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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Rottnest Island Authority Amendment Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 4 replaced 3
4. Rottnest Island Reserve 3
6. Section 4A inserted 5
4A. Plans and diagrams 5
7. Section 6 amended 5
8. Section 8 amended 5
9. Section 14 amended 5
10. Section 15 amended 5
11. Section 18 repealed 6
12. Section 19 amended 6
13. Section 20 amended 6
14. Sections 20A and 20B inserted 6
20A. Consultation with Conservation
Commission 6
20B. Consultation with Marine Parks and
Reserves Authority 8
15. Section 22 amended 9
16. Section 23 amended 9
17. Section 30 amended 9
18. Section 31 amended 9
19. Section 32 amended 10
20. Heading to Part VI replaced 10
Part VI -- Accountability and financial provisions
21. Part VI Division 1 and heading to Part VI
Division 2 inserted 10
Division 1 -- Accountability
32A. Duty to observe policy instruments 10
201--1 page i
Rottnest Island Authority Amendment Bill 2007
Contents
32B. Strategic development plan and statement
of corporate intent 10
Division 2 -- Financial provisions
22. Section 48 amended 11
23. Schedule 1 amended 12
7A. Holding meetings remotely 12
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Rottnest Island Authority Amendment Bill 2007
A Bill for
An Act to amend the Rottnest Island Authority Act 1987.
The Parliament of Western Australia enacts as follows:
page 1
Rottnest Island Authority Amendment Bill 2007
s. 1
1. Short title
This is the Rottnest Island Authority Amendment Act 2007.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) any provision other than sections 1 and 2 -- on a day
fixed by proclamation (different days may be fixed for
different provisions).
10 3. The Act amended
The amendments in this Act are to the Rottnest Island Authority
Act 1987*.
[* Reprinted as at 4 January 2000.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2006, Table 1, and Act
No. 77 of 2006.]
4. Section 3 amended
Section 3 is amended by inserting in the appropriate
alphabetical positions --
20 "
"Rottnest Island Wadjemup Conservation Reserve"
has the meaning given to that term in section 4(3);
"settlement area" has the meaning given to that term
in section 4(3);
25 ".
page 2
Rottnest Island Authority Amendment Bill 2007
s. 5
5. Section 4 replaced
Section 4 is repealed and the following section is inserted
instead --
"
5 4. Rottnest Island Reserve
(1) The Rottnest Island Reserve is class A Reserve
No. 16713 reserved under the Land Administration
Act 1997 for the purposes of this Act.
(2) The Rottnest Island Reserve consists of --
10 (a) the settlement area; and
(b) the Rottnest Island Wadjemup Conservation
Reserve; and
(c) the remaining part of the class A Reserve
referred to in subsection (1) (the "marine
15 reserve").
(3) In subsection (2) --
"Rottnest Island Wadjemup Conservation Reserve"
means --
(a) that reserve --
20 (i) as shown on Deposited Plan 52582;
or
(ii) on a diagram or plan notified under
subsection (4)(a); or
(b) a part of the Island declared under
25 subsection (4)(b) to be the Rottnest Island
Wadjemup Conservation Reserve;
"settlement area" means --
(a) the part of the Island lying on the northern
side of a line drawn generally from Geordie
30 Bay to Kingstown Barracks and south, as
shown --
(i) on Deposited Plan 52582; or
page 3
Rottnest Island Authority Amendment Bill 2007
s. 5
(ii) on a diagram or plan notified under
subsection (4)(a);
or
(b) a part of the Island declared under
5 subsection (4)(b) to be the settlement area.
(4) The Minister may by notice published in the Gazette --
(a) give notice of a diagram or plan to have effect,
in substitution for Deposited Plan 52582 as
referred to in paragraph (a) of the definitions of
10 "Rottnest Island Wadjemup Conservation
Reserve" and "settlement area", respectively, in
subsection (3); or
(b) declare --
(i) a part of the Island to be the Rottnest
15 Island Wadjemup Conservation Reserve
in substitution for the part referred to in
paragraph (a) of the definition of
"Rottnest Island Wadjemup
Conservation Reserve" in
20 subsection (3); and
(ii) a part of the Island to be the settlement
area in substitution for the part referred
to in paragraph (a) of the definition of
"settlement area" in subsection (3).
25 (5) A declaration made under subsection (4)(b) shall be
made by reference to a diagram or plan held by the
Western Australian Land Information Authority
established under the Land Information Authority
Act 2006 section 5.
30 ".
page 4
Rottnest Island Authority Amendment Bill 2007
s. 6
6. Section 4A inserted
After section 4 the following section is inserted in Part I --
"
4A. Plans and diagrams
5 The land plans and diagrams referred to in this Act are
held by the Western Australian Land Information
Authority established under the Land Information
Authority Act 2006 section 5.
".
10 7. Section 6 amended
(1) Section 6(1)(b) is deleted and the following paragraph is
inserted instead --
"
(b) 6 other members appointed by the Governor on
15 the recommendation of the Minister.
".
(2) Section 6(2) is repealed.
8. Section 8 amended
Section 8 is amended by deleting "Public Service Board." and
20 inserting instead --
" Minister for Public Sector Management. ".
9. Section 14 amended
Section 14(3) and (4) are repealed.
10. Section 15 amended
25 Section 15(1) is amended by deleting ", without limiting
section 18(3),".
page 5
Rottnest Island Authority Amendment Bill 2007
s. 11
11. Section 18 repealed
Section 18 is repealed.
12. Section 19 amended
Section 19(1) and (2) are repealed and the following subsection
5 is inserted instead --
"
(1) The Authority shall --
(a) review the management plan referred to in
section 17(1) not later than 5 years after the
10 Minister has under section 23 approved that
plan or amendments to it or its continuation in
operation without amendment; and
(b) if it considers that circumstances so require,
prepare amendments to that plan or a revised
15 management plan for the Island.
".
13. Section 20 amended
After section 20(1) the following subsection is inserted --
"
20 (1a) A management plan shall include a statement as to how
it is proposed to fund the proposed policies and
operations.
".
14. Sections 20A and 20B inserted
25 After section 20 the following sections are inserted --
"
20A. Consultation with Conservation Commission
(1) In this section --
"Conservation Commission" means the Conservation
30 Commission of Western Australia established by
page 6
Rottnest Island Authority Amendment Bill 2007
s. 14
the Conservation and Land Management Act 1984
section 18.
(2) In performing its functions under section 19, the
Authority shall seek agreement with the Conservation
5 Commission in relation to conservation management
issues within the Rottnest Island Wadjemup
Conservation Reserve.
(3) If the Authority and the Conservation Commission are
unable to reach agreement as to how to deal with an
10 issue referred to in subsection (2), the Authority shall
refer the issue in dispute to the Minister.
(4) If an issue is referred to the Minister under
subsection (3), the Minister shall, after consulting with,
and receiving recommendations from, the Minister
15 administering the Conservation and Land Management
Act 1984, decide how the issue is to be dealt with.
(5) The Authority shall refer a proposed management plan
or proposed amendments, or a proposal to continue the
existing management plan in force without amendment,
20 to the Conservation Commission.
(6) If the Conservation Commission considers that the
Authority should vary a proposal referred to it under
subsection (5) in relation to a conservation
management issue within the Rottnest Island
25 Wadjemup Conservation Reserve, the Commission
may within 60 days after receipt of the proposal,
submit a request to the Authority to make the variation.
(7) A request under subsection (6) shall be made in a form
approved by the Authority.
page 7
Rottnest Island Authority Amendment Bill 2007
s. 14
20B. Consultation with Marine Parks and Reserves
Authority
(1) In this section --
"Marine Parks and Reserves Authority" means the
5 Marine Parks and Reserves Authority established
by the Conservation and Land Management
Act 1984 section 26A;
"marine reserve" means that part of the Island
referred to in section 4(2)(c).
10 (2) In performing its functions under section 19, the
Authority shall seek agreement with the Marine Parks
and Reserves Authority in relation to conservation
management issues within the marine reserve.
(3) If the Authority and the Marine Parks and Reserves
15 Authority are unable to reach agreement as to how to
deal with an issue referred to in subsection (2), the
Authority shall refer the issue in dispute to the
Minister.
(4) If an issue is referred to the Minister under
20 subsection (3), the Minister shall, after consulting with,
and receiving recommendations from, the Minister
administering the Conservation and Land Management
Act 1984, decide how the issue is to be dealt with.
(5) The Authority shall refer a proposed management plan
25 or proposed amendments, or a proposal to continue the
existing management plan in force without amendment,
to the Marine Parks and Reserves Authority.
(6) If the Marine Parks and Reserves Authority considers
that the Authority should vary a proposal referred to it
30 under subsection (5) in relation to a conservation
management issue within the marine reserve, the
Marine Parks and Reserves Authority may within
page 8
Rottnest Island Authority Amendment Bill 2007
s. 15
60 days after receipt of the proposal, submit a request
to the Authority to make the variation.
(7) A request under subsection (6) shall be made in a form
approved by the Authority.
5 ".
15. Section 22 amended
Section 22 is amended as follows:
(a) by deleting "Written submissions" and inserting
instead --
10 " Submissions ";
(b) by inserting after "may be made" --
" in a form approved by the Authority ".
16. Section 23 amended
(1) Section 23(1)(a) is amended by inserting after "under
15 section" --
" 20A, 20B or ".
(2) Section 23(2) is amended by inserting after "under section" --
" 20A, 20B or ".
17. Section 30 amended
20 Section 30(2) is amended by deleting "$1 000." and inserting
instead --
" a fine of $10 000. ".
18. Section 31 amended
Section 31(4) is amended by deleting "$500." and inserting
25 instead --
" a fine of $1 000. ".
page 9
Rottnest Island Authority Amendment Bill 2007
s. 19
19. Section 32 amended
Section 32 is amended by deleting "$1 000." and inserting
instead --
" a fine of $10 000. ".
5 20. Heading to Part VI replaced
The heading to Part VI is deleted and the following Part heading
is inserted instead --
"
Part VI -- Accountability and financial
10 provisions
".
21. Part VI Division 1 and heading to Part VI Division 2
inserted
After the heading to Part VI the following is inserted --
15 "
Division 1 -- Accountability
32A. Duty to observe policy instruments
The Authority shall perform its functions in accordance
with its strategic development plan and its statement of
20 corporate intent as existing from time to time.
32B. Strategic development plan and statement of
corporate intent
(1) The Authority shall, at the prescribed times, prepare
and submit to the Minister --
25 (a) a draft strategic development plan for the
Authority; and
(b) a statement of corporate intent for the
Authority.
page 10
Rottnest Island Authority Amendment Bill 2007
s. 22
(2) The regulations may make provision for the
following --
(a) the manner and form in which the Authority is
to prepare, submit, revise or modify a strategic
5 development plan or statement of corporate
intent;
(b) the period a strategic development plan or
statement of corporate intent is to cover;
(c) the matters to be set out in a strategic
10 development plan or statement of corporate
intent;
(d) the functions of the Authority, the Minister and
the Treasurer in relation to the development,
approval or modification of a strategic
15 development plan or statement of corporate
intent;
(e) the operation of a strategic development plan or
statement of corporate intent.
(3) Regulations referred to in subsection (2) are not to be
20 made except with the Treasurer's concurrence.
Division 2 -- Financial provisions
".
22. Section 48 amended
Section 48(2) is amended as follows:
25 (a) by inserting "and" after paragraph (a);
(b) in paragraph (c) by deleting "charges." and inserting
instead --
" charges; and ";
page 11
Rottnest Island Authority Amendment Bill 2007
s. 23
(c) after paragraph (c) by inserting --
"
(d) provide that a contravention of a regulation is
an offence and prescribe, for an offence against
5 the regulations, a penalty not exceeding a fine
of $10 000.
".
23. Schedule 1 amended
After Schedule 1 clause 7 the following clause is inserted --
10 "
7A. Holding meetings remotely
The presence of a member at a meeting of the Authority
need not be by attendance in person but may be by that
member and each other member at the meeting being
15 simultaneously in contact by telephone or other means of
instantaneous communication.
".
page 12
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