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This is a Bill, not an Act. For current law, see the Acts databases.


MIDLAND REDEVELOPMENT BILL 1999

                    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



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                                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


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                             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
 5            This Act comes into operation on a day fixed by proclamation.

     3.       Interpretation
              In this Act, unless the contrary intention appears --
              "Account" means the Midland Redevelopment Authority
                  Account referred to in section 57;
10            "acquire" includes take on lease;
              "Authority" means the Midland Redevelopment Authority;
              "chairperson" means the chairperson of the Authority;
              "committee" means a committee established under clause 7 of
                  Schedule 2;
15            "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 67 not to
                  constitute development;
              "dispose of" includes sell, lease, let, grant a licence and grant
20                any easement or right of way;
              "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
25                affecting land;
              "land" includes a legal or equitable estate or interest in land;


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                                               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
 5                  has in the Metropolitan Scheme Act;
                "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
10                  administration of the EP Act;
                "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,
15                  under the authority of any written law, administers or
                    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
20                  section 4(1);
                "redevelopment scheme" means a redevelopment scheme in
                    force under Part 4;
                "temporary member" means a person appointed under
                    clause 3(1) of Schedule 2;
25              "Town Planning Act" means the Town Planning and
                    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
 5                     the redevelopment area; or
                 (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.
10        (3)   When regulations made under subsection (2) that add an area to
                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
15              respect of the area that is added.
          (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.
20        (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
                evidence of those boundaries or that boundary.

     5.         Transitional provisions where area amended
25        (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
                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.
 5   (3)   If an area is subtracted from the redevelopment area under
           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
10         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
15                 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
20                         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
25                 amendment, but subject to any provision of the
                   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
 5               is established.
          (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.
10        (4)    The Authority is an agent of the Crown in right of the State and,
                 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
15               of whom --
                   (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
20                     employees of, the Shire of Swan.
          (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
25                    management, engineering, transport, housing and
                      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
 5               of the Authority.

     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
10               chairperson of the Authority.

     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
15               A member is to be paid out of the funds of the Authority the
                 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.

20   11.         Protection of members and officers
           (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
25               any function under this Act.
           (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
 5               present at the meeting, as soon as possible after the relevant
                 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
10                 (b) the member must not subsequently be present during
                          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
15               made --
                   (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
20                 (c) in the case of a member appointed under section 7(1)(b)
                         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
25                              meeting, of the council.
           (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
30                       result of the breach of that provision; and


     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
 5               office.

                                  Division 2 -- Staff
     13.         Chief executive officer
           (1)   There is to be appointed under the PSM Act a chief executive
                 officer of the Authority.
10         (2)   The chief executive officer is to administer the day to day
                 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
15               officer or employee --
                   (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.
20         (2)   The Authority may by arrangement with --
                  (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.
25         (3)   An arrangement under subsection (1) or (2) is to be made on
                 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
 5             perform its functions.

     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
10             and that Act, that Act is to prevail.




     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
 5               functions any immunity from the operation of any written law.

     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
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.

     19.         Functions
15               The functions of the Authority are --
                  (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.

     20.         Powers
25         (1)   The Authority may do all things that are necessary or
                 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
 5                    opinion of the Authority, exceeds $1 000 000 in value,
                      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) --
10                       (i) participate in any business arrangement; or
                        (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
15                    arrangement with a person, including a public authority
                      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
20             contract or arrangement under subsection (2)(d) exceeds
               $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
25             conjunction with any person or any department of the Public
               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
30             significance of the redevelopment area and its adjacent areas.


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                                                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
 5               redevelopment area or to the functions of the Authority.
           (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
10                       the Western Australian Planning Commission under that
                         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
15                       Western Australian 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.
20         (8)   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,
25                    manage, dissolve, wind up and do anything incidental to
                      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
30               attached to the approval.


                                                                          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
 5               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 is to include a summary of any approval referred
                 to in subsection (2).

10   22.         Conditional disposal of land
           (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 --
15                (a) is required to make specified improvements to land; or
                  (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
20               transferee in relation to the enforcement of any such condition
                 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
25               relevant land.
           (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
 5               relates, the Authority is to withdraw the memorial by notice in a
                 form approved by the Registrar, and the Registrar is to cancel
                 the memorial accordingly.
           (7)   In this section --
                 "Registrar" means Registrar of Titles.

10   23.         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
                 and the Public Works Act 1902, and, if necessary for any of
15               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
                 section --
20                 (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
                   (c) sections 187, 188, 189, 190, and 191 of the Land
25                       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.




                                                                          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
 5         (1)   The Governor may by order direct a public authority to transfer
                 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
10               land in the redevelopment area and if the Governor is satisfied
                 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.
15         (4)   A public authority is to comply with a direction given to it
                 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
20               the redevelopment area --
                   (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
25               closure or restriction is necessary for the performance of its
                 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
 5                    Government Act 1995.

     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"
10               in that section and in those regulations --
                   (a) includes the Authority; and
                   (b) does not include the Shire of Swan,
                 in relation to any such street.

     27.         Delegation
15         (1)   The Authority may by resolution, either generally or as
                 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) --
20               "eligible person" means --
                      (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
25                          assisting the Minister to whom the administration of
                            the Town Planning Act is committed in the
                            administration of that Act;



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     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).

 5   28.         Minister may give directions
           (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.
10         (2)   The text of any direction given under subsection (1) 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
                  (b) included in the annual report submitted by the
15                      accountable authority of the Authority under section 66
                        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
20         (1)   The Minister is entitled to have information in the possession of
                 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
25                             Minister;
                  (b)          request the Authority to give the Minister access to
                               information; and



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                                        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
 5         the Minister for the purposes of paragraph (c) of that subsection.
     (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
10              specified, by the Minister that relates to the functions of the
                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
 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 50(1).
           (3)   A copy of the redevelopment scheme for the time being in force
10               is to be kept in the offices of the Authority and is to be available
                 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
15               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
                              redevelopment scheme
20   32.         Proposed redevelopment scheme
           (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
25               redevelopment scheme in 2 or more stages, each one being



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                                            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,
 5                redevelopment scheme may be read as a reference to a
                  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
10         respect of that redevelopment scheme and it was prepared --
             (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
15           (b) having regard to the views of the Shire of Swan and the
                   Commission.
     (4)   The Minister may --
            (a) consent or refuse to consent to the public notification of
                 a proposed redevelopment scheme submitted under this
20               section; or
            (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
25         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 this
           section.
     (6)   The Authority is to comply with any direction of the Minister
30         under subsection (4) or (5).


                                                                      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
 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.

     33.         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 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 --
15                 (a) in the Gazette; and
                  (b) in 2 issues of a daily newspaper circulating in the Shire
                         of Swan,
                 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 34 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

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                                                  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
 5         (1)   Written submissions on the proposed redevelopment scheme
                 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
10                (b) by delivering or posting them so that they are received
                        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
15         (1)   After sections 41 and 42 have been complied with, the
                 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 --
20                (a) a summary of all submissions made under section 34;
                        and
                  (b) a report by the Authority on the merits of those
                        submissions.
           (3)   The Minister may --
25                (a) approve or refuse to approve the proposed
                       redevelopment scheme; or
                  (b) approve the scheme subject to modifications being made
                       to the scheme, as directed by the Minister.


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     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
 5               subsection (1), as the Minister may specify.
           (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 --
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.

     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
20               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
                 any later day that is specified in the scheme.
           (3)   The Authority may fix and charge a fee for supplying copies of
25               a redevelopment scheme.




     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.
 5         (2)    The Authority is to submit any proposed amendment to the
                  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
10                        those sections to a, or the, proposed redevelopment
                          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
15                               scheme were a reference to the proposed
                                 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
20                               give";
                   (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;
25                          (ii) in subsection 34(1)(a), to the Authority were a
                                 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
 5               A development in respect of which an approval under section 50
                 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
10                respect of redevelopment schemes, etc.
     39.         Reference of proposed redevelopment schemes, and
                 proposed amendments to redevelopment schemes, to
                 Environmental Protection Authority
                 When the Authority resolves to prepare a redevelopment
15               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
                   (b) such written information about the redevelopment
20                      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.

     40.         Prerequisite to submission of proposed redevelopment
                 schemes, and proposed amendments to redevelopment
25               schemes, to Minister for approval before public notification
           (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
 5         submit that redevelopment scheme or amendment to the
           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
10                 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
                   undertaken in accordance with those instructions,
                   whichever first occurs.
15   (2)   If the EPA has advised that the review has not been undertaken
           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
20           (b) request the Minister to consult the Minister for the
                   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
25         subsection (2), and the Minister for the Environment --
             (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
 5             EPA under Division 3 of Part IV 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
                       section 34(1)(a), or section 37 as read with
10                     section 34(1)(a), as the case requires, transmit to the
                       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
15                             raised by that redevelopment scheme or
                               amendment;
                       and
                 (b) within 42 days, or such longer period as the Minister
                       allows, after the expiry of the period referred to in
20                     section 34(1)(a), or section 37 as read with
                       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.

25   42.       Prerequisite to final approval by Minister of proposed
               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
30             amendment referred to the EPA under section 39 if he or she


     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
 5              scheme or amendment should not be assessed by the
                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
10              any, to which that redevelopment scheme or amendment
                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,
15      whichever first occurs, and he or she is satisfied that the
        conditions, if any, to which that redevelopment scheme or
        amendment is subject have been incorporated into that
        redevelopment scheme or amendment.




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     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
 5                    scheme comes into operation under section 36(2).

     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
10               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.
           (2)   Section 37 of the Interpretation Act 1984 applies in respect of
                 the repeal effected by subsection (1) as if the planning schemes
15               were enactments within the meaning of that section.
           (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
20                           immediately before the appointed day; and
                      (b) the Metropolitan Region Scheme.
           (4)   Subsection (2) has effect subject to any provision of the
                 redevelopment scheme relating to non-conforming uses.




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                                                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.
 5         (2)   A development referred to in subsection (1), or in respect of
                 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
10                       passed; and
                   (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
15               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.
           (2)   The requirements of subsection (1) extend to the Authority.
20         (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.

     48.         Applications for approval
           (1)   An application for approval under section 47 is to be made to
25               the Authority in the prescribed form with the prescribed fee.
           (2)   An application is to be accompanied by plans and specifications
                 of the proposed development, and an applicant is also to provide


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     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
 5               proposed development --
                   (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.
10         (2)   The Shire of Swan and a public authority to which particulars
                 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 --
15                 (a) the expiration of 30 days after all notices have been
                        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.

20   50.         Authority's decision
           (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;
25                 (c) the requirements of orderly and proper planning; and
                   (d) the preservation of the amenities of the area.



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                                                                                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.
 5         (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 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).

10   51.         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 20(8), the
                 Authority is to consider the application in accordance with
15               section 50(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
                 subsection (1) --
20                 (a) the Minister is to perform the functions of the Authority
                         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.

25   52.         Appeal
           (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.


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     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
 5               corporate
           (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
10                  (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
                          circumstances,
15               the officer commits the offence.
           (2)   In subsection (1) --
                 "officer", in relation to a body corporate, means --
                      (a) a director, secretary or executive officer of the body
                            corporate;
20                    (b) a receiver, or receiver and manager, of property of
                            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;
25                    (c) an official manager or a deputy official manager of
                            the body corporate;
                      (d) a liquidator of the body corporate; and




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                                                    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
 5                      whether or not a director of the body corporate, who is
                        concerned, or takes part, in the management of the body
                        corporate.

     54.         Power to direct cessation or removal of unlawful
                 development
10         (1)   The Authority may --
                  (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
15                (b)         by notice in writing served on a person who has
                              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
20                            development undertaken in contravention of that
                              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
25               notice, appeal to the Minister against the direction, and on the
                 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.



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     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
 5               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.
                 Penalty: $50 000, and a daily penalty of $5 000.
           (6)   If a person fails to comply with a notice given to the person
10               under subsection (1)(b), the Authority may itself remove, pull
                 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
15               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;
20               "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
25               one or more of the powers set out in subsection (3) in relation to
                 a development implementing an assessed scheme.




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                                        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
 5                 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
                   take such steps as are specified in the notice, within such
10                 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
                   the Environment's advice relates; or
15          (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,
                   the environmental condition to which the Minister for
20                 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.
     (5)   Nothing in this section prevents or otherwise affects the
25         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).



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     Midland Redevelopment Bill 1999
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     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 --
 5                 (a) the redevelopment scheme were a town planning
                         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
10                       substituted for "altered or revoked by an order of the
                         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
15               applies with all necessary changes as if --
                  (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
20                      redevelopment scheme respectively; and
                  (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
25               subsection (1) or (2) if payment has been made for the same, or
                 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
30               under this section, the claim may be continued after the
                 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 --
 5                 (a) moneys from time to time appropriated by Parliament;
                   (b) moneys received by the Authority from performing any
                        of its functions;
                   (c) moneys borrowed by the Authority under section 59
                        or 60;
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 58 of
                        moneys standing to the credit of the Account; and
                   (g) any moneys otherwise lawfully received by, made
15                      available to or 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
                 "Midland Redevelopment Authority Account".
           (3)   There are to be charged against the moneys from time to time in
20               the Account --
                   (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
25                      payable to members and to the chief executive officer;
                        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
 5               to the credit of the Public Bank Account, as constituted under
                 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.

10   59.         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
                 and payment of interest that the Treasurer imposes.
           (2)   By virtue of this subsection the Account and the assets of the
15               Authority are charged with the due performance by the
                 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
20               provisions of section 59.
           (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
25                     functions; and
                  (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
 5               aggregate the amount that the Treasurer approves.

     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
10               any moneys payable by the Authority in respect of moneys
                 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
15                (b) is to 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
20               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 is to cause any amounts received or recovered
25               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 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
 5               the Gazette within 28 days and laid before each House within
                 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
10               Consolidated Fund in respect of a guarantee given under
                 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
15               The provisions of the Financial Administration and Audit
                 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
20               Any surplus in the Account at the end of any financial year that
                 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
 5               scheme as if the reference in that section --
                   (a) to an approved scheme were a reference to that
                        redevelopment scheme;
                   (b) to the responsible authority were a reference to the
                        Authority; and
10                 (c) to an Act were a reference to a written law.

     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
15                (b) it is signed on behalf of the Authority by persons
                       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
20               be affixed to a document in the presence of those persons, and
                 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
25               member of the Authority.
           (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
 5               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.
           (8)   All courts and persons acting judicially are to take notice of the
                 common seal of the Authority.

10   67.         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
                 purposes of this Act.
15         (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
                         connection with those applications.

20   68.         Review of Act
           (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 --
25                 (a) the effectiveness of the operations of the Authority;
                   (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
 5               report is prepared, cause it to be laid before each House of
                 Parliament.

     69.         Duration of Act
           (1)   This Act, subject to this section, continues in operation until
                 31 December 2014 and no longer.
10         (2)   On the expiry of this Act under subsection (1) --
                  (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;
15                (b) all rights, liabilities and obligations of the Authority that
                        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
20                      that expiry have effect as contracts, agreements and
                        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
25                      continued or available by or against or to the Authority
                        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
30               wind up the affairs of the Authority.

                                                                           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,
 5             immediately before the expiry of this Act under subsection (1)
               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
10              (b) in force immediately before the expiry of this Act under
                      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
 5               Metropolitan (Perth) Passenger Transport Trust the following
                 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
15         (1)   This section amends the Environmental Protection Act 1986*.
           (2)   Section 3(1) is amended as follows:
                  (a) in the definition of "final approval", after paragraph (a)
                        the following paragraph is inserted --
                        "
20                          (aa)   prepared under the Midland Redevelopment
                                   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
 5                               Act 1999, means period referred to in
                                 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
10                   subparagraph (a)(i) the following subparagraph is
                     inserted --
                           "
                                (ia)   prepared under the Midland
                                       Redevelopment Act 1999, means
15                                     Midland Redevelopment Authority
                                       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
 5                                 Act 1999, means procedure referred to in
                                   sections 33 and 34 of that Act, or in
                                   section 37 of that Act as read with those
                                   sections;
                                                                               ".
10               [* Reprinted as at 7 March 1996.
                    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*
15               is amended by inserting, in the appropriate alphabetical
                 position, the following --
                 "   Midland Redevelopment Authority    ".
                 [* Reprinted as at 10 January 1997.
                    For subsequent amendments see 1998 Index to Legislation of
20                  Western Australia, Table 1, p. 91.]

     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
25               appropriate alphabetical position, the following --
                 "   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*.
 5         (2)   Section 32A(3) is amended as follows:
                     (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:
15                (a) after "1991" by deleting "or" and inserting a comma;
                  (b) after "1994" by inserting --
                 "
                           or the Midland Redevelopment Act 1999
                                                                                    ".
20               [* Reprinted as at 7 March 1996.
                    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 --
           "
 5                28B.     Midland Redevelopment Authority established
                  under the Midland Redevelopment Act 1999
                                                                            ".
           [* Reprinted as at 26 March 1999.]

     76.   Amendment of Statutory Corporations (Liability of Directors)
10         Act 1996
           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 --
                 "
 5                         or wholly in the redevelopment area within the
                           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
                                                                                     ".
10               [* Act No. 23 of 1988.
                    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
15               Development Act 1928*.
           (2)   Section 6(4) is amended as follows:
                     (a)    after "1991" by deleting "or" and inserting a comma;
                     (b)    after "1994" by inserting --
                 "
20                         or in the Midland Redevelopment Act 1999
                                                                                     ";
                     (c)    by deleting "either of those Acts" and inserting --
                            " any of those Acts ".
           (3)   Section 31(2a) is amended as follows:
25                (a) after "1991" by deleting "or" and inserting a comma;




     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
10                               Redevelopment Act 1999;
                                                                                ".
           [* 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
5             by the Minister as being the plan prepared for the purpose of defining
              the redevelopment area.
              For guidance, the redevelopment area is indicated in the following
              representation of Plan No. 1 --




    page 54
                                                    Midland Redevelopment Bill 1999


      Provisions as to constitution and proceedings of the Authority        Schedule 2




     Schedule 2 -- Provisions as to constitution and proceedings
                          of the Authority
                                                                                   [s. 9]

     1.         Term of office
 5        (1)   Except as otherwise provided by this Act, a member holds office for
                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;
10                (b)   he or she is removed from office; or
                  (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.

15   2.         Resignation, removal, etc.
                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
20                      bankruptcy;
                  (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
25                (d)   in the case of a member appointed under section 7(1)(b),
                        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
 5              according to the tenor of his or her appointment, that other person is
                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.
10        (3)   No act or omission of a person acting in place of another under this
                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.

15   4.         Resignation, etc., of deputy chairperson
                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
20                      Authority; or
                  (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
25              chairperson is to perform the functions of the chairperson.
          (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


      Provisions as to constitution and proceedings of the Authority         Schedule 2



     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.
 5        (2)   A special meeting of the Authority may at any time be convened by
                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
10              meeting the members present are to appoint one of their number to
                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
15              of an equality of votes, is also to have a casting vote.
          (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
20              members, or those members and other persons, that it thinks fit and
                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.

25   8.         Resolution may be passed without meeting
                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
5             Subject to this Act, the Authority is to determine its own procedures.




    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.]
 5   Defined Term                                                                                      Provision(s)
     a relevant qualification ................................................................................ 7(2)
     Account ........................................................................................................... 3
     acquire ............................................................................................................. 3
     appointed day................................................................................................. 43
10   assessed scheme .........................................................................................55(1)
     Authority.......................................................................................................... 3
     business arrangement .................................................................................20(8)
     chairperson....................................................................................................... 3
     committee ........................................................................................................ 3
15   development..................................................................................................... 3
     dispose of......................................................................................................... 3
     document ...................................................................................................29(4)
     eligible person............................................................................................27(2)
     environmental condition .............................................................................55(1)
20   EPA ................................................................................................................. 3
     EP Act ............................................................................................................. 3
     information ................................................................................................29(4)
     interest in land.................................................................................................. 3
     land.................................................................................................................. 3
25   member............................................................................................................ 3
     Metropolitan Region Scheme............................................................................ 3
     Metropolitan Scheme Act ................................................................................. 3
     Minister for the Environment............................................................................ 3
     officer ........................................................................................................53(2)
30   participate ..................................................................................................20(8)
     planning scheme.........................................................................................45(3)
     public authority ................................................................................................ 3
     PSM Act .......................................................................................................... 3
     redevelopment area .......................................................................................... 3
35   redevelopment scheme ..................................................................................... 3
     Registrar ....................................................................................................22(7)
     street ..........................................................................................................25(3)
     temporary member ........................................................................................... 3
     Town Planning Act........................................................................................... 3
40



                                                                                                              page 59

 


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