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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia DRAFT BILL FOR PUBLIC COMMENT The Government proposes to introduce into Parliament a Bill to establish the Rangelands Council and for related purposes. Rangelands Council Bill 2007 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Establishment and functions of the Rangelands Council 3. Rangelands Council established 3 4. Membership 3 5. Functions of the Council 4 6. Powers of Council for purposes of this Act 5 7. Annual report 5 8. Powers, generally 5 9. Minister may give directions 5 10. Minister to have access to information 6 11. Confidentiality 6 12. Personal liability of members 7 229--1 page i Rangelands Council Bill 2007 Contents Part 3 -- Ancillary and procedural matters 13. Term of office 8 14. Vacation of office of member 8 15. Remuneration and allowances 9 16. Presiding at meetings 9 17. Procedure at meetings 9 18. Voting 9 19. Quorum 10 20. Disclosure of interests 10 21. Exclusion of interested member 10 22. Council may resolve that section 21 inapplicable 10 23. Minutes 11 page ii [Draft Bill for public comment] Western Australia LEGISLATIVE ASSEMBLY/COUNCIL Rangelands Council Bill 2007 A draft for public comment of A Bill for An Act to establish the Rangelands Council and for related purposes. The Parliament of Western Australia enacts as follows: page 1 [Draft Bill for public comment] Rangelands Council Bill 2007 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This is the Rangelands Council Act 2007. 2. Commencement 5 This Act comes into operation as follows: (a) Part 1 -- on the day on which this Act receives the Royal Assent; (b) the rest of the Act -- on the day after that day. page 2 [Draft Bill for public comment] Rangelands Council Bill 2007 Establishment and functions of the Rangelands Council Part 2 s. 3 Part 2 -- Establishment and functions of the Rangelands Council 3. Rangelands Council established The Minister is to establish a body called the Rangelands 5 Council (the "Council"). 4. Membership (1) The members of the Council are to be -- (a) one person appointed by the Minister as its chairman; and 10 (b) the Director General of the Department of Environment and Conservation or his or her nominee; and (c) the Director General of the Department of Agriculture and Food or his or her nominee; and (d) the Chairperson or a nominee of the Pastoral Lands 15 Board of Western Australia established under the Land Administration Act 1997 section 94; and (e) the chairman or a nominee of the Aboriginal Lands Trust established under the Aboriginal Affairs Planning Authority Act 1972 section 20; and 20 (f) the Director General of the Department of Industry and Resources or his or her nominee; and (g) the chairman or a nominee of the Western Australian Tourism Commission established under the Western Australian Tourism Commission Act 1983 section 4; and 25 (h) one person with experience in representing pastoral interests appointed by the Minister; and (i) the Chairperson or a nominee of the Conservation Council of Western Australia (Inc.); and (j) the President or a nominee of the Chamber of Minerals 30 and Energy of WA (Inc.); and page 3 [Draft Bill for public comment] Rangelands Council Bill 2007 Part 2 Establishment and functions of the Rangelands Council s. 5 (k) one person with experience in representing indigenous interests appointed by the Minister. (2) Before appointing a person under subsection (1)(a), the Minister is to consult with -- 5 (a) the Minister responsible for the administration of the Agriculture Act 1988; and (b) the Minister responsible for the administration of the Conservation and Land Management Act 1984; and (c) the Minister responsible for the administration of the 10 Land Administration Act 1997. 5. Functions of the Council The functions of the Council are as follows -- (a) to provide advice to the Minister on the integration and coordination of -- 15 (i) Government land management responsibilities; and (ii) activities, in relation to rangelands; (b) to provide advice to the Minister on rangeland 20 management; (c) to develop policies on the uses to which rangelands can be put to maximise the social and economic benefits that can be derived from them on an ecologically sustainable basis; 25 (d) at the request of the Minister or of its own initiative, to suggest to the Minister research or inquiries that might be undertaken on or into matters affecting rangelands; (e) in consultation with the Pastoral Lands Board of Western Australia, to set environmental performance 30 standards for rolling tenure pastoral leases; page 4 [Draft Bill for public comment] Rangelands Council Bill 2007 Establishment and functions of the Rangelands Council Part 2 s. 6 (f) at the request of the Minister or of its own initiative, to report to the Minister on matters relating to the condition of rangelands; (g) such other functions in relation to rangelands as the 5 Minister may direct. 6. Powers of Council for purposes of this Act The Council may do anything necessary for, or incidental to, the performance of its functions under this Act. 7. Annual report 10 (1) The chairman of the Council, not later than 31 March in each year, is to make and submit to the Minister an annual report of the Council's proceedings for the preceding year ending on 31 December. (2) The Minister must cause a report submitted under subsection (1) 15 to be laid before each House of Parliament within 14 sitting days of that House after the Minister receives it. 8. Powers, generally The Council has all the powers it needs to perform its functions. 9. Minister may give directions 20 (1) The Minister may, after consultation with -- (a) the Minister administering the Agriculture and Related Resources Protection Act 1976; and (b) the Minister administering the Conservation and Land Management Act 1984, 25 give written directions to the Council with respect to the performance of its functions, either generally or in relation to a particular matter, and the Council is to give effect to any such direction. page 5 [Draft Bill for public comment] Rangelands Council Bill 2007 Part 2 Establishment and functions of the Rangelands Council s. 10 (2) The text of any direction given under subsection (1) must be included in the annual report submitted by the chairman of the Council under section 7. 10. Minister to have access to information 5 (1) In this section -- "document" includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; "information" means information specified, or of a description 10 specified, by the Minister that relates to the functions of the Council. (2) The Minister is entitled -- (a) to have information in the possession of the Council; and 15 (b) if the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (2) the Minister may -- (a) request the Council to furnish information to the Minister; and 20 (b) request the Council to give the Minister access to information. (4) The Council has to comply with a request under subsection (3). 11. Confidentiality A member or former member of the Council must not, directly 25 or indirectly, record, disclose or make use of any information obtained in the course of duty except -- (a) for the purpose of performing a function under this Act; or (b) as required or allowed by this Act or under another law; 30 or page 6 [Draft Bill for public comment] Rangelands Council Bill 2007 Establishment and functions of the Rangelands Council Part 2 s. 12 (c) with the written consent of the person to whom the information relates. Penalty: a fine of $12 000. 12. Personal liability of members 5 A matter or thing done or omitted by a member of the Council does not subject the member personally to any liability if that matter or thing was done or omitted in good faith for the purpose of performing a function under this Act. page 7 [Draft Bill for public comment] Rangelands Council Bill 2007 Part 3 Ancillary and procedural matters s. 13 Part 3 -- Ancillary and procedural matters 13. Term of office (1) The term for which a person is appointed by the Minister to be a member of the Council is to be fixed in the instrument of 5 appointment and is to be not longer than 3 years. (2) A person's eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment. (3) The term of a member of the Council who is not appointed by 10 the Minister is 3 years. (4) A person's eligibility to be a member of the Council without being appointed by the Minister is not affected by an earlier membership. 14. Vacation of office of member 15 (1) A member of the Council may at any time resign from office by notice in writing given to the Minister. (2) A member of the Council may be removed from office by the Minister -- (a) for mental or physical disability, incompetence, neglect 20 of duty or misconduct that impairs the performance of the member's duties; or (b) if the member is convicted of an offence that in the opinion of the Minister renders the person unfit to be a member of the Council; or 25 (c) if the member is an insolvent under administration, within the meaning given in the Corporations Act 2001 (Commonwealth) section 9; or (d) if the member is absent without leave of the Council from 2 consecutive meetings of the Council of which the 30 member has had notice; or page 8 [Draft Bill for public comment] Rangelands Council Bill 2007 Ancillary and procedural matters Part 3 s. 15 (e) for any other act or omission that in the opinion of the Minister may cause prejudice or injury to the Council. (3) If a person ceases to hold a position by virtue of which the person is a member of the Council the person ceases to be a 5 member from the date on which the person ceases to hold the position. (4) If, before the term of office for which a person is a member of the Council expires, the person dies, resigns, is removed from office or ceases to be a member, the office becomes vacant. 10 15. Remuneration and allowances Members of the Council are entitled to any remuneration and allowances that the Minister from time to time determines on the recommendation of the Minister for Public Sector Management. 15 16. Presiding at meetings (1) The chairman, if present, is to preside at a meeting of the Council. (2) If the chairman is not presiding under subsection (1), the members present at the meeting are to appoint one of their 20 number to preside. 17. Procedure at meetings Except as otherwise stated in this Act, the Council is to determine its own meeting procedures. 18. Voting 25 (1) A decision of the majority of members at a meeting of the Council at which a quorum is present is the decision of the Council. page 9 [Draft Bill for public comment] Rangelands Council Bill 2007 Part 3 Ancillary and procedural matters s. 19 (2) If the votes of members present at a meeting and voting are equally divided the member presiding at the meeting is to have a casting vote in addition to a deliberative vote. 19. Quorum 5 A quorum for a meeting of the Council is 5 members. 20. Disclosure of interests (1) A member of the Council who has a material personal interest in a matter being considered or about to be considered by the Council must, as soon as possible after the relevant facts have 10 come to the member's knowledge, disclose the nature of the interest at a meeting of the Council. Penalty: a fine of $5 000. (2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting. 15 21. Exclusion of interested member A member of the Council who has a material personal interest in a matter that is being considered by the Council -- (a) must not vote on the matter; and (b) must not be present while the matter is being considered 20 at a meeting. 22. Council may resolve that section 21 inapplicable Section 21 does not apply if the Council has at any time passed a resolution that -- (a) specifies the member, the interest, and the matter; and 25 (b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter. page 10 [Draft Bill for public comment] Rangelands Council Bill 2007 Ancillary and procedural matters Part 3 s. 23 23. Minutes The Council is to cause accurate minutes to be kept of the proceedings at its meetings. page 11 [Draft Bill for public comment] WESTERN AUSTRALIA Rangelands Council Bill 2007 DRAFT BILL FOR PUBLIC COMMENT The Government proposes to introduce into Parliament a Bill to
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