Western Australian Current Acts

SCHOOL EDUCATION ACT 1999 - SECT 218

218 .         Licences by Minister for use of tangible property, other than property relating to student residential colleges

        (1)         This section applies to a licence granted by the Minister to a person for the use of tangible property that is vested in the Minister, other than property that relates to a student residential college.

        (2)         A licence is not to be granted if the use of the property would adversely affect the safety or welfare of students, teaching staff or other persons employed at any school to which the property relates.

        (3)         A licence —

            (a)         must be in writing; and

            (b)         may provide for a payment to be made by the licensee in connection with the use of the property; and

            (c)         may provide for an amount of money to be paid by the licensee as security for the performance of the licensee’s obligations under the licence; and

            (d)         is otherwise to be on such terms and subject to such conditions as the Minister thinks fit.

        (4)         A licence granted for the use of property that is not in use by the school to which the property relates —

            (a)         is not to be granted for a period of more than —

                  (i)         in the case of a licence granted by a subdelegate acting under section 225 — 2 years; or

                  (ii)         otherwise — 5 years;

                and

            (b)         may be renewed once or more than once for a period or successive periods, each not exceeding the period allowed under paragraph (a)(i) or (ii).

        (5)         The use of property in respect of which a licence referred to in subsection (4) applies must not interfere with the normal operations of the school to which the property relates.

        (6)         A licence granted for the purposes of a joint arrangement may provide for all things necessary or convenient to be done for the purpose of furthering the joint arrangement, including —

            (a)         the establishment, composition, powers and duties of a management committee to manage and control the use of the property in accordance with the licence and the joint arrangement; and

            (b)         setting out how the property is to be shared and how disputes as to the use of the property are to be resolved; and

            (c)         the provision of facilities relating to the property; and

            (d)         payment to be made to the Minister by the licensee by way of contribution towards the costs incurred in the provision of any facilities; and

            (e)         the appointment and remuneration of staff with respect to the use of the property and any facilities.

        [Section 218 inserted: No. 28 of 2014 s. 32; amended: No. 41 of 2016 s. 13.]

[ 219.         Deleted: No. 28 of 2014 s. 32.]