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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Water Resources Management (Administration)
Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Water resources Acts 2
Part 2 -- The Minister and the Water
Resources Ministerial Body
5. The Water Resources Ministerial Body 4
6. Purpose and nature of the Ministerial Body 4
7. Execution of documents by the Ministerial Body 4
8. Delegation by the Minister 6
Part 3 -- The Water Resources Council
9. Water Resources Council established 7
10. Membership of the Council 7
11. Functions of the Council 7
12. Term of office 8
13. Casual vacancy 8
14. Remuneration and allowances 8
15. Quorum 9
16. Presiding at meetings 9
17. Disclosure of interests by Council members 9
18. Procedure at meetings 10
19. Minutes 10
20. Staff and other resources of the Council 10
237--1 page i
Water Resources Management (Administration) Bill 2003
Contents
21. Application of the Financial Administration and Audit
Act 1985 10
Part 4 -- General administrative
provisions
22. Minister may give directions to the CEO 11
23. Delegation by the CEO 11
24. Provision of staff, services and facilities 12
25. Advisory committees 12
26. Non-public sector staff 13
27. Protection from liability for wrongdoing 13
28. Confidentiality 14
29. Regulations 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Water Resources Management (Administration)
Bill 2003
A Bill for
An Act about the administration of certain Acts that relate to the
management of water resources.
The Parliament of Western Australia enacts as follows:
page 1
Water Resources Management (Administration) Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Water Resources Management
(Administration) Act 2003.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Terms used in this Act
In this Act, unless the contrary intention appears --
10 "CEO" means the chief executive officer of the Department;
"confidential information" has the meaning given by
section 28(3);
"Council" means the Water Resources Council referred to in
section 9;
15 "Department" means the department of the Public Service
principally assisting the Minister in the administration of
this Act;
"Ministerial Body" means the Water Resources Ministerial
Body established by section 5;
20 "water resources Act" means an Act designated by the
Minister under section 4.
4. Water resources Acts
(1) The Minister may, by order published in the Gazette, designate
any of the following Acts as a water resources Act for the
25 purposes of this Act --
(a) the Country Areas Water Supply Act 1947;
(b) the Metropolitan Water Authority Act 1982;
(c) the Metropolitan Water Supply, Sewerage, and
Drainage Act 1909;
page 2
Water Resources Management (Administration) Bill 2003
Preliminary Part 1
s. 4
(d) the Rights in Water and Irrigation Act 1914;
(e) the Water Agencies (Powers) Act 1984;
(f) the Water Boards Act 1904;
(g) the Waterways Conservation Act 1976.
5 (2) This Minister may, by order published in the Gazette, revoke
the designation of an Act.
page 3
Water Resources Management (Administration) Bill 2003
Part 2 The Minister and the Water Resources Ministerial Body
s. 5
Part 2 -- The Minister and the Water Resources
Ministerial Body
5. The Water Resources Ministerial Body
(1) The Water Resources Ministerial Body is established.
5 (2) The Ministerial Body is a body corporate with perpetual
succession.
(3) Proceedings may be taken by or against the Ministerial Body in
its corporate name.
(4) The Ministerial Body is to be governed by the Minister.
10 (5) The Ministerial Body is an agent of the State and has the status,
immunities and privileges of the State.
6. Purpose and nature of the Ministerial Body
(1) The Ministerial Body is established to provide a body corporate
through which the Minister can perform any of the Minister's
15 functions under this or a water resources Act that can more
conveniently be performed by a body corporate than an
individual.
(2) Despite the employment under the Public Sector Management
Act 1994 of ministerial officers for the purpose of assisting the
20 Minister to perform functions that the Minister performs
through the Ministerial Body, the Ministerial Body and those
officers are not an organisation for the purposes of that Act.
7. Execution of documents by the Ministerial Body
(1) The Ministerial Body is to have a common seal.
25 (2) A document is duly executed by the Ministerial Body if --
(a) the common seal of the Ministerial Body is affixed to it
in accordance with subsections (3) and (4);
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Water Resources Management (Administration) Bill 2003
The Minister and the Water Resources Ministerial Body Part 2
s. 7
(b) it is signed on behalf of the Ministerial Body by the
Minister; or
(c) it is signed on behalf of the Ministerial Body, as
authorised under subsection (5), by the CEO or another
5 officer of the Department.
(3) The common seal of the Ministerial Body is not to be affixed to
a document except as authorised by the Ministerial Body.
(4) The common seal of the Ministerial Body is to be affixed to a
document in the presence of the Minister, and the Minister is to
10 sign the document to attest that the common seal was so affixed.
(5) The Ministerial Body may, by writing under its seal, authorise
the CEO or another officer of the Department to sign documents
on behalf of the Ministerial Body, either generally or subject to
any conditions or restrictions specified in the authorisation.
15 (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) A document executed by the CEO or another person under this
section without the common seal of the Ministerial Body is not
20 to be regarded as a deed unless it is executed as a deed as
authorised under subsection (5).
(8) When a document is produced bearing a seal purporting to be
the common seal of the Ministerial Body, it is to be presumed
that the seal is the common seal of the Ministerial Body until
25 the contrary is shown.
(9) For the purposes of this Act, a facsimile of --
(a) the Ministerial Body's seal; or
page 5
Water Resources Management (Administration) Bill 2003
Part 2 The Minister and the Water Resources Ministerial Body
s. 8
(b) the signature of the Minister or a person authorised
under subsection (5) to execute deeds or other
documents,
may be used, and a deed or other document purporting to be
5 endorsed with such a facsimile is, until the contrary is shown, to
be regarded as bearing the facsimile under this subsection.
8. Delegation by the Minister
(1) The Minister may delegate any power or duty of the Minister
under this or a water resources Act to the CEO or another
10 officer of the Department, or another person having functions
under this Act or a water resources Act.
(2) Without limiting the things that may be delegated to the CEO
under subsection (1), they include things that are to be done in
the course of governing the affairs of the Ministerial Body
15 under section 5(4).
(3) The delegation must be in writing signed by the Minister.
(4) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(5) A person performing a power or duty that has been delegated to
20 the person 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 limits the ability of the Minister to
perform a function through an officer or agent.
page 6
Water Resources Management (Administration) Bill 2003
The Water Resources Council Part 3
s. 9
Part 3 -- The Water Resources Council
9. Water Resources Council established
The Minister is to appoint 4, 5 or 6 persons to be the members
of a body called the Water Resources Council.
5 10. Membership of the Council
(1) The Minister is to choose the members of the Council in such a
way that their expertise and experience covers expertise and
experience in the following --
(a) water resources management;
10 (b) conservation (in the aquatic and water resources
dependent ecosystems fields);
(c) economic development;
(d) community development;
(e) law (in the natural resources field).
15 (2) The Minister is to designate one of the members as the
chairman.
11. Functions of the Council
The Council has the following functions --
(a) advising the Minister on policy and planning in relation
20 to the management of water resources generally and on
any matter that the Minister refers to it for advice;
(b) advising the Minister in relation to water allocation
charges and the disbursement of funds available to the
Minister for the management of water resources;
25 (c) advising the Minister on by-laws made or to be made
under the water resources Acts;
(d) consulting with persons, or bodies, having functions
under, or related to the purposes of, a water resources
Act;
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Water Resources Management (Administration) Bill 2003
Part 3 The Water Resources Council
s. 12
(e) advising the Minister on whether the objectives of each
water resources Act are being achieved, to the extent
that each of those Acts relates to water resources
management.
5 12. Term of office
(1) The term for which a person is appointed to be a member of the
Council is to be fixed in the instrument of appointment and is to
be not longer than 3 years.
(2) A person's eligibility for reappointment or the term for which a
10 person may be reappointed is not affected by an earlier
appointment.
13. Casual vacancy
(1) A member of the Council may at any time resign from office by
notice in writing delivered to the Minister.
15 (2) The Minister may remove a person who is a member of the
Council from office on the grounds of --
(a) mental or physical incapacity to carry out the person's
duties in a satisfactory manner;
(b) the person being an insolvent under administration
20 within the meaning of that term in the Corporations
Act 2001 of the Commonwealth;
(c) neglect of duty; or
(d) misconduct.
(3) If, before the term of office for which a person was appointed as
25 a member of the Council expires, the person dies, resigns, or is
removed from office, the office becomes vacant.
14. Remuneration and allowances
Members of the Council are entitled to any remuneration and
allowances that the Minister may from time to time determine
page 8
Water Resources Management (Administration) Bill 2003
The Water Resources Council Part 3
s. 15
on the recommendation of the Minister for Public Sector
Management.
15. Quorum
A quorum for a meeting of the Council is any 3 members.
5 16. Presiding at meetings
(1) The chairman, if present, is to preside at a meeting of the
Council.
(2) If the chairman is not presiding under subsection (1), the
members present at the meeting are to appoint one of their
10 number to preside.
17. Disclosure of interests by Council members
(1) A member of the Council who has a direct or indirect pecuniary
interest in a matter that is before a meeting of the Council must,
as soon as possible after the relevant facts have come to his or
15 her knowledge, disclose the nature of the interest to the Council
members who are at that meeting.
(2) If a member of the Council has, in the opinion of the person
presiding at a meeting of the Council, a direct or indirect
pecuniary interest in a matter before that meeting, the person
20 presiding may call on the member to disclose the nature of that
interest and, in default of any such disclosure, may determine
that that interest exists.
(3) A disclosure by a member of an interest in a matter or a
determination that a member is interested in a matter must be
25 recorded in the record of the meeting concerned.
(4) A member who has made a disclosure of an interest in a matter,
or in respect of whom a determination has been made in relation
to a matter, may take part in the consideration or discussion of
the matter, but not in advising, or any decision related to
30 advising, the Minister on the matter.
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Water Resources Management (Administration) Bill 2003
Part 3 The Water Resources Council
s. 18
(5) An interest need not be disclosed under this section if it is an
interest common to a significant number of persons in the State.
18. Procedure at meetings
Except as otherwise stated in this Act, the Council is to
5 determine its own meeting procedures.
19. Minutes
The Council is to cause accurate minutes to be kept of the
proceedings at its meetings.
20. Staff and other resources of the Council
10 (1) There is to be an executive officer of the Council.
(2) The executive officer and any other staff whose assistance the
executive officer needs are to be made available by the CEO on
terms agreed to by the chairman of the Council and the CEO.
(3) The Council may make use of the services and facilities of the
15 Department on terms agreed to by the chairman of the Council
and the CEO.
21. Application of the Financial Administration and Audit
Act 1985
Acts or things done by or for the Council under this or a water
20 resources Act are to be regarded --
(a) as services under the control of the Department for the
purposes of section 52 of the Financial Administration
and Audit Act 1985; and
(b) as part of the operations of the Department for the
25 purposes of Part II Division 13 of that Act.
page 10
Water Resources Management (Administration) Bill 2003
General administrative provisions Part 4
s. 22
Part 4 -- General administrative provisions
22. Minister may give directions to the CEO
(1) The Minister may give directions to the CEO with respect to the
performance of the CEO's functions under this or a water
5 resources Act, either generally or in relation to a particular
matter.
(2) The subject matter of a direction relating to a particular person
is to be included in the annual report in such a way that it does
not disclose confidential information if the disclosure of that
10 information would be likely to cause harm to the interests of the
person to whom it relates.
(3) In this section --
"annual report" means the annual report submitted by the
accountable officer of the Department under section 62 of
15 the Financial Administration and Audit Act 1985.
23. Delegation by the CEO
(1) The CEO may delegate any power or duty of the CEO under
this or a water resources Act to an officer of the Department, or
another person having functions under this Act or a water
20 resources Act.
(2) The delegation must be in writing signed by the CEO.
(3) If a person is not employed in the Department, a power or duty
can only be delegated to the person under this section if the
person has been approved, or is in a class of person approved,
25 by the Minister for the purposes of this section.
(4) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(5) A person performing a power or duty that has been delegated to
the person under this section is to be taken to do so in
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Water Resources Management (Administration) Bill 2003
Part 4 General administrative provisions
s. 24
accordance with the terms of the delegation unless the contrary
is shown.
(6) Nothing in this section limits the ability of the CEO to perform
a function through an officer or agent.
5 24. Provision of staff, services and facilities
(1) The CEO may arrange with a related entity to provide it with
the use of --
(a) the services of any officer or employee employed in the
Department; and
10 (b) any services or facilities of the Department,
as necessary for the entity to perform its functions.
(2) This section does not limit any power the related entity has to
engage its own staff or provide its own facilities, or to enter into
any other arrangement for the provision to it of staff, services or
15 facilities.
(3) In this section --
"related entity" means --
(a) a body (whether incorporated or not);
(b) the holder of an office; or
20 (c) a person,
established by or under, or having functions under, a water
resources Act.
25. Advisory committees
(1) The Minister may establish committees for the purpose of
25 advising the Minister or the CEO on any aspect of the
administration of a water resources Act, with terms of reference
in each case determined by the Minister.
page 12
Water Resources Management (Administration) Bill 2003
General administrative provisions Part 4
s. 26
(2) A member of a committee is entitled to the remuneration and
allowances (if any) determined by the Minister, on the
recommendation of the Minister for Public Sector Management.
(3) The terms and conditions, other than those referred to in
5 subsection (2), applicable to or in relation to a person appointed
to a committee are to be determined by the Minister, from time
to time either generally or with respect to a particular
appointment.
(4) This section does not limit the Minister's power to establish
10 committees for any other purpose.
26. Non-public sector staff
(1) The CEO may engage persons as wages staff otherwise than
under the Public Sector Management Act 1994.
(2) Persons referred to in subsection (1) are to be employed, subject
15 to any relevant industrial award, order or agreement, on such
terms and conditions as the CEO determines.
(3) Nothing in subsection (2) affects the operation of the Workplace
Agreements Act 1993 or Part VID of the Industrial Relations
Act 1979 or section 100 of the Public Sector Management
20 Act 1994.
27. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
purported performance of a function under this or a water
25 resources Act.
(2) The protection given by subsection (1) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this or the water resources
Act had been enacted.
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Water Resources Management (Administration) Bill 2003
Part 4 General administrative provisions
s. 28
(3) Despite subsection (1), the State is not relieved of any liability
that it might have for another person having done anything as
described in that subsection.
(4) In this section, a reference to the doing of anything includes a
5 reference to an omission to do anything.
28. Confidentiality
(1) A person who misuses confidential information obtained by
reason of any function that person has, or at any time had, in the
administration of this or a water resources Act commits an
10 offence.
Penalty: $50 000.
(2) A person misuses confidential information if it is, directly or
indirectly, recorded, used, or disclosed to another person, other
than --
15 (a) in the course of duty;
(b) under this or a water resources Act;
(c) with the written permission of the CEO;
(d) for the purposes of the investigation of any suspected
offence or the conduct of proceedings against any
20 person for an offence;
(e) with the consent of the person to whom the information
relates, or each of them if there be more than one; or
(f) in the circumstances prescribed by the regulations.
(3) In this section --
25 "confidential information" means information that has not
been made public and that --
(a) is by its nature confidential;
(b) was specified to be confidential by the person who
supplied it; or
30 (c) is known by the person using or disclosing it to be
confidential.
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Water Resources Management (Administration) Bill 2003
General administrative provisions Part 4
s. 29
29. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
5 purposes of this Act.
page 15
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