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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Metropolitan Redevelopment Authority
Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part 2 -- Metropolitan
Redevelopment Authority
Division 1 -- Metropolitan Redevelopment
Authority
4. Authority established 5
5. Status 5
6. Authority to be SES organisation 5
Division 2 -- Functions of Authority
Subdivision 1 -- General
7. Functions in redevelopment areas 5
8. Functions in areas contiguous to redevelopment
areas 6
9. Delegated functions 7
10. Business and operational plans to be followed 7
11. General powers 7
12. Minister and Treasurer to consider proposals under
section 11(3)(b) 8
13. Delegation except of powers and duties under
Parts 5 and 6 9
14. Delegation of powers and duties under Parts 5
and 6 10
15. Subdelegation of delegated WAPC powers 11
219--2 page i
Metropolitan Redevelopment Authority Bill 2011
Contents
16. General provisions about delegations 11
17. Authority to comply with written laws 12
Subdivision 2 -- Powers in relation to land
18. General powers as to land 12
19. Powers in relation to land contiguous to
redevelopment area 12
20. Subdivision and amalgamation, modification of
PAD Act 13
21. Application of Public Works Act 1902 to Authority 14
22. Compulsorily acquiring land under Land
Administration Act 1997 14
23. Public authority can be directed to transfer land to
Authority 15
24. Closing thoroughfares, temporarily or permanently 16
25. Conditional disposal of land 16
Part 3 -- Land Redevelopment
Committees
26. LRC to be established for each redevelopment area 18
27. Function of LRC 18
28. Dissolution of LRC 18
Part 4 -- Redevelopment areas
29. Recommendation of Minister to declare a
redevelopment area 19
30. Regulations may declare redevelopment areas and
provide for related matters 20
31. Regulations may amend redevelopment area 22
32. Land added to redevelopment area, transitional
matters 22
33. Land removed from redevelopment area,
transitional matters 23
34. Development applications not finalised when land
removed 23
35. Transitional regulations 23
36. Evidentiary matters 24
page ii
Metropolitan Redevelopment Authority Bill 2011
Contents
Part 5 -- Redevelopment schemes
Division 1 -- Preparation and approval of
redevelopment schemes
37. Draft redevelopment scheme: work prior to
declaration of redevelopment area 25
38. Draft redevelopment scheme 25
39. Draft redevelopment scheme to be submitted to
relevant local government and WAPC 27
40. Draft redevelopment scheme to be referred to EPA 28
41. Draft redevelopment scheme to be submitted to
Minister for publication approval 29
42. Minister's functions as to draft redevelopment
scheme 30
43. Public notification of draft redevelopment scheme 30
44. Public submissions on draft redevelopment scheme 31
45. Draft redevelopment scheme to be submitted to
Minister for final approval 31
46. Recommendation of WAPC 32
47. Minister's functions in deciding final approval 32
48. Gazettal and operation of approved redevelopment
scheme 34
Division 2 -- Amendment and repeal of
approved redevelopment scheme
49. Amendment of approved redevelopment scheme 35
50. Repeal of approved redevelopment scheme 35
Division 3 -- Effect of redevelopment scheme
51. Effect of approved redevelopment scheme on
planning schemes 36
52. Inconsistency with regulations 37
53. Approved redevelopment scheme has legislative
effect 37
54. Authority to comply with redevelopment schemes 37
55. Applications for approval not finalised on scheme
start day 37
56. Transitional regulations 38
57. Minister may amend local planning scheme to
conform with redevelopment scheme 38
page iii
Metropolitan Redevelopment Authority Bill 2011
Contents
58. Certain planning schemes affecting redevelopment
area not to operate until redevelopment scheme
ceases to apply 38
Part 6 -- Development control in
redevelopment area
Division 1 -- State bound
59. Part binds State 40
Division 2 -- Developments by Authority
60. Authority must get Minister's approval for
development 40
Division 3 -- Development control by Authority
61. Application of this Division 41
62. Undertaking unauthorised development an offence 41
63. Initial assessment of development application 42
64. Notice of development application 42
65. When development application must be decided 43
66. Deciding development application 43
67. Duration of development approval 45
68. Development may be approved after it is
undertaken 45
69. Review of Authority's decision by SAT 45
Division 4 -- Unauthorised developments
70. Terms used 45
71. Unauthorised developments: Authority's powers 46
72. Review of directions given under section 71 47
73. Authority may give effect to directions under
section 71 47
Division 5 -- Miscellaneous matters
74. Minister's powers to ensure environmental
conditions are met 48
75. Injurious affection: compensation 49
Part 7 -- General administration of
Authority and LRCs
Division 1 -- Board of management of
Authority
76. Board is governing body 51
page iv
Metropolitan Redevelopment Authority Bill 2011
Contents
77. How board is constituted 51
78. Remuneration and allowances 52
79. Term of office 52
Division 2 -- Land Redevelopment Committees
80. How LRC is constituted 52
81. Nominations for appointment under
section 80(1)(b) 53
82. Appointment of initial LRC members 54
83. Remuneration and allowances 55
84. Term of office 55
Division 3 -- Provisions that apply to
Authority's board of management and to
LRCs
Subdivision 1 -- General provisions
85. Term used: member 55
86. Casual vacancies 55
87. Extension of term of office during vacancy in
membership 57
88. Leave of absence 57
89. Deputy chairperson acting as chairperson 57
90. Alternate members 58
Subdivision 2 -- Disclosure of material personal
interests
91. Terms used 59
92. When a member has a material personal interest 59
93. Financial interest 59
94. Proximity interest 60
95. Closely associated persons 60
96. Some interests need not be disclosed 61
97. Disclosure of material personal interest 62
98. Voting by interested member 63
99. Section 98 may be declared inapplicable 64
100. Quorum where section 98 applies 64
101. Minister may declare sections 98 and 100
inapplicable 65
Subdivision 3 -- Meetings
102. Holding meetings 65
103. Quorum 65
104. Procedure at meetings 66
page v
Metropolitan Redevelopment Authority Bill 2011
Contents
105. Voting 66
106. Holding meetings remotely 66
107. Resolution without meeting 66
108. Minutes to be kept 67
Division 4 -- Staff, contractors and committees
109. Chief executive officer 67
110. Other staff 67
111. Use of government staff and facilities 68
112. Committees 68
Part 8 -- Accountability and
financial provisions
Division 1 -- Accountability
113. Business plans and operational plans 69
114. Minister to be kept informed 70
115. Minister may give directions 71
116. When directions take effect 71
117. Minister to have access to information 72
118. Protection for disclosure or compliance with
directions 73
Division 2 -- Financial provisions
119. Application of Financial Management Act 2006
and Auditor General Act 2006 73
120. Metropolitan Redevelopment Authority Account 73
121. Authority's funds 74
122. Borrowing 74
123. Notice of financial difficulty 74
Part 9 -- Miscellaneous
124. Modification or suspension of other laws 76
125. Execution of documents by Authority 76
126. Contract formalities 77
127. Confidential information officially obtained 77
128. Protection from liability for wrongdoing 78
129. Body corporate's officers, liability of 78
130. Approved forms 79
131. Regulations 79
132. Laying documents before House of Parliament not
sitting 80
page vi
Metropolitan Redevelopment Authority Bill 2011
Contents
133. Review of Act 80
Part 10 -- Repeals, consequential
amendments and validations
Division 1 -- Repeals
134. Acts repealed 82
Division 2 -- Consequential amendments
135. Approvals and Related Reforms (No. 4) (Planning)
Act 2010 amended 82
136. Constitution Acts Amendment Act 1899 amended 82
137. Environmental Protection Act 1986 amended 83
138. Financial Management Act 2006 amended 85
139. Government Railways Act 1904 amended 85
140. Land Tax Assessment Act 2002 amended 86
141. Planning and Development Act 2005 amended 86
71. Local planning schemes not to apply to
redevelopment areas 88
142. Public Sector Management Act 1994 amended 90
143. Statutory Corporations (Liability of Directors)
Act 1996 amended 90
144. Swan and Canning Rivers Management Act 2006
amended 91
Division 3 -- Validations
145. Effect of redevelopment schemes and validity of
things done under them 95
Part 11 -- Transitional provisions
146. Terms used 96
147. Interpretation Act 1984 not affected 96
148. Assets, rights and liabilities 96
149. Agreements and instruments generally 97
150. References in written laws to abolished authorities 98
151. Employed staff 98
152. People engaged under contracts for services 99
153. Transfer of land in abolished redevelopment area
to redevelopment area under this Act 100
154. Redevelopment scheme continues for land in
abolished redevelopment area that is transferred to
redevelopment area under this Act 100
155. Exemptions from State tax 101
page vii
Metropolitan Redevelopment Authority Bill 2011
Contents
156. Transitional regulations 102
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Metropolitan Redevelopment Authority
Bill 2011
A Bill for
An Act to --
provide for the planning and redevelopment of, and the control
of development in, certain land in the metropolitan region; and
establish a State agency with planning, development control,
land acquisition and disposal and other functions in respect of
that land; and
provide for related matters, including the repeal or amendment
of certain Acts.
The Parliament of Western Australia enacts as follows:
page 1
Metropolitan Redevelopment Authority Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Metropolitan Redevelopment Authority Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Terms used
11 In this Act, unless the contrary intention appears --
12 acquire includes take --
13 (a) by way of lease, licence or easement; or
14 (b) in any other manner in which an interest in property may
15 be acquired;
16 approved redevelopment scheme means a redevelopment
17 scheme, as amended from time to time under section 49, in
18 operation under section 48(2);
19 Authority means the Metropolitan Redevelopment Authority
20 established by section 4;
21 chief executive officer means the chief executive officer, under
22 the Public Sector Management Act 1994, of the Authority;
23 development means --
24 (a) the erection, construction, demolition, alteration or
25 carrying out of any building, excavation, or other works
26 in, on, over, or under land; and
27 (b) a material change in the use of land; and
page 2
Metropolitan Redevelopment Authority Bill 2011
Preliminary Part 1
s. 3
1 (c) any other act or activity in relation to land declared by
2 regulation to constitute development,
3 but does not include any work, act or activity declared by
4 regulation not to constitute development;
5 development application means an application for a
6 development approval or for an approval under section 60(2);
7 development approval means a development approval issued by
8 the Authority under section 66(2)(b);
9 dispose of includes --
10 (a) sell; or
11 (b) dispose of --
12 (i) by way of lease, licence, easement or right of
13 way; or
14 (ii) in any other way in which an interest in property
15 may be disposed of;
16 Environment Minister means the Minister who administers the
17 EP Act;
18 EPA means the Environmental Protection Authority continued
19 in existence under the EP Act;
20 EP Act means the Environmental Protection Act 1986;
21 improvement scheme has the meaning given in the PAD Act
22 section 4(1);
23 local planning scheme has the meaning given in the PAD Act
24 section 4(1);
25 LRC means a land redevelopment committee established under
26 section 26;
27 metropolitan region has the meaning given in the PAD Act
28 section 4(1);
29 PAD Act means the Planning and Development Act 2005;
30 Planning Minister means the Minister who administers the
31 PAD Act;
page 3
Metropolitan Redevelopment Authority Bill 2011
Part 1 Preliminary
s. 3
1 planning scheme means any of the following --
2 (a) a local planning scheme;
3 (b) a region planning scheme as defined in the PAD Act
4 section 4(1);
5 (c) an improvement scheme;
6 public authority means any of the following --
7 (a) a Minister of the State;
8 (b) a department of the Public Service, a State
9 instrumentality or a State public utility;
10 (c) any other person or body, whether corporate or not, who
11 or which, under the authority of a written law,
12 administers or carries on for the benefit of the State a
13 social service or public utility;
14 redevelopment area means any land declared to be a
15 redevelopment area by regulations made under Part 4;
16 scheme start day, for land declared to be a redevelopment area,
17 means --
18 (a) the day on which an approved redevelopment scheme
19 that applies to the land comes into operation under
20 section 48(2); or
21 (b) if the land is added to a redevelopment area, the day on
22 which an approved redevelopment scheme applies to
23 that land;
24 staff member means the chief executive officer or a person
25 appointed, employed or engaged as referred to in section 110;
26 thoroughfare has the meaning given in the Local Government
27 Act 1995 section 1.4;
28 WAPC means the Western Australian Planning Commission
29 established under the PAD Act section 7.
page 4
Metropolitan Redevelopment Authority Bill 2011
Metropolitan Redevelopment Authority Part 2
Metropolitan Redevelopment Authority Division 1
s. 4
1 Part 2 -- Metropolitan Redevelopment Authority
2 Division 1 -- Metropolitan Redevelopment Authority
3 4. Authority established
4 (1) A body called the Metropolitan Redevelopment Authority is
5 established.
6 (2) The Authority is a body corporate with perpetual succession.
7 (3) Proceedings may be taken by or against the Authority in its
8 corporate name.
9 5. Status
10 The Authority is an agent of the State and, except as provided in
11 section 17, has the status, immunities and privileges of the State.
12 6. Authority to be SES organisation
13 The Authority is to be an SES organisation under the Public
14 Sector Management Act 1994.
15 Division 2 -- Functions of Authority
16 Subdivision 1 -- General
17 7. Functions in redevelopment areas
18 (1) The functions of the Authority are --
19 (a) to plan, undertake, promote and coordinate the
20 development of land in redevelopment areas in the
21 metropolitan region; and
22 (b) for that purpose --
23 (i) to prepare and keep under review strategic and
24 policy documents in relation to the development
25 of land in redevelopment areas; and
page 5
Metropolitan Redevelopment Authority Bill 2011
Part 2 Metropolitan Redevelopment Authority
Division 2 Functions of Authority
s. 8
1 (ii) under Part 5, to prepare and keep under review a
2 redevelopment scheme for each redevelopment
3 area; and
4 (iii) under Part 6, to control development in each
5 redevelopment area.
6 (2) In performing its functions under this Act in relation to a
7 redevelopment area the Authority must have regard to, and seek
8 to implement, the objectives prescribed under section 30(5)(c)
9 in relation to the area.
10 (3) The regulations may impose requirements and restrictions on,
11 and otherwise regulate, the performance by the Authority of its
12 functions in a redevelopment area, and the Authority must
13 comply with those regulations.
14 8. Functions in areas contiguous to redevelopment areas
15 (1) It is a function of the Authority, if the Governor by order
16 published in the Gazette so determines, to provide services to a
17 public authority in relation to the redevelopment of land in an
18 area that is contiguous to a redevelopment area.
19 (2) An order under subsection (1) must specify --
20 (a) the public authority to which services are to be
21 provided; and
22 (b) the area to which the order applies.
23 (3) The provision of services under subsection (1) must be the
24 subject of a written agreement made between the Authority and
25 the relevant public authority and approved in writing by the
26 Minister.
27 (4) Without limiting the terms of an agreement under
28 subsection (3), the agreement may --
29 (a) specify the nature of the services to be provided to the
30 public authority; and
page 6
Metropolitan Redevelopment Authority Bill 2011
Metropolitan Redevelopment Authority Part 2
Functions of Authority Division 2
s. 9
1 (b) provide for the remuneration of the Authority for the
2 provision of those services.
3 (5) The Authority cannot exercise its powers under section 18(1)(a)
4 in the performance of a function under subsection (1), and
5 section 22 does not apply to, or in relation to, the performance
6 by the Authority of a function under subsection (1).
7 (6) The Governor may by subsequent order published in the Gazette
8 amend or revoke an order under subsection (1).
9 (7) The Interpretation Act 1984 section 42 applies to an order under
10 this section as if the order were a regulation.
11 9. Delegated functions
12 The Authority may exercise or perform any functions under the
13 PAD Act that are delegated to it under section 16 of that Act,
14 despite those functions being exercised or performed outside of
15 a redevelopment area.
16 10. Business and operational plans to be followed
17 The Authority must perform its functions in accordance with its
18 business plan and its operational plan approved under
19 section 113(7)(a).
20 11. General powers
21 (1) In this section --
22 business arrangement means a proprietary limited company,
23 partnership, trust, joint venture or arrangement for sharing
24 profits;
25 participate includes form, promote, establish, enter into,
26 manage, dissolve, wind-up and do anything incidental to the
27 doing of those things.
28 (2) The Authority may do all things that are necessary or
29 convenient to be done for or in connection with the performance
30 of its functions.
page 7
Metropolitan Redevelopment Authority Bill 2011
Part 2 Metropolitan Redevelopment Authority
Division 2 Functions of Authority
s. 12
1 (3) Without limiting subsection (2), the Authority may --
2 (a) subject to Subdivision 2, acquire, develop, dispose of,
3 and otherwise deal with, property; and
4 (b) subject to section 12, participate in any business
5 arrangement and acquire, hold and dispose of shares,
6 units or other interests in, or relating to, a business
7 arrangement; and
8 (c) sell advertising opportunities and enter into
9 arrangements for sponsorship; and
10 (d) develop and turn to account any technology, software,
11 resource or intellectual property and, for that purpose,
12 apply for, hold, receive, exploit and dispose of any
13 intellectual property; and
14 (e) use its expertise and resources to provide consultancy,
15 advisory or other services for profit.
16 (4) In performing its functions the Authority may act alone or in
17 conjunction with any person or any public authority or any
18 department, agency or instrumentality of the Commonwealth.
19 12. Minister and Treasurer to consider proposals under
20 section 11(3)(b)
21 (1) In this section --
22 transaction means the exercise of any power conferred by
23 section 11(3)(b) in relation to a business arrangement.
24 (2) The Authority must obtain the written agreement of the Minister
25 before it enters into any transaction.
26 (3) Subject to subsection (4), the Minister must obtain the
27 Treasurer's approval before giving a written agreement under
28 subsection (2).
29 (4) The Treasurer may, by notice published in the Gazette, exempt
30 any transaction or class of transaction from the operation of
31 subsection (3) either unconditionally or on specified conditions.
page 8
Metropolitan Redevelopment Authority Bill 2011
Metropolitan Redevelopment Authority Part 2
Functions of Authority Division 2
s. 13
1 (5) A notice under subsection (4) may be revoked or amended by
2 the Treasurer.
3 13. Delegation except of powers and duties under Parts 5 and 6
4 (1) The Authority may delegate under this section to a person any
5 power or duty of the Authority except --
6 (a) this power of delegation; and
7 (b) a power or duty under Part 5 or 6 in respect of a
8 redevelopment area.
9 (2) If a person is not an LRC, a committee established under
10 section 112, a member of the Authority's board of management
11 or a staff member, a power or duty can only be delegated to the
12 person under this section if the person has been approved for the
13 purposes of this section by the Minister.
14 (3) An approval under subsection (2) may be given in respect of --
15 (a) a specified public sector employee or public sector
16 employees of a specified class; or
17 (b) the holder or holders for the time being of a specified
18 office or class of office in a public sector agency.
19 (4) In subsection (3) --
20 public sector agency means --
21 (a) an agency as defined in the Public Sector Management
22 Act 1994 section 3(1); or
23 (b) a non-SES organisation as defined in the Public Sector
24 Management Act 1994 section 3(1);
25 public sector employee means a person employed in a public
26 sector agency.
27 (5) A person to whom a power or duty is delegated under this
28 section cannot delegate that power or duty.
page 9
Metropolitan Redevelopment Authority Bill 2011
Part 2 Metropolitan Redevelopment Authority
Division 2 Functions of Authority
s. 14
1 14. Delegation of powers and duties under Parts 5 and 6
2 (1) Subject to the regulations referred to in subsection (3)(b), the
3 Authority may delegate under this section any power or duty of
4 the Authority under Part 5 or 6 in respect of a redevelopment
5 area to --
6 (a) an LRC established for the redevelopment area; or
7 (b) a committee established under section 112; or
8 (c) a person specified in regulations as a person to whom
9 the power or duty can be delegated under this section.
10 (2) A person to whom a power or duty is delegated under this
11 section cannot delegate that power or duty.
12 (3) Regulations may --
13 (a) prescribe any of the following --
14 (i) a specified public sector employee or public
15 sector employees of a specified class;
16 (ii) the holder or holders for the time being of a
17 specified office or class of office in a public
18 sector agency,
19 as persons to whom powers or duties can be delegated
20 by the Authority under subsection (1)(c);
21 (b) provide for powers and duties that cannot be delegated
22 under this section;
23 (c) provide for the exercise and performance of powers and
24 duties delegated under this section.
25 (4) In subsection (3)(a) --
26 public sector agency means --
27 (a) an agency as defined in the Public Sector Management
28 Act 1994 section 3(1); or
29 (b) a non-SES organisation as defined in the Public Sector
30 Management Act 1994 section 3(1);
page 10
Metropolitan Redevelopment Authority Bill 2011
Metropolitan Redevelopment Authority Part 2
Functions of Authority Division 2
s. 15
1 public sector employee means a person employed in a public
2 sector agency.
3 15. Subdelegation of delegated WAPC powers
4 (1) The PAD Act section 16(7A) authorises the Authority to
5 subdelegate to an LRC the exercise or performance of any
6 function delegated under section 16(1) of that Act to the
7 Authority.
8 (2) A subdelegation referred to in subsection (1) takes effect when
9 notice of the subdelegation is published in the Gazette under the
10 PAD Act section 16(7B).
11 (3) An LRC may exercise or perform any functions under the PAD
12 Act that are subdelegated to it under section 16(7A) of that Act,
13 despite those functions being exercised or performed outside of
14 the redevelopment area for which the LRC is established.
15 16. General provisions about delegations
16 (1) A delegation under section 13 or 14 must be in writing executed
17 by the Authority.
18 (2) A person exercising or performing a power or duty that has been
19 delegated to the person under section 13 or 14 is to be taken to
20 do so in accordance with the terms of the delegation unless the
21 contrary is shown.
22 (3) A delegated power or duty that is properly exercised or
23 performed by the person to whom it is delegated under
24 section 13 or 14 is taken to have been exercised or performed by
25 the Authority.
26 (4) Nothing in section 13 or 14 limits the ability of the Authority to
27 perform a function through a staff member or an agent.
28 (5) Sections 13 and 14 do not apply to the execution of documents
29 but authority to execute documents on behalf of the Authority
30 can be given under section 125.
page 11
Metropolitan Redevelopment Authority Bill 2011
Part 2 Metropolitan Redevelopment Authority
Division 2 Functions of Authority
s. 17
1 17. Authority to comply with written laws
2 This Act must not be read as conferring on the Authority in the
3 performance of its functions any immunity from the operation
4 of any written law.
5 Subdivision 2 -- Powers in relation to land
6 18. General powers as to land
7 (1) Subject to section 8(5) and regulations made under section 7(3),
8 the Authority, for the purposes of performing its functions, may
9 do any of the following in respect of land --
10 (a) acquire, hold, manage and dispose of land;
11 (b) alter, develop and improve land;
12 (c) subject to section 20, amalgamate and subdivide land.
13 (2) If the value of land to be acquired or disposed of by the
14 Authority under subsection (1)(a) in the opinion of the
15 Authority exceeds the amount prescribed by the regulations, the
16 Authority must not acquire or dispose of the land except with,
17 and in accordance with the terms of, the Minister's prior written
18 agreement.
19 19. Powers in relation to land contiguous to redevelopment area
20 (1) The Authority may exercise its powers under section 18 in
21 relation to a lot that is, in part, within a redevelopment area as if
22 the whole of the lot were in the redevelopment area, but
23 sections 21 and 22 do not apply to, or in relation to, any part of
24 the lot that is outside of the redevelopment area.
25 (2) In subsection (1) --
26 lot has the meaning given in the PAD Act section 4(1).
27 (3) Without limiting section 11(2), the Authority may pay for the
28 carrying out of any work on land that is contiguous with a
29 redevelopment area if the work is, in the opinion of the
page 12
Metropolitan Redevelopment Authority Bill 2011
Metropolitan Redevelopment Authority Part 2
Functions of Authority Division 2
s. 20
1 Authority, directly related to the improvement of the
2 redevelopment area or the functions of the Authority.
3 20. Subdivision and amalgamation, modification of PAD Act
4 (1) In this section --
5 Minister means the Planning Minister.
6 (2) For the purposes of the exercise of the Authority's powers under
7 section 18, the PAD Act sections 135 and 136, are to be read as
8 if any reference in those provisions to the WAPC were a
9 reference to the Minister and --
10 (a) subject to this section, any function of the WAPC under
11 the PAD Act in respect of an application made or
12 approval given under either of those sections is to be
13 read as a function of the Minister; and
14 (b) if, by virtue of this section, the Minister grants an
15 approval under either of those sections, the approval is
16 to be taken to be an approval of the WAPC, in particular
17 in the PAD Act section 147.
18 (3) To apply for the approval of the Minister, by virtue of
19 subsection (2), under the PAD Act section 135 or 136, the
20 Authority must --
21 (a) make a written application to the Minister which --
22 (i) must include all relevant information to enable a
23 decision to be made; and
24 (ii) may include a recommendation as to the decision
25 to be made;
26 and
27 (b) forward a copy of the application to the WAPC.
28 (4) Before the Minister, by virtue of subsection (2), makes a
29 decision under the PAD Act section 135 or 136, the Minister
30 must request the advice of the WAPC and have regard to any
31 advice provided.
page 13
Metropolitan Redevelopment Authority Bill 2011
Part 2 Metropolitan Redevelopment Authority
Division 2 Functions of Authority
s. 21
1 (5) The WAPC must provide advice to the Minister within 30 days
2 after it receives a request made under subsection (4).
3 (6) Regulations made under the PAD Act in respect of the
4 procedure for applying for approval under the PAD Act
5 section 135 or 136 do not apply in respect of an application
6 made to the Minister.
7 21. Application of Public Works Act 1902 to Authority
8 For the purposes of the Public Works Act 1902 --
9 (a) the Authority is a local authority; and
10 (b) the preparation of, and any incidental work to preparing,
11 a redevelopment scheme under Part 5 is a public work;
12 and
13 (c) development of land under, and the carrying out of, this
14 Act and any incidental work is a public work.
15 22. Compulsorily acquiring land under Land Administration
16 Act 1997
17 (1) For the purposes of the Land Administration Act 1997 Parts 9
18 and 10, development of land under, and the carrying out of, this
19 Act and any incidental work is a public work.
20 (2) The Minister may, by notice published in the Gazette, authorise
21 the taking of specified interests in specified land in a
22 redevelopment area.
23 (3) In subsection (2) --
24 specified means specified in the notice.
25 (4) For the purposes of the Land Administration Act 1997
26 section 177, a notice published under subsection (2) has effect
27 as if it were a notice of intention registered under section 170 of
28 that Act.
page 14
Metropolitan Redevelopment Authority Bill 2011
Metropolitan Redevelopment Authority Part 2
Functions of Authority Division 2
s. 23
1 (5) In applying the Land Administration Act 1997 Parts 9 and 10
2 and for the purposes of this section --
3 (a) the Land Administration Act 1997 sections 170, 171,
4 172, 173, 174, 175 and 184 do not apply; and
5 (b) the Land Administration Act 1997 sections 187, 188,
6 189, 190 and 191 do not apply to land within a
7 redevelopment area that was taken or acquired under the
8 Public Works Act 1902 or the Land Administration
9 Act 1997 before the land came within a redevelopment
10 area; and
11 (c) the Land Administration Act 1997 otherwise applies.
12 (6) If land referred to in subsection (5)(b) is not required for the
13 public work for which it was taken or acquired, the land may be
14 held or used for some other purpose authorised by this Act.
15 23. Public authority can be directed to transfer land to
16 Authority
17 (1) In this section --
18 interest in land includes an easement, right or power affecting
19 land.
20 (2) If a public authority has an estate or interest in land over which
21 it has a power of disposition and the land is in a redevelopment
22 area, the Governor, by order, may direct the public authority to
23 transfer all or a part of the estate or interest to the Authority.
24 (3) The Governor cannot exercise the power in subsection (2)
25 unless satisfied that the land is needed by the Authority for the
26 purposes of this Act.
27 (4) An order under subsection (2) must specify the estate or interest
28 to be transferred and the terms on which the transfer must be
29 made.
30 (5) A public authority must comply with a direction given to it
31 under subsection (2), despite any other written law.
page 15
Metropolitan Redevelopment Authority Bill 2011
Part 2 Metropolitan Redevelopment Authority
Division 2 Functions of Authority
s. 24
1 24. Closing thoroughfares, temporarily or permanently
2 (1) If the Authority considers it is necessary for the performance of
3 its functions to temporarily close a thoroughfare in a
4 redevelopment area to vehicles or people, wholly or partially,
5 then despite the Local Government Act 1995, it may do so in
6 such manner and for such period as it decides.
7 (2) A thoroughfare must not be closed under subsection (1) for
8 more than 3 consecutive days unless the Authority has given the
9 chief executive officer of the local government of the district in
10 which the thoroughfare is wholly or partially situated notice of
11 the closure at least 14 days before the day on which the
12 thoroughfare is first closed.
13 (3) For the purposes of permanently closing a thoroughfare in a
14 redevelopment area, the Land Administration Act 1997
15 section 58, and regulations made under that Act, apply as if each
16 reference in them to a local government --
17 (a) included a reference to the Authority; and
18 (b) did not include a reference to the local government of
19 the district in which the thoroughfare is wholly or
20 partially situated.
21 25. Conditional disposal of land
22 (1) In this section --
23 prescribed fee means a fee prescribed under the Transfer of
24 Land Act 1893 or the Registration of Deeds Act 1856;
25 Registrar means the Registrar of Titles or the Registrar of
26 Deeds and Transfers, as the case requires;
27 transferee means a person to whom the Authority disposes of
28 land under section 18(1)(a).
page 16
Metropolitan Redevelopment Authority Bill 2011
Metropolitan Redevelopment Authority Part 2
Functions of Authority Division 2
s. 25
1 (2) Any agreement between the Authority and a transferee in
2 respect of the transfer of land may do any or all of the
3 following --
4 (a) require the transferee to make improvements to the land
5 as specified in the agreement;
6 (b) restrict the transferee's ability to dispose of or deal with
7 the land;
8 (c) include any other condition or restriction;
9 (d) give the Authority rights and remedies against, and the
10 power to impose sanctions on, the transferee in relation
11 to a breach of any such condition or restriction.
12 (3) The Authority may lodge a memorial, in a form approved by the
13 Registrar, with the Registrar as to a condition or restriction in
14 such an agreement.
15 (4) On lodgment of such a memorial and after receiving any
16 prescribed fee, the Registrar must register the memorial against
17 the land concerned.
18 (5) While a memorial is registered under subsection (4) against
19 land, the Registrar must not, without the written consent of the
20 Authority, register under the Transfer of Land Act 1893 or the
21 Registration of Deeds Act 1856 any instrument affecting the
22 land.
23 (6) As soon as practicable after land against which a memorial is
24 registered under subsection (4) ceases to be subject to the
25 condition or restriction to which a memorial relates, the
26 Authority must withdraw the memorial by lodging with the
27 Registrar a withdrawal in a form approved by the Registrar.
28 (7) On lodgment of the withdrawal and after receiving any
29 prescribed fee, the Registrar must cancel the memorial.
page 17
Metropolitan Redevelopment Authority Bill 2011
Part 3 Land Redevelopment Committees
s. 26
1 Part 3 -- Land Redevelopment Committees
2 26. LRC to be established for each redevelopment area
3 (1) Subject to subsection (3), the Authority must establish and name
4 a land redevelopment committee in respect of each
5 redevelopment area.
6 (2) The Authority must comply with subsection (1) not later than
7 28 days after the date on which regulations establishing the
8 redevelopment area come into operation.
9 (3) The Authority is not required to establish an LRC in respect of a
10 redevelopment area if the Authority determines that an LRC that
11 is already established is to be taken to be established as the LRC
12 in respect of that area.
13 (4) The Authority must publish in the Gazette notice of the
14 following --
15 (a) the establishment of any LRC under subsection (1);
16 (b) any determination under subsection (3).
17 27. Function of LRC
18 The function of an LRC is to exercise or perform any powers or
19 duties delegated to it under section 13 or 14 or subdelegated to
20 it under the PAD Act section 16(7A).
21 28. Dissolution of LRC
22 (1) An LRC --
23 (a) must be dissolved by the Authority at the direction of
24 the Minister; and
25 (b) may be dissolved by the Authority on its own initiative,
26 with the approval of the Minister.
27 (2) Regulations may prescribe all matters that are required,
28 necessary or convenient to be prescribed in relation to anything
29 to be done, or that occurs, because of the dissolution of an LRC.
page 18
Metropolitan Redevelopment Authority Bill 2011
Redevelopment areas Part 4
s. 29
1 Part 4 -- Redevelopment areas
2 29. Recommendation of Minister to declare a redevelopment
3 area
4 (1) The Governor must not make regulations under section 30 or 31
5 that declare land to be, or that add land to, a redevelopment area
6 except on the recommendation of the Minister.
7 (2) Before making such a recommendation the Minister must --
8 (a) have regard to whether including the land in a
9 redevelopment area will facilitate --
10 (i) the regeneration of the area; or
11 (ii) the provision of land suitable for commercial or
12 residential purposes close to public transport; or
13 (iii) the establishment of new industries;
14 and
15 (b) have regard to --
16 (i) the likely effect of including the land in a
17 redevelopment area on the efficiency,
18 effectiveness and integrity of the land use
19 planning system provided for under the PAD
20 Act; and
21 (ii) whether including the land in a redevelopment
22 area is consistent with orderly and proper
23 planning across the State;
24 and
25 (c) advise the WAPC and each relevant local government of
26 the proposed content of the regulations; and
27 (d) allow the WAPC and each relevant local government at
28 least 30 days to make written recommendations to the
29 Minister on the proposed content of the regulations.
page 19
Metropolitan Redevelopment Authority Bill 2011
Part 4 Redevelopment areas
s. 30
1 (3) In subsection (2) --
2 relevant local government, in relation to a proposed
3 redevelopment area or a redevelopment area, means the local
4 government of any district in which the redevelopment area will
5 be, or is, wholly or partly situated.
6 (4) Without limiting subsection (2), the Minister must not
7 recommend the making of regulations to add land that is not
8 contiguous with land in an existing redevelopment area to that
9 area unless, in the Minister's opinion, the addition would be
10 consistent with the objectives of the redevelopment area
11 prescribed under section 30(5)(c).
12 (5) If the Minister recommends the making of regulations the
13 content of which is, in the Minister's opinion, significantly
14 different to any recommendation made by the WAPC under this
15 section, the Minister must cause notice of the difference to be
16 laid before each House of Parliament or dealt with under
17 section 132, within 14 days after the day on which the
18 Minister's recommendation is given.
19 (6) A notice under subsection (5) must include so much of the text
20 of the Minister's and WAPC's recommendations as is sufficient
21 to identify the area of difference.
22 (7) The text of a notice under subsection (5) must be included in the
23 annual report submitted by the accountable authority of the
24 Authority under the Financial Management Act 2006 Part 5.
25 30. Regulations may declare redevelopment areas and provide
26 for related matters
27 (1) Regulations may declare land that is --
28 (a) in the metropolitan region; and
29 (b) described in the regulations,
30 to be a redevelopment area.
page 20
Metropolitan Redevelopment Authority Bill 2011
Redevelopment areas Part 4
s. 30
1 (2) Regulations cannot be made under subsection (1) in respect of
2 land that is the subject of an improvement scheme.
3 (3) Land may be described under subsection (1)(b) by a land
4 description or by reference to a plan held by the Authority, or
5 both.
6 (4) Under subsection (1) --
7 (a) one or more separate redevelopment areas may be
8 declared; and
9 (b) more than one parcel of land may be declared to be a
10 single redevelopment area; and
11 (c) if more than one parcel is so declared, the parcels need
12 not be contiguous.
13 (5) The regulations must --
14 (a) give each redevelopment area a name for the purposes of
15 this Act; and
16 (b) if the redevelopment area is described in the regulations
17 by reference to a plan held by the Authority, include for
18 guidance a plan depicting the redevelopment area; and
19 (c) prescribe the objectives of the redevelopment area,
20 being matters that --
21 (i) are of importance to the planning and
22 development of the redevelopment area; and
23 (ii) must be taken into account in the preparation and
24 approval of a redevelopment scheme for the area
25 and the approval of development in the area.
26 (6) When regulations made under this section are laid before a
27 House of Parliament under the Interpretation Act 1984
28 section 42, they must be accompanied by --
29 (a) an explanatory statement setting out the reasons for
30 declaring the redevelopment area; and
31 (b) a plan depicting the redevelopment area.
page 21
Metropolitan Redevelopment Authority Bill 2011
Part 4 Redevelopment areas
s. 31
1 31. Regulations may amend redevelopment area
2 (1) Regulations declaring land to be a redevelopment area may be
3 amended --
4 (a) to add land to the redevelopment area; or
5 (b) to remove land from the redevelopment area.
6 (2) Regulations made for the purposes of subsection (1) may --
7 (a) delete the description of the redevelopment area and
8 substitute a new description; or
9 (b) amend the redevelopment area by reference to any
10 supplementary plan.
11 (3) When regulations made under this section are laid before a
12 House of Parliament under the Interpretation Act 1984
13 section 42, they must be accompanied by --
14 (a) a plan depicting the redevelopment area before and after
15 it was amended by the regulations; and
16 (b) an explanatory statement setting out the reasons for the
17 amendment.
18 32. Land added to redevelopment area, transitional matters
19 (1) If land is added to a redevelopment area by regulations made
20 under section 31(1)(a), the added land is not subject to the
21 approved redevelopment scheme for the area unless and until
22 the scheme is amended under section 49 to apply to the added
23 land.
24 (2) On the day on which the approved redevelopment scheme is
25 amended to apply to the added land, section 51, with any
26 necessary changes, applies in respect of the added land.
page 22
Metropolitan Redevelopment Authority Bill 2011
Redevelopment areas Part 4
s. 33
1 33. Land removed from redevelopment area, transitional
2 matters
3 If land is removed from a redevelopment area by regulations
4 made under section 31(1)(b) --
5 (a) the approved redevelopment scheme for the area ceases
6 to apply to the removed land; and
7 (b) a planning scheme that, but for section 51, would apply
8 to the land, applies to the land,
9 unless regulations made under section 35 provide otherwise.
10 34. Development applications not finalised when land removed
11 (1) If, when land is removed from a redevelopment area by
12 regulations made under section 31(1)(b), a development
13 application for the land --
14 (a) has not been decided; or
15 (b) having been so decided, is the subject of an application
16 to the State Administrative Tribunal for a review that
17 has not been finalised,
18 the development application or review must be decided in
19 accordance with this Act and the approved redevelopment
20 scheme that applied at the time the application was made.
21 (2) For the purposes of subsection (1), this Act continues to apply,
22 and the Authority or Planning Minister must continue to
23 perform their functions, in relation to the development
24 application and any application for review as if the approved
25 redevelopment scheme were still in operation in relation to the
26 land.
27 35. Transitional regulations
28 (1) Regulations may be made for transitional purposes in respect of
29 land and development on that land if the land is removed from a
30 redevelopment area by regulations made under section 31(1)(b).
page 23
Metropolitan Redevelopment Authority Bill 2011
Part 4 Redevelopment areas
s. 36
1 (2) The regulations may save rights existing when the land is
2 removed or the area ceases to exist, but subject to any
3 provisions in an approved redevelopment scheme that applied to
4 the land and related to nonconforming uses.
5 36. Evidentiary matters
6 In any proceedings a plan purporting to be a copy of a plan
7 referred to in section 30(3) or 31(2) showing the boundaries or
8 any boundary of a redevelopment area is evidence of those
9 boundaries or that boundary.
page 24
Metropolitan Redevelopment Authority Bill 2011
Redevelopment schemes Part 5
Preparation and approval of redevelopment schemes Division 1
s. 37
1 Part 5 -- Redevelopment schemes
2 Division 1 -- Preparation and approval of
3 redevelopment schemes
4 37. Draft redevelopment scheme: work prior to declaration of
5 redevelopment area
6 (1) If the Authority decides to prepare a draft redevelopment
7 scheme for a proposed redevelopment area, the Authority may
8 consult --
9 (a) any local government of a district in which is land to
10 which it is proposed the draft will relate; and
11 (b) any public authority or person that the Authority
12 considers would be likely to be affected by the scheme if
13 it were approved.
14 (2) The Authority may do other preliminary work in relation to the
15 preparation of a proposed redevelopment scheme for a proposed
16 redevelopment area prior to the declaration of the
17 redevelopment area but cannot act under section 39 or 40 until
18 the redevelopment area is declared.
19 38. Draft redevelopment scheme
20 (1) The Authority may prepare one or more draft redevelopment
21 schemes for a redevelopment area.
22 (2) A draft redevelopment scheme --
23 (a) may apply to all or part of a redevelopment area; and
24 (b) must specify the area to which it applies.
25 (3) A draft redevelopment scheme may include any provision that
26 the Authority considers will promote the orderly and proper
27 planning, development and management of a redevelopment
28 area.
page 25
Metropolitan Redevelopment Authority Bill 2011
Part 5 Redevelopment schemes
Division 1 Preparation and approval of redevelopment schemes
s. 38
1 (4) In preparing a draft redevelopment scheme, the Authority must
2 make reasonable endeavours to consult --
3 (a) each local government of a district in which is land to
4 which it is proposed the draft will relate; and
5 (b) any public authority or person that the Authority
6 considers would be likely to be affected by the scheme if
7 it were approved.
8 (5) Subsection (4) does not apply if the local government, public
9 authority or person has been consulted in respect of the
10 proposed scheme under section 37(1).
11 (6) In preparing a draft development scheme for all or part of a
12 redevelopment area, the Authority must have regard to the
13 following --
14 (a) any objectives for the redevelopment area prescribed for
15 the purposes of section 30(5)(c);
16 (b) the views of any local government, public authority or
17 person consulted under section 37(1);
18 (c) the views of any local government, public authority or
19 person consulted under subsection (4).
20 (7) Without limiting subsection (3), a draft redevelopment scheme
21 may --
22 (a) include any provision that may be included in a local
23 planning scheme;
24 (b) include provisions in relation to the payment of
25 redevelopment and associated costs (costs
26 contributions) by owners of land in the redevelopment
27 area, including, but not limited to, providing for --
28 (i) the criteria for requiring costs contributions;
29 (ii) the payment, recovery and waiver of costs
30 contributions;
page 26
Metropolitan Redevelopment Authority Bill 2011
Redevelopment schemes Part 5
Preparation and approval of redevelopment schemes Division 1
s. 39
1 (iii) the Authority to determine the following --
2 (I) costs contribution areas in the
3 redevelopment area;
4 (II) the purposes for which costs
5 contributions are required;
6 (III) who is liable to pay costs contributions;
7 (IV) the criteria for estimating the amount of
8 costs contributions;
9 (V) interest rates payable in respect of costs
10 contributions;
11 (iv) the Minister to approve determinations of the
12 Authority in respect of costs contributions;
13 (v) review of determinations of the Authority in
14 respect of costs contributions;
15 (c) provide that contravention of a provision of the scheme
16 is an offence and prescribe a penalty not exceeding a
17 fine of $50 000, with or without a daily penalty not
18 exceeding $5 000, in respect of the offence.
19 39. Draft redevelopment scheme to be submitted to relevant
20 local government and WAPC
21 (1) Before submitting a draft redevelopment scheme to the Minister
22 under section 41(1) the Authority must submit it to --
23 (a) the local government of each district in which is land to
24 which the draft relates; and
25 (b) the WAPC.
26 (2) At any time before a draft redevelopment scheme is submitted
27 to the Minister under section 41(1) --
28 (a) the local government and the WAPC may give the
29 Authority written submissions about the draft
30 redevelopment scheme; and
31 (b) the Authority may amend the draft to take account of
32 those submissions.
page 27
Metropolitan Redevelopment Authority Bill 2011
Part 5 Redevelopment schemes
Division 1 Preparation and approval of redevelopment schemes
s. 40
1 40. Draft redevelopment scheme to be referred to EPA
2 (1) The Authority must refer any draft redevelopment scheme to the
3 EPA, together with such written information about it as is
4 sufficient to enable the EPA to comply with the EP Act
5 section 48A in relation to it.
6 (2) If, under the EP Act section 48A(1)(b)(i), the EPA informs the
7 Authority that the draft should be assessed by the EPA under the
8 EP Act Part IV Division 3, the Authority must --
9 (a) within 7 days after the last day on which submissions
10 may be made to the Authority under section 44, send the
11 EPA a copy of each submission made under section 44
12 that relates wholly or in part to any environmental issue
13 raised by the draft; and
14 (b) within 42 days after that last day, or such longer period
15 as the Minister allows, advise the EPA of the
16 Authority's views on and response to each
17 environmental issue to which any such submission
18 relates.
19 (3) If, under the EP Act section 48C(1)(a), the EPA requires the
20 Authority to undertake an environmental review of the draft, the
21 Authority must, if it wants to proceed with the draft --
22 (a) undertake the review in accordance with the instructions
23 issued under that section; and
24 (b) report to the EPA on the review.
25 (4) If the EPA advises the Authority that the environmental review
26 has not been undertaken in accordance with the instructions
27 issued under the EP Act section 48C(1)(a), the Authority
28 may --
29 (a) ask the Minister to consult with the Environment
30 Minister and, if possible, agree with him or her on
31 whether or not the review has been undertaken in
32 accordance with those instructions; or
33 (b) comply with subsection (3).
page 28
Metropolitan Redevelopment Authority Bill 2011
Redevelopment schemes Part 5
Preparation and approval of redevelopment schemes Division 1
s. 41
1 (5) If pursuant to a request made under subsection (4)(a) the
2 Minister and the Environment Minister consult then --
3 (a) if they agree whether or not the review has been
4 undertaken in accordance with the instructions issued
5 under the EP Act section 48C(1)(a), their decision is
6 final and cannot be appealed;
7 (b) if they cannot agree, the EP Act section 48J applies.
8 41. Draft redevelopment scheme to be submitted to Minister for
9 publication approval
10 (1) After the Authority prepares a draft redevelopment scheme, the
11 Authority must submit to the Minister --
12 (a) the draft; and
13 (b) any submissions in respect of the draft made by a local
14 government or the WAPC under section 39(2).
15 (2) The draft redevelopment scheme must not be submitted to the
16 Minister before --
17 (a) each local government to which the draft was submitted
18 under section 39(1) and the WAPC have made final
19 submissions under section 39(2) in respect of the draft;
20 or
21 (b) 42 days have elapsed since the Authority complied with
22 section 39(1) in respect of the draft,
23 whichever occurs first.
24 (3) If under section 40(3) the Authority is required to undertake an
25 environmental review, the draft redevelopment scheme must not
26 be submitted to the Minister before the Authority has sent the
27 review to the EPA and --
28 (a) either --
29 (i) the EPA has advised the Authority; or
30 (ii) under section 40(5)(a) it is agreed; or
page 29
Metropolitan Redevelopment Authority Bill 2011
Part 5 Redevelopment schemes
Division 1 Preparation and approval of redevelopment schemes
s. 42
1 (iii) under the EP Act section 48J it is decided,
2 that the review has been undertaken in accordance with
3 the instructions issued under the EP Act
4 section 48C(1)(a); or
5 (b) 30 days have elapsed since the day on which the review
6 was sent to the EPA and the EPA has not advised
7 whether or not the review has been undertaken in
8 accordance with those instructions,
9 whichever occurs first.
10 (4) If under the EP Act section 48C the Authority is required to
11 provide to the EPA a contaminated sites auditor's report on a
12 draft redevelopment scheme, the draft redevelopment scheme
13 must not be submitted to the Minister before 30 days have
14 elapsed since the day on which the report was provided to the
15 EPA.
16 42. Minister's functions as to draft redevelopment scheme
17 Having considered a draft redevelopment scheme submitted
18 under section 41, the Minister may --
19 (a) consent to the public notification of the draft; or
20 (b) refuse to consent and require the Authority to prepare
21 another or an amended draft in accordance with
22 instructions given by the Minister.
23 43. Public notification of draft redevelopment scheme
24 (1) If under section 42(a), the Minister consents to the public
25 notification of a draft redevelopment scheme, the Authority
26 must publish a notice stating the following --
27 (a) where and when a copy of the draft can be inspected;
28 (b) where and when a copy of the draft can be obtained;
29 (c) the effect of section 44;
30 (d) the period within which submissions about the draft can
31 be made, set under subsection (3).
page 30
Metropolitan Redevelopment Authority Bill 2011
Redevelopment schemes Part 5
Preparation and approval of redevelopment schemes Division 1
s. 44
1 (2) The notice must be published --
2 (a) in the Gazette; and
3 (b) in 2 issues of a newspaper circulating throughout the
4 State.
5 (3) The period within which submissions about the draft can be
6 made must be set by the Authority, and must not be less than
7 60 days after the day on which the notice is published in the
8 Gazette.
9 (4) Regulations made under this Act may prescribe a fee for
10 obtaining a copy of a draft redevelopment scheme.
11 44. Public submissions on draft redevelopment scheme
12 Any person may, within the period set under section 43(3),
13 make a written submission to the Authority about a draft
14 redevelopment scheme.
15 45. Draft redevelopment scheme to be submitted to Minister for
16 final approval
17 (1) After section 43 has been complied with and the period within
18 which submissions about a draft redevelopment scheme can be
19 made has elapsed, the Authority must submit the draft to the
20 Minister.
21 (2) The draft may include amendments that take account of any
22 submission made under section 44.
23 (3) The draft must be accompanied by --
24 (a) a summary of all the submissions made under
25 section 44; and
26 (b) a report of the Authority on the merits of those
27 submissions.
page 31
Metropolitan Redevelopment Authority Bill 2011
Part 5 Redevelopment schemes
Division 1 Preparation and approval of redevelopment schemes
s. 46
1 46. Recommendation of WAPC
2 (1) The Authority must give the WAPC a copy of a draft
3 redevelopment scheme submitted to the Minister under
4 section 45(1).
5 (2) The WAPC may give the Minister a written recommendation
6 to --
7 (a) approve the draft redevelopment scheme; or
8 (b) refuse to approve the draft redevelopment scheme.
9 (3) A recommendation under subsection (2)(b) may include a
10 recommendation that the Minister require the Authority to
11 prepare another or an amended draft redevelopment scheme in
12 accordance with recommendations given by the WAPC.
13 (4) The WAPC must give its recommendation, if any, as soon as is
14 practicable and, in any event, not later than 30 days after the
15 Authority complies with subsection (1) in respect of the draft
16 redevelopment scheme.
17 (5) The Minister must not act under section 47(1) until --
18 (a) the WAPC has made its recommendation on the draft
19 redevelopment scheme; or
20 (b) 30 days have elapsed since the Authority complied with
21 subsection (1) in respect of the draft redevelopment
22 scheme.
23 47. Minister's functions in deciding final approval
24 (1) After considering a draft redevelopment scheme submitted to
25 him or her under section 45 by the Authority and any
26 recommendation given by the WAPC under section 46, the
27 Minister must --
28 (a) approve the draft redevelopment scheme; or
29 (b) refuse to approve the draft redevelopment scheme; or
page 32
Metropolitan Redevelopment Authority Bill 2011
Redevelopment schemes Part 5
Preparation and approval of redevelopment schemes Division 1
s. 47
1 (c) approve the draft redevelopment scheme subject to
2 amendments being made to it, as directed by the
3 Minister.
4 (2) The Minister must not act under subsection (1) --
5 (a) until --
6 (i) under the EP Act section 48A(1)(a), the EPA has
7 informed the Authority that the EPA considers
8 that the draft should not be assessed by the EPA
9 under the EP Act Part IV Division 3; or
10 (ii) the 28 day period referred to in the EP Act
11 section 48A(1)(b)(i) has expired without the EPA
12 having, under that section, informed the
13 Authority; or
14 (iii) if a statement has been delivered under the EP
15 Act section 48F(2) setting out the conditions, if
16 any, to which the draft should be subject -- the
17 Minister is satisfied the submitted draft meets
18 those conditions; or
19 (iv) if a decision has been made under the EP Act
20 section 48J on the conditions, if any, to which
21 the draft should be subject -- the Minister is
22 satisfied the submitted draft meets those
23 conditions,
24 whichever occurs first; or
25 (b) if, under the EP Act section 48A(2)(b), the Minister and
26 the Environment Minister have made an agreement.
27 (3) The Minister must have regard to the objectives for the
28 redevelopment area prescribed for the purposes of
29 section 30(5)(c) when deciding whether to approve a draft
30 redevelopment scheme for that area.
31 (4) If the Minister approves a draft redevelopment scheme the
32 content of which is, in the Minister's opinion, significantly
33 different to any recommendation given by the WAPC under
page 33
Metropolitan Redevelopment Authority Bill 2011
Part 5 Redevelopment schemes
Division 1 Preparation and approval of redevelopment schemes
s. 48
1 section 46, the Minister must cause notice of the difference to
2 be laid before each House of Parliament or dealt with under
3 section 132, within 14 days after the scheme start day.
4 (5) A notice under subsection (4) must include so much of the text
5 of the draft and of the recommendation as is sufficient to
6 identify the area of difference.
7 (6) The text of a notice under subsection (4) must be included in the
8 annual report submitted by the accountable authority of the
9 Authority under the Financial Management Act 2006 Part 5.
10 (7) If the Minister refuses to approve a draft redevelopment
11 scheme, the Minister may give directions to the Authority as to
12 the preparation of a further draft redevelopment scheme and as
13 to the submission of the scheme under section 41 or 45 as the
14 Minister may specify.
15 (8) Sections 115 and 116, with any necessary changes, apply to a
16 direction under subsection (7).
17 48. Gazettal and operation of approved redevelopment scheme
18 (1) If under section 47 the Minister approves a redevelopment
19 scheme, the Authority must publish in the Gazette a notice of --
20 (a) the approval; and
21 (b) the day on which the approved redevelopment scheme
22 comes into operation; and
23 (c) where and when a copy of the approved redevelopment
24 scheme can be inspected; and
25 (d) where and when a copy of the approved redevelopment
26 scheme can be obtained.
27 (2) An approved redevelopment scheme comes into operation on
28 the day after the day on which the notice is published under
29 subsection (1) or on a later day specified in the scheme.
page 34
Metropolitan Redevelopment Authority Bill 2011
Redevelopment schemes Part 5
Amendment and repeal of approved redevelopment scheme Division 2
s. 49
1 (3) An approved redevelopment scheme must be made available by
2 the Authority for inspection by the public during office hours
3 free of charge.
4 (4) Regulations made under this Act may prescribe a fee for
5 obtaining a copy of an approved redevelopment scheme.
6 Division 2 -- Amendment and repeal of approved
7 redevelopment scheme
8 49. Amendment of approved redevelopment scheme
9 (1) The Authority may prepare a draft amendment to an approved
10 redevelopment scheme.
11 (2) Sections 40 to 48, with necessary changes, apply to a draft
12 amendment or an amendment as if --
13 (a) any reference in those sections to a draft redevelopment
14 scheme were a reference to the draft amendment; and
15 (b) in section 42(b) the words "and may require" were
16 substituted for "and require";
17 (c) the reference in section 43(3) to 60 days were a
18 reference to 42 days; and
19 (d) the reference in section 47(7) to a further draft
20 redevelopment scheme were a reference to a further
21 draft amendment; and
22 (e) any reference in section 48 to an approved
23 redevelopment scheme were a reference to an approved
24 amendment.
25 50. Repeal of approved redevelopment scheme
26 (1) An approved redevelopment scheme that, immediately before a
27 redevelopment area ceases to exist, applied to the
28 redevelopment area is to be taken to have been repealed when
29 the redevelopment area ceases to exist.
page 35
Metropolitan Redevelopment Authority Bill 2011
Part 5 Redevelopment schemes
Division 3 Effect of redevelopment scheme
s. 51
1 (2) An approved redevelopment scheme may be repealed by a
2 subsequent redevelopment scheme.
3 Division 3 -- Effect of redevelopment scheme
4 51. Effect of approved redevelopment scheme on planning
5 schemes
6 (1) On the scheme start day for land in a redevelopment area, any
7 planning scheme that applies to the land immediately before that
8 day ceases to apply --
9 (a) to that land; and
10 (b) to any development of that land commenced on or after
11 that day.
12 (2) Subsection (1) does not affect the operation of sections 55, 56
13 and 58.
14 (3) The Interpretation Act 1984 section 37 applies in respect of
15 subsection (1) as if a planning scheme were an enactment and
16 the subsection repealed the scheme insofar as it applies to the
17 land and development of the land.
18 (4) Subsection (3) operates subject to any provision in the approved
19 redevelopment scheme that relates to nonconforming uses.
20 (5) This section does not apply in relation to a development that
21 was lawfully being carried out in the redevelopment area
22 immediately before the scheme start day.
23 (6) A development referred to in subsection (5) or in respect of
24 which all necessary approvals under the planning schemes
25 referred to in subsection (1) were in force immediately before
26 the scheme start day --
27 (a) may be lawfully carried out as if this section were not in
28 operation; and
29 (b) despite subsection (1), is governed by the PAD Act and
30 those planning schemes.
page 36
Metropolitan Redevelopment Authority Bill 2011
Redevelopment schemes Part 5
Effect of redevelopment scheme Division 3
s. 52
1 52. Inconsistency with regulations
2 (1) An approved redevelopment scheme must not be inconsistent
3 with any regulations made under this Act.
4 (2) If a provision of an approved redevelopment scheme is
5 inconsistent with regulations made under this Act, the provision
6 is void to the extent of the inconsistency.
7 53. Approved redevelopment scheme has legislative effect
8 (1) An approved redevelopment scheme has legislative effect.
9 (2) For the purposes of the Interpretation Act 1984 and to avoid
10 doubt, an approved redevelopment scheme is subsidiary
11 legislation made under this Act.
12 (3) The Interpretation Act 1984 section 41 does not apply to an
13 approved redevelopment scheme.
14 54. Authority to comply with redevelopment schemes
15 (1) The Authority must perform its functions in relation to a
16 redevelopment area in accordance with the approved
17 redevelopment scheme for that area.
18 (2) Subsection (1) does not affect the discretion conferred on the
19 Authority by section 66(1).
20 55. Applications for approval not finalised on scheme start day
21 (1) If, on the scheme start day for land in a redevelopment area, an
22 application for approval under a planning scheme for the
23 land --
24 (a) has not been decided; or
25 (b) having been so decided, is the subject of an application
26 to the State Administrative Tribunal for a review that
27 has not been finalised,
28 the application or review must be decided in accordance with
29 the PAD Act and the planning scheme that applied at the time
30 the application was made.
page 37
Metropolitan Redevelopment Authority Bill 2011
Part 5 Redevelopment schemes
Division 3 Effect of redevelopment scheme
s. 56
1 (2) For the purposes of subsection (1), the PAD Act and planning
2 scheme continue to apply, and the relevant responsible authority
3 must continue to perform its functions, in relation to the
4 application and any application for review as if the planning
5 scheme were still in operation in relation to the land.
6 56. Transitional regulations
7 (1) Regulations may be made for transitional purposes in respect of
8 land and development on it if a planning scheme ceases to apply
9 to the land under section 51.
10 (2) The regulations may save rights existing immediately before the
11 planning scheme ceased to apply, but subject to any provisions
12 in the PAD Act or any planning scheme that applied to the land
13 and related to nonconforming uses.
14 57. Minister may amend local planning scheme to conform with
15 redevelopment scheme
16 (1) The Planning Minister may, while an approved redevelopment
17 scheme is of effect, publish in the Gazette a notice amending a
18 local planning scheme that, but for section 51, would apply to
19 land to which the redevelopment scheme applies so that the
20 planning scheme is consistent with the redevelopment scheme.
21 (2) An amendment published under subsection (1) has effect, by
22 force of this subsection and without further action, on the day
23 on which the redevelopment scheme ceases to apply to the land.
24 58. Certain planning schemes affecting redevelopment area not
25 to operate until redevelopment scheme ceases to apply
26 (1) Subject to subsection (2) and without limiting section 57, this
27 Division does not prevent a planning scheme, or amendment to
28 a planning scheme, that, but for section 51, would apply to land
29 in a redevelopment area being made after a scheme start day so
30 as to commence when the redevelopment scheme ceases to
31 apply to the land.
page 38
Metropolitan Redevelopment Authority Bill 2011
Redevelopment schemes Part 5
Effect of redevelopment scheme Division 3
s. 58
1 (2) A planning scheme, or an amendment to a planning scheme,
2 made after a scheme start day, insofar as it purports to apply to
3 land in a redevelopment area, has no effect while the
4 redevelopment scheme has effect.
page 39
Metropolitan Redevelopment Authority Bill 2011
Part 6 Development control in redevelopment area
Division 1 State bound
s. 59
1 Part 6 -- Development control in redevelopment area
2 Division 1 -- State bound
3 59. Part binds State
4 This Part binds the State and, so far as the legislative power of
5 the State permits, the Crown in all its other capacities.
6 Division 2 -- Developments by Authority
7 60. Authority must get Minister's approval for development
8 (1) In this section --
9 Minister means the Planning Minister.
10 (2) The Authority must not undertake development, or cause any
11 development to be undertaken, unless the development is
12 approved by the Minister.
13 (3) If the Authority has a financial interest in the subject matter of a
14 development application by reason of its participation in a
15 business arrangement, as defined in section 11(1), the
16 Authority --
17 (a) must not make a decision on the application; and
18 (b) must forward the application to the Minister.
19 (4) The Minister must decide whether or not to approve an
20 application for approval under subsection (2) or a development
21 application forwarded under subsection (3).
22 (5) The Authority must provide the Minister with all relevant
23 information to enable a decision to be made under this section,
24 and may make a recommendation as to the decision to be made.
25 (6) Section 63 does not apply to an application by, or forwarded by,
26 the Authority for the Minister's approval under this section but
27 the Minister must, on receipt of the application, otherwise
page 40
Metropolitan Redevelopment Authority Bill 2011
Development control in redevelopment area Part 6
Development control by Authority Division 3
s. 61
1 comply with section 64 as if any reference in the section to the
2 Authority were a reference to the Minister.
3 (7) Section 65 applies to an application by, or forwarded by, the
4 Authority for the Minister's approval under this section as if --
5 (a) for the purposes of section 65(2), the application had
6 been determined to be a major application; and
7 (b) any reference in the section to the Authority were a
8 reference to the Minister.
9 (8) Sections 66 and 67 apply to --
10 (a) any application by, or forwarded by, the Authority for
11 the Minister's approval under this section; and
12 (b) any development approval under this section,
13 as if any reference in those sections to the Authority were a
14 reference to the Minister.
15 Division 3 -- Development control by Authority
16 61. Application of this Division
17 It is immaterial for the purposes of this Division that a
18 development is undertaken in the performance of a function
19 vested in a person by a written law.
20 62. Undertaking unauthorised development an offence
21 (1) In this section --
22 development approval includes an approval issued under
23 section 60.
24 (2) A person who undertakes any development on land to which an
25 approved redevelopment scheme applies, or causes any such
26 development to be undertaken, commits an offence unless the
27 development is authorised by a development approval.
28 Penalty: a fine of $200 000 and a daily penalty of $25 000.
page 41
Metropolitan Redevelopment Authority Bill 2011
Part 6 Development control in redevelopment area
Division 3 Development control by Authority
s. 63
1 (3) A person who, while a development approval is in force,
2 undertakes any development, or causes any development to be
3 undertaken, that contravenes the approval, or any condition to
4 which the approval is subject, commits an offence.
5 Penalty: a fine of $200 000 and a daily penalty of $25 000.
6 63. Initial assessment of development application
7 (1) On receiving a development application, the Authority must
8 assess the application and determine, in accordance with criteria
9 prepared from time to time by the Authority, whether the
10 development application is --
11 (a) a standard application; or
12 (b) a major application.
13 (2) The Authority must give written notice of its determination
14 under this section to the applicant.
15 64. Notice of development application
16 (1) After assessing a development application under section 63, the
17 Authority must give written notice of the particulars of the
18 application, its determination under section 63 and of the effect
19 of section 65(1), to --
20 (a) the local government of the district in which the
21 proposed development will be carried out; and
22 (b) each local government and public authority prescribed
23 by the regulations as a local government or public
24 authority that must be notified of the development
25 application; and
26 (c) any other public authority that appears to the Authority
27 to have functions relevant to, or whose operations are
28 likely to be affected by, the proposed development.
29 (2) A person notified under subsection (1) may give the Authority a
30 written submission about the proposed development.
page 42
Metropolitan Redevelopment Authority Bill 2011
Development control in redevelopment area Part 6
Development control by Authority Division 3
s. 65
1 65. When development application must be decided
2 (1) The Authority must not decide a development application
3 until --
4 (a) at least 42 days after the day on which section 64(1)(a)
5 and (b) are complied with; or
6 (b) final submissions are made to it by each person notified
7 under section 64(1),
8 whichever occurs first.
9 (2) If the Authority does not give the applicant written notice of its
10 decision on --
11 (a) a development application determined under section 63
12 to be a standard application within 90 days after the date
13 on which it receives the application; or
14 (b) a development application determined under section 63
15 to be a major application within 120 days after the date
16 on which it receives the application,
17 or within any longer period that the Authority and the applicant
18 agree on, the application is taken to have been refused under
19 section 66.
20 (3) Despite subsection (2), the Authority may decide a development
21 application under section 66, and may give the applicant written
22 notice of its decision, after the period applicable under
23 subsection (2) has expired.
24 (4) The validity of a decision made or notified after the period
25 applicable under subsection (2) has expired is not affected by
26 the expiry of that period.
27 66. Deciding development application
28 (1) In considering a development application, the Authority must
29 have regard to the following --
30 (a) the approved redevelopment scheme that applies to the
31 land on which the development is proposed;
page 43
Metropolitan Redevelopment Authority Bill 2011
Part 6 Development control in redevelopment area
Division 3 Development control by Authority
s. 66
1 (b) the objectives for the redevelopment area in which the
2 development is proposed that are prescribed under
3 section 30(5)(c);
4 (c) any submission received from a person notified under
5 section 64;
6 (d) the requirements of orderly and proper planning;
7 (e) the desired amenity of the redevelopment area in which
8 the development is proposed.
9 (2) After considering a development application, the Authority
10 may --
11 (a) refuse to issue a development approval for the proposed
12 development; or
13 (b) issue a development approval for the proposed
14 development.
15 (3) If the Authority approves a development application, it must
16 decide the period within which any development approved must
17 be substantially commenced.
18 (4) A development approval may be issued subject to any condition
19 decided by the Authority.
20 (5) Without limiting subsection (4), the Authority --
21 (a) may impose a condition that states that the development
22 approved is approved temporarily for a period specified
23 in the condition and must cease or be demolished when
24 the period ends; and
25 (b) may impose a condition that states that the development
26 approved cannot be commenced, continued or carried
27 out until an act or event specified in the condition has
28 occurred.
29 (6) The Authority must give written notice of any decision under
30 this section to the applicant and each person notified under
31 section 64(1).
page 44
Metropolitan Redevelopment Authority Bill 2011
Development control in redevelopment area Part 6
Unauthorised developments Division 4
s. 67
1 (7) Subject to section 67 and any condition limiting the time for
2 which it remains in force, a development approval for land
3 remains in force even if the land ceases to be in a
4 redevelopment area.
5 67. Duration of development approval
6 If development approved under a development approval is not
7 substantially commenced within the period decided under
8 section 66(3), the development approval lapses.
9 68. Development may be approved after it is undertaken
10 (1) The Authority may issue a development approval for
11 development already commenced or carried out.
12 (2) Subsection (1) does not affect the operation of section 62 in
13 respect of development undertaken before approval is granted.
14 (3) Development which was unlawfully undertaken is not rendered
15 lawful by the occurrence of any subsequent event except the
16 issue of a development approval by the Authority.
17 (4) The continuation of development unlawfully commenced is to
18 be taken to be lawful upon the issue of a development approval
19 for the development.
20 69. Review of Authority's decision by SAT
21 An applicant for a development approval may apply to the State
22 Administrative Tribunal for a review, in accordance with the
23 PAD Act Part 14, of a decision of the Authority taken to have
24 been made under section 65(2) or made under section 66 in
25 respect of the applicant's application.
26 Division 4 -- Unauthorised developments
27 70. Terms used
28 In this Division --
29 development approval includes an approval under section 60;
page 45
Metropolitan Redevelopment Authority Bill 2011
Part 6 Development control in redevelopment area
Division 4 Unauthorised developments
s. 71
1 unauthorised development means a development --
2 (a) that is not the subject of a development approval; or
3 (b) that contravenes a development approval or any
4 condition to which a development approval is subject.
5 71. Unauthorised developments: Authority's powers
6 (1) The Authority, by a written notice served on the person, may --
7 (a) direct a person who is undertaking an unauthorised
8 development on land in a redevelopment area to stop
9 doing so immediately; or
10 (b) direct a person who has undertaken unauthorised
11 development on land in a redevelopment area --
12 (i) to remove, pull down, take up or alter the
13 development; and
14 (ii) to do so before a day specified in the notice
15 being a day not less than 21 days after the day on
16 which the notice is served;
17 or
18 (c) direct a person who has undertaken unauthorised
19 development on land in a redevelopment area --
20 (i) to restore the land as nearly as practicable to its
21 condition immediately before the development
22 started, to the satisfaction of the Authority; and
23 (ii) to do so before a day specified in the notice
24 being a day not less than 21 days after the day on
25 which the notice is served;
26 or
27 (d) give the person more than one of the directions
28 permitted by paragraph (a), (b) or (c).
29 (2) A person served with a notice under subsection (1) must comply
30 with any direction in the notice.
31 Penalty: a fine of $200 000 and a daily penalty of $25 000.
page 46
Metropolitan Redevelopment Authority Bill 2011
Development control in redevelopment area Part 6
Unauthorised developments Division 4
s. 72
1 72. Review of directions given under section 71
2 (1) If a person is given a direction by notice under section 71(1), the
3 person may apply to the State Administrative Tribunal for a
4 review of the direction.
5 (2) The PAD Act Part 14 applies to and in respect of an application
6 made under subsection (1).
7 (3) If an application is made under subsection (1) for a review of a
8 direction given by notice under section 71(1)(a), the direction is
9 not suspended pending the determination of the application.
10 (4) If an application is made under subsection (1) for a review of a
11 direction given by notice under section 71(1)(b) or (c), the
12 direction --
13 (a) is suspended until the application is decided, dismissed,
14 struck out or withdrawn; and
15 (b) unless the Tribunal decides to vary it or set it aside, then
16 ceases to be suspended and operates subject to any order
17 made by the Tribunal changing the day specified under
18 section 71(1)(b)(ii) or (c)(ii), as the case may be.
19 (5) If the Tribunal varies a direction given under section 71(1)(b)
20 or (c) to a person, it may, by written notice served on the
21 person, direct the person to comply with the varied direction
22 before a day specified in the notice, being a day not less than
23 21 days after the day on which the notice is served.
24 73. Authority may give effect to directions under section 71
25 (1) If a person does not comply with a direction given to the person
26 by notice under section 71(1) and --
27 (a) an application for a review is not made under
28 section 72(1) within the time allowed for doing so; or
29 (b) such an application is made and the direction is not
30 varied or set aside,
31 the Authority, subject to any order of the State Administrative
32 Tribunal, may itself do what the person was directed to do.
page 47
Metropolitan Redevelopment Authority Bill 2011
Part 6 Development control in redevelopment area
Division 5 Miscellaneous matters
s. 74
1 (2) If a person does not comply with a direction given to the person
2 by notice under section 72(5), the Authority may itself do what
3 the person was directed to do.
4 (3) The Authority may recover the costs incurred by it in exercising
5 powers under subsection (1) or (2) from the person who did not
6 comply as a debt due to the Authority in a court of competent
7 jurisdiction.
8 Division 5 -- Miscellaneous matters
9 74. Minister's powers to ensure environmental conditions are
10 met
11 (1) In this section --
12 assessed scheme means an approved redevelopment scheme
13 that is an assessed scheme within the meaning given in the
14 EP Act section 3(1);
15 environmental condition means a condition agreed under the
16 EP Act section 48F or decided under the EP Act section 48J.
17 (2) This section does not prevent or otherwise affect the application
18 of the EP Act Part V to --
19 (a) a development referred to in subsection (3); or
20 (b) pollution or environmental harm caused by any
21 noncompliance with an environmental condition
22 referred to in subsection (3).
23 (3) After receiving advice given under the EP Act section 48H(4) in
24 relation to an environmental condition that applies to an
25 assessed scheme, the Minister may, in relation to a development
26 on land to which the scheme applies, exercise one or more of
27 the following powers --
28 (a) by a written notice served on the person who is
29 undertaking the development, direct the person to stop
30 doing so for a period specified in the notice, being a
31 period that begins when the notice is served and ends
32 not more than 24 hours later;
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Metropolitan Redevelopment Authority Bill 2011
Development control in redevelopment area Part 6
Miscellaneous matters Division 5
s. 75
1 (b) cause the Authority to serve a written notice on the
2 person who is undertaking the development directing the
3 person to take such steps as are specified in the notice,
4 within such period as is specified in the notice, for the
5 purpose of --
6 (i) complying with; or
7 (ii) preventing noncompliance with,
8 the environmental condition.
9 (4) A person served with a notice under subsection (3) must comply
10 with the notice.
11 Penalty: a fine of $200 000 and a daily penalty of $25 000.
12 75. Injurious affection: compensation
13 (1) The PAD Act Part 11 Divisions 1 and 2 and sections 184(3) and
14 (4), 187 and 188, with any necessary changes, apply to land in a
15 redevelopment area as if --
16 (a) the approved redevelopment scheme for the
17 redevelopment area were a planning scheme; and
18 (b) the Authority were a responsible authority under that
19 Act; and
20 (c) in the case of land reserved or zoned for a public
21 purpose under the approved redevelopment scheme, the
22 land were reserved for a public purpose under a
23 planning scheme.
24 (2) Compensation is not payable under the PAD Act as applied by
25 subsection (1) if payment has been made for the same, or
26 substantially the same, injurious affection under that Act as in
27 operation otherwise than as applied by this section.
28 (3) If --
29 (a) a claim for compensation is made in respect of land but
30 not disposed of before the day on which an approved
31 redevelopment scheme operates in respect of the land;
32 and
page 49
Metropolitan Redevelopment Authority Bill 2011
Part 6 Development control in redevelopment area
Division 5 Miscellaneous matters
s. 75
1 (b) the claim is one that might have been made under this
2 section,
3 the claim may be continued after that day as if it had been made
4 under this section.
page 50
Metropolitan Redevelopment Authority Bill 2011
General administration of Authority and LRCs Part 7
Board of management of Authority Division 1
s. 76
1 Part 7 -- General administration of Authority
2 and LRCs
3 Division 1 -- Board of management of Authority
4 76. Board is governing body
5 (1) The Authority is to have a board of management.
6 (2) The board of management is the governing body of the
7 Authority and, in the name of the Authority, is to perform the
8 functions of the Authority under this Act or any other written
9 law.
10 77. How board is constituted
11 (1) The Authority's board of management consists of 7 members
12 appointed by the Minister of whom --
13 (a) one is to be an appointed member of the board of
14 management of the WAPC nominated by the WAPC;
15 and
16 (b) one is to be a person who in the opinion of the Minister
17 has knowledge of or experience in local government;
18 and
19 (c) each of the others is to be a person who in the opinion of
20 the Minister has a relevant qualification.
21 (2) A relevant qualification for the purposes of subsection (1)(c) is
22 knowledge of and experience in one or more of the fields of
23 urban planning, business management, property development,
24 financial management, engineering, transport, housing, tourism
25 development, planning law or community affairs.
26 (3) A person who is a staff member is not eligible to be appointed
27 to the Authority's board of management.
28 (4) The Minister is to designate one of the members appointed
29 under subsection (1)(b) or (c) to be the chairperson of the board
30 and another to be the deputy chairperson of the board.
page 51
Metropolitan Redevelopment Authority Bill 2011
Part 7 General administration of Authority and LRCs
Division 2 Land Redevelopment Committees
s. 78
1 78. Remuneration and allowances
2 Members of the Authority's board of management are entitled
3 to be paid out of the funds of the Authority any remuneration
4 and allowances that the Minister may from time to time
5 determine on the recommendation of the Public Sector
6 Commissioner.
7 79. Term of office
8 (1) The term for which the Minister appoints a person to be a
9 member of the Authority's board of management is to be fixed
10 in the instrument of appointment and is to be no longer than
11 3 years.
12 (2) A person's eligibility for reappointment or the term for which a
13 person may be reappointed is not affected by an earlier
14 appointment.
15 Division 2 -- Land Redevelopment Committees
16 80. How LRC is constituted
17 (1) An LRC consists of 5 members appointed by the Minister of
18 whom --
19 (a) one is to be a member of the Authority's board of
20 management nominated by the Authority; and
21 (b) one is to be a person nominated in accordance with
22 section 81; and
23 (c) each of the others is to be a person who in the opinion of
24 the Minister has a relevant qualification.
25 (2) A relevant qualification for the purposes of subsection (1)(c) is
26 knowledge of and experience in one or more of the fields of
27 urban planning, business management, property development,
28 financial management, engineering, transport, housing, tourism
29 development, planning law or community affairs.
page 52
Metropolitan Redevelopment Authority Bill 2011
General administration of Authority and LRCs Part 7
Land Redevelopment Committees Division 2
s. 81
1 (3) The Authority may provide the Minister with its
2 recommendation as to who should be appointed to the LRC
3 under subsection (1)(b) or (c).
4 (4) The Minister must have regard to any recommendation received
5 under subsection (3) but is not required to follow the
6 recommendation.
7 (5) Not more than 2 members of an LRC may be members of the
8 Authority's board of management.
9 (6) A person who is a staff member is not eligible to be appointed
10 to an LRC.
11 (7) The Minister may, in the instrument of appointment of a
12 member, designate the member to be the chairperson or the
13 deputy chairperson of the LRC.
14 (8) If the Minister does not designate a chairperson under
15 subsection (7), the member appointed under subsection (1)(a) is
16 the chairperson of the LRC.
17 (9) If the Minister does not designate a deputy chairperson under
18 subsection (7), the members of the LRC are to appoint one of
19 their number as the deputy chairperson.
20 81. Nominations for appointment under section 80(1)(b)
21 (1) In this section --
22 relevant local government, in relation to an LRC, means the
23 local government of a district in which the redevelopment area
24 in respect of which the LRC is established is wholly or partly
25 situated.
26 (2) Whenever it is necessary to appoint a member of an LRC under
27 section 80(1)(b), the Minister must, in writing, request each
28 relevant local government to nominate 3 persons for
29 appointment.
30 (3) If within 42 days after the date on which the Minister makes a
31 request under subsection (2) each relevant local government has
page 53
Metropolitan Redevelopment Authority Bill 2011
Part 7 General administration of Authority and LRCs
Division 2 Land Redevelopment Committees
s. 82
1 nominated 3 persons for appointment, the Minister must appoint
2 one of the persons nominated.
3 (4) If within 42 days after the date on which the Minister makes a
4 request under subsection (2) each relevant local government has
5 not nominated 3 persons for appointment, the Minister may
6 appoint under section 80(1)(b) a person who in the opinion of
7 the Minister has knowledge of or experience in local
8 government and that person is to be regarded as having been
9 nominated under this section.
10 (5) The Minister may have regard to a nomination made by a
11 relevant local government when making an appointment
12 referred to in subsection (4) but is not required to appoint a
13 person so nominated.
14 82. Appointment of initial LRC members
15 (1) In this section --
16 appointment period, in relation to a member of an LRC,
17 means --
18 (a) in the case of a member referred to in section 80(1)(a) or
19 (c), the period ending 60 days after the Authority
20 establishes the LRC under section 26; and
21 (b) in the case of a member referred to in section 80(1)(b),
22 the period ending 72 days after the date on which the
23 Minister first makes a request under section 81(2) in
24 respect of the member.
25 (2) If the Minister does not appoint a member of an LRC before the
26 end of the appointment period in respect of that member, the
27 Minister must --
28 (a) prepare a statement setting out the reason for not
29 appointing the member; and
30 (b) cause a copy of the statement to be laid before each
31 House of Parliament, or dealt with under section 132,
32 not later than 10 days after the day on which the
33 appointment period ends.
page 54
Metropolitan Redevelopment Authority Bill 2011
General administration of Authority and LRCs Part 7
Provisions that apply to Authority's board of management and Division 3
to LRCs
s. 83
1 83. Remuneration and allowances
2 Members of an LRC are entitled to be paid out of the funds of
3 the Authority any remuneration and allowances that the
4 Minister may from time to time determine on the
5 recommendation of the Public Sector Commissioner.
6 84. Term of office
7 (1) The term for which the Minister appoints a person to be a
8 member of an LRC is to be fixed in the instrument of
9 appointment and is to be no longer than 2 years.
10 (2) A person's eligibility for reappointment or the term for which a
11 person may be reappointed is not affected by an earlier
12 appointment.
13 Division 3 -- Provisions that apply to Authority's board of
14 management and to LRCs
15 Subdivision 1 -- General provisions
16 85. Term used: member
17 In this Subdivision --
18 member means a member of the Authority's board of
19 management or a member of an LRC.
20 86. Casual vacancies
21 (1) The office of a member becomes vacant if the member --
22 (a) dies, resigns or is removed from office under this
23 section; or
24 (b) is, according to the Interpretation Act 1984 section 13D,
25 a bankrupt or a person whose affairs are under
26 insolvency laws; or
27 (c) is convicted of an offence punishable by imprisonment
28 for more than 12 months; or
29 (d) is convicted of an offence against section 97(1) or (2); or
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1 (e) in the case of a person appointed under section 77(1)(a),
2 ceases to be a member of the board of management of
3 the WAPC; or
4 (f) in the case of a person appointed under section 80(1)(a),
5 ceases to be a member of the Authority's board of
6 management.
7 (2) A member may at any time resign from office by written
8 resignation given to the Minister.
9 (3) The Minister may remove a member from office on the grounds
10 of --
11 (a) neglect of duty; or
12 (b) misconduct or incompetence; or
13 (c) mental or physical incapacity to carry out the person's
14 duties in a satisfactory manner; or
15 (d) absence, without leave, from 3 consecutive meetings of
16 the board or LRC, as the case requires, of which the
17 member has had notice.
18 (4) If --
19 (a) under section 26(3) the Authority determines that an
20 LRC that is already established in respect of a
21 redevelopment area is to be taken to be established as
22 the LRC in respect of a redevelopment area that includes
23 part or all of a local government district that was not
24 previously included in a redevelopment area in respect
25 of which the LRC was already established (a new
26 district); or
27 (b) a redevelopment area is amended to include part or all of
28 a local government district that was not previously
29 included in that area (a new district),
30 the local government of the new district may, within 42 days of
31 the determination or amendment taking effect, nominate a
32 person for appointment under section 80(1)(b).
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1 (5) If the Minister decides to appoint a person nominated under
2 subsection (4), the Minister may --
3 (a) remove from office the member appointed under
4 section 80(1)(b); and
5 (b) appoint under section 80(1)(b) the person nominated
6 under subsection (4).
7 87. Extension of term of office during vacancy in membership
8 (1) If the office of a member becomes vacant because the member's
9 term of office expires by effluxion of time, the member is taken
10 to continue to be a member during that vacancy until the date on
11 which the vacancy is filled (whether by reappointment of the
12 member or appointment of a successor to the member).
13 (2) However, subsection (1) ceases to apply if the member resigns
14 or is removed from office under section 86.
15 (3) The maximum period for which a member is taken to continue
16 to be a member under this section after the member's term of
17 office expires is 3 months.
18 88. Leave of absence
19 (1) The Authority's board of management may, on any terms and
20 conditions it thinks fit, grant a member of the board leave to be
21 absent from office.
22 (2) An LRC may, on any terms and conditions it thinks fit, grant a
23 member of the LRC leave to be absent from office.
24 89. Deputy chairperson acting as chairperson
25 (1) If the chairperson of the Authority's board of management or of
26 an LRC is unable to act because of sickness, absence or other
27 cause or if there is no chairperson, the deputy chairperson of the
28 board or LRC, as the case requires, is to act in the chairperson's
29 place.
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1 (2) An act or omission of the deputy chairperson acting in the
2 chairperson's place cannot be questioned on the ground that the
3 occasion to act in the chairperson's place had not arisen or had
4 ceased.
5 90. Alternate members
6 (1) In this section --
7 cause includes --
8 (a) illness; and
9 (b) absence; and
10 (c) the operation of section 98(1).
11 (2) If a member other than the chairperson of the Authority's board
12 of management or of an LRC is unable for any cause to act as a
13 member, the Minister may appoint another person as an
14 alternate member to act temporarily in the member's place.
15 (3) If the deputy chairperson of the Authority's board of
16 management or of an LRC is unable for any cause to act in
17 place of the chairperson at a meeting --
18 (a) the members present may elect one of their number to
19 act as chairperson; and
20 (b) subsection (2) applies as if the member elected were
21 absent from the meeting.
22 (4) While acting in accordance with the appointment the alternate
23 member is to be taken to be, and to have any entitlement of, a
24 member.
25 (5) An act or omission of an alternate member cannot be questioned
26 on the ground that the occasion for the appointment or acting
27 had not arisen or had ceased.
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1 Subdivision 2 -- Disclosure of material personal interests
2 91. Terms used
3 In this Subdivision --
4 committee means a committee established under section 112;
5 member means --
6 (a) a member of the Authority's board of management; or
7 (b) a member of an LRC; or
8 (c) a member of a committee.
9 92. When a member has a material personal interest
10 For the purposes of this Subdivision, a member has a material
11 personal interest in a matter if either --
12 (a) the member; or
13 (b) a person with whom the member is closely associated,
14 has --
15 (c) a direct or indirect financial interest in the matter; or
16 (d) a proximity interest in the matter.
17 93. Financial interest
18 (1) For the purposes of this Subdivision, a person has a financial
19 interest in a matter if it is reasonable to expect that the matter
20 will, if dealt with by the Authority, an LRC or a committee in a
21 particular way, result in a financial gain, loss, benefit or
22 detriment for the person.
23 (2) A reference in this Subdivision to an indirect financial interest
24 of a person in a matter includes a reference to a financial
25 relationship between that person and another person who
26 requires a decision by the Authority, an LRC or a committee in
27 relation to the matter.
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1 94. Proximity interest
2 (1) For the purposes of this Subdivision, a person has a proximity
3 interest in a matter if the matter concerns --
4 (a) a proposed change to a redevelopment scheme affecting
5 land that adjoins the person's land; or
6 (b) a proposed change to the zoning or use of land that
7 adjoins the person's land; or
8 (c) a proposed development of land that adjoins the
9 person's land.
10 (2) In this section, land (the proposal land) adjoins a person's land
11 if --
12 (a) the proposal land, not being a thoroughfare, has a
13 common boundary with the person's land; or
14 (b) the proposal land, or any part of it, is directly across a
15 thoroughfare from, the person's land; or
16 (c) the proposal land is that part of a thoroughfare that has a
17 common boundary with the person's land.
18 (3) In this section a reference to a person's land is a reference to
19 any land owned by the person or in which the person has any
20 estate or interest.
21 95. Closely associated persons
22 (1) For the purposes of this Subdivision a person is to be treated as
23 being closely associated with a member if --
24 (a) the person is in partnership with the member; or
25 (b) the person is an employer of the member; or
26 (c) the person is a beneficiary under a trust, or an object of a
27 discretionary trust, of which the member is a trustee; or
28 (d) the person is a body corporate --
29 (i) of which the member is a director, secretary or
30 executive officer; or
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1 (ii) in which the member holds shares having a total
2 value exceeding --
3 (I) the amount prescribed by the
4 regulations; or
5 (II) the percentage prescribed by the
6 regulations of the total value of the
7 issued share capital of the company,
8 whichever is less;
9 or
10 (e) the person belongs to a class of persons that is
11 prescribed; or
12 (f) the person is the spouse, de facto partner or child of the
13 member and is living with the member; or
14 (g) the person has a relationship specified in any of
15 paragraphs (a) to (e) in respect of the member's spouse
16 or de facto partner if the spouse or de facto partner is
17 living with the member.
18 (2) In subsection (1)(d) --
19 value, in relation to shares, means the value of the shares
20 calculated in the manner prescribed by the regulations or using
21 the method prescribed by the regulations.
22 96. Some interests need not be disclosed
23 (1) If a member has a financial interest because the valuation of
24 land in which the member has an interest may be affected by --
25 (a) any proposed change to a redevelopment scheme; or
26 (b) any proposed change to the zoning or use of land in a
27 redevelopment area; or
28 (c) the proposed development of land in a redevelopment
29 area,
30 then, subject to subsections (2) and (3), the member is not to be
31 treated as having an interest in a matter for the purposes of
32 section 97.
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1 (2) If a member has a financial interest because the valuation of
2 land in which the member has an interest may be affected by --
3 (a) any proposed change to a redevelopment scheme for that
4 land or any land adjacent to that land; or
5 (b) any proposed change to the zoning or use of that land or
6 any land adjacent to that land; or
7 (c) the proposed development of that land or any land
8 adjacent to that land,
9 then nothing in this section prevents section 97 from applying to
10 the member.
11 (3) If a member has a financial interest because any land in which
12 the member has any interest other than an interest relating to the
13 valuation of that land or any land adjacent to that land may be
14 affected by --
15 (a) any proposed change to a redevelopment scheme; or
16 (b) any proposed change to the zoning or use of land in a
17 redevelopment area; or
18 (c) the proposed development of land in a redevelopment
19 area,
20 then nothing in this section prevents section 97 from applying to
21 the member.
22 (4) A reference in subsection (1), (2) or (3) to the development of
23 land is a reference to the development, maintenance or
24 management of the land or of services or facilities on the land.
25 97. Disclosure of material personal interest
26 (1) A member of the Authority's board of management who has a
27 material personal interest in a matter being considered or about
28 to be considered by the board must, as soon as practicable after
29 the relevant facts have come to the member's knowledge,
30 disclose the nature and extent of the interest at a meeting of the
31 board.
32 Penalty: a fine of $10 000.
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1 (2) A member of an LRC who has a material personal interest in a
2 matter being considered or about to be considered by the LRC
3 must, as soon as practicable after the relevant facts have come
4 to the member's knowledge, disclose the nature and extent of
5 the interest at a meeting of the LRC.
6 Penalty: a fine of $10 000.
7 (3) A member of a committee who has a material personal interest
8 in a matter being considered or about to be considered by the
9 committee must, as soon as practicable after the relevant facts
10 have come to the member's knowledge, disclose the nature and
11 extent of the interest at a meeting of the committee.
12 Penalty: a fine of $10 000.
13 (4) Subsection (2) applies to a person who is a member of an LRC
14 and also a member of the Authority's board of management
15 even though the person has already disclosed the nature and
16 extent of the interest at a meeting of the board.
17 (5) Subsection (3) applies to a person who is a member of a
18 committee and also a member of the Authority's board of
19 management or an LRC even though the person has already
20 disclosed the nature and extent of the interest at a meeting of the
21 board or LRC.
22 (6) A disclosure under subsection (1), (2) or (3) must be recorded in
23 the minutes of the meeting.
24 98. Voting by interested member
25 (1) A member of the Authority's board of management or a
26 member of an LRC or a committee who has a material personal
27 interest in a matter that is being considered by the board, the
28 LRC or the committee --
29 (a) must not vote, whether at a meeting or otherwise, on the
30 matter; and
31 (b) must not be present while the matter is being considered
32 at a meeting.
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1 (2) A reference in subsection (1)(a) or (b) to a matter includes a
2 reference to a proposed resolution under section 99 in respect of
3 the matter, whether relating to that member or a different
4 member.
5 (3) A member who commits a breach of a provision of this section
6 is liable to the Authority for any profit made by the member or
7 for any damage suffered by the Authority as a result of the
8 breach of that provision.
9 99. Section 98 may be declared inapplicable
10 Section 98 does not apply if --
11 (a) a member has disclosed under section 97 an interest in a
12 matter; and
13 (b) the board, the LRC or the committee, as the case
14 required has at any time passed a resolution that --
15 (i) specifies the member, the interest and the matter;
16 and
17 (ii) states that the members voting for the resolution
18 are satisfied that the interest is so trivial or
19 insignificant as to be unlikely to influence the
20 disclosing member's conduct and should not
21 disqualify the member from considering or
22 voting on the matter.
23 100. Quorum where section 98 applies
24 (1) Despite section 103(1), if a member of the Authority's board of
25 management is disqualified under section 98 in relation to a
26 matter, a quorum is present during the consideration of the
27 matter if at least 3 members are present who are entitled to vote
28 on any motion that may be moved at the meeting in relation to
29 the matter.
30 (2) The Minister may deal with a matter to the extent that the
31 Authority's board of management cannot deal with it because of
32 subsection (1).
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1 (3) Despite section 103(2), if a member of an LRC is disqualified
2 under section 98 in relation to a matter, a quorum is present
3 during the consideration of the matter if at least 2 members are
4 present who are entitled to vote on any motion that may be
5 moved at the meeting in relation to the matter.
6 (4) The Authority may deal with a matter to the extent that an LRC
7 cannot deal with it because of subsection (3).
8 101. Minister may declare sections 98 and 100 inapplicable
9 (1) The Minister may by writing declare that section 98 or 100 does
10 not apply in relation to a specified matter, either generally or for
11 the purpose of dealing with particular proposed resolutions.
12 (2) The Minister must, within 14 days after a declaration under
13 subsection (1) is made, cause the text of the declaration to be
14 laid before each House of Parliament or dealt with under
15 section 132.
16 Subdivision 3 -- Meetings
17 102. Holding meetings
18 (1) The first meeting of the Authority's board of management or an
19 LRC is to be convened by its chairperson and subsequent
20 meetings, unless convened under subsection (2), are to be held
21 at times and places determined by the Authority's board of
22 management or LRC, as the case requires.
23 (2) A special meeting of the Authority's board of management or
24 an LRC may at any time be convened by its chairperson.
25 103. Quorum
26 (1) Four members of the Authority's board of management
27 constitute a quorum.
28 (2) Three members of an LRC constitute a quorum.
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1 104. Procedure at meetings
2 (1) The Authority's board of management is to determine its own
3 meeting procedures to the extent that they are not fixed by this
4 Act.
5 (2) An LRC may determine its own meeting procedures to the
6 extent that they are not fixed by this Act but they must be
7 consistent with any directions of the Authority's board of
8 management and the terms of any delegation under which the
9 committee is acting.
10 105. Voting
11 (1) At a meeting of the Authority's board of management or an
12 LRC, each member present has a deliberative vote unless
13 section 98 prevents the member from voting.
14 (2) In the case of an equality of votes, the member presiding has a
15 casting vote in addition to a deliberative vote.
16 (3) A question is resolved according to how a majority of the votes
17 are cast.
18 106. Holding meetings remotely
19 The presence of a person at a meeting of the Authority's board
20 of management or an LRC need not be by attendance in person
21 but may be by that person and each other person at the meeting
22 being simultaneously in contact by telephone or other means of
23 instantaneous communication.
24 107. Resolution without meeting
25 A resolution in writing signed or otherwise assented to in
26 writing by each member of the Authority's board of
27 management or each member of an LRC has the same effect as
28 if it had been passed at a meeting of the board or LRC, as the
29 case requires.
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1 108. Minutes to be kept
2 (1) The Authority is to cause accurate minutes to be kept of the
3 proceedings at meetings of its board of management.
4 (2) The member presiding at a meeting of an LRC is to cause
5 accurate minutes to be kept of the meeting's proceedings.
6 (3) An LRC must submit the minutes of each meeting of the LRC
7 to the next following meeting of the Authority's board of
8 management.
9 Division 4 -- Staff, contractors and committees
10 109. Chief executive officer
11 (1) A chief executive officer of the Authority is to be appointed
12 under the Public Sector Management Act 1994 Part 3.
13 (2) Subject to the control of the Authority's board of management,
14 the chief executive officer is to administer the day-to-day
15 operations of the Authority.
16 110. Other staff
17 (1) Public service officers may be appointed under the Public
18 Sector Management Act 1994 Part 3 to enable the Authority to
19 perform its functions.
20 (2) The Authority may, subject to any relevant written law or any
21 binding award, order or industrial agreement under the
22 Industrial Relations Act 1979, employ or engage and manage
23 staff otherwise than under the Public Sector Management
24 Act 1994 Part 3.
25 (3) This section does not detract from the power that the Public
26 Sector Management Act 1994 section 100 gives the employing
27 authority of the Authority to engage a person under a contract
28 for services or appoint a person on a casual employment basis.
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1 (4) The Authority may, by arrangement on such terms as are agreed
2 with the relevant parties, make use of the services of a person
3 employed by another person.
4 111. Use of government staff and facilities
5 (1) The Authority may by arrangement with the relevant employing
6 authority make use, either full-time or part-time, of the services
7 of any officer or employee --
8 (a) in the Public Service; or
9 (b) in a State agency; or
10 (c) otherwise in the service of the State.
11 (2) The Authority may by arrangement with --
12 (a) a department of the Public Service; or
13 (b) a State agency,
14 make use of any facilities of the department or agency.
15 (3) An arrangement under subsection (1) or (2) is to be made on
16 terms agreed to by the parties.
17 112. Committees
18 (1) The Authority may, in addition to LRCs, appoint other
19 committees to assist it in the performance of its functions, and
20 may discharge or alter any committee so appointed.
21 (2) A committee may consist of or include persons who are not
22 members of the Authority.
23 (3) Members of a committee are entitled to be paid out of the funds
24 of the Authority any remuneration and allowances that the
25 Minister may from time to time determine on the
26 recommendation of the Public Sector Commissioner.
27 (4) Subject to the directions of the Authority and to the terms of any
28 delegation under section 13 or 14, a committee may determine
29 its own procedures.
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1 Part 8 -- Accountability and financial provisions
2 Division 1 -- Accountability
3 113. Business plans and operational plans
4 (1) In this section --
5 due date means the date specified by the Treasurer under
6 subsection (2) as the date before which the Authority must give
7 the Minister a business plan or operational plan.
8 (2) The Treasurer may, by written notice given to the Authority,
9 specify the date before which the Authority must give the
10 Minister its first business plan or operational plan under this
11 section or a subsequent business plan or operational plan under
12 this section.
13 (3) Before each due date, the Authority must prepare and give the
14 Minister a draft business plan or draft operational plan, as the
15 case requires.
16 (4) The regulations may make provision for and in relation to the
17 following matters --
18 (a) the manner and form in which the Authority is to
19 prepare, submit or revise a business plan or operational
20 plan;
21 (b) the period a business plan or operational plan is to
22 cover;
23 (c) the content of business plans and operational plans;
24 (d) how the Minister may deal with a business plan or
25 operational plan received from the Authority.
26 (5) Regulations referred to in subsection (4) are not to be made
27 except with the prior written approval of the Treasurer.
28 (6) If a regulation referred to in subsection (4) enables the Minister
29 to give directions to the Authority, sections 115 and 116, with
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1 any necessary changes, apply to any direction given under the
2 regulation.
3 (7) The Minister may --
4 (a) approve a draft business plan or draft operational plan
5 received from the Authority under this section; or
6 (b) refuse to approve the draft business plan or draft
7 operational plan and require the Authority to prepare
8 another or an amended draft plan.
9 (8) When the Minister approves the draft business plan or draft
10 operational plan, it becomes the Authority's business plan or
11 operational plan until the next draft business plan or draft
12 operational plan is approved under this section.
13 (9) The Authority may, with the Minister's approval, change a plan
14 approved by the Minister under this section.
15 (10) The Minister must not give approval under subsection (7)(a)
16 or (9) without the prior written approval of the Treasurer.
17 114. Minister to be kept informed
18 The Authority must --
19 (a) keep the Minister reasonably informed of the operations,
20 financial performance and financial position of the
21 Authority, including the assets and liabilities, profits and
22 losses and prospect of the Authority; and
23 (b) give the Minister reports and information that the
24 Minister requires for the making of informed
25 assessments of matters referred to in paragraph (a); and
26 (c) if matters arise that in the Authority's opinion may
27 prevent, or significantly affect, achievement of the
28 Authority's objectives and targets outlined in its
29 business plan and its operational plan, promptly inform
30 the Minister and the Treasurer of the matters and its
31 opinion in relation to them.
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s. 115
1 115. Minister may give directions
2 (1) The Minister may give written directions to the Authority with
3 respect to the performance of its functions under this or any
4 other Act, either generally or in relation to a particular matter,
5 and the Authority must give effect to any such direction when it
6 becomes effective under section 116.
7 (2) The Minister must cause the text of any direction under
8 subsection (1) to be laid before each House of Parliament or
9 dealt with under section 132 --
10 (a) within 14 days after the direction is given; or
11 (b) if the direction is the subject of a notice under the
12 Statutory Corporations (Liability of Directors) Act 1996
13 section 17, within 14 days after it is confirmed under
14 that section.
15 (3) The text of a direction under subsection (1) must be included in
16 the annual report submitted by the accountable authority of the
17 Authority under the Financial Management Act 2006 Part 5.
18 116. When directions take effect
19 (1) Subject to this section a direction under section 115(1) becomes
20 effective on the expiry of 7 days after the Authority receives it
21 or of such longer period as the Minister may, at the request of
22 the Authority's board of management, allow.
23 (2) If the Authority's board of management asks the Minister to
24 extend the 7 day period under subsection (1), the Minister must
25 decide whether or not to agree to the request and notify the
26 Authority of that decision before the 7 day period has expired.
27 (3) If a direction is the subject of a notice under the Statutory
28 Corporations (Liability of Directors) Act 1996 section 17, it
29 does not become effective before it is confirmed under that
30 section or the expiry of an extension of time notified under
31 subsection (4).
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1 (4) Despite the Statutory Corporations (Liability of Directors)
2 Act 1996 section 17(4), the Minister may, when confirming a
3 direction under that section, extend the time for the direction to
4 become effective and notify the Authority of the extension.
5 117. Minister to have access to information
6 (1) In this section --
7 document includes any tape, disk or other device or medium on
8 which information is recorded or stored mechanically,
9 photographically, electronically or otherwise;
10 information means information specified, or of a description
11 specified, by the Minister that relates to the functions of the
12 Authority under this or any other Act.
13 (2) The Minister is entitled --
14 (a) to have information in the possession of the Authority;
15 and
16 (b) if the information is in or on a document, to have, and
17 make and retain copies of, that document.
18 (3) For the purposes of subsection (2) the Minister may --
19 (a) request the Authority to furnish information to the
20 Minister;
21 (b) request the Authority to give the Minister access to
22 information;
23 (c) for the purposes of paragraph (b) make use of the staff
24 of the Authority to obtain the information and furnish it
25 to the Minister.
26 (4) The Authority must comply with a request under subsection (3)
27 and make staff and facilities available to the Minister for
28 obtaining information under subsection (3)(c).
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s. 118
1 118. Protection for disclosure or compliance with directions
2 (1) The Authority or another person performing a function under
3 this Act or any other Act is not liable --
4 (a) in respect of any claim arising as a consequence of the
5 disclosure of information or documents under
6 section 114, 117 or 123 or a duty imposed by the
7 Financial Management Act 2006 or the Auditor General
8 Act 2006; or
9 (b) for the fact of having done or omitted a thing that is
10 required to be done or omitted by a direction given
11 under this Act.
12 (2) Subsection (1) does not extend to the manner in which any thing
13 is done or omitted if it is done or omitted contrary to the
14 Statutory Corporations (Liability of Directors) Act 1996
15 section 9 or 10.
16 Division 2 -- Financial provisions
17 119. Application of Financial Management Act 2006 and Auditor
18 General Act 2006
19 The provisions of the Financial Management Act 2006 and the
20 Auditor General Act 2006 regulating the financial
21 administration, audit and reporting of statutory authorities apply
22 to and in respect of the Authority and its operations.
23 120. Metropolitan Redevelopment Authority Account
24 (1) An account called the Metropolitan Redevelopment Authority
25 Account is to be established as an agency special purpose
26 account under the Financial Management Act 2006 section 16.
27 (2) Money received by the Authority is to be credited to, and
28 money paid by the Authority is to be debited to, the Account.
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s. 121
1 121. Authority's funds
2 (1) Subject to subsection (2), the funds available for the purpose of
3 enabling the Authority to perform its functions under this or any
4 other Act consist of money that is, under this or any other Act,
5 lawfully received by or made available to, the Authority.
6 (2) Where any money has been accepted by the Authority upon
7 trust or lawful condition, the Authority must apply the money in
8 accordance with the trust or condition.
9 122. Borrowing
10 The Authority may, with the Treasurer's prior approval --
11 (a) borrow or re-borrow money;
12 (b) obtain credit;
13 (c) otherwise arrange for financial accommodation to be
14 extended to the Authority.
15 123. Notice of financial difficulty
16 (1) The Authority's board of management must notify the Minister
17 if it forms the opinion that the Authority is unable to, or will be
18 unlikely to be able to, satisfy any of its financial obligations
19 from the financial resources available or likely to be available to
20 it at the time the financial obligation is due.
21 (2) The notice must be in writing, giving reasons for the board's
22 opinion.
23 (3) Within 7 days of receipt of the notice, the Minister must --
24 (a) confer with the Treasurer and the Authority for the
25 purpose of determining what action is required to ensure
26 that the Authority is able to satisfy the relevant financial
27 obligation when it is due; and
28 (b) initiate such action as is required to ensure that the
29 Authority is able to satisfy the relevant financial
30 obligation when it is due.
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Accountability and financial provisions Part 8
Financial provisions Division 2
s. 123
1 (4) For the purposes of subsection (3) the Minister may give the
2 Authority a direction under section 115 requiring the Authority
3 to cease or limit the performance of any function.
page 75
Metropolitan Redevelopment Authority Bill 2011
Part 9 Miscellaneous
s. 124
1 Part 9 -- Miscellaneous
2 124. Modification or suspension of other laws
3 The PAD Act section 132 applies with all necessary
4 modifications for the purposes of carrying out a redevelopment
5 scheme as if any reference in that section --
6 (a) to a planning scheme were a reference to a
7 redevelopment scheme;
8 (b) to the responsible authority were a reference to the
9 Authority;
10 (c) to an Act were a reference to a written law.
11 125. Execution of documents by Authority
12 (1) The Authority is to have a common seal.
13 (2) A document is duly executed by the Authority if --
14 (a) the common seal of the Authority is affixed to it in
15 accordance with subsections (3) and (4); or
16 (b) it is signed on behalf of the Authority by a person or
17 persons authorised to do so under subsection (5).
18 (3) The common seal of the Authority is not to be affixed to any
19 document except as authorised by the Authority.
20 (4) The common seal of the Authority is to be affixed to a
21 document in the presence of the chairperson and another
22 member of the Authority's board of management, or the
23 chairperson and the chief executive officer, each of whom is to
24 sign the document to attest that the common seal was so affixed.
25 (5) The Authority may, by writing under its common seal,
26 authorise --
27 (a) any member or members of the Authority's board of
28 management; or
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Metropolitan Redevelopment Authority Bill 2011
Miscellaneous Part 9
s. 126
1 (b) any other staff member or members,
2 to sign documents on behalf of the Authority, either generally or
3 subject to conditions or restrictions specified in the
4 authorisation.
5 (6) A document purporting to be executed in accordance with this
6 section is to be presumed to be duly executed unless the
7 contrary intention is shown.
8 (7) When a document is produced bearing a seal purporting to be
9 the common seal of the Authority, it is to be presumed that the
10 seal is the common seal of the Authority unless the contrary is
11 shown.
12 126. Contract formalities
13 (1) Insofar as the formalities of making, varying or discharging a
14 contract are concerned, a person acting as authorised by the
15 Authority may make, vary or discharge a contract in the name
16 of or on behalf of the Authority in the same manner as if that
17 contract were made, varied or discharged by a natural person.
18 (2) The making, variation or discharge of a contract in accordance
19 with subsection (1) is effectual in law and binds the Authority
20 and other parties to the contract.
21 (3) Subsection (1) does not prevent the Authority from making,
22 varying or discharging the contract under its common seal.
23 127. Confidential information officially obtained
24 (1) In this section --
25 confidential information includes information that the person
26 has a duty to keep confidential regardless of how the duty of
27 confidentiality arises.
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Metropolitan Redevelopment Authority Bill 2011
Part 9 Miscellaneous
s. 128
1 (2) A person who, without lawful authority, directly or indirectly,
2 records, uses, or discloses confidential information obtained by
3 reason of any function that the person has, or at any time had, in
4 the administration of this Act commits an offence.
5 Penalty: a fine of $12 000 or 12 months imprisonment.
6 128. Protection from liability for wrongdoing
7 (1) An action in tort does not lie against a person other than the
8 Authority for anything that the person has done, in good faith, in
9 the performance or purported performance of a function under
10 this Act.
11 (2) The protection given by subsection (1) applies even though the
12 thing done as described in that subsection may have been
13 capable of being done whether or not this Act had been enacted.
14 (3) Despite subsection (1), neither the Authority nor the State is
15 relieved of any liability that it might have for another person
16 having done anything as described in that subsection.
17 (4) In this section, a reference to the doing of anything includes a
18 reference to the omission to do anything.
19 (5) Subsection (1) has effect subject to the Statutory Corporations
20 (Liability of Directors) Act 1996.
21 129. Body corporate's officers, liability of
22 (1) In this section --
23 officer of a body corporate, has the same meaning as it has in
24 the Corporations Act 2001 (Commonwealth), but does not
25 include an employee of the body unless the employee is
26 concerned in the management of the body.
27 (2) If a body corporate is convicted of an offence against this Act
28 and it is proved that --
29 (a) the offence was committed with the consent or
30 connivance of an officer of the body corporate; or
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Metropolitan Redevelopment Authority Bill 2011
Miscellaneous Part 9
s. 130
1 (b) the officer failed to exercise such due diligence to
2 prevent the commission of the offence as ought to have
3 been exercised having regard to the nature of the
4 officer's functions and to all the circumstances,
5 the officer is guilty of the same offence.
6 130. Approved forms
7 (1) The chief executive officer may approve forms for use under
8 this Act.
9 (2) An approved form may require information provided in the
10 form to be verified by statutory declaration.
11 131. Regulations
12 (1) The Governor may make regulations prescribing all matters that
13 are required or permitted by this Act to be prescribed, or are
14 necessary or convenient to be prescribed, for giving effect to the
15 purposes of this Act.
16 (2) Without limiting subsection (1), regulations may provide for
17 any or all of the following --
18 (a) procedures in relation to development applications;
19 (b) the amendment and cancellation of development
20 approvals or approvals under section 60;
21 (c) the making of statutory declarations in relation to a
22 matter;
23 (d) that an application may be made to the State
24 Administrative Tribunal for the review of a decision
25 made under the regulations;
26 (e) the imposition, collection and recovery of fees and
27 charges for the purposes of this Act, including in respect
28 of --
29 (i) development applications; and
30 (ii) other matters to which a redevelopment scheme
31 relates;
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Metropolitan Redevelopment Authority Bill 2011
Part 9 Miscellaneous
s. 132
1 (f) that contravention of a regulation is an offence, and, for
2 an offence against the regulations, a penalty not
3 exceeding a fine of $5 000.
4 (3) A fee or charge imposed under subsection (2)(e) --
5 (a) may be a specified amount or an amount calculated in a
6 specified manner; and
7 (b) for an application for approval of development that has
8 commenced or been carried out, may include an amount
9 prescribed by way of penalty.
10 132. Laying documents before House of Parliament not sitting
11 (1) If a provision of this Act requires the Minister to cause a
12 document to be laid before each House of Parliament, or be
13 dealt with under this section, within a period and --
14 (a) when the Minister is ready to act, a House of Parliament
15 is not sitting; and
16 (b) the Minister is of the opinion that the House will not sit
17 during that period,
18 the Minister must transmit a copy of the document to the Clerk
19 of that House.
20 (2) A copy of a document transmitted to the Clerk of a House is to
21 be regarded as having been laid before that House.
22 (3) The laying of a copy of a document that is regarded as having
23 occurred under subsection (2) is to be recorded in the Minutes,
24 or Votes and Proceedings, of the House on the first sitting day
25 of the House after the Clerk received the copy.
26 133. Review of Act
27 (1) The Minister must carry out a review of the operation and
28 effectiveness of this Act as soon as is practicable after the fifth
29 anniversary of the commencement of this section.
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Miscellaneous Part 9
s. 133
1 (2) In the course of the review the Minister must consider and have
2 regard to --
3 (a) the need for the continuation of this Act; and
4 (b) any other matters that appear to the Minister to be
5 relevant to the operation and effectiveness of this Act.
6 (3) The Minister must prepare a report based on that review and, as
7 soon as is practicable after the report is prepared, cause it to be
8 laid before each House of Parliament or dealt with under
9 section 132.
page 81
Metropolitan Redevelopment Authority Bill 2011
Part 10 Repeals, consequential amendments and validations
Division 1 Repeals
s. 134
1 Part 10 -- Repeals, consequential amendments
2 and validations
3 Division 1 -- Repeals
4 134. Acts repealed
5 These Acts are repealed:
6 (a) the Armadale Redevelopment Act 2001;
7 (b) the East Perth Redevelopment Act 1991;
8 (c) the Midland Redevelopment Act 1999;
9 (d) the Subiaco Redevelopment Act 1994.
10 Division 2 -- Consequential amendments
11 135. Approvals and Related Reforms (No. 4) (Planning) Act 2010
12 amended
13 (1) This section amends the Approvals and Related Reforms (No. 4)
14 (Planning) Act 2010.
15 (2) In section 56 delete the passage that begins with "(4)" and ends
16 with "section 268A.".
17 136. Constitution Acts Amendment Act 1899 amended
18 (1) This section amends the Constitution Acts Amendment Act 1899.
19 (2) In Schedule V Part 3 delete the items for:
20 The board of management of the Armadale Redevelopment Authority
21 established by the Armadale Redevelopment Act 2001.
22 The East Perth Redevelopment Authority established by the East
23 Perth Redevelopment Act 1991.
24 The Midland Redevelopment Authority established by the Midland
25 Redevelopment Act 1999.
26 The Subiaco Redevelopment Authority established by the Subiaco
27 Redevelopment Act 1994.
page 82
Metropolitan Redevelopment Authority Bill 2011
Repeals, consequential amendments and validations Part 10
Consequential amendments Division 2
s. 137
1 (3) In Schedule V Part 3 before the item for The Mines
2 Occupational Safety and Health Advisory Board insert:
3
4 The board of management of the Metropolitan
5 Redevelopment Authority established under the
6 Metropolitan Redevelopment Authority Act 2011.
7 Any land redevelopment committee established under the
8 Metropolitan Redevelopment Authority Act 2011.
9
10 137. Environmental Protection Act 1986 amended
11 (1) This section amends the Environmental Protection Act 1986.
12 (2) In section 3(1) delete the definition of scheme Act and insert:
13
14 scheme Act means any of the following Acts --
15 (a) the Planning and Development Act 2005;
16 (b) the Metropolitan Redevelopment Authority
17 Act 2011;
18 (c) the Hope Valley-Wattleup Redevelopment
19 Act 2000;
20
21 (3) In section 3(1) in the definition of final approval:
22 (a) delete paragraphs (a), (aa), (ac) and (b);
23 (b) after paragraph (f) insert:
24
25 or
26 (g) prepared under the Metropolitan
27 Redevelopment Authority Act 2011, means an
28 approval given under section 47 of that Act, or
29 under section 49 of that Act as read with that
30 section;
31
page 83
Metropolitan Redevelopment Authority Bill 2011
Part 10 Repeals, consequential amendments and validations
Division 2 Consequential amendments
s. 137
1 (4) In section 3(1) in the definition of period of public review:
2 (a) delete paragraphs (a), (aa), (ac) and (b);
3 (b) after paragraph (f) insert:
4
5 or
6 (g) prepared under the Metropolitan
7 Redevelopment Authority Act 2011, means the
8 period set and notified under section 43 of that
9 Act, or under section 49 of that Act as read with
10 that section;
11
12 (5) In section 3(1) in the definition of responsible authority
13 paragraph (a):
14 (a) delete subparagraphs (i), (ii), (iv) and (v);
15 (b) after subparagraph (ix) insert:
16
17 or
18 (x) prepared under the Metropolitan
19 Redevelopment Authority Act 2011,
20 means the Metropolitan Redevelopment
21 Authority established by that Act;
22
23 (6) In section 3(1) in the definition of scheme:
24 (a) delete paragraphs (a), (b), (d) and (e);
25 (b) after paragraph (i) insert:
26
27 or
28 (j) a redevelopment scheme prepared under
29 the Metropolitan Redevelopment Authority
30 Act 2011 or an amendment to such a
31 scheme;
32
page 84
Metropolitan Redevelopment Authority Bill 2011
Repeals, consequential amendments and validations Part 10
Consequential amendments Division 2
s. 138
1 (7) In section 48C(7) in the definition of public review:
2 (a) delete paragraphs (a), (aa), (ac) and (b);
3 (b) in paragraph (f) delete "Act." and insert:
4
5 Act; or
6
7 (c) after paragraph (f) insert:
8
9 (g) prepared under the Metropolitan
10 Redevelopment Authority Act 2011, means a
11 procedure referred to in sections 43 and 44 of
12 that Act, or in section 49 of that Act as read
13 with those sections.
14
15 138. Financial Management Act 2006 amended
16 (1) This section amends the Financial Management Act 2006.
17 (2) In Schedule 1 delete the items for:
18 Armadale Redevelopment Authority
19 East Perth Redevelopment Authority
20 Midland Redevelopment Authority
21 Subiaco Redevelopment Authority
22 (3) In Schedule 1 insert in alphabetical order:
23
24 Metropolitan Redevelopment Authority
25
26 139. Government Railways Act 1904 amended
27 (1) This section amends the Government Railways Act 1904.
page 85
Metropolitan Redevelopment Authority Bill 2011
Part 10 Repeals, consequential amendments and validations
Division 2 Consequential amendments
s. 140
1 (2) Delete section 63A(5) and insert:
2
3 (5) In subsection (2) --
4 Subiaco redevelopment area means any land that --
5 (a) immediately before the coming into operation
6 of the Metropolitan Redevelopment Authority
7 Act 2011 section 134(d), was in the area
8 referred to in the Subiaco Redevelopment
9 Act 1994 Schedule 1; and
10 (b) on the repeal of the Subiaco Redevelopment
11 Act 1994, was declared to be or to be part of, or
12 added to, a redevelopment area under
13 regulations referred to in the Metropolitan
14 Redevelopment Authority Act 2011 section 153.
15
16 140. Land Tax Assessment Act 2002 amended
17 (1) This section amends the Land Tax Assessment Act 2002.
18 (2) In section 28(2)(a) delete "the East Perth Redevelopment
19 Act 1991," and insert:
20
21 the Metropolitan Redevelopment Authority Act 2011,
22
23 141. Planning and Development Act 2005 amended
24 (1) This section amends the Planning and Development Act 2005.
25 (2) Delete section 16(6) and insert:
26
27 (6) Except as provided in subsection (7A), a delegate must
28 not further delegate any function.
29
page 86
Metropolitan Redevelopment Authority Bill 2011
Repeals, consequential amendments and validations Part 10
Consequential amendments Division 2
s. 141
1 (3) After section 16(6) insert:
2
3 (7A) If the Commission delegates a function of the
4 Commission to the Metropolitan Redevelopment
5 Authority established under the Metropolitan
6 Redevelopment Authority Act 2011, the Authority may
7 subdelegate the exercise or performance of the function
8 to any land redevelopment committee established
9 under that Act.
10 (7B) A subdelegation under subsection (7A) takes effect
11 when notice of the subdelegation is published in the
12 Gazette.
13 (7C) Subsections (4), (5) and (7) and the Interpretation
14 Act 1984 sections 58 and 59 apply to a subdelegation
15 of a function under this section in the same way as they
16 apply to a delegation of a function.
17 (7D) A subdelegate must not further delegate any function
18 subdelegated under subsection (7A).
19
20 (4) Delete section 36(c) and insert:
21
22 (c) except as provided in the Metropolitan
23 Redevelopment Authority Act 2011 section 58
24 and without limiting section 51 of that Act, to
25 make any provision in respect of any land to
26 which an approved redevelopment scheme that
27 is in operation under that Act applies; or
28
page 87
Metropolitan Redevelopment Authority Bill 2011
Part 10 Repeals, consequential amendments and validations
Division 2 Consequential amendments
s. 141
1 (5) Delete section 71 and insert:
2
3 71. Local planning schemes not to apply to
4 redevelopment areas
5 A local planning scheme must not be made or amended
6 under this Act --
7 (a) except as provided in the Metropolitan
8 Redevelopment Authority Act 2011 sections 57
9 and 58 and without limiting section 51 of that
10 Act, to make any provision in respect of any
11 land to which an approved redevelopment
12 scheme that is in operation under that Act
13 applies; or
14 (b) without limiting the Hope Valley-Wattleup
15 Redevelopment Act 2000 section 23, to make
16 any provision in respect of land in the
17 redevelopment area as defined in that Act.
18
19 (6) After section 76(3) insert:
20
21 (4) The Minister must ensure that written reasons for
22 making an order under subsection (1) are provided with
23 the order.
24 (5) The Minister must, as soon as is practicable after an
25 order is given to the local government under
26 subsection (1), cause to be laid before each House of
27 Parliament or dealt with under section 268A --
28 (a) a copy of the order; and
29 (b) a copy of the reasons for making the order.
30
page 88
Metropolitan Redevelopment Authority Bill 2011
Repeals, consequential amendments and validations Part 10
Consequential amendments Division 2
s. 141
1 (7) Delete section 112(2)(a) and insert:
2
3 (a) land to which an approved redevelopment
4 scheme under the Metropolitan Redevelopment
5 Authority Act 2011 applies; or
6
7 (8) Delete section 119(3A)(a) and insert:
8
9 (a) land to which an approved redevelopment
10 scheme under the Metropolitan Redevelopment
11 Authority Act 2011 applies; or
12
13 (9) Delete section 199(2) and insert:
14
15 (2) The Commission is also authorised to apply money
16 standing to the credit of the MRI Account to payment
17 of expenditure required for the purpose of carrying out
18 the Metropolitan Redevelopment Authority Act 2011 or
19 the Hope Valley-Wattleup Redevelopment Act 2000.
20
21 (10) Delete section 262(5) and insert:
22
23 (5) In subsection (4) a reference to a planning scheme
24 includes a reference to --
25 (a) an approved redevelopment scheme as
26 defined in the Metropolitan Redevelopment
27 Authority Act 2011 section 3; and
28 (b) a master plan approved under the Hope
29 Valley-Wattleup Redevelopment Act 2000.
30
page 89
Metropolitan Redevelopment Authority Bill 2011
Part 10 Repeals, consequential amendments and validations
Division 2 Consequential amendments
s. 142
1 (11) In section 268A(1) delete "section 77A(4) or (5), 119(5A) or
2 246(4)" and insert:
3
4 a provision of this Act
5
6 142. Public Sector Management Act 1994 amended
7 (1) This section amends the Public Sector Management Act 1994.
8 (2) In Schedule 2 delete items 9, 28B and 47B.
9 (3) After Schedule 2 item 27 insert:
10
11 28 Metropolitan Redevelopment Authority
12
13 143. Statutory Corporations (Liability of Directors) Act 1996
14 amended
15 (1) This section amends the Statutory Corporations (Liability of
16 Directors) Act 1996.
17 (2) In Schedule 1 delete the items for:
18 Armadale Redevelopment Authority
19 East Perth Redevelopment Authority
20 Midland Redevelopment Authority
21 Subiaco Redevelopment Authority
22 (3) In Schedule 1 insert in alphabetical order:
23
Metropolitan a member of the board Metropolitan
Redevelopment of management of the Redevelopment
Authority Authority Authority Act 2011
24
page 90
Metropolitan Redevelopment Authority Bill 2011
Repeals, consequential amendments and validations Part 10
Consequential amendments Division 2
s. 144
1 144. Swan and Canning Rivers Management Act 2006 amended
2 (1) This section amends the Swan and Canning Rivers Management
3 Act 2006.
4 (2) In section 3(1) delete the definition of redevelopment authority.
5 (3) In section 3(1) insert in alphabetical order:
6
7 Metropolitan Redevelopment Authority means the
8 body established by the Metropolitan Redevelopment
9 Authority Act 2011 section 4;
10
11 (4) In section 3(1):
12 (a) in the definition of development after paragraph (a)
13 insert:
14
15 and
16
17 (b) in the definition of officer of the Trust after
18 paragraph (a) insert:
19
20 or
21
22 (c) in the definition of owner after paragraph (b)(i) insert:
23
24 and
25
26 (d) in the definition of public authority after paragraph (a)
27 insert:
28
29 or
30
page 91
Metropolitan Redevelopment Authority Bill 2011
Part 10 Repeals, consequential amendments and validations
Division 2 Consequential amendments
s. 144
1 (e) in the definition of strategic document after
2 paragraph (a) insert:
3
4 or
5
6 (5) In section 22(1):
7 (a) delete "government, or a redevelopment authority,
8 referred to in Schedule 7" and insert:
9
10 government referred to in Schedule 7 or the
11 Metropolitan Redevelopment Authority,
12
13 (b) delete "or redevelopment authority." and insert:
14
15 or the Metropolitan Redevelopment Authority.
16
17 (6) Delete section 22(3) and insert:
18
19 (3) A relevant matter for the Metropolitan Redevelopment
20 Authority is one that relates to a development or
21 proposed development that is in a redevelopment area
22 as defined in the Metropolitan Redevelopment
23 Authority Act 2011 section 3.
24
25 (7) In section 22(4) delete "a redevelopment authority" and insert:
26
27 the Metropolitan Redevelopment Authority
28
29 (8) In section 22(5) delete "a redevelopment authority" and insert:
30
31 the Metropolitan Redevelopment Authority
32
page 92
Metropolitan Redevelopment Authority Bill 2011
Repeals, consequential amendments and validations Part 10
Consequential amendments Division 2
s. 144
1 (9) In section 22(6) delete "redevelopment authority" (each
2 occurrence) and insert:
3
4 Metropolitan Redevelopment Authority
5
6 (10) In section 26(1):
7 (a) delete "government, or a redevelopment authority,
8 referred to in Schedule 7" and insert:
9
10 government referred to in Schedule 7 or the
11 Metropolitan Redevelopment Authority,
12
13 (b) delete "or redevelopment authority." and insert:
14
15 or the Metropolitan Redevelopment Authority.
16
17 (11) Delete section 26(2) and insert:
18
19 (2) If a proposal is referred to it, the Metropolitan
20 Redevelopment Authority or a local government may
21 make submissions to the Trust on the proposal.
22
23 (12) In section 26(4) delete "redevelopment authority" and insert:
24
25 Metropolitan Redevelopment Authority
26
27 (13) In section 72(1) delete "subsection (2) or (3)." and insert:
28
29 subsection (2).
30
page 93
Metropolitan Redevelopment Authority Bill 2011
Part 10 Repeals, consequential amendments and validations
Division 2 Consequential amendments
s. 144
1 (14) Delete section 72(2) and (3) and insert:
2
3 (2) If --
4 (a) a development is proposed to be carried
5 out on land that is within a redevelopment
6 area as defined in the Metropolitan
7 Redevelopment Authority Act 2011
8 section 3; and
9 (b) a redevelopment scheme that is in operation
10 under that Act applies to the land,
11 an application for development approval must be made
12 to the Metropolitan Redevelopment Authority.
13
14 (15) In section 72(4) delete "subsection (1), (2) or (3)," and insert:
15
16 subsection (1) or (2),
17
18 (16) In section 72(6) delete "subsection (1), (2) or (3)" and insert:
19
20 subsection (1) or (2)
21
22 (17) In Schedule 5 item 1:
23 (a) delete paragraphs (a) and (d);
24 (b) delete paragraph (q) insert:
25
26 (q) the Metropolitan Redevelopment Authority
27 Act 2011;
28
29 (c) delete paragraph (aa).
30 (18) Delete Schedule 5 items 2, 5, 10 and 13.
page 94
Metropolitan Redevelopment Authority Bill 2011
Repeals, consequential amendments and validations Part 10
Validations Division 3
s. 145
1 (19) In Schedule 7:
2 (a) in the heading delete "and redevelopment
3 authorities";
4 (b) delete the heading "Local governments";
5 (c) delete the heading "Redevelopment authorities";
6 (d) delete the items for:
7 East Perth Redevelopment Authority
8 Midland Redevelopment Authority
9 Division 3 -- Validations
10 145. Effect of redevelopment schemes and validity of things done
11 under them
12 (1) In this section --
13 commencement day means the day on which this section comes
14 into operation;
15 redevelopment Act means any of the following Acts --
16 (a) the Armadale Redevelopment Act 2001;
17 (b) the East Perth Redevelopment Act 1991;
18 (c) the Midland Redevelopment Act 1999;
19 (d) the Subiaco Redevelopment Act 1994;
20 redevelopment scheme means a redevelopment scheme, as
21 amended from time to time, approved under a redevelopment
22 Act.
23 (2) Any redevelopment scheme is taken to have had legislative
24 effect from and including the day it came into operation.
25 (3) Any act done or omission made pursuant to a redevelopment
26 scheme before the day on which this section comes into
27 operation has, and is taken to always have had, the same validity
28 as it would have had if subsection (2) had been in operation at
29 the time of the act or omission.
page 95
Metropolitan Redevelopment Authority Bill 2011
Part 11 Transitional provisions
s. 146
1 Part 11 -- Transitional provisions
2 146. Terms used
3 In this Part --
4 abolished authority, in relation to a redevelopment Act, means
5 the redevelopment authority that is abolished when the
6 redevelopment Act is repealed under section 134;
7 assets means any legal or equitable estate or interest (whether
8 present or future and whether vested or contingent) in real or
9 personal property of any description (including money), and
10 includes securities, choses in action and documents;
11 liabilities means liabilities, debts and obligations (whether
12 present or future and whether vested or contingent);
13 redevelopment Act means any of the following Acts --
14 (a) the Armadale Redevelopment Act 2001;
15 (b) the East Perth Redevelopment Act 1991;
16 (c) the Midland Redevelopment Act 1999;
17 (d) the Subiaco Redevelopment Act 1994;
18 redevelopment authority means a redevelopment authority
19 established under a redevelopment Act.
20 147. Interpretation Act 1984 not affected
21 Except where the contrary intention appears, this Part does not
22 prejudice or affect the application of the Interpretation Act 1984
23 Part V.
24 148. Assets, rights and liabilities
25 (1) On the day on which a redevelopment Act is repealed --
26 (a) all assets and rights of the abolished authority
27 immediately before that day become assets and rights of
28 the Authority by force of this section; and
page 96
Metropolitan Redevelopment Authority Bill 2011
Transitional provisions Part 11
s. 149
1 (b) all liabilities of the abolished authority immediately
2 before that day become, by force of this section,
3 liabilities of the Authority.
4 (2) Any account maintained under a redevelopment Act must, after
5 the redevelopment Act is repealed, be closed by the chief
6 executive officer and the moneys in the account credited to the
7 Metropolitan Redevelopment Authority Account.
8 (3) On and after the day on which a redevelopment Act is repealed,
9 any proceedings that immediately before that day might have
10 been brought or continued by the abolished authority may be
11 brought or continued by the Authority.
12 (4) On and after the day on which a redevelopment Act is repealed,
13 any remedy that immediately before that day is available against
14 or to the abolished authority is available against or to the
15 Authority.
16 149. Agreements and instruments generally
17 (1) Any agreement or instrument subsisting immediately before the
18 day on which a redevelopment Act is repealed --
19 (a) to which the abolished authority is a party; or
20 (b) which contains a reference to the abolished authority,
21 has effect on and after that day as if --
22 (c) the Authority were substituted for the abolished
23 authority as a party to the agreement or instrument; and
24 (d) any reference in the agreement or instrument to the
25 abolished authority were (unless the context otherwise
26 requires) amended to be or include a reference to the
27 Authority.
28 (2) Subsection (1) does not apply to a contract to which section 152
29 applies.
page 97
Metropolitan Redevelopment Authority Bill 2011
Part 11 Transitional provisions
s. 150
1 150. References in written laws to abolished authorities
2 (1) A reference however expressed in a written law to an abolished
3 authority may be read as including a reference to the Authority
4 unless in the context it would be inappropriate to do so.
5 (2) Subsection (1) does not apply to anything for which this Act has
6 made other provision.
7 151. Employed staff
8 (1) In this section --
9 Armadale Redevelopment Authority means the body
10 established under the Armadale Redevelopment Act 2001
11 section 6(1);
12 existing employee means a person referred to in subsection (3);
13 Midland Redevelopment Authority means the body established
14 under the Midland Redevelopment Act 1999 section 6(1).
15 (2) If, immediately before the coming into operation of this
16 subsection --
17 (a) a person was employed under a contract of service with
18 a redevelopment authority or other statutory authority to
19 perform duties relating exclusively to the provision of
20 services for a redevelopment authority; and
21 (b) under its terms, the contract expires on a day that is on
22 or after 31 December 2011 and on or before
23 30 June 2012,
24 unless earlier lawfully terminated by either party to the contract,
25 the contract is to be taken to expire 6 months after the coming
26 into operation of section 134.
27 (3) On the coming into operation of section 134 --
28 (a) any person who immediately before the coming into
29 operation of that section was employed under a contract
30 of service with a statutory authority to perform duties
31 relating exclusively to the provision of services to the
page 98
Metropolitan Redevelopment Authority Bill 2011
Transitional provisions Part 11
s. 152
1 Armadale Redevelopment Authority becomes a staff
2 member of the Authority and is to be taken to have been
3 employed under the contract of service under
4 section 110(2); and
5 (b) any person who immediately before the coming into
6 operation of that section was an officer appointed under
7 the East Perth Redevelopment Act 1991 section 15
8 becomes a staff member of the Authority and is to be
9 taken to have been employed under a contract of service
10 under section 110(2); and
11 (c) any person who immediately before the coming into
12 operation of that section was a public service officer
13 under the Public Sector Management Act 1994 seconded
14 to perform services for the Midland Redevelopment
15 Authority becomes a staff member of the Authority and
16 is to be taken to have been appointed for the purposes of
17 section 110(1).
18 (4) Except as otherwise agreed by an existing employee, the
19 operation of subsection (3) does not --
20 (a) affect the employee's pay, within the meaning of that
21 term in the Public Sector Management (Redeployment
22 and Redundancy) Regulations 1994 regulation 3(1); or
23 (b) affect the employee's other conditions of service; or
24 (c) affect the employee's existing or accruing rights in
25 respect of annual leave, long service leave, sick leave or
26 any other leave, which are enforceable against the State;
27 or
28 (d) affect any rights under a superannuation scheme; or
29 (e) interrupt the continuity of the employee's service.
30 152. People engaged under contracts for services
31 0. This section applies if --
32 (a) a person is engaged by a redevelopment authority or its
33 employing authority under a contract for services,
page 99
Metropolitan Redevelopment Authority Bill 2011
Part 11 Transitional provisions
s. 153
1 whether under a redevelopment Act or the Public Sector
2 Management Act 1994 section 100; and
3 (b) the contract is in force immediately before the
4 redevelopment Act is repealed; and
5 (c) the contract, under its terms, does not terminate on the
6 repeal.
7 (2) On the repeal --
8 (a) the person is taken to be engaged by the Authority under
9 the contract for services; and
10 (b) the contract is to be read as if the Authority were
11 substituted for the abolished authority.
12 153. Transfer of land in abolished redevelopment area to
13 redevelopment area under this Act
14 (1) If, immediately before the repeal of a redevelopment Act --
15 (a) there remains any land in a redevelopment area
16 established under the redevelopment Act; and
17 (b) a redevelopment scheme in operation under the
18 redevelopment Act applies to the land,
19 on the repeal the remaining land may be declared to be or to be
20 part of, or added to, a redevelopment area by regulations made
21 under section 30.
22 (2) Section 29(2) does not apply in relation to regulations made for
23 the purposes of subsection (1).
24 154. Redevelopment scheme continues for land in abolished
25 redevelopment area that is transferred to redevelopment
26 area under this Act
27 (1) This section applies if, on the repeal of a redevelopment Act,
28 land is declared to be or to be part of, or is added to, a
29 redevelopment area by regulations made for the purposes of
30 section 153(1).
page 100
Metropolitan Redevelopment Authority Bill 2011
Transitional provisions Part 11
s. 155
1 (2) On the repeal --
2 (a) the redevelopment scheme that was in operation under
3 the repealed Act has effect as if it were a redevelopment
4 scheme in operation under Part 5; and
5 (b) this Act applies to and in respect of the scheme
6 accordingly.
7 (3) In subsection (2) --
8 redevelopment scheme includes any instruments made under
9 the redevelopment scheme.
10 (4) If, on the repeal, an application for approval of development of
11 land or any part of it made under the repealed Act --
12 (a) has not been decided under that Act; or
13 (b) having been so decided, is the subject of an application
14 to the State Administrative Tribunal for a review that
15 has not been finalised,
16 the Authority must perform the functions of the abolished
17 authority in relation to those applications.
18 155. Exemptions from State tax
19 (1) In this section --
20 State tax includes duty under the Duties Act 2008 and any other
21 tax, duty, fee, levy or charge, under a law of the State.
22 (2) State tax is not payable in relation to --
23 (a) anything that occurs by operation of this Part; or
24 (b) anything done (including a transaction entered into or an
25 instrument or document of any kind made, executed,
26 lodged or given) under this Part, or to give effect to this
27 Part, or for a purpose connected with or arising out of,
28 giving effect to this Part.
page 101
Metropolitan Redevelopment Authority Bill 2011
Part 11 Transitional provisions
s. 156
1 156. Transitional regulations
2 (1) If this Part does not provide sufficiently for a matter or issue of
3 a transitional nature that arises as a result of a repeal or
4 amendment made under Part 10 or the enactment of this Act, the
5 Governor may make regulations (the transitional regulations)
6 prescribing all matters that are required, necessary or convenient
7 to be prescribed for providing for the matter or issue.
8 (2) The transitional regulations may provide that specified
9 provisions of this Act --
10 (a) do not apply; or
11 (b) apply with specified modifications,
12 to or in relation to any matter.
13 (3) If the transitional regulations provide that a specified state of
14 affair is to be taken to have existed, or not to have existed, on
15 and from a day that is earlier than the day on which the
16 transitional regulations are published in the Gazette but not
17 earlier than the commencement of this section, the transitional
18 regulations have effect according to their terms.
19 (4) In subsections (2) and (3) --
20 specified means specified or described in the transitional
21 regulations.
22 (5) If the transitional regulations contain a provision referred to in
23 subsection (3), the provision does not operate so as --
24 (a) to affect in a manner prejudicial to any person (other
25 than the State), the rights of that person existing before
26 the day of publication of those regulations; or
27 (b) to impose liabilities on any person (other than the State
28 or an authority of the State) in respect of anything done
29 or omitted to be done before the day of publication of
30 those regulations.
page 102
Metropolitan Redevelopment Authority Bill 2011
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
abolished authority............................................................................................146
acquire...................................................................................................................3
appointment period ........................................................................................ 82(1)
approved redevelopment scheme ..........................................................................3
Armadale Redevelopment Authority ........................................................... 151(1)
assessed scheme ............................................................................................. 74(1)
assets .................................................................................................................146
Authority...............................................................................................................3
business arrangement ..................................................................................... 11(1)
cause .............................................................................................................. 90(1)
chief executive officer...........................................................................................3
commencement day ..................................................................................... 145(1)
committee ...........................................................................................................91
confidential information............................................................................... 127(1)
costs contributions ......................................................................................... 38(7)
development..........................................................................................................3
development application .......................................................................................3
development approval.......................................................................... 3, 62(1), 70
dispose of ..............................................................................................................3
document...................................................................................................... 117(1)
due date........................................................................................................ 113(1)
Environment Minister ...........................................................................................3
environmental condition ................................................................................ 74(1)
EP Act...................................................................................................................3
EPA.......................................................................................................................3
existing employee ........................................................................................ 151(1)
improvement scheme ............................................................................................3
information .................................................................................................. 117(1)
interest............................................................................................................ 23(1)
liabilities ...........................................................................................................146
local planning scheme...........................................................................................3
lot ................................................................................................................... 19(2)
RC.......................................................................................................................3
member .........................................................................................................85, 91
metropolitan region...............................................................................................3
Midland Redevelopment Authority ............................................................. 151(1)
officer........................................................................................................... 129(1)
PAD Act................................................................................................................3
participate ...................................................................................................... 11(1)
page 103
Metropolitan Redevelopment Authority Bill 2011
Defined Terms
planning scheme ...................................................................................................3
prescribed fee................................................................................................. 25(1)
proposal land.................................................................................................. 94(2)
public authority .....................................................................................................3
public sector agency............................................................................ 13(4), 14(4)
public sector employee ....................................................................... 13(4), 14(4)
redevelopment Act............................................................................... 145(1), 146
redevelopment area ...............................................................................................3
redevelopment authority ...................................................................................146
redevelopment scheme.................................................................... 145(1), 154(3)
Registrar......................................................................................................... 25(1)
relevant local government.............................................................................. 29(3)
scheme start day....................................................................................................3
specified............................................................................................ 22(3), 156(4)
staff member .........................................................................................................3
State tax ....................................................................................................... 155(1)
thoroughfare..........................................................................................................3
transaction ..................................................................................................... 12(1)
transferee........................................................................................................ 25(1)
transitional regulations................................................................................. 156(1)
unauthorised development ..................................................................................70
value............................................................................................................... 95(2)
WAPC...................................................................................................................3
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