Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BOTANIC GARDENS AND PARKS AUTHORITY ACT 1998 - SECT 10

10 .         Powers

        (1)         The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

        (2)         Without limiting subsection (1), the Authority may — 

            (a)         subject to section 11, acquire land and dispose of land (other than designated land);

            (b)         subject to section 11, grant a lease or licence that is consistent with its functions, on such terms and conditions as it thinks fit;

            (c)         subject to section 11, erect permanent or temporary structures on designated land;

            (d)         subject to section 11, undertake road works and other works on designated land necessary for the management of that land;

            (e)         give or take botanical specimens by way of loan or exchange with scientific or educational institutions;

            (f)         produce and publish information on matters related to its functions;

            (g)         in connection with its function under section 9(2)(g), sell or dispose of plants, parts of plants, seeds and fungi or similar organisms;

            (h)         apply for, obtain and hold (whether alone or jointly with any other person) any patent, patent rights, design rights, copyright or similar rights;

                  (i)         require payment of rent, fees or other charges for the use of any of its facilities (whether permanent or temporary) or for the use of any part of designated land;

            (j)         require payment of fees — 

                  (i)         for entry to designated land (other than King’s Park or designated land that is prescribed for the purposes of this subparagraph); and

                  (ii)         for admission to a particular display or event being conducted on any part of designated land for purposes consistent with its functions, or to any land or facility being used in connection with such a display or event;

            (k)         fix the amount of rent, fees or charges referred to in paragraphs (i) and (j) with power to waive, reduce or refund the amount payable in particular cases;

            (l)         enter into a contract or arrangement with a person or body (including a local government or a department of the Public Service, or other agency or instrumentality, of the State or the Commonwealth) — 

                  (i)         for the performance by that person or body of any work or the supply of equipment or services;

                  (ii)         to provide consultancy or advisory services to that person or body; or

                  (iii)         for the commercial exploitation of the rights referred to in paragraph (h), whether by assignment, licensing or otherwise;

            (m)         on terms and conditions approved by the Minister and the Treasurer, participate in any business arrangement that is consistent with its functions; and

            (n)         act in conjunction with a person, a firm, a local government or a department of the Public Service, or other agency or instrumentality, of the State or the Commonwealth.

        (3)         For the purposes of subsection (2)(m) the Minister and the Treasurer may approve terms and conditions in respect of a specific business arrangement or class of business arrangement or in respect of business arrangements generally.

        (4)         In this section — 

        business arrangement means a proprietary limited company, partnership, trust, joint venture, arrangement for sharing profits or arrangement for sponsorship;

        participate includes form, promote, establish, enter into, manage, dissolve, wind up, and do anything incidental to the doing of any of those things.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]