Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


PERRY LAKES REDEVELOPMENT BILL 2005

                     Western Australia


     Perry Lakes Redevelopment Bill 2005

                        CONTENTS


        Part 1 -- Preliminary
1.      Short title                                         2
2.      Commencement                                        2
3.      Interpretation                                      2
4.      Governor may fix certain dates                      5
5.      Crown bound                                         5
        Part 2 -- Resumption and return of
             certain lands
6.      Certain land resumed                                6
7.      No compensation payable for Perry Lakes land        7
8.      Compensation for part of the AK Reserve land        7
9.      Return of part of Perry Lakes land                  8
        Part 3 -- Redeveloping the
             redevelopment area
        Division 1 -- Preliminary
10.     Interpretation for the purposes of the EP Act       9
        Division 2 -- General
11.     Perry Lakes land                                   10
12.     AK Reserve Minister's functions                    11
13.     Compliance with written laws                       12
        Division 3 -- Operation of planning and other
               laws affected
14.     Certain planning schemes cease to apply            12
15.     Certain planning schemes affecting redevelopment
        area not to operate until completion day           13
16.     Certain local laws suspended                       14


                          082--2B                           page i
Perry Lakes Redevelopment Bill 2005



Contents



      17.     Operation of other laws may be suspended            14
              Division 4 -- Redevelopment plans
      18.     Time for complying with this Division               15
      19.     Draft redevelopment plans to be prepared            15
      20.     Draft redevelopment plan to be submitted to local
              government for comment                              16
      21.     Draft redevelopment plan to be submitted to EPA     16
      22.     Draft redevelopment plan to be submitted to
              WAPC                                                16
      23.     WAPC's functions as to draft redevelopment plan     18
      24.     Public notification of draft redevelopment plan     18
      25.     Public submissions on draft redevelopment plan      19
      26.     Draft development plan to be submitted to
              Planning Minister                                   19
      27.     Planning Minister's functions as to draft
              redevelopment plans                                 20
      28.     Planning Minister's approval to be gazetted         21
      29.     Redevelopment plan may be amended                   21
              Division 5 -- Development control
      30.     Town Planning and Development Act 1928 s. 20,
              operation of                                        22
      31.     Undertaking unauthorised developments an
              offence                                             22
      32.     Application for development approval                22
      33.     WAPC's to notify certain people of applications     23
      34.     WAPC's functions as to applications                 23
      35.     Review of WAPC's decision by SAT                    25
      36.     Building laws, operation of                         25
              Division 6 -- Unauthorised developments
      37.     Interpretation                                      27
      38.     Unauthorised developments, WAPC's powers as to      27
              Division 7 -- Miscellaneous
      39.     Planning Minister's powers to ensure
              environmental conditions are met                    28
      40.     Annual reports about redevelopment                  30
              Part 4 -- Financial provisions
      41.     Perry Lakes Trust Fund established                  31
      42.     Amounts to be credited to the Fund                  31


page ii
                               Perry Lakes Redevelopment Bill 2005



                                                           Contents



43.   Amounts to be charged to the Fund                      31
44.   Power to borrow                                        33
45.   Treasurer may make advances to the Fund                34
46.   Payments to Town of Cambridge                          34
47.   Notice that no costs or expenses are chargeable to
      Fund                                                   34
48.   Closure of Fund                                        34
      Part 5 -- Miscellaneous
49.   Delegation                                             35
50.   Body corporate's officers, liability of                35
51.   Regulations                                            36
52.   Review of Act                                          36
      Part 6 -- Cambridge Endowment
           Lands Act 1920 amended
53.   Cambridge Endowment Lands Act 1920 amended             38
      Schedule 1 -- Resumed land
      Schedule 2 -- Lot 713 on Deposited
          Plan 48234
      Defined Terms




                                                            page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


        Perry Lakes Redevelopment Bill 2005


                               A Bill for


An Act to provide for the resumption and redevelopment of certain
land at Perry Lakes, and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Perry Lakes Redevelopment Bill 2005
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Perry Lakes Redevelopment Act 2005.

     2.         Commencement
 5        (1)   Subject to this section, this Act comes into operation on the day
                on which it receives the Royal Assent.
          (2)   Part 3 comes into operation on resumption day.

     3.         Interpretation
          (1)   In this Act, unless the contrary intention appears --
10              "AK Reserve land" means the land being Lot 713 on
                     Deposited Plan 48234 as created under section 6(6);
                "AK Reserve Minister" means --
                     (a) the Minister of the Crown to whom the Governor has
                           for the time being committed the administration of
15                         the Western Australian Sports Centre Trust Act 1986;
                           or
                     (b) such other Minister of the Crown as the Governor, by
                           a proclamation published in the Gazette, has declared
                           to be the AK Reserve Minister for the purposes of
20                         this Act;
                "approved redevelopment plan" means a redevelopment plan
                     in operation under section 28(2) as amended under
                     section 29;
                "Avenues land" means the land being that part of Lot 25 on
25                   Deposited Plan 25810 as is described as Stephenson and
                     Underwood Avenues on Deposited Plan 48234 and being
                     part of the land in Certificate of Title Volume 2586
                     Folio 279;
                "completion day" means a day fixed under section 4(2);



     page 2
                               Perry Lakes Redevelopment Bill 2005
                                         Preliminary        Part 1

                                                                s. 3



     "development" has the meaning given to that term by the Town
          Planning and Development Act 1928 section 2, but does
          not include any work, act or activity declared by
          regulations made under this Act not to constitute
 5        development;
     "development approval" means a development approval
          issued by the WAPC under Part 3 Division 5;
     "district" has the meaning given to that term by the Local
          Government Act 1995 section 1.4;
10   "Environment Minister" means the Minister of the Crown to
          whom the Governor has for the time being committed the
          administration of the EP Act;
     "EP Act" means the Environmental Protection Act 1986;
     "EPA" means the Environmental Protection Authority
15        continued in existence under the EP Act;
     "Fund" means the Perry Lakes Trust Fund established under
          section 41;
     "interest", in land, has the meaning given to that term by the
          Land Administration Act 1997 section 151;
20   "Metropolitan Region Scheme" has the meaning given to that
          term by the Metropolitan Region Town Planning Scheme
          Act 1959 section 6;
     "Perry Lakes land" means the land being Lot 712 on Diagram
          90077 and being the whole of the land in Certificate of
25        Title Volume 2138 Folio 21;
     "Planning Minister" means the Minister of the Crown to
          whom the Governor has for the time being committed the
          administration of the Town Planning and Development
          Act 1928;
30   "redevelopment area" means the area of land comprised of --
          (a) the resumed land; and




                                                             page 3
     Perry Lakes Redevelopment Bill 2005
     Part 1         Preliminary

     s. 3



                  (b)    any land that is contiguous to the resumed land and
                         that is declared to be part of the redevelopment area
                         by the regulations,
                  but not including any part of such land that is declared not
 5                to be part of the redevelopment area by the regulations;
              "redevelopment period" means the period beginning on
                  resumption day and ending immediately before completion
                  day;
              "responsible agency" --
10                (a) for the AK Reserve land, means the AK Reserve
                         Minister;
                  (b) for the Perry Lakes land, means the WALA;
              "resumed land" means the land transferred under section 6(2)
                  or revested under section 6(3), an indicative plan of which
15                is in Schedule 1;
              "resumption day" means a day fixed under section 4(1);
              "town planning scheme" means a town planning scheme that
                  is in operation under the Town Planning and Development
                  Act 1928;
20            "WALA" means the Western Australian Land Authority
                  established by the Western Australian Land Authority
                  Act 1992 section 5;
              "WAPC" means the Western Australian Planning Commission
                  established by the Western Australian Planning
25                Commission Act 1985.
        (2)   Certificates of Title, Deposited Plans or Diagrams referred to in
              this Act are those held by the department of the Public Service
              that principally assists in the administration of the Transfer of
              Land Act 1893.




     page 4
                                            Perry Lakes Redevelopment Bill 2005
                                                      Preliminary        Part 1

                                                                           s. 4



     4.         Governor may fix certain dates
          (1)   On the recommendation of the Planning Minister, the Governor,
                by a proclamation published in the Gazette, may fix a day as
                resumption day.
 5        (2)   On the recommendation of the Planning Minister, the Governor,
                by a proclamation published in the Gazette, may fix a day as
                completion day.
          (3)   The Planning Minister must not make a recommendation under
                subsection (2) unless --
10                (a) satisfied --
                          (i) that the Metropolitan Region Scheme, in so far
                               as it will apply to the redevelopment area on
                               completion day; and
                         (ii) that any town planning scheme, in so far as it
15                             will apply to the redevelopment area on
                               completion day,
                       does not --
                        (iii) prevent any development that would be
                               permitted; or
20                      (iv) allow any development that would not be
                               permitted,
                       in the redevelopment area immediately before
                       completion day under an approved redevelopment plan
                       for the area; and
25                (b) the Planning Minister has published a notice under
                       section 47.

     5.         Crown bound
                This Act binds the Crown.




                                                                        page 5
     Perry Lakes Redevelopment Bill 2005
     Part 2         Resumption and return of certain lands

     s. 6



            Part 2 -- Resumption and return of certain lands
     6.         Certain land resumed
          (1)   In this section --
                "registered" means registered under the Transfer of Land
 5                   Act 1893.
          (2)   On resumption day the estate in fee simple of --
                 (a) the Perry Lakes land;
                 (b) Lot 711 on Diagram 90080 and being the whole of the
                       land in Certificate of Title Volume 2138 Folio 28;
10               (c) part of Lot 25 on Deposited Plan 25810 and being part
                       of the land in Certificate of Title Volume 2586
                       Folio 279; and
                 (d) portion of road shown as Lot 2 on Deposited
                       Plan 48234,
15              is transferred to and subject to this Act, is to be held by, the
                Crown in right of the State.
          (3)   On resumption day --
                 (a) the absolute property in the Avenues land is revested in
                       the Crown and removed from the operation of the
20                     Transfer of Land Act 1893;
                 (b) the land comprising the Avenues land is dedicated as a
                       road; and
                 (c) the Land Administration Act 1997 applies as if that land
                       had been dedicated as a road under that Act.
25        (4)   On resumption day every registered and unregistered interest in
                the resumed land that existed immediately before that day is
                extinguished, other than the easement 24512/1966 to the
                Metropolitan Water Supply Sewerage and Drainage Board
                registered against the Perry Lakes land.



     page 6
                                           Perry Lakes Redevelopment Bill 2005
                             Resumption and return of certain lands     Part 2

                                                                               s. 7



          (5)   The Registrar of Titles must do all things necessary under the
                Transfer of Land Act 1893 to record in the register kept under
                that Act the matters effected by this section.
          (6)   Without limiting subsection (5), the Registrar of Titles may do
 5              all things necessary to create Lot 713 on Deposited Plan 48234
                (as depicted in Schedule 2) including (but not limited to) closing
                the portion of road shown as Lot 2 on Deposited Plan 48234 and
                amalgamating that portion with Lot 711 on Diagram 90080.
          (7)   Any matter that is required to be done or that may be done
10              under this section is exempt from fees under the Transfer of
                Land Act 1893.

     7.         No compensation payable for Perry Lakes land
          (1)   A person who holds an interest extinguished by section 6(4) in
                respect of the Perry Lakes land is not entitled to claim or receive
15              any compensation for the extinguishment.
          (2)   The Land Administration Act 1997 Parts 9 and 10 do not apply
                to or in relation to the compulsory acquisition of the Perry
                Lakes land effected by section 6.
          (3)   The State is not liable to indemnify any person for any expenses
20              incurred before resumption day in relation to the Perry Lakes
                land.

     8.         Compensation for part of the AK Reserve land
          (1)   Within 6 months after resumption day the State must pay the
                Town of Cambridge $1 700 000 as compensation for the
25              extinguishment by section 6(4) of its interest in the land
                being --
                  (a) Lot 711 on Diagram 90080 and being the whole of the
                       land in Certificate of Title Volume 2138 Folio 28; and
                  (b) part of Lot 25 on Deposited Plan 25810 and being part
30                     of the land in Certificate of Title Volume 2586
                       Folio 279.


                                                                            page 7
     Perry Lakes Redevelopment Bill 2005
     Part 2         Resumption and return of certain lands

     s. 9



          (2)   The sum to be paid under subsection (1) must be charged to the
                Consolidated Fund which is appropriated accordingly by this
                section.
          (3)   Except as provided by subsection (1), a person who holds an
 5              interest extinguished by section 6(4) in respect of the land
                being --
                  (a) Lot 711 on Diagram 90080 and being the whole of the
                         land in Certificate of Title Volume 2138 Folio 28;
                  (b) part of Lot 25 on Deposited Plan 25810 and being part
10                       of the land in Certificate of Title Volume 2586 Folio
                         279; and
                  (c) portion of road shown as Lot 2 on Deposited Plan
                         48234,
                is not entitled to claim or receive any compensation for the
15              extinguishment.
          (4)   The Land Administration Act 1997 Parts 9 and 10 do not apply
                to or in relation to the compulsory acquisition of the land
                referred to in subsection (3) effected by section 6.
          (5)   The State is not liable to indemnify any person for any expenses
20              incurred before resumption day in relation to the land referred to
                in subsection (3).

     9.         Return of part of Perry Lakes land
          (1)   At any time before completion day the State may transfer to the
                Town of Cambridge any estate in fee simple that the State then
25              holds in any part of the Perry Lakes land.
          (2)   On a day that is not later than 6 months after completion day the
                State must transfer to the Town of Cambridge any estate in fee
                simple that the State holds on the date of the transfer in any of
                the Perry Lakes land.
30        (3)   Any transfer that may or must be made under this section is
                exempt from fees under the Transfer of Land Act 1893 and from
                stamp duty.

     page 8
                                             Perry Lakes Redevelopment Bill 2005
                               Redeveloping the redevelopment area        Part 3
                                                        Preliminary  Division 1
                                                                            s. 10



             Part 3 -- Redeveloping the redevelopment area
                              Division 1 -- Preliminary
     10.         Interpretation for the purposes of the EP Act
           (1)   For the purposes of the EP Act --
 5                (a) this Act is a "scheme Act";
                  (b) a draft redevelopment plan, or a draft amendment to an
                         approved redevelopment plan, prepared under
                         Division 4 is a "scheme";
                  (c) the WALA is the "responsible authority" in relation to
10                       such a scheme relating to the Perry Lakes land;
                  (d) the AK Reserve Minister is the "responsible authority"
                         in relation to such a scheme relating to the AK Reserve
                         land;
                  (e) the Planning Minister is the "responsible Minister" in
15                       relation to such a scheme relating to either the Perry
                         Lakes land or the AK Reserve land;
                   (f) the period set and notified under section 24 is the
                         "period of public review" in relation to such a scheme
                         relating to either the Perry Lakes land or the AK
20                       Reserve land; and
                  (g) any approval given under section 27 is a "final
                         approval" in relation to such a scheme relating to either
                         the Perry Lakes land or the AK Reserve land,
                 and the EP Act operates accordingly.
25         (2)   For the purposes of the EP Act section 48C(6), the procedure
                 referred to in sections 24 and 25 of this Act is a procedure of the
                 public review of a scheme.




                                                                             page 9
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 2     General
     s. 11



                                Division 2 -- General
     11.         Perry Lakes land
           (1)   The WALA may do all things necessary to plan, undertake,
                 promote and coordinate the redevelopment of the Perry Lakes
 5               land.
           (2)   The WALA may exercise any of its powers under the Western
                 Australian Land Authority Act 1992 for the purpose of
                 performing its functions under subsection (1).
           (3)   Without limiting subsections (1) and (2) the WALA may do any
10               or all of the following --
                   (a) hold, deal with, exchange or dispose of the Perry Lakes
                          land or any part of it;
                   (b) on behalf of the Crown in the right of the State, sign any
                          document in connection with dealing with, exchanging
15                        or disposing of the Perry Lakes land or any part of it;
                   (c) subdivide, amalgamate, improve, develop and alter the
                          Perry Lakes land or any part of it;
                   (d) enter into any contract or arrangement with any person,
                          including a public authority or a local government, for
20                        the performance by the person of any work or the supply
                          of equipment or services.
           (4)   The WALA must perform its functions under this section in
                 accordance with the approved redevelopment plan for the Perry
                 Lakes land.
25         (5)   Nothing in this Act prevents the subdivision and sale of the
                 whole or any part of the Perry Lakes land.
           (6)   The WALA must not perform functions under this section after
                 completion day.




     page 10
                                            Perry Lakes Redevelopment Bill 2005
                              Redeveloping the redevelopment area        Part 3
                                                         General    Division 2
                                                                           s. 12



     12.         AK Reserve Minister's functions
           (1)   The AK Reserve Minister, acting on behalf of, and in the name
                 of, the State, must ensure that the following sporting facilities
                 are constructed --
 5                 (a) facilities for athletics that will serve the people of the
                         whole State;
                   (b) facilities for basketball of such a size and standard as are
                         determined by the Minister;
                   (c) facilities for rugby of such a size and standard as are
10                       determined by the Minister.
           (2)   The sporting facilities must be constructed wholly or partly on
                 the AK Reserve land or on land in the redevelopment area that
                 is contiguous with that land or on land outside the
                 redevelopment area, as the Minister decides, but not on the
15               Perry Lakes land.
           (3)   The AK Reserve land must not be developed for a purpose that
                 is inconsistent with the purpose for which it was reserved under
                 the Metropolitan Region Scheme immediately before the
                 coming into operation of this section.
20         (4)   The AK Reserve Minister, acting on behalf of and in the name
                 of the State, may do all things necessary for the purposes of
                 subsection (1).
           (5)   Without limiting subsection (4) the AK Reserve Minister, acting
                 on behalf of and in the name of the State, may do any or all of
25               the following --
                   (a) hold, deal with, exchange or dispose of the AK Reserve
                         land or any part of it;
                   (b) sign any document in connection with dealing with,
                         exchanging or disposing of the AK Reserve land or any
30                       part of it;
                   (c) carry out any investigation, survey, exploration or
                         feasibility study;


                                                                           page 11
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 3     Operation of planning and other laws affected
     s. 13



                  (d)   enter into any contract or arrangement with any person,
                        including a public authority or a local government, for
                        the performance by the person of any work or the supply
                        of equipment or services;
 5                (e)   apply for the grant of any licence or other authority
                        required for the purposes of this Act.
           (6)   The AK Reserve Minister must perform his or her functions
                 under this section in accordance with the approved
                 redevelopment plan for the AK Reserve land.
10         (7)   Nothing in this Act prevents all or part of the AK Reserve land
                 from being the subject of an order made under the Land
                 Administration Act 1997 section 82.
           (8)   The AK Reserve Minister must not perform functions under this
                 section after completion day.

15   13.         Compliance with written laws
                 Nothing in this Division is to be read as conferring on the
                 WALA or the AK Reserve Minister in the performance of their
                 functions any immunity from the operation of any written law.

       Division 3 -- Operation of planning and other laws affected
20   14.         Certain planning schemes cease to apply
           (1)   In this section --
                 "planning scheme" means --
                      (a) the Metropolitan Region Scheme; or
                      (b) a town planning scheme.
25         (2)   On resumption day, any planning scheme that applies to the
                 redevelopment area immediately before that day, ceases to
                 apply to that area and to any development of that area
                 commenced on or after that day.




     page 12
                                               Perry Lakes Redevelopment Bill 2005
                               Redeveloping the redevelopment area          Part 3
                        Operation of planning and other laws affected  Division 3
                                                                              s. 15



           (3)   If, after resumption day, any land is declared by the regulations
                 to be part of the redevelopment area, any planning scheme that
                 applies to that land immediately before the declaration ceases to
                 apply to that land and to any development of that land
 5               commenced on or after that time.
           (4)   The Interpretation Act 1984 section 37 applies in respect of
                 subsections (2) and (3) as if a planning scheme were an
                 enactment and the subsections repealed the scheme.
           (5)   Subsections (2) and (3) do not affect the operation of section 15.
10         (6)   If, after resumption day, any land is declared by the regulations
                 not to be part of the redevelopment area, a planning scheme
                 that, but for subsection (2) or (3), would apply to the land,
                 applies to the land.

     15.         Certain planning schemes affecting redevelopment area not
15               to operate until completion day
           (1)   Any amendment made to the Metropolitan Region Scheme after
                 resumption day and before completion day, in so far as it
                 applies to the redevelopment area, has no effect until
                 completion day.
20         (2)   A town planning scheme, or an amendment to such a scheme,
                 made after resumption day and before completion day, in so far
                 as it applies to the redevelopment area, has no effect until
                 completion day.
           (3)   Subject to subsections (1) and (2), this Act does not prevent an
25               amendment referred to in subsection (1) or (2), or a town
                 planning scheme referred to in subsection (2), being made after
                 resumption day and before completion day so as to commence
                 on completion day.




                                                                           page 13
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 3     Operation of planning and other laws affected
     s. 16



     16.         Certain local laws suspended
           (1)   In this section --
                 "building local laws" means local laws made under the Local
                      Government (Miscellaneous Provisions) Act 1960
 5                    section 433.
           (2)   On resumption day any building local laws made by the local
                 government of the district in which the resumed land is situated
                 cease to apply to the resumed land.
           (3)   If, after resumption day, any land is declared by the regulations
10               to be part of the redevelopment area, any building local laws
                 made by the local government of the district in which the land is
                 situated cease to apply to the land.
           (4)   The Interpretation Act 1984 section 37 applies in respect of
                 subsections (2) and (3) as if they repealed the building local
15               laws.
           (5)   If, after resumption day, any land is declared by the regulations
                 not to be part of the redevelopment area, any building local laws
                 made by the local government of the district in which the land is
                 situated that, but for subsection (2) or (3), would apply to the
20               land, apply to that land.
           (6)   On completion day any building local laws made by the local
                 government of the district in which the redevelopment area is
                 situated that, but for subsection (2) or (3), would apply to the
                 area, apply to the area.

25   17.         Operation of other laws may be suspended
                 The Town Planning and Development Act 1928 section 33, with
                 any necessary changes, applies for the purpose of carrying out
                 an approved redevelopment plan as if a reference in that
                 section --
30                 (a) to an Act were a reference to a written law;



     page 14
                                            Perry Lakes Redevelopment Bill 2005
                              Redeveloping the redevelopment area        Part 3
                                             Redevelopment plans    Division 4
                                                                           s. 18



                  (b)   to an approved scheme were a reference to that approved
                        redevelopment plan; and
                  (c)   to the responsible authority were a reference to --
                           (i) in the case of the Perry Lakes land, the WALA;
 5                        (ii) in the case of the AK Reserve land, the AK
                                Reserve Minister.

                        Division 4 -- Redevelopment plans
     18.         Time for complying with this Division
                 Subject to sections 19 to 28, the actions required under those
10               sections must be done as soon as practicable after resumption
                 day.

     19.         Draft redevelopment plans to be prepared
           (1)   The WALA must prepare a draft redevelopment plan for the
                 Perry Lakes land.
15         (2)   The AK Reserve Minister must prepare a draft redevelopment
                 plan for the AK Reserve land.
           (3)   In preparing a draft redevelopment plan, the responsible agency
                 concerned must --
                   (a) make reasonable endeavours to consult such public
20                      authorities and persons as appear to the agency would be
                        likely to be affected by the plan if it were approved; and
                   (b) include in the plan any provision that the agency
                        considers will promote the orderly and proper planning,
                        development and management of the land concerned.
25         (4)   A draft redevelopment plan may include any provision that may
                 be made by a town planning scheme under the Town Planning
                 and Development Act 1928.




                                                                          page 15
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 4     Redevelopment plans
     s. 20



     20.         Draft redevelopment plan to be submitted to local
                 government for comment
                 A responsible agency that prepares a draft redevelopment plan
                 under section 19 must submit it for comment to the local
 5               government in whose district the land concerned is situated.

     21.         Draft redevelopment plan to be submitted to EPA
           (1)   A responsible agency that prepares a draft redevelopment plan
                 under section 19 must submit it to the EPA together with such
                 written information about it as is sufficient to enable the EPA to
10               comply with EP Act section 48A in relation to it.
           (2)   If, under the EP Act section 48A(1)(b)(i), the EPA informs the
                 responsible agency that the draft should be assessed by the EPA
                 under the EP Act Part IV Division 3, the agency must --
                    (a) within 7 days after the last day on which submissions
15                       may be made to the agency under section 25, send the
                         EPA a copy of each submission made under section 25
                         that relates wholly or in part to any environmental issue
                         raised by the draft; and
                   (b) within 42 days after that last day, advise the EPA of the
20                       agency's views on and response to each environmental
                         issue to which any such submission relates.
           (3)   If, under the EP Act section 48C(1)(a), the EPA requires the
                 responsible agency to undertake an environmental review of the
                 draft, the agency must, if it wants to proceed with the draft,
25               undertake the review in accordance with the instructions issued
                 under that section.

     22.         Draft redevelopment plan to be submitted to WAPC
           (1)   A responsible agency that prepares a draft redevelopment plan
                 under section 19 must submit it to the WAPC.




     page 16
                                      Perry Lakes Redevelopment Bill 2005
                        Redeveloping the redevelopment area        Part 3
                                       Redevelopment plans    Division 4
                                                                     s. 22



     (2)   The draft must not be submitted to the WAPC before --
            (a) 35 days have elapsed since the day on which it was
                  submitted to the local government under section 20;
            (b) the agency has sent any environmental review required
 5                by section 21(3) to the EPA; and
            (c) either --
                     (i) the EPA has advised the agency that the review
                          has been undertaken in accordance with the
                          instructions issued under the EP Act
10                        section 48C(1)(a); or
                    (ii) 30 days have elapsed since the day on which the
                          review was sent to the EPA and the EPA has not
                          advised whether or not the review has been
                          undertaken in accordance with those instructions,
15                whichever first occurs.
     (3)   The draft must be submitted to the WAPC together with any
           comments received from the local government to which it was
           submitted under section 20.
     (4)   If the EPA advises the responsible agency that the review has
20         not been undertaken in accordance with the instructions issued
           under the EP Act section 48C(1)(a), the agency may --
              (a) consult with the Environment Minister and, if possible,
                   agree with him or her on whether or not the review has
                   been undertaken in accordance with those instructions;
25                 or
             (b) comply with section 21(3).
     (5)   If under subsection (4)(a) the agency and the Environment
           Minister consult then --
              (a) if they agree whether or not the review has been
30                 undertaken in accordance with the instructions issued
                   under the EP Act section 48C(1)(a), their decision is
                   final and cannot be appealed; and
             (b) if they cannot so agree, the EP Act section 48J applies.

                                                                   page 17
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 4     Redevelopment plans
     s. 23



     23.         WAPC's functions as to draft redevelopment plan
           (1)   Having considered a draft redevelopment plan submitted to it
                 under section 22 by a responsible agency, the WAPC may --
                   (a) consent or refuse to consent to the public notification of
 5                      the draft; or
                  (b) consent to such public notification subject to the draft
                        being amended as directed by the WAPC.
           (2)   If under subsection (1) the WAPC refuses to consent to the
                 public notification of a draft redevelopment plan, the WAPC
10               must give the agency directions as to the preparation and
                 submission to the WAPC of a further draft redevelopment plan.
           (3)   A responsible agency must comply with any direction given
                 under subsection (1) or (2).

     24.         Public notification of draft redevelopment plan
15         (1)   If under section 23(1), the WAPC consents to the public
                 notification of a draft redevelopment plan, the responsible
                 agency that prepared the draft must publish a notice stating --
                    (a) where and when a copy of the draft can be inspected and
                         where and when such a copy can be obtained;
20                 (b) the effect of section 25; and
                    (c) the period within which submissions about the draft can
                         be made, set under subsection (3).
           (2)   The notice must be published --
                  (a) in the Gazette; and
25                (b) in 2 issues of a newspaper circulating in the local
                        government district in which the redevelopment area is
                        situated.
           (3)   The period within which submissions about the draft can be
                 made must be set by the responsible agency, but must not be
30               less than 60 days after the day on which the notice is published
                 in the Gazette.

     page 18
                                            Perry Lakes Redevelopment Bill 2005
                              Redeveloping the redevelopment area        Part 3
                                             Redevelopment plans    Division 4
                                                                           s. 25



           (4)   Regulations made under this Act may prescribe a fee for
                 obtaining a copy of a draft redevelopment plan.

     25.         Public submissions on draft redevelopment plan
           (1)   Any person may send the responsible agency that prepared a
 5               draft redevelopment plan, notice of which has been published in
                 the Gazette under section 24, a written submission about the
                 draft.
           (2)   Any such submission must be received by the office of the
                 responsible agency within the period stated in that notice.

10   26.         Draft development plan to be submitted to Planning
                 Minister
           (1)   After section 24 has been complied with and the period within
                 which submissions about a draft redevelopment plan can be
                 made has elapsed, the responsible agency that prepared the draft
15               must submit it to the WAPC.
           (2)   The draft may include amendments that take account of any
                 comments received from the local government concerned and
                 any submission received under section 25.
           (3)   The draft must be submitted to the WAPC together with a
20               summary, and a report by the responsible agency on the merits,
                 of all submissions received under section 25.
           (4)   After considering the draft and the material submitted under
                 subsection (3), the WAPC must submit the draft to the Planning
                 Minister with a report about it and a recommendation to that
25               Minister that he or she --
                   (a) approve it;
                   (b) refuse to approve it; or
                   (c) approve it subject to amendments being made to it, as
                         recommended by the WAPC.




                                                                           page 19
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 4     Redevelopment plans
     s. 27



     27.         Planning Minister's functions as to draft redevelopment
                 plans
           (1)   After considering a draft redevelopment plan, and the report and
                 recommendation about it, submitted to him or her under
 5               section 26, the Planning Minister must --
                   (a) approve it;
                   (b) refuse to approve it; or
                   (c) approve it subject to amendments being made to it, as
                         directed by the Planning Minister.
10         (2)   The Planning Minister must not act under subsection (1) --
                  (a) until --
                           (i) under the EP Act section 48A(1)(a), the EPA has
                                informed the responsible agency that prepared
                                the draft that the EPA considers that the draft
15                              should not be assessed by the EPA under the EP
                                Act Part IV Division 3;
                          (ii) the 28 day period referred to in the EP Act
                                section 48A(1)(b)(i) has expired without the EPA
                                having, under that section, informed the
20                              responsible agency that prepared the draft; or
                         (iii) the Planning Minister has received a statement
                                delivered under the EP Act section 48F(2), or a
                                decision has been made under the EP Act
                                section 48J, in respect of the conditions, if any,
25                              to which the draft is subject and he or she is
                                satisfied that the conditions, if any, to which the
                                draft is subject have been incorporated into the
                                draft received by the Planning Minister,
                        whichever first occurs; or
30                (b) if he or she has reached agreement with the
                        Environment Minister under the EP Act
                        section 48A(2)(b).



     page 20
                                             Perry Lakes Redevelopment Bill 2005
                               Redeveloping the redevelopment area        Part 3
                                              Redevelopment plans    Division 4
                                                                            s. 28



           (3)   If the Planning Minister refuses to approve a draft
                 redevelopment plan, the Minister must give directions as to the
                 preparation of a further draft redevelopment plan and as to the
                 submission of the plan under this section and such of
 5               sections 20 and 22 as the Minister may specify.
           (4)   A responsible agency that prepares a draft redevelopment plan
                 must comply with any direction given by the Planning Minister
                 under subsection (1) or (3).

     28.         Planning Minister's approval to be gazetted
10         (1)   If under section 27 the Planning Minister approves a
                 redevelopment plan, the responsible agency that prepared the
                 draft of it must publish a notice in the Gazette of the approval
                 and of where and when a copy of the approved plan can be
                 inspected and where and when a copy can be obtained.
15         (2)   An approved redevelopment plan comes into operation on the
                 day on which the notice is published under subsection (1), or on
                 any later day specified in the plan.
           (3)   Regulations made under this Act may prescribe a fee for
                 obtaining a copy of an approved redevelopment plan.

20   29.         Redevelopment plan may be amended
           (1)   The responsible agency that prepared the draft of an approved
                 redevelopment plan may prepare a draft amendment to the plan.
           (2)   Sections 20 to 28, with any necessary changes, apply to a draft
                 amendment as if --
25                 (a) any reference in those sections to a draft redevelopment
                        plan were references to the draft amendment; and
                  (b) the reference in section 27(3) to a further draft
                        redevelopment plan were a reference to a further draft
                        amendment.




                                                                            page 21
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 5     Development control
     s. 30



                        Division 5 -- Development control
     30.         Town Planning and Development Act 1928 s. 20, operation of
                 When exercising any power under the Town Planning and
                 Development Act 1928 section 20 in relation to a part of the
 5               redevelopment area the WAPC must have regard to the
                 approved development plan that relates to that part of the
                 redevelopment area.

     31.         Undertaking unauthorised developments an offence
           (1)   A person who, in the redevelopment period, undertakes any
10               development on any part of the redevelopment area, or causes
                 any such development to be undertaken, commits an offence
                 unless the development is authorised by a development
                 approval.
           (2)   A person who, while a development approval is in force,
15               undertakes any development, or causes any such development to
                 be undertaken, that contravenes the approval, or any condition
                 to which the approval is subject, commits an offence.
           (3)   A person who commits an offence under subsection (1) or (2) is
                 liable to a fine of $50 000 and, for each separate and further
20               offence committed by the person under the Interpretation
                 Act 1984 section 71, a fine of $5 000.
           (4)   To avoid doubt, subsections (1), (2) and (3) apply to the WALA
                 and to the AK Reserve Minister.
           (5)   It is immaterial for the purposes of this Division that a
25               development is undertaken in the performance of a function
                 vested in a person by a written law.

     32.         Application for development approval
           (1)   An application for a development approval must be made to the
                 WAPC in the prescribed form with the fee (if any) prescribed by
30               the regulations.


     page 22
                                            Perry Lakes Redevelopment Bill 2005
                              Redeveloping the redevelopment area        Part 3
                                              Development control   Division 5
                                                                           s. 33



           (2)   An application must be accompanied by plans and
                 specifications of the proposed development.
           (3)   The applicant must provide any information or documents
                 relating to the proposed development that the WAPC may
 5               reasonably require.
           (4)   An application cannot be made under this section on or after
                 completion day.

     33.         WAPC's to notify certain people of applications
           (1)   On receiving an application for a development approval made
10               under section 32, the WAPC must give written notice of its
                 particulars to --
                   (a) each public authority that appears to the WAPC to have
                         functions relevant to, or whose operations are likely to
                         be affected by, the proposed development; and
15                 (b) the local government in whose district the land
                         concerned is situated.
           (2)   A person notified under subsection (1) may make submissions
                 to the WAPC about the proposed development.

     34.         WAPC's functions as to applications
20         (1)   In considering an application for a development approval made
                 under section 32, the WAPC must have regard to --
                   (a) the approved redevelopment plan that relates to the land;
                   (b) any submissions received from a person notified under
                         section 33(1);
25                 (c) the requirements of orderly and proper planning; and
                   (d) the preservation of the amenities of the area.
           (2)   After considering an application for a development approval
                 made under section 32, the WAPC may --
                  (a) refuse to issue a development approval for the proposed
30                       development;

                                                                          page 23
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 5     Development control
     s. 34



                (b)    issue such an approval; or
                (c)    issue such an approval subject to any condition decided
                       by the WAPC.
        (3)    Without limiting subsection (2)(c), a development approval may
 5             be issued subject to a condition limiting the time for which the
               approval remains in force.
        (4)    The WAPC must not act under subsection (2) until --
                (a) at least 42 days after the day on which section 33(1) is
                    complied with; or
10              (b) final submissions are made to it by each person notified
                    under section 33(1),
               whichever occurs first.
        (5)    If on completion day the WAPC has not acted under
               subsection (2) in respect of an application, the WAPC must
15             forward the application, and any submissions received from a
               person notified under section 33(1), to the person or persons to
               whom, under --
                  (a) the Metropolitan Region Scheme; or
                 (b) a town planning scheme that operates in respect of the
20                     land to which the application relates,
               an application for approval for development must be made.
        (6)    An application that is forwarded under subsection (5) is to be
               taken to be an application for approval for development made
               under --
25               (a) the Metropolitan Region Scheme; or
                 (b) a town planning scheme that operates in respect of the
                       land to which the application relates,
               as the case requires.




     page 24
                                             Perry Lakes Redevelopment Bill 2005
                               Redeveloping the redevelopment area        Part 3
                                               Development control   Division 5
                                                                            s. 35



           (7)   The WAPC must give written notice of any decision under
                 subsection (2), or any action taken under subsection (5), to the
                 applicant and each person notified under section 33(1).
           (8)   Subject to any condition limiting the time for which it remains
 5               in force, a development approval remains in force on and after
                 completion day if the development to which it applies has not
                 been completed before completion day.

     35.         Review of WAPC's decision by SAT
                 An applicant for a development approval may apply to the State
10               Administrative Tribunal for a review, in accordance with the
                 Town Planning and Development Act 1928 Part V, of a decision
                 made under section 34 in respect of the applicant's application.

     36.         Building laws, operation of
           (1)   In this section --
15               "building laws" means --
                      (a) the Local Government (Miscellaneous Provisions)
                             Act 1960 Part XV, other than Part XV Division 20;
                             and
                      (b) regulations made under Part XV Division 20 of that
20                           Act;
                 "Housing Minister" means the Minister of the Crown to whom
                      the Governor has for the time being committed the
                      administration of the Housing Act 1980;
                 "relevant local government" means the local government of
25                    the district in which the Perry Lakes land is situated.
           (2)   In so far as the building laws apply to or in respect of any
                 building that is or may be constructed, or to any activity that is
                 or may be carried out, on the Perry Lakes land, the building
                 laws apply until but not including completion day as if --
30                 (a) any reference in them to the local government were
                         instead a reference to the Housing Minister; and


                                                                             page 25
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 5     Development control
     s. 36



                (b)   any reference in them to the chief executive officer of
                      the local government were instead a reference to the
                      Housing Minister.
        (3)    Until but not including completion day, the Housing Minister
 5             has and may perform any function under the building laws that
               the relevant local government has in respect of any building that
               is or may be constructed, or of any activity that is or may be
               carried out, on the Perry Lakes land.
        (4)    On completion day any decision made under the building laws
10             by the Housing Minister in respect of any matter connected with
               the Perry Lakes land has effect as if it had been made by the
               relevant local government.
        (5)    On or as soon as practicable after completion day the Housing
               Minister must give the relevant local government --
15              (a) a copy of any approval, licence or other document
                      issued by the Housing Minister under the building laws
                      in respect of any matter connected with the Perry Lakes
                      land;
                (b) any application that has been made under the building
20                    laws to the Housing Minister in respect of any matter
                      connected with the Perry Lakes land and that has not
                      been decided by the Housing Minister;
                (c) any fee received by the Housing Minister in respect of
                      any such application; and
25              (d) any other document received by the Housing Minister
                      under the building laws in respect of any matter
                      connected with the Perry Lakes land.
        (6)    On receiving an application referred to in subsection (5)(b), the
               relevant local government must deal with it as if it had been
30             made to the local government.




     page 26
                                            Perry Lakes Redevelopment Bill 2005
                              Redeveloping the redevelopment area        Part 3
                                       Unauthorised developments    Division 6
                                                                           s. 37



                    Division 6 -- Unauthorised developments
     37.         Interpretation
                 In this Division --
                 "unauthorised development" means any development --
 5                    (a) that occurs in the redevelopment period and that is
                            not authorised by a development approval; or
                      (b) that contravenes a development approval or any
                            condition to which a development approval is subject.

     38.         Unauthorised developments, WAPC's powers as to
10         (1)   The WAPC, by a written notice served on the person, may --
                  (a) direct a person who has undertaken an unauthorised
                      development to remove, pull down, take up, or alter the
                      development and to do so before a day specified in the
                      notice being a day not less than 21 days after the day on
15                    which the notice is served; or
                  (b) direct a person who is undertaking an unauthorised
                      development to stop doing so immediately; or
                  (c) give both such directions to one person.
           (2)   If under subsection (1) a person is given a direction, the person
20               may apply to the State Administrative Tribunal for a review, in
                 accordance with the Town Planning and Development Act 1928
                 Part V, of the decision to give the direction.
           (3)   If an application is made under subsection (2) in respect of a
                 direction given under subsection (1)(a), the direction is
25               suspended pending the determination of the application.
           (4)   If the State Administrative Tribunal confirms or varies a
                 direction given under subsection (1)(a), it may, by written notice
                 served on the person, direct the person to comply with the
                 direction as so confirmed or varied, before a day specified in the
30               notice being a day not less than 21 days after the day on which
                 the notice is served.

                                                                           page 27
     Perry Lakes Redevelopment Bill 2005
     Part 3         Redeveloping the redevelopment area
     Division 7     Miscellaneous
     s. 39



           (5)   A person served with a notice under this section must obey it.
                 Penalty:
                     (a) a fine of $50 000;
                     (b) for each separate and further offence committed by
 5                         the person under the Interpretation Act 1984
                           section 71, a fine of $5 000.
           (6)   If a person does not obey a notice served on the person under
                 subsection (1)(a) and --
                    (a) an application is not made under subsection (2) within
10                       the time allowed for doing so; or
                   (b) such an application is made and is determined,
                 the WAPC, subject to the determination, may itself remove, pull
                 down, take up or alter the development.
           (7)   The WAPC may recover the costs incurred by the WAPC in
15               exercising the powers in subsection (6) from the person who did
                 not obey as a debt in a court of competent jurisdiction.

                            Division 7 -- Miscellaneous
     39.         Planning Minister's powers to ensure environmental
                 conditions are met
20         (1)   In this section --
                 "assessed scheme" means an approved redevelopment plan that
                      is an assessed scheme within the meaning of the EP Act;
                 "environmental condition" means a condition agreed under
                      the EP Act section 48F or decided under the EP Act
25                    section 48J.
           (2)   After receiving advice from the Environment Minister under the
                 EP Act section 48H(4), the Planning Minister may, in relation to
                 a development implementing an assessed scheme, exercise one
                 or more of these powers --
30                 (a) by a written notice served on the person who is
                         undertaking the development, direct the person to stop

     page 28
                                      Perry Lakes Redevelopment Bill 2005
                        Redeveloping the redevelopment area        Part 3
                                              Miscellaneous   Division 7
                                                                     s. 39



                  doing so for a period specified in the notice, being a
                  period that begins when the notice is served and ends
                  not more than 24 hours later;
            (b)   cause the WAPC to serve a written notice on the person
 5                who is undertaking the development directing the person
                  to take such steps as are specified in the notice, within
                  such period as is specified in the notice, for the purpose
                  of --
                     (i) complying with; or
10                  (ii) preventing any non-compliance with,
                  the environmental condition to which the Environment
                  Minister's advice relates;
            (c)   advise the WAPC to cause such steps to be taken as are
                  necessary for the purpose of --
15                   (i) ensuring compliance with; or
                    (ii) preventing any non-compliance with,
                  the environmental condition to which the Environment
                  Minister's advice relates.
     (3)   A person served with a notice under subsection (2) must comply
20         with it.
           Penalty:
                (a) a fine of $50 000;
                (b) for each separate and further offence committed by
                     the person under the Interpretation Act 1984
25                   section 71, a fine of $5 000.
     (4)   Nothing in this section prevents or otherwise affects the
           application of the EP Act Part V to --
             (a) a development referred to in subsection (2); or
             (b) pollution or environmental harm caused by any
30                 non-compliance with an environmental condition
                   referred to in subsection (2).



                                                                       page 29
    Perry Lakes Redevelopment Bill 2005
    Part 3         Redeveloping the redevelopment area
    Division 7     Miscellaneous
    s. 40



    40.       Annual reports about redevelopment
              As soon as practicable after the end of each financial year, the
              Planning Minister and the AK Reserve Minister must jointly
              prepare a report about the redevelopment of the redevelopment
5             area and cause it to be laid before each House of Parliament.




    page 30
                                             Perry Lakes Redevelopment Bill 2005
                                               Financial provisions       Part 4

                                                                               s. 41



                         Part 4 -- Financial provisions
     41.         Perry Lakes Trust Fund established
           (1)   There is to be an account called the "Perry Lakes Trust Fund"
                 held as part of the Trust Fund constituted under the Financial
 5               Administration and Audit Act 1985 section 9.
           (2)   The Planning Minister must control and administer the Fund.
           (3)   For the purposes of the Financial Administration and Audit
                 Act 1985 section 52, the administration of the Fund is to be
                 regarded as a service of the department of the Public Service
10               that principally assists the Planning Minister to administer the
                 Town Planning and Development Act 1928.

     42.         Amounts to be credited to the Fund
                 The following are to be credited to the Fund --
                  (a) the proceeds of the sale of any of the Perry Lakes land
15                       by the WALA;
                  (b) any income from the investment of moneys standing to
                         the credit of the Fund;
                  (c) moneys appropriated by Parliament for the purposes of
                         this Act;
20                (d) moneys borrowed by the AK Reserve Minister under
                         section 44;
                  (e) moneys advanced to the Fund under the authority of
                         section 45;
                   (f) any other moneys lawfully made available to the Fund.

25   43.         Amounts to be charged to the Fund
           (1)   The following are to be charged to the Fund --
                  (a) the expenses of administering the Fund and the
                         provisions of this Act relating to the Fund;



                                                                            page 31
     Perry Lakes Redevelopment Bill 2005
     Part 4         Financial provisions

     s. 43



               (b)   all costs and expenses incurred under this Act in
                     planning, undertaking, promoting and coordinating the
                     redevelopment of the Perry Lakes land including,
                     without limiting the foregoing, the costs and expenses
 5                   of --
                        (i) complying with Part 3 and obtaining any
                              approval for any development on the land;
                       (ii) undertaking any development on the land,
                              including subdivision and project management;
10                    (iii) marketing any part of the land that is to be sold;
                              and
                      (iv) selling any part of the land;
               (c)   all expenses incurred by the AK Reserve Minister in
                     complying with Part 3 and obtaining any approval for
15                   any development on the AK Reserve land or land in the
                     redevelopment area that is contiguous with that land;
               (d)   52% of the costs incurred in designing and constructing
                     the athletics facilities referred to in section 12(1)(a);
               (e)   the costs incurred in designing and constructing the
20                   facilities referred to in section 12(1)(b) and (c);
               (f)   a sum of $5 million towards the costs of maintaining,
                     operating and managing the athletics facilities referred
                     to in section 12(1)(a);
               (g)   moneys necessary to be paid by way of --
25                      (i) repayment of principal moneys borrowed under
                              section 44; and
                       (ii) interest on and other expenses of borrowings
                              under section 44;
               (h)   moneys necessary to be paid by way of the interest on,
30                   and repayment of, any moneys advanced to the Fund by
                     the Treasurer under section 45;
               (i)   any moneys paid under section 46;



     page 32
                                             Perry Lakes Redevelopment Bill 2005
                                               Financial provisions       Part 4

                                                                              s. 44



                   (j)   any expenses prescribed by the regulations to be
                         expenses that are to be charged to the Fund.
           (2)   The sum charged to the Fund under subsection (1)(f) must be
                 credited to an account established by the Treasurer for the
 5               purposes referred to in subsection (1)(f) in the Trust Fund
                 constituted under the Financial Administration and Audit Act
                 1985 section 9.

     44.         Power to borrow
           (1)   The WALA or the AK Reserve Minister may, if the Treasurer
10               approves, borrow sums of money upon the guarantee of the
                 Treasurer for the purposes of carrying out the WALA's
                 functions under section 11 or the Minister's functions under
                 section 12, as the case requires.
           (2)   The WALA or the AK Reserve Minister may borrow money
15               with the prior approval in writing of the Treasurer, but not
                 otherwise, and any borrowing is to be upon terms and
                 conditions that the Treasurer approves.
           (3)   This section authorises the Treasurer, for and on behalf of the
                 State, to give any approval or guarantee that this section
20               requires and the guarantee may include the guarantee of interest.
           (4)   Any money borrowed by the WALA or the AK Reserve
                 Minister under this section may be raised as one loan or as
                 several loans and in any manner that the Treasurer may approve.
           (5)   Before a guarantee is given by the Treasurer under this section,
25               the WALA or the AK Reserve Minister must give to the
                 Treasurer any security that the Treasurer requires and execute
                 any instruments necessary for giving that security.
           (6)   Moneys borrowed under this section can only be used for a
                 purpose referred to in subsection (1).




                                                                            page 33
     Perry Lakes Redevelopment Bill 2005
     Part 4         Financial provisions

     s. 45



           (7)   The due payment of money payable by the Treasurer under a
                 guarantee under this section is to be charged to and paid out of
                 the Consolidated Fund, and this subsection appropriates that
                 fund accordingly.

 5   45.         Treasurer may make advances to the Fund
           (1)   Where the Treasurer is of the opinion that the moneys standing
                 to the credit of the Fund are at any time insufficient for the
                 purposes of this Act the Treasurer may advance to the Fund
                 moneys sufficient for the time being to make up the deficiency.
10         (2)   Moneys advanced under subsection (1) are to be subsequently
                 repaid to the Treasurer as and when moneys are available to the
                 Fund to make repayment.
           (3)   Moneys advanced by the Treasurer under this section are so
                 long as they remain unpaid a charge on the Fund.

15   46.         Payments to Town of Cambridge
                 With the prior approval in writing of the Treasurer and the AK
                 Reserve Minister, the Planning Minister may pay funds standing
                 to the credit of the Fund to the Town of Cambridge.

     47.         Notice that no costs or expenses are chargeable to Fund
20               When the Planning Minister is satisfied that there are no costs or
                 expenses chargeable to the Fund, or that satisfactory alternative
                 arrangements have been made for the payment of those costs
                 and expenses, the Minister may publish a notice to that effect in
                 the Gazette.

25   48.         Closure of Fund
                 On completion day --
                  (a) any funds standing to the credit of the Fund are to be
                       paid to the Town of Cambridge; and
                  (b) the Fund is then to be closed.


     page 34
                                             Perry Lakes Redevelopment Bill 2005
                                                     Miscellaneous        Part 5

                                                                               s. 49



                              Part 5 -- Miscellaneous
     49.         Delegation
           (1)   A Minister who has a function under this Act may delegate the
                 function to another person, other than this power to delegate.
 5         (2)   Any such delegation must be in writing.
           (3)   A person performing a function delegated under subsection (1),
                 is to be taken to do so in accordance with the terms of the
                 delegation unless the contrary is shown.
           (4)   This section does not limit a Minister's ability to act through an
10               officer or agent.

     50.         Body corporate's officers, liability of
           (1)   In this section --
                 "officer" of a body corporate, has the meaning given to that
                      term in the Corporations Act 2001 of the Commonwealth
15                    but does not include an employee of the body unless the
                      employee was concerned in the management of the body.
           (2)   If a body corporate is charged with an offence under this Act,
                 every person who was an officer of the body at the time of the
                 alleged offence may also be charged with the offence.
20         (3)   If a body corporate and an officer are charged as permitted by
                 subsection (2) and the body corporate is convicted of the
                 offence, the officer is to be taken to have also committed the
                 offence, subject to subsection (6).
           (4)   If a body corporate commits an offence under this Act, then,
25               although the body is not charged with the offence, every person
                 who was an officer of the body at the time the offence was
                 committed may be charged with the offence.




                                                                            page 35
     Perry Lakes Redevelopment Bill 2005
     Part 5         Miscellaneous

     s. 51



           (5)   If an officer is charged as permitted by subsection (4) and it is
                 proved that the body corporate committed the offence, the
                 officer is to be taken to have also committed the offence, subject
                 to subsection (6).
 5         (6)   If under this section an officer is charged with an offence it is a
                 defence to prove --
                    (a) that the offence was committed without the officer's
                         consent or connivance; and
                   (b) that the officer took all the measures to prevent the
10                       commission of the offence that he or she could
                         reasonably be expected to have taken having regard to
                         the officer's functions and to all the circumstances.

     51.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
15               are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed, for giving effect to the
                 purposes of this Act.
           (2)   Without limiting subsection (1), regulations may provide for --
                  (a) the procedure to be followed in applications for approval
20                     under Part 3 Division 5; and
                  (b) the imposition and payment of fees and charges in
                       connection with those applications.

     52.         Review of Act
           (1)   The Minister must carry out a review of the operation and
25               effectiveness of this Act as soon as is practicable after the
                 expiration of 5 years from the commencement of this Act.
           (2)   In the course of the review the Minister must consider and have
                 regard to --
                   (a) the need for the continuation of this Act; and
30                 (b) any other matters that appear to the Minister to be
                         relevant to the operation and effectiveness of this Act.

     page 36
                                   Perry Lakes Redevelopment Bill 2005
                                           Miscellaneous        Part 5

                                                                      s. 52



(3)   The Minister must prepare a report based on the review and, as
      soon as is practicable after the report is prepared, cause it to be
      laid before each House of Parliament.




                                                                  page 37
     Perry Lakes Redevelopment Bill 2005
     Part 6         Cambridge Endowment Lands Act 1920 amended

     s. 53



             Part 6 -- Cambridge Endowment Lands Act 1920
                              amended
     53.         Cambridge Endowment Lands Act 1920 amended
           (1)   The amendments in this section are to the Cambridge
 5               Endowment Lands Act 1920*.
                 [* Reprinted as at 17 November 2000.]
           (2)   Section 3 is amended by inserting in the appropriate
                 alphabetical position the following definition --
                 "
10                    "Perry Lakes redevelopment land" means --
                          (a) the land being Lot 713 on Deposited Plan
                                48234 and being --
                               (i) Lot 711 on Diagram 90080 and being
                                     the whole of the land in Certificate of
15                                   Title Volume 2138 Folio 28;
                              (ii) part of Lot 25 on Deposited Plan 25810
                                     and being part of the land in Certificate
                                     of Title Volume 2586 Folio 279; and
                             (iii) portion of road shown as Lot 2 on
20                                   Deposited Plan 48234;
                          (b) the land being that part of Lot 25 on
                                Deposited Plan 25810 as is described as
                                Stephenson and Underwood Avenues on
                                Deposited Plan 48234 and being part of the
25                              land in Certificate of Title Volume 2586
                                Folio 279; and
                          (c) the land being Lot 712 on Diagram 90077
                                and being the whole of the land in Certificate
                                of Title Volume 2138 Folio 21;
30                                                                               ".




     page 38
                              Perry Lakes Redevelopment Bill 2005
        Cambridge Endowment Lands Act 1920 amended         Part 6

                                                                      s. 53



(3)   Section 3 is amended in the definition of "the said lands" by
      inserting after "16921" the following --
      " but not the Perry Lakes redevelopment land      ".




                                                               page 39
Perry Lakes Redevelopment Bill 2005
Schedule 1     Resumed land




                  Schedule 1 -- Resumed land
                                              [s. 3]




page 40
                       Perry Lakes Redevelopment Bill 2005
              Lot 713 on Deposited Plan 48234 Schedule 2




Schedule 2 -- Lot 713 on Deposited Plan 48234
                                                   [s. 6(6)]




                                                   page 41
Perry Lakes Redevelopment Bill 2005



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)
     AK Reserve land .............................................................................................. 3(1)
     AK Reserve Minister ....................................................................................... 3(1)
     approved redevelopment plan .......................................................................... 3(1)
     assessed scheme ............................................................................................. 39(1)
     Avenues land.................................................................................................... 3(1)
     building laws.................................................................................................. 36(1)
     building local laws ......................................................................................... 16(1)
     completion day................................................................................................. 3(1)
     development..................................................................................................... 3(1)
     development approval...................................................................................... 3(1)
     district .............................................................................................................. 3(1)
     Environment Minister ...................................................................................... 3(1)
     environmental condition ................................................................................ 39(1)
     EP Act.............................................................................................................. 3(1)
     EPA.................................................................................................................. 3(1)
     Fund ................................................................................................................. 3(1)
     Housing Minister ........................................................................................... 36(1)
     interest.............................................................................................................. 3(1)
     Metropolitan Region Scheme........................................................................... 3(1)
     officer............................................................................................................. 50(1)
     Perry Lakes land .............................................................................................. 3(1)
     Perry Lakes redevelopment land.................................................................... 53(2)
     Planning Minister............................................................................................. 3(1)
     planning scheme ............................................................................................ 14(1)
     redevelopment area .......................................................................................... 3(1)
     redevelopment period....................................................................................... 3(1)
     registered.......................................................................................................... 6(1)
     relevant local government.............................................................................. 36(1)
     responsible agency ........................................................................................... 3(1)
     resumed land .................................................................................................... 3(1)
     resumption day................................................................................................. 3(1)
     town planning scheme...................................................................................... 3(1)
     unauthorised development ..................................................................................37
     WALA ............................................................................................................. 3(1)
     WAPC.............................................................................................................. 3(1)




 


[Index] [Search] [Download] [Related Items] [Help]