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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Western Australian Land Authority
Amendment Bill 1998
A Bill for
An Act to amend the Western Australian Land Authority Act 1992 and
for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Western Australian Land Authority
Amendment Act 1998.
page 1
30 -- 2
Western Australian Land Authority Amendment Bill 1998
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Western Australian Land
Authority Act 1992*.
[* Act No. 35 of 1992.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 251-2 and Act No. 31 of
10 1997.]
4. Long title replaced
The long title is repealed and the following long title is inserted
instead --
"
15 An Act to establish an agency to provide, or
promote the provision of, land, infrastructure,
facilities and services for the social and economic
needs of the State and to dispose of surplus
Government land assets.
20 ".
5. Section 3 amended
Section 3 is amended as follows:
(a) by deleting "and" after paragraph (b);
page 2
Western Australian Land Authority Amendment Bill 1998
s. 6
(b) by deleting paragraph (c) and inserting instead --
"
(c) the identification and development or
redevelopment of urban and regional centres of
5 population and the provision or improvement of
infrastructure and facilities for those centres;
and
(d) the establishment of a primary agency for the
development and disposal of surplus
10 Government land assets to maximize the
financial return to the State.
".
6. Section 4 amended
(1) Section 4 is amended by deleting the definition of "land" and
15 inserting instead --
"
"land" includes --
(a) land within the meaning of the Land
Administration Act 1997; and
20 (b) any legal or equitable estate or interest in
land;
".
(2) Section 4 is amended by inserting in the appropriate
alphabetical position --
25 "
"Treasurer" means the Treasurer of the State.
".
page 3
Western Australian Land Authority Amendment Bill 1998
s. 7
7. Section 6 amended and transitional
(1) Section 6(1) is repealed and the following subsections are
inserted instead --
"
5 (1) The Authority is to have a board of directors
comprising not less than 5 nor more than 7 persons
appointed in writing by the Minister.
(2) Of the persons appointed under subsection (1) four
shall be persons each of them having in the opinion of
10 the Minister, knowledge of and experience in any of
the fields of town planning, housing, industry,
commerce, finance, engineering and land development.
".
(2) The persons who were directors of the board immediately
15 before the commencement of this Act continue in office under
and subject to the Western Australian Land Authority Act 1992.
8. Section 16 amended
(1) Section 16(1) is repealed and the following subsections are
inserted instead --
20 "
(1) The functions of the Authority are --
(a) to be an agency through which the government
provides, or promotes the provision of, land for
the social and economic needs of the State;
25 (b) to be an agency through which the Crown and
public authorities may dispose of land;
page 4
Western Australian Land Authority Amendment Bill 1998
s. 8
(c) to be an agency through which local
governments and regional local governments
may dispose of land in accordance with the
Local Government Act 1995;
5 (d) to complete the development of the Joondalup
Centre, in accordance with the plan referred to
in section 18, on the land described in
Schedule 2;
(e) to identify other potential centres of population,
10 and centres of population in need of
redevelopment, and use its powers to bring
about the provision, or improvement, of
infrastructure and facilities for the same; and
(f) for the purposes of these functions to --
15 (i) acquire, hold, deal with and dispose of
land; and
(ii) plan, undertake, provide for, promote
and coordinate the development of land.
(1a) It is also a function of the Authority --
20 (a) to do things that the board determines to be
conducive or incidental to the performance of a
function referred to in subsection (1); and
(b) to do things that it is authorized to do by any
other written law.
25 ".
(2) Section 16(3) is repealed.
page 5
Western Australian Land Authority Amendment Bill 1998
s. 9
9. Section 16A inserted
After section 16 the following section is inserted --
"
16A. Duty to act in accordance with policy instrument
5 The Authority is to perform its functions in accordance
with its strategic development plan and its statement of
corporate intent as existing from time to time.
".
10. Section 17 amended
10 (1) Section 17(2) and (3) are repealed and the following subsections
are inserted instead --
"
(2) The Authority may for the purpose of performing a
function --
15 (a) acquire, hold, manage and dispose of land;
(b) subdivide, amalgamate, improve, develop, alter
and extract minerals from land;
(c) enter into any contract or arrangement with any
person, including a contract or arrangement for
20 the doing of anything that the Authority is
authorized to do under this Act --
(i) by that person;
(ii) by the Authority, for that person; or
(iii) by the Authority and that person on a
25 joint venture basis;
(d) apply for the grant of any licence or other
authority required by the Authority;
(e) charge fees for services provided to any person,
including a Crown agency; and
page 6
Western Australian Land Authority Amendment Bill 1998
s. 11
(f) carry out any investigation, survey, exploration
or feasibility study.
(3) Subsection (2) does not limit subsection (1) or other
powers of the Authority under this Act or any other
5 written law.
".
(2) Section 17(4) is amended by inserting after "vested in" --
" , or held in fee simple by, ".
(3) After section 17(4) the following subsection is inserted --
10 "
(5) In this section --
"person" includes a public authority, local government
or regional local government.
".
15 11. Section 17A inserted
After section 17 the following section is inserted --
"
17A. Transactions that require Ministerial approval
(1) Despite sections 16 and 17, the Authority must get the
20 Minister's approval before it enters into a transaction to
which this section applies.
(2) This section applies to a transaction to be entered into
by the Authority if the Authority's liability exceeds
$1 000 000 or the prescribed amount, whichever is the
25 greater.
(3) For the purposes of subsection (2) the Authority's
liability is the amount or value of the consideration or
the amount to be paid or received by the Authority
page 7
Western Australian Land Authority Amendment Bill 1998
s. 12
ascertained as at the time when the transaction is
entered into.
(4) The Minister must, within 14 days after an approval is
given under subsection (1), cause the text of the
5 approval to be laid before each House of Parliament or
dealt with in accordance with section 45A.
(5) In this section --
"transaction" --
(a) includes a contract or other arrangement
10 referred to in --
(i) section 17(2)(c); and
(ii) section 20; and
(b) does not include --
(i) a transaction under section 33, 34 or 35; or
15 (ii) an offer or agreement to enter into a
transaction if the offer or agreement is
conditional on the approval of the
Minister.
".
20 12. Section 19 replaced
Section 19 is repealed and the following section is inserted
instead --
"
19. Authority to act on commercial principles
25 (1) The Authority is to --
(a) perform its functions in a cost-efficient manner;
page 8
Western Australian Land Authority Amendment Bill 1998
s. 13
(b) endeavour to achieve or surpass the long term
financial targets specified in its strategic
development plan as existing from time to time;
and
5 (c) ensure that no individual project undertaken by
the Authority has an expected internal rate of
return that is less than the minimum rate of
return specified in its strategic development
plan as existing from time to time.
10 (2) If there is any conflict or inconsistency between --
(a) the duty imposed by subsection (1) and a
direction given by the Minister under
section 24; or
(b) the duty imposed by subsection (1) and the duty
15 imposed by section 16A,
the direction given under section 24, or the duty
imposed by section 16A, prevails.
".
13. Section 22 amended
20 Section 22(1)(a) is amended by inserting after "administer" --
" industrial, commercial or ".
page 9
Western Australian Land Authority Amendment Bill 1998
s. 14
14. Section 23 replaced
Section 23 is repealed and the following section is inserted
instead --
"
5 23. Delegation
(1) The Authority may, by instrument in writing, delegate
the performance of any of its functions, except this
power of delegation.
(2) A delegation under subsection (1) may be made to --
10 (a) a director or directors;
(b) the chief executive officer;
(c) a member of staff;
(d) a committee; or
(e) any other person.
15 (3) A delegate cannot subdelegate the performance of any
function unless the delegate is expressly authorized by
the instrument of delegation to do so.
(4) A function performed by a delegate is to be taken to be
performed by the Authority.
20 (5) A delegate performing a function under this section is
to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(6) Nothing in this section is to be read as limiting the
ability of the Authority to act through its officers and
25 agents in the normal course of business.
page 10
Western Australian Land Authority Amendment Bill 1998
s. 15
(7) This section does not apply to the execution of
documents but authority to execute documents on
behalf of the Authority can be given under section 45.
".
5 15. Headings inserted
After section 23 the following headings are inserted --
"
Part 3A -- Provisions about accountability
Division 1 -- Ministerial directions and provision of
10 information
".
16. Section 24 amended
Section 24(3)(a) and (b) are deleted and the following
paragraphs are inserted instead --
15 "
(a) published in the Gazette --
(i) within 28 days after the direction is
given; or
(ii) if the direction is the subject of a notice
20 under section 17 of the Statutory
Corporations (Liability of Directors)
Act 1996, within 28 days after it is
confirmed under that section; and
(b) within 14 days after the direction is published
25 laid before each House of Parliament or dealt
with under section 45A; and
".
page 11
Western Australian Land Authority Amendment Bill 1998
s. 17
17. Sections 24A, 24B, 24C and 24D inserted
After section 24 the following sections are inserted --
"
24A. Consultation
5 (1) The board and the Minister, at the request of either, are
to consult together, either personally or through
appropriate representatives, in relation to any aspect of
the operations of the Authority.
(2) The board must consult the Minister before the
10 Authority enters upon a course of action that in the
opinion of the board --
(a) amounts to a major initiative; or
(b) is likely to be of significant public interest,
whether or not the course of action involves a
15 transaction to which section 17A applies.
24B. Minister to be kept informed
The Authority must --
(a) keep the Minister reasonably informed of the
operations, financial performance and financial
20 position of the Authority, including the assets
and liabilities, profits and losses and prospects
of the Authority;
(b) give the Minister reports and information that
the Minister requires for the making of
25 informed assessments of matters mentioned in
paragraph (a); and
page 12
Western Australian Land Authority Amendment Bill 1998
s. 17
(c) if matters arise that in the opinion of the board
may prevent, or significantly affect,
achievement of the Authority's --
(i) objectives outlined in its statement of
5 corporate intent; or
(ii) targets under its strategic development
plan,
promptly inform the Minister of the matters and
its opinion in relation to them.
10 24C. Notice of financial difficulty
(1) The board must notify the Minister in the manner
prescribed if the board forms the opinion that the
Authority is unable to, or will be unlikely to be able to,
satisfy any financial obligation of the Authority from
15 the financial resources available or likely to be
available to the Authority at the time the financial
obligation is due.
(2) Within 7 days of receipt of the notice, the Minister
must --
20 (a) confer with the Treasurer and the board for the
purpose of determining what action is required
to ensure that the Authority is able to satisfy the
relevant financial obligation when it is due; and
(b) initiate such action as is required to ensure that
25 the Authority is able to satisfy the relevant
financial obligation when it is due.
page 13
Western Australian Land Authority Amendment Bill 1998
s. 18
24D. Protection from liability
(1) The Authority or a person performing functions under
this Act is not liable --
(a) in respect of any claim arising as a consequence
5 of the disclosure of information or documents
under this Act; or
(b) for the fact of having done or omitted a thing
that is required to be done or omitted by a
direction given under this Act.
10 (2) Subsection (1) does not extend to the manner in which
a thing is done or omitted if it is done or omitted
contrary to section 9 or 10 of the Statutory
Corporations (Liability of Directors) Act 1996.
".
15 18. Divisions inserted and transitional
(1) After section 25 the following Divisions are inserted --
"
Division 2 -- Strategic development plans and
statements of corporate intent
20 25A. Strategic development plan and statement of
corporate intent
(1) The board must, at the prescribed times, prepare and
submit to the Minister --
(a) a strategic development plan for the Authority;
25 and
(b) a statement of corporate intent for the
Authority.
page 14
Western Australian Land Authority Amendment Bill 1998
s. 18
(2) Regulations are to make provision for the following:
(a)the manner and form in which the board is to
prepare, submit, revise or modify a strategic
development plan or statement of corporate intent;
5 (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
development plan or statement of corporate
intent, including matters related to any
10 community service obligations that are to be
performed;
(d) the functions of the board, 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) In subsection (2)(c) --
20 "community service obligation" means a
commitment that arises because --
(a) the Minister specifically requests the
Authority to do something or specifically
approves of the Authority doing something;
25 (b) the Authority could not do the thing and
comply with section 19(1)(c); and
(c) things of that kind are not required to be
done by businesses in the public or private
sector generally.
30 (4) If a regulation referred to in subsection (2) enables the
Minister to give directions to the Authority, the
page 15
Western Australian Land Authority Amendment Bill 1998
s. 18
Minister must within 14 days after a direction is given
under the regulation cause a copy of the direction to be
laid before each House of Parliament or dealt with in
accordance with section 45A.
5 (5) Regulations referred to in subsection (2) are not to be
made except with the Treasurer's concurrence.
Division 3 -- Reporting requirements
25B. Half-yearly reports
(1) In addition to the reporting requirements referred to in
10 section 39, the board must, for the first half of a
financial year, give to the Minister a report on the
operations of the Authority.
(2) A half-yearly report --
(a) is to include any information prescribed for
15 inclusion in such reports; and
(b) must be given to the Minister within the
prescribed period or within the period agreed
between the Minister and the board.
(3) The board must give a copy of each half-yearly report
20 to the Treasurer.
25C. Deletion of commercially sensitive matters from
reports
(1) The board may request the Minister to delete from the
copies of a report under section 25B or under the
25 Financial Administration and Audit Act 1985 (and
accompanying documents) that are to be made public, a
matter that is of a commercially sensitive nature.
page 16
Western Australian Land Authority Amendment Bill 1998
s. 19
(2) If the Minister complies with a request under
subsection (1) the copies of the report are to include a
statement that a matter of a commercially sensitive
nature has been deleted from it.
5 ".
(2) The board must prepare and submit to the Minister for the
Minister's agreement, as soon as is practicable after the
commencement of this Act, a draft interim strategic
development plan and a draft interim statement of corporate
10 intent.
(3) When the board and the Minister, with the concurrence of the
Treasurer, reach agreement on the draft interim strategic
development plan and the draft interim statement of corporate
intent, they become the strategic development plan and the
15 statement of corporate intent for the remainder of the financial
year in which this Act comes into operation, or until agreement
is reached on a draft strategic development plan and draft
statement of corporate intent, whichever is the later.
(4) The first half-yearly report by the board is to be in respect of the
20 first half of the next full financial year after the commencement
of this Act.
19. Part 4 and section 46 repealed and transitional
(1) Part 4 is repealed.
(2) Section 46 is repealed.
25 (3) Despite subsections (1) and (2), on and from the
commencement of this Act --
(a) a memorial registered or deemed to be registered under
Part 4 before the commencement of this Act remains of
effect, and may be withdrawn and registered again under
30 Part 4, as if the Part had not been repealed;
page 17
Western Australian Land Authority Amendment Bill 1998
s. 20
(b) the functions of a relevant official under Part 4 in
relation to memorials are to be performed as if the Part
had not been repealed;
(c) a pending memorial --
5 (i) may be registered under Part 4;
(ii) has effect after registration as if Part 4 had not
been repealed; and
(iii) may be withdrawn and registered again under
Part 4,
10 as if the Part had not been repealed; and
(d) Part 4 and section 46 continue to apply and have effect
in relation to any memorial referred to in paragraph (a)
or (c) and to offences and other matters related to the
memorial.
15 (4) In subsection (3) --
"pending memorial" means a memorial in respect of any land
disposed of by the Authority pursuant to a transaction
entered into before the commencement of this Act;
"relevant official" has the same meaning as it had under the
20 Western Australian Land Authority Act 1992 immediately
before the commencement of this Act.
20. Section 32 replaced and transitional
(1) Section 32 is repealed and the following section is inserted
instead --
25 "
32. Liability of Authority for duties, taxes, rates etc.
(1) Despite section 5(5) or any other written law --
(a) the Authority; and
page 18
Western Australian Land Authority Amendment Bill 1998
s. 20
(b) deeds or other instruments to which it is a
party,
are liable to and chargeable with duties, taxes or other
imposts under any written law.
5 (2) Despite subsection (1) and section 15, but subject to
subsection (3), land vested in or acquired by the
Authority is not rateable land for the purposes of the
Local Government Act 1995.
(3) If the Authority leases or lets land vested in or acquired
10 by the Authority, or holds land jointly with another
person who is not a public authority, the land is, by
reason of the lease, tenancy or joint holding, rateable
land for the purposes of the Local Government
Act 1995.
15 (4) The Authority is to pay to the Treasurer in respect of
each financial year an amount equivalent to the sum of
all local government rates and charges that, but for
subsection (2) and section 6.26(2)(a)(i) of the Local
Government Act 1995, the Authority would have been
20 liable to pay in respect of that financial year.
(5) Subsection (4) does not apply in relation to land that is
rateable under subsection (3).
(6) An amount payable under subsection (4) --
(a) is to be determined in accordance with such
25 principles; and
(b) is to be paid at such time or times,
as the Treasurer may direct.
(7) The first payment under subsection (4) is to be in
respect of the next full financial year after the
page 19
Western Australian Land Authority Amendment Bill 1998
s. 21
commencement of the Western Australian Land
Authority Amendment Act 1998.
".
(2) Section 32 as inserted by subsection (1) --
5 (a) does not apply to a deed or other instrument that --
(i) has been signed or sealed by or on behalf of all
parties that are required to do so; or
(ii) evidences a transaction that was completed,
before the commencement of this Act; and
10 (b) subject to paragraph (a), applies in respect of any duty,
tax, rate or other impost the Authority becomes liable to
and chargeable with after the commencement of this Act
but not otherwise.
21. Section 36 amended
15 Section 36(8) is repealed and the following subsection is
inserted instead --
"
(8) The Treasurer shall --
(a) within 28 days of giving a guarantee under
20 subsection (1), cause the text of the guarantee
to be published in the Gazette; and
(b) within 14 days of publication cause the text of
the guarantee to be laid before each House of
Parliament or dealt with in accordance with
25 section 45A as if a reference in that section to
the Minister were a reference to the Treasurer.
".
page 20
Western Australian Land Authority Amendment Bill 1998
s. 22
22. Section 38 replaced
Section 38 is repealed and the following section is inserted
instead --
"
5 38. Dividends
(1) Any surplus remaining at the end of a financial year
after the cost of the operations of the Authority and the
amount of any interim dividend paid under
subsection (7) during that financial year have been
10 taken into account --
(a) may, in accordance with this section, be paid
wholly or partly as a final dividend to the
Consolidated Fund; and
(b) to the extent that it is not so paid, is to be
15 applied for the purposes of the Authority.
(2) The board, as soon as is practicable after the end of
each financial year, is to make a recommendation to
the Minister as to --
(a) whether a final dividend is to be paid; and
20 (b) if so, the amount to be paid.
(3) The Minister, with the Treasurer's concurrence --
(a) may accept a recommendation under
subsection (2); or
(b) after consultation with the board, is to direct
25 that the amount of the final dividend is to be
some other amount.
(4) The Authority is to pay the dividend --
(a) as soon as practicable after the amount is fixed
under subsection (3); and
page 21
Western Australian Land Authority Amendment Bill 1998
s. 23
(b) in any case not later than --
(i) 6 months after the end of the financial
year to which the final dividend relates;
or
5 (ii) such other time as may be agreed
between the Treasurer and the board.
(5) If the board considers that payment of an interim
dividend to the Consolidated Fund is justified during
part of a financial year the board may make a
10 recommendation to the Minister as to the amount of the
interim dividend that the board recommends should be
paid.
(6) The Minister, with the Treasurer's concurrence --
(a) may accept a recommendation under
15 subsection (5); or
(b) after consultation with the board, is to direct
that the amount of the interim dividend is to be
some other amount.
(7) The Authority is to pay the dividend --
20 (a) as soon as practicable after the amount is fixed
under subsection (6); and
(b) in any case not later than the end of the
financial year to which the interim dividend
relates.
25 ".
23. Part 6 repealed
Part 6 is repealed.
page 22
Western Australian Land Authority Amendment Bill 1998
s. 24
24. Section 45A inserted
After section 45 the following section is inserted --
"
45A. Supplementary provision about laying documents
5 before Parliament
(1) If --
(a) at the commencement of a period referred to in
section 17A(4), 24(3)(b), 25A(4) or 36(8) in
respect of a document a House of Parliament is
10 not sitting; and
(b) the Minister is of the opinion that that House
will not sit during that period,
the Minister is to transmit a copy of the document to
the Clerk of that House.
15 (2) A copy of a document transmitted to the Clerk of a
House is to be --
(a) taken to have been laid before that House; and
(b) taken to be a document published by order or
under the authority of that House.
20 (3) The laying of a copy of a document that is taken to
have occurred under subsection (2)(a) is to be recorded
in the Minutes, or Votes and Proceedings, of the House
on the first sitting day of the House after the receipt of
the copy by the Clerk.
25 ".
page 23
Western Australian Land Authority Amendment Bill 1998
s. 25
25. Section 48 replaced
Section 48 is repealed and the following section is inserted
instead --
"
5 48. Review of Act
(1) The Minister is to carry out a review of the operation
and effectiveness of this Act within 6 months after
every 5th anniversary of the commencement of the
Western Australian Land Authority Amendment Act
10 1998.
(2) In the course of that review the Minister is to consider
and have regard to --
(a) the effectiveness of the operations of the
Authority;
15 (b) the need for the continuation of the functions of
the Authority; and
(c) such other matters as appear to the Minister to
be relevant to the operation and effectiveness of
this Act.
20 (3) The Minister is to prepare a report on the review within
6 months after the review is carried out and cause the
report to be laid before each House of Parliament as
soon as is practicable after it is prepared.
"
page 24
Western Australian Land Authority Amendment Bill 1998
s. 26
26. Schedule 1 amended
After clause 5 of Part A of Schedule 1 the following clause is
inserted --
"
5 5A. Telephone and video meetings
Despite anything in this Schedule, a communication
between directors constituting a quorum under clause 5(5)
by telephone or audio-visual means is a valid meeting of
directors, but only if each participating director is able to
10 communicate with every other participating director
instantaneously at all times while participating in the
proceedings.
".
27. Miscellaneous amendments
15 Amendments are made as set out in Schedule 1.
page 25
Western Australian Land Authority Amendment Bill 1998
Schedule 1 Miscellaneous amendments
Schedule 1 -- Miscellaneous amendments
[s. 27]
1. Section 4
(1) In the definition of "dispose of " delete "of right of way" and insert
5 instead --
" or right of way ".
(2) Delete the definition of "relevant official".
2. Section 5(5)
Delete "section 15" and insert instead --
10 " sections 15 and 32 ".
3. Section 8
Delete "on the recommendation of the Public Service Commissioner"
and insert instead --
"
15 after consultation with the Minister for Public Sector
Management
".
4. Section 10(1)(b)
Delete "on the recommendation of the Public Service Commissioner"
20 and insert instead --
"
after consultation with the Minister for Public Sector
Management
".
page 26
Western Australian Land Authority Amendment Bill 1998
Miscellaneous amendments Schedule 1
5. Section 11(2)
Delete "Public Service Commissioner" and insert instead --
" Minister for Public Sector Management ".
6. Section 18(1)
5 Delete "section 16 (1) (c)" and insert instead --
" section 16(1)(d) and related functions under section 16(1)(f) ".
7. Section 20(1)(b)
Delete "section 16 (1) (d)" and insert instead --
" section 16(1)(e) ".
10 8. Section 20(2)(b)
Delete "does" and insert instead --
" do ".
9. Section 25(2)(a) and (b) and (3)
Delete "Authority" in the 3 places where it occurs and insert
15 instead --
" chief executive officer or the board ".
10. Section 25(3)
Delete "its".
11. Section 31(1)(b)
20 Delete "section 17 (2) (d)" and insert instead --
" section 17(2)(e) ".
page 27
Western Australian Land Authority Amendment Bill 1998
Schedule 1 Miscellaneous amendments
12. Section 47(2) and (3)
Repeal the subsections.
13. Section 52
Repeal the section.
5
page 28
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