Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
section 6, the Council may do all things that are necessary or expedient
to enable the Council to carry out its functions.
(2) Subject to this
Act, but without derogating from the generality of subsection (1), the
Council may —
(a)
formulate and implement policies to give effect to its functions;
(b)
enter into, implement, and enforce Heritage Agreements, including, subject to
subsection (3), Agreements to which the Council is not a party;
(c)
negotiate, provide or arrange for the financial, technical, and administrative
measures required in relation to any proposal for the conservation of a place;
(d)
negotiate with public authorities, owners, occupiers and their agents, persons
contemplating development proposals, and other persons likely to be of
assistance in concluding concessions, plot ratio adjustments, transfers of
development rights, and other planning measures that will enable or encourage
persons to record or conserve, or to facilitate the presentation of, places of
cultural heritage significance in the State;
(e)
advise and assist persons who are responsible for, or may be prepared to
undertake, the management or maintenance of any place having cultural heritage
significance, or of any building, exhibition or thing relevant to the
recording, conservation or presentation of any such place, or who are
concerned with matters or things associated with any such place or likely to
promote public interest in the cultural heritage;
(f)
acquire by agreement, or in default of agreement and with the consent of the
Minister compulsorily, places of cultural heritage significance, for the
purpose of acting as interim custodian until such time as satisfactory
arrangements for the conservation of the places by other persons can be
concluded, and enter into leases, lease-back arrangements, or other agreements
related to the occupation or use of those places;
(g)
deliver any place, matter or thing related to or associated with the cultural
heritage and of which the Council has possession or control into the
possession or control of any local government, museum, gallery, library or
person, whether incorporated or not, for the purpose of making it accessible
to the public or for the purpose of study;
(h)
undertake or assist other persons to undertake studies, assignments,
commissions, investigations, the preservation of techniques and crafts or the
gaining of experience, and the publishing of information, whether in the State
or elsewhere, in respect of matters related to the functions of the Council
relevant to any place, matter or thing significant to the cultural heritage;
(j) make
charges or impose fees in relation to places maintained or activities, matters
or things promoted, arranged or controlled by or on behalf of the Council, and
otherwise as the regulations may require; and
(k)
enforce any Order made under Part 6, and prosecute persons contravening
this Act or any prescribed provision of any other written law.
(3) The Council on
behalf of the Crown shall not institute, or intervene in, any proceedings
arising out of a Heritage Agreement to which the Council was not a party,
unless —
(a) the
party which entered into the Agreement on behalf of the Crown so consents; or
(b) the
Minister is of the opinion that such consent has been unreasonably withheld,
and so certifies,
in which case the
Council on behalf of the Crown shall be, or shall become, a party to those
proceedings as though the Council acting on behalf of the Crown had always
been a party to the Agreement and the Council shall thereupon have all the
rights, including rights of appeal, of a party to the proceedings, and the
costs of those proceedings on behalf of the Crown shall be borne by the
Council unless the court otherwise orders.
(4) For the purposes
of this Act, but subject to the approval of the Treasurer, financial
assistance or incentives may be offered by the Council with or without a
requirement for the giving of security and either free of interest or at such
rates of interest as the Council determines.
(5) Subject to the
approval of the Treasurer and of the Minister, the Council may establish or
participate in any scheme of endowment, or create any trust, upon such terms
and conditions and having such objects not inconsistent with this Act as the
Council thinks fit, appoint or act as trustees in relation thereto, and
implement the provisions of that endowment or trust.
(6) The Council,
unless the Minister otherwise directs, may —
(a)
accept any moneys or property, or the care and control thereof for the time
being, by way of gift or loan (not being a gift or loan expressly prohibited
by any Act or instrument of trust);
(b) act
as manager for the time being of any trust, endowment, bequest, gift,
property, or moneys (including trust moneys) for the purposes of the Council
or in furtherance of the work of the Council; and
(c) use
and apply any moneys or property not immediately required for the purposes of
a trust declared in relation thereto in any manner not at variance with the
trust.
(7) The Council may
refuse to accept any endowment, bequest, gift, moneys or other property, or to
act in any trust, where in the opinion of the Council any condition attaching
thereto, or the intention or subject matter, is not consistent with the
objects of the Council or is otherwise not acceptable.
[Section 8 amended by No. 14 of 1996
s. 4.]