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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sunset Reserve Transformation Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part 2 -- Sunset Reserve
amendments
4. Change of purpose 3
5. Lot 305 3
6. Lot 304 3
7. Lot 302 3
8. Registrar of Titles to take certain measures 3
9. Land Administration Act 1997 not affected 4
Part 3 -- Planning scheme
amendments
10. Terms used 5
11. Metropolitan Region Scheme amended 5
12. Nedlands planning scheme amended 5
13. Effect of amendments 5
Part 4 -- Dealing with excised land
14. Minister for Works may deal with excised land 6
15. Delegation 6
Part 5 -- Miscellaneous
16. Sunset Reserve Account 8
17. Regulations 8
39--1 page i
Sunset Reserve Transformation Bill 2013
Contents
Schedule 1 -- Deposited plan 49483
Defined terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Sunset Reserve Transformation Bill 2013
A Bill for
An Act to provide for reserve and planning changes to expedite the
transformation of the former Sunset Hospital site into an arts,
cultural and community asset, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Sunset Reserve Transformation Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Sunset Reserve Transformation Act 2013.
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 the day after that day.
9 3. Terms used
10 (1) In this Act, unless the contrary intention appears --
11 class A reserve means a reserve classified as a class A reserve
12 under the Land Administration Act 1997 section 42;
13 excised land means the land excised under section 7 and
14 includes any part of that land;
15 Minister for Works means the body corporate created by the
16 Public Works Act 1902 section 5;
17 Sunset Reserve means Class A reserve No. 1667.
18 (2) A reference in this Act to a lot is a reference to the lot as shown
19 on deposited plan 49483.
20 (3) Deposited plan 49483 referred to in this Act is held by the
21 agency that principally assists in the administration of the
22 Transfer of Land Act 1893.
23 (4) An indicative depiction of deposited plan 49483 is in
24 Schedule 1.
page 2
Sunset Reserve Transformation Bill 2013
Sunset Reserve amendments Part 2
s. 4
1 Part 2 -- Sunset Reserve amendments
2 4. Change of purpose
3 The purpose for which Sunset Reserve is reserved under the
4 Land Administration Act 1997 Part 4 is changed to "Sunset
5 Heritage Precinct for arts, cultural, community and ancillary
6 commercial purposes".
7 5. Lot 305
8 (1) Sunset Reserve is amended by excising the land comprising
9 Lot 305.
10 (2) Class A reserve No. 29174 is amended by adding the land
11 excised under subsection (1).
12 6. Lot 304
13 (1) Sunset Reserve is amended by excising the land comprising
14 Lot 304.
15 (2) Class A reserve No. 17391 is amended by adding the land
16 excised under subsection (1).
17 7. Lot 302
18 (1) Sunset Reserve is amended by excising the land comprising
19 Lot 302.
20 (2) The excised land is transferred to the Minister for Works in fee
21 simple.
22 (3) Duty is not chargeable under the Duties Act 2008 on the transfer
23 of the fee simple in the excised land under subsection (2).
24 8. Registrar of Titles to take certain measures
25 (1) The Registrar of Titles must take any necessary measures to --
page 3
Sunset Reserve Transformation Bill 2013
Part 2 Sunset Reserve amendments
s. 9
1 (a) register the amendments to, reservations and
2 classifications of, and other changes to, land effected
3 under sections 4 to 7; and
4 (b) register the transfer effected under section 7(2).
5 (2) For the purposes of subsection (1)(a), sections 4 to 7 may be
6 treated as if they were orders under the Land Administration
7 Act 1997.
8 9. Land Administration Act 1997 not affected
9 Nothing in this Part affects the powers conferred under the Land
10 Administration Act 1997 on the Minister for Lands in relation to
11 the Sunset Reserve.
page 4
Sunset Reserve Transformation Bill 2013
Planning scheme amendments Part 3
s. 10
1 Part 3 -- Planning scheme amendments
2 10. Terms used
3 In this Part --
4 Metropolitan Region Scheme has the meaning given in the
5 Planning and Development Act 2005 section 4;
6 Nedlands planning scheme means the City of Nedlands Town
7 Planning Scheme No. 2.
8 11. Metropolitan Region Scheme amended
9 The Metropolitan Region Scheme is amended --
10 (a) by changing the reservation of any part of the land
11 comprising Sunset Reserve that is reserved for "Public
12 Purposes -- Hospitals" to "Parks and Recreation"; and
13 (b) by deleting the reservation of the excised land and
14 zoning that land as "Urban".
15 12. Nedlands planning scheme amended
16 The Nedlands planning scheme is amended --
17 (a) by zoning the excised land as "Residential"; and
18 (b) by designating the excised land R12.5 for the purposes
19 of State Planning Policy 3.1: Residential Design Codes.
20 13. Effect of amendments
21 (1) The amendments effected by this Part have effect as though the
22 amendments were enacted under the Planning and Development
23 Act 2005.
24 (2) Nothing in this Part affects the operation of the Planning and
25 Development Act 2005 with respect to amendments to the
26 Metropolitan Region Scheme or the Nedlands planning scheme
27 as amended by this Part.
page 5
Sunset Reserve Transformation Bill 2013
Part 4 Dealing with excised land
s. 14
1 Part 4 -- Dealing with excised land
2 14. Minister for Works may deal with excised land
3 (1) The Minister for Works may do all things necessary to plan,
4 undertake, promote and coordinate the disposal of the excised
5 land.
6 (2) Without limiting subsection (1), the Minister for Works may do
7 the following --
8 (a) hold, deal with, and dispose of the excised land;
9 (b) sign any document in connection with dealing with or
10 disposing of the excised land;
11 (c) enter into any contract or arrangement with any person,
12 including a public authority or a local government, for
13 the performance by the person of any work or the supply
14 of equipment or services;
15 (d) apply for the grant of any licence, approval or other
16 authority required for the purposes mentioned in
17 subsection (1).
18 (3) Nothing in this section is to be read as conferring on the
19 Minister for Works in the performance of functions under this
20 section any immunity from the operation of any written law that
21 applies in relation to the excised land.
22 15. Delegation
23 (1) The Minister for Works may delegate to a person any function
24 of the Minister for Works under section 14.
25 (2) The delegation must be in writing signed by the Minister for
26 Works.
27 (3) The person performing a function delegated under
28 subsection (1) is to be taken to do so in accordance with the
29 terms of the delegation unless the contrary is shown.
page 6
Sunset Reserve Transformation Bill 2013
Dealing with excised land Part 4
s. 15
1 (4) This section does not limit the Minister for Works' ability to act
2 through an officer or agent.
page 7
Sunset Reserve Transformation Bill 2013
Part 5 Miscellaneous
s. 16
1 Part 5 -- Miscellaneous
2 16. Sunset Reserve Account
3 (1) An agency special purpose account called the Sunset Reserve
4 Account is to be established under the Financial Management
5 Act 2006 section 16.
6 (2) The account is to be credited with the following --
7 (a) the proceeds of the disposal of the excised land;
8 (b) moneys received or recovered in respect of the lease or
9 other use of any part of Sunset Reserve;
10 (c) any amount appropriated by Parliament to, or otherwise
11 lawfully received for, the account.
12 (3) Moneys held in the account are to be applied in payment of
13 costs and expenses incurred in the conservation and
14 management of Sunset Reserve.
15 17. Regulations
16 The Governor may make regulations prescribing all matters that
17 are required or permitted by this Act to be prescribed, or are
18 necessary or convenient to be prescribed, for giving effect to the
19 purposes of this Act.
page 8
Sunset Reserve Transformation Bill 2013
Deposited plan 49483 Schedule 1
1 Schedule 1 -- Deposited plan 49483
2 [s. 3(4)]
3
4
page 9
Sunset Reserve Transformation Bill 2013
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)
class A reserve ................................................................................................. 3(1)
excised land ..................................................................................................... 3(1)
Metropolitan Region Scheme ............................................................................. 10
Minister for Works........................................................................................... 3(1)
Nedlands planning scheme ................................................................................. 10
Sunset Reserve ................................................................................................. 3(1)
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