ 3
Metropolitan Scheme Act ................................................................................. 3
Minister for the Environment............................................................................ 3
officer ........................................................................................................53(2)
participate ..................................................................................................20(8)
30
planning scheme.........................................................................................45(3)
public authority ................................................................................................ 3
PSM Act .......................................................................................................... 3
redevelopment area .......................................................................................... 3
redevelopment scheme ..................................................................................... 3
35
Registrar ....................................................................................................22(7)
street ..........................................................................................................25(3)
temporary member ........................................................................................... 3
Town Planning Act........................................................................................... 3
40
page 59
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