Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) Subject to
subsections (1a) to (1k), the Commission may from time to time —
(a)
establish committees and —
(i)
prescribe the constitution of any committee; and
(ii)
authorise a committee to establish any subcommittee;
(aa)
appoint such —
(i)
members of the Commission;
(ii)
members of the Commission and other persons; or
(iii)
persons other than members of the Commission,
as the Commission
thinks fit to be members or deputy members of a committee established under
paragraph (a);
(b)
discharge, alter, or reconstitute any such committee; and
(c) give
directions to a committee with respect to the performance of its functions.
(1a) The Commission
shall establish —
(a) a
committee to be known as the Executive, Finance and Property Committee;
(b) a
committee to be known as the Statutory Planning Committee;
(c) a
committee to be known as the Transport Committee;
(d) a
committee to be known as the Infrastructure Coordinating Committee; and
(e) a
committee to be known as the Coastal Planning and Coordination Council.
(1b) The Executive,
Finance and Property Committee —
(a) is
to consist of —
(i)
the chairperson, or a person nominated by the chairperson
and approved by the Minister;
(ii)
the member of the Commission referred to in
section 5(1)(c)(i), or a person nominated by that member and approved by the
Minister;
(iii)
one other member of the Commission appointed by the
Commission; and
(iv)
such other person or persons as the Commission, after
obtaining the approval of the Minister, appoints from time to time;
and
(b) is
to perform such of the administrative, financial and property functions of the
Commission under this Act or any other written law as are delegated to the
Executive, Finance and Property Committee under section 20 and such other
functions as are delegated to it under that section.
(1c) Subject to
subsection (1d), the Statutory Planning Committee —
(a) is
to consist of —
(i)
the chairperson, or a person nominated by the chairperson
and approved by the Minister;
(ii)
the member of the Commission referred to in
section 5(1)(c)(i), or a person nominated by that member and approved by the
Minister;
(iii)
the member of the Commission referred to in
section 5(1)(c)(vi), or a deputy appointed under subsection (1f);
(iv)
a person approved by the Minister and appointed by the
Commission as having practical knowledge of and experience in community
affairs;
(v)
a person approved by the Minister and appointed by the
Commission as having practical knowledge of and experience in one or more of
the fields of urban and regional planning, business management, property
development, financial management, engineering, surveying, valuation,
transport, housing, heritage or local government;
(vi)
a person approved by the Minister and appointed by the
Commission to represent the interests of local governments; and
(vii)
such other person or persons as the Commission, after
obtaining the approval of the Minister, appoints from time to time;
and
(b) is
to perform such of the functions of the Commission under this Act, Part II of
the Strata Titles Act 1985 and the Town Planning and Development Act 1928 as
are delegated to the Statutory Planning Committee under section 20 and such
other functions as are delegated to it under that section.
(1d) Should the
Commission delegate to the Statutory Planning Committee under section 20 not
only the functions of the Commission under this Act, Part II of the
Strata Titles Act 1985 and the Town Planning and Development Act 1928 but
also the functions of the Commission under the Metropolitan Scheme Act in
respect of the Metropolitan Region Scheme, the Statutory Planning Committee
may perform those latter functions only if the Statutory Planning Committee
consists not merely of the persons referred to in subsection (1c)(a) but also
of —
(a) a
member of the council of the City of Perth who is nominated for appointment as
a member of the Statutory Planning Committee by that council and approved by
the Minister; and
(b) 5
persons, each of whom is the chairman of a District Planning Committee (other
than the District Planning Committee for the City of Perth), or persons
nominated by those persons and approved by the Minister.
(1e) The Transport
Committee —
(a) is
to consist of —
(i)
the chairperson, or a person nominated by the chairperson
and approved by the Minister;
(ii)
the member of the Commission referred to in
section 5(1)(c)(i), or a person nominated by that member and approved by the
Minister;
(iii)
the member of the Commission referred to in
section 5(1)(c)(vi), or a deputy appointed under subsection (1f);
(iv)
the member of the Commission referred to in
section 5(1)(c)(iv), or a person nominated by that member and approved by the
Minister;
(v)
the Commissioner within the meaning of the Main Roads
Act 1930 , or a person nominated by him or her and approved by the Minister;
[(vi), (vii) deleted]
(viii)
a person approved by the Minister and appointed by the
Commission to represent the interests of local governments; and
(ix)
such other person or persons as the Commission, after
obtaining the approval of the Minister, appoints from time to time;
and
(b) is
to advise the Commission on all matters relating to transport planning
throughout the State and to perform such of the functions of the Commission
under this Act and any other written law as are delegated to the Transport
Committee under section 20.
(1f) The Commission
shall for the purposes of subsections (1c)(a)(iii) and (1e)(a)(iii) appoint
one person —
(a)
nominated by the Regional Minister; and
(b)
approved by the Minister,
to be the deputy of
the member of the Commission referred to in section 5(1)(c)(vi) or, if the
Regional Minister so requests, shall instead appoint one person so nominated
and approved to be that deputy for the purposes of subsection (1c)(a)(iii) and
another such person to be that deputy for the purposes of subsection
(1e)(a)(iii).
(1g) The
Infrastructure Coordinating Committee —
(a) is
to consist of —
(i)
the chairperson, or a person nominated by the chairperson
and approved by the Minister;
(ii)
each member of the Commission referred to in
section 5(1)(c)(i) or (iv), or a person nominated by that member and approved
by the Minister;
(iii)
the Coordinator of Energy referred to in section 4 of the
Energy Coordination Act 1994 or a person nominated by him or her and approved
by the Minister;
(iv)
the chief executive officer of the department referred to
in section 228 of the School Education Act 1999 , or a person nominated by him
or her and approved by the Minister;
(v)
the Commissioner within the meaning of the Health Act
1911 , or a person nominated by him or her and approved by the Minister;
(vi)
the chief executive officer of the department principally
assisting the Regional Minister in the administration of the
Regional Development Commissions Act 1993 , or a person nominated by that
chief executive officer and approved by the Minister;
(vii)
the chief executive officer of the department principally
assisting the Minister to whom the administration of the
Government Agreements Act 1979 is for the time being committed by the
Governor in that administration, or a person nominated by that chief executive
officer and approved by the Minister;
(viii)
the chief executive officer of the department principally
assisting the Minister to whom the administration of the Mining Act 1978 is
for the time being committed by the Governor in that administration, or a
person nominated by that chief executive officer and approved by the Minister;
(viiia)
the chief executive officer of the department principally assisting the
Minister to whom the administration of the Water Agencies (Powers) Act 1984
is for the time being committed by the Governor in that administration, or a
person nominated by that chief executive officer and approved by the Minister;
(ix)
a person approved by the Minister and appointed by the
Commission to represent the interests of local governments; and
(x)
such other person or persons as the Commission, after
obtaining the approval of the Minister, appoints from time to time;
and
(b) is
to advise the Commission on planning for the provision of physical and
community infrastructure throughout the State and to perform such of the
functions of the Commission under this Act and any other written law as are
delegated to the Infrastructure Coordinating Committee under section 20.
(1ga) The Coastal
Planning and Coordination Council —
(a) is
to consist of —
(i)
a presiding member who is to be the member of the
Commission referred to in section 5(1)(b)(iii);
(ii)
the member of the Commission referred to in
section 5(1)(c)(i), or a person nominated by that member and approved by the
Minister;
(iii)
the member of the Commission referred to in
section 5(1)(c)(v), or a person nominated by that member and approved by the
Minister;
(iv)
the person holding or acting in the office of the chief
executive officer of the department principally assisting in the
administration of the Conservation and Land Management Act 1984 , or a person
nominated by that person and approved by the Minister;
(v)
the person holding or acting in the office of the chief
executive officer of the department principally assisting in the
administration of the Fish Resources Management Act 1994 , or a person
nominated by that person and approved by the Minister;
(vi)
the person holding or acting in the office of the chief
executive officer of the department principally assisting in the
administration of the Mining Act 1978 , or a person nominated by that person
and approved by the Minister;
(vii)
the person holding or acting in the office of chief
executive officer of the Western Australian Tourism Commission established by
the Western Australian Tourism Commission Act 1983 , or a person nominated by
that person and approved by the Minister;
(viii)
a person approved by the Minister and appointed by the
Commission to represent the interests of local governments within the
metropolitan region;
(ix)
a person approved by the Minister and appointed by the
Commission to represent the interests of local governments outside the
metropolitan region;
(x)
at least 2 persons approved by the Minister and appointed
by the Commission as having practical knowledge of and experience in one or
more of the fields of urban and regional planning, property development,
engineering, heritage, community affairs, environmental conservation,
indigenous affairs, natural resources management, tourism, coastal planning,
urban design, commerce and industry, or the provision of coastal
infrastructure; and
(xi)
such other person or persons as the Commission, after
obtaining the approval of the Minister, appoints from time to time;
and
(b) is
to advise the Commission on matters relating to coastal planning and
coordination throughout the State and to perform such of the functions of the
Commission under this Act and any other written law as are delegated to the
Coastal Planning and Coordination Council under section 20.
(1h) Without limiting
the generality of subsection (1), the Commission may under that subsection
establish a regional planning committee for the whole or any part of a region
if the Commission is satisfied that the need for the regional planning
committee exists.
(1i) A regional
planning committee —
(a) is
to consist of —
(i)
the chairperson, or a person nominated by the chairperson
and approved by the Minister;
(ii)
the member of the Commission referred to in
section 5(1)(c)(i), or a person nominated by that member and approved by the
Minister;
(iii)
a person approved by the Minister and appointed by the
Commission as having practical knowledge of and experience in community
affairs;
(iv)
not less than 3 persons approved by the Minister and
appointed by the Commission from a list of the names of persons representing
the interests of the local governments within the whole or part of the region
for which the regional planning committee is established submitted to the
Commission by WALGA;
(v)
a person nominated by the Regional Minister, approved by
the Minister and appointed by the Commission to represent the interests of the
commission or commissions within the meaning of the
Regional Development Commissions Act 1993 within the whole or part of the
region for which the regional planning committee is established; and
(vi)
such other person or persons as the Commission, after
obtaining the approval of the Minister, appoints from time to time;
and
(b) is
to advise the Commission on planning for the region, or part of the region,
for which the regional planning committee is established, to make
recommendations to the Commission on the need for, and the extent and content
of, regional planning schemes and to perform such of the functions of the
Commission under this Act, the Strata Titles Act 1985 , the Town Planning and
Development Act 1928 and any other written law as are delegated to that
committee under section 20.
(1j) When the
submission of a list of names is required for the purposes of subsection
(1i)(a)(iv), that submission shall be made to the Commission in writing signed
on behalf of WALGA within such reasonable time after the receipt by WALGA of a
notice from the Commission stating that that submission is required as is
specified in that notice.
(1k) If a submission
is not made under subsection (1j) within the time specified under that
subsection, the Commission may appoint such persons as it thinks fit to be
members of the regional planning committee in place of the persons provided
for in subsection (1i)(a)(iv).
(2) A committee shall
comply with any direction of the Commission.
(3) Subject to any
direction of the Commission, a committee may determine its own procedure.
[Section 19 amended by No. 35 of 1993 s. 6; No. 84
of 1994 s. 32; No. 73 of 1995 s. 188; No. 14 of 1996 s. 4; No. 22 of 1996
s. 16(13); No. 57 of 1997 s. 131; No. 36 of 1999 s. 247; No. 58 of 1999 s. 87;
No. 7 of 2002 s. 58; No. 67 of 2003 s. 62; No. 69 of 2003 s. 4; No. 49 of 2004
s. 13.]