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


RANGELANDS COUNCIL BILL 2007

                     Western Australia



 DRAFT BILL FOR PUBLIC COMMENT
 The Government proposes to introduce into Parliament a
    Bill to establish the Rangelands Council and for
    related purposes.




       Rangelands Council Bill 2007

                       CONTENTS


       Part 1 -- Preliminary
1.     Short title                                         2
2.     Commencement                                        2
       Part 2 -- Establishment and
            functions of the Rangelands
            Council
3.     Rangelands Council established                      3
4.     Membership                                          3
5.     Functions of the Council                            4
6.     Powers of Council for purposes of this Act          5
7.     Annual report                                       5
8.     Powers, generally                                   5
9.     Minister may give directions                        5
10.    Minister to have access to information              6
11.    Confidentiality                                     6
12.    Personal liability of members                       7




                         229--1                            page i
Rangelands Council Bill 2007



Contents



              Part 3 -- Ancillary and procedural
                   matters
      13.     Term of office                                      8
      14.     Vacation of office of member                        8
      15.     Remuneration and allowances                         9
      16.     Presiding at meetings                               9
      17.     Procedure at meetings                               9
      18.     Voting                                              9
      19.     Quorum                                             10
      20.     Disclosure of interests                            10
      21.     Exclusion of interested member                     10
      22.     Council may resolve that section 21 inapplicable   10
      23.     Minutes                                            11




page ii
                          [Draft Bill for public comment]
                            Western Australia


               LEGISLATIVE ASSEMBLY/COUNCIL



              Rangelands Council Bill 2007


                    A draft for public comment of
                              A Bill for


An Act to establish the Rangelands Council and for related purposes.



The Parliament of Western Australia enacts as follows:




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                          [Draft Bill for public comment]
    Rangelands Council Bill 2007
    Part 1        Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This is the Rangelands Council Act 2007.

    2.       Commencement
5            This Act comes into operation as follows:
              (a) Part 1 -- on the day on which this Act receives the
                    Royal Assent;
              (b) the rest of the Act -- on the day after that day.




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                                                       Rangelands Council Bill 2007
                Establishment and functions of the Rangelands Council        Part 2

                                                                                s. 3



                Part 2 -- Establishment and functions of the
                           Rangelands Council
     3.           Rangelands Council established
                  The Minister is to establish a body called the Rangelands
 5                Council (the "Council").

     4.           Membership
          (1)     The members of the Council are to be --
                   (a) one person appointed by the Minister as its chairman;
                        and
10                 (b) the Director General of the Department of Environment
                        and Conservation or his or her nominee; and
                   (c) the Director General of the Department of Agriculture
                        and Food or his or her nominee; and
                   (d) the Chairperson or a nominee of the Pastoral Lands
15                      Board of Western Australia established under the Land
                        Administration Act 1997 section 94; and
                   (e) the chairman or a nominee of the Aboriginal Lands
                        Trust established under the Aboriginal Affairs Planning
                        Authority Act 1972 section 20; and
20                  (f) the Director General of the Department of Industry and
                        Resources or his or her nominee; and
                   (g) the chairman or a nominee of the Western Australian
                        Tourism Commission established under the Western
                        Australian Tourism Commission Act 1983 section 4; and
25                 (h) one person with experience in representing pastoral
                        interests appointed by the Minister; and
                    (i) the Chairperson or a nominee of the Conservation
                        Council of Western Australia (Inc.); and
                    (j) the President or a nominee of the Chamber of Minerals
30                      and Energy of WA (Inc.); and


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     Rangelands Council Bill 2007
     Part 2        Establishment and functions of the Rangelands Council

     s. 5



                 (k)   one person with experience in representing indigenous
                       interests appointed by the Minister.
          (2)   Before appointing a person under subsection (1)(a), the Minister
                is to consult with --
 5                 (a) the Minister responsible for the administration of the
                        Agriculture Act 1988; and
                  (b) the Minister responsible for the administration of the
                        Conservation and Land Management Act 1984; and
                   (c) the Minister responsible for the administration of the
10                      Land Administration Act 1997.

     5.         Functions of the Council
                The functions of the Council are as follows --
                 (a) to provide advice to the Minister on the integration and
                       coordination of --
15                        (i) Government land management responsibilities;
                                and
                         (ii) activities,
                       in relation to rangelands;
                 (b) to provide advice to the Minister on rangeland
20                     management;
                 (c) to develop policies on the uses to which rangelands can
                       be put to maximise the social and economic benefits that
                       can be derived from them on an ecologically sustainable
                       basis;
25               (d) at the request of the Minister or of its own initiative, to
                       suggest to the Minister research or inquiries that might
                       be undertaken on or into matters affecting rangelands;
                 (e) in consultation with the Pastoral Lands Board of
                       Western Australia, to set environmental performance
30                     standards for rolling tenure pastoral leases;



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                                                       Rangelands Council Bill 2007
                Establishment and functions of the Rangelands Council        Part 2

                                                                                   s. 6



                    (f)   at the request of the Minister or of its own initiative, to
                          report to the Minister on matters relating to the
                          condition of rangelands;
                    (g)   such other functions in relation to rangelands as the
 5                        Minister may direct.

     6.           Powers of Council for purposes of this Act
                  The Council may do anything necessary for, or incidental to, the
                  performance of its functions under this Act.

     7.           Annual report
10        (1)     The chairman of the Council, not later than 31 March in each
                  year, is to make and submit to the Minister an annual report of
                  the Council's proceedings for the preceding year ending on
                  31 December.
          (2)     The Minister must cause a report submitted under subsection (1)
15                to be laid before each House of Parliament within 14 sitting
                  days of that House after the Minister receives it.

     8.           Powers, generally
                  The Council has all the powers it needs to perform its functions.

     9.           Minister may give directions
20        (1)     The Minister may, after consultation with --
                   (a) the Minister administering the Agriculture and Related
                        Resources Protection Act 1976; and
                   (b) the Minister administering the Conservation and Land
                        Management Act 1984,
25                give written directions to the Council with respect to the
                  performance of its functions, either generally or in relation to a
                  particular matter, and the Council is to give effect to any such
                  direction.


                                                                                page 5
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     Rangelands Council Bill 2007
     Part 2        Establishment and functions of the Rangelands Council

     s. 10



           (2)   The text of any direction given under subsection (1) must be
                 included in the annual report submitted by the chairman of the
                 Council under section 7.

     10.         Minister to have access to information
 5         (1)   In this section --
                 "document" includes any tape, disk or other device or medium
                     on which information is recorded or stored mechanically,
                     photographically, electronically or otherwise;
                 "information" means information specified, or of a description
10                   specified, by the Minister that relates to the functions of the
                     Council.
           (2)   The Minister is entitled --
                  (a) to have information in the possession of the Council;
                       and
15                (b) if the information is in or on a document, to have, and
                       make and retain copies of, that document.
           (3)   For the purposes of subsection (2) the Minister may --
                  (a) request the Council to furnish information to the
                         Minister; and
20                (b)    request the Council to give the Minister access to
                         information.
           (4)   The Council has to comply with a request under subsection (3).

     11.         Confidentiality
                 A member or former member of the Council must not, directly
25               or indirectly, record, disclose or make use of any information
                 obtained in the course of duty except --
                   (a) for the purpose of performing a function under this Act;
                         or
                   (b) as required or allowed by this Act or under another law;
30                       or

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                                     [Draft Bill for public comment]
                                                 Rangelands Council Bill 2007
          Establishment and functions of the Rangelands Council        Part 2

                                                                         s. 12



              (c)   with the written consent of the person to whom the
                    information relates.
            Penalty: a fine of $12 000.

    12.     Personal liability of members
5           A matter or thing done or omitted by a member of the Council
            does not subject the member personally to any liability if that
            matter or thing was done or omitted in good faith for the
            purpose of performing a function under this Act.




                                                                       page 7
                             [Draft Bill for public comment]
     Rangelands Council Bill 2007
     Part 3        Ancillary and procedural matters

     s. 13



                 Part 3 -- Ancillary and procedural matters
     13.          Term of office
           (1)    The term for which a person is appointed by the Minister to be a
                  member of the Council is to be fixed in the instrument of
 5                appointment and is to be not longer than 3 years.
           (2)    A person's eligibility for reappointment or the term for which a
                  person may be reappointed is not affected by an earlier
                  appointment.
           (3)    The term of a member of the Council who is not appointed by
10                the Minister is 3 years.
           (4)    A person's eligibility to be a member of the Council without
                  being appointed by the Minister is not affected by an earlier
                  membership.

     14.          Vacation of office of member
15         (1)    A member of the Council may at any time resign from office by
                  notice in writing given to the Minister.
           (2)    A member of the Council may be removed from office by the
                  Minister --
                   (a) for mental or physical disability, incompetence, neglect
20                       of duty or misconduct that impairs the performance of
                         the member's duties; or
                   (b) if the member is convicted of an offence that in the
                         opinion of the Minister renders the person unfit to be a
                         member of the Council; or
25                 (c) if the member is an insolvent under administration,
                         within the meaning given in the Corporations Act 2001
                         (Commonwealth) section 9; or
                   (d) if the member is absent without leave of the Council
                         from 2 consecutive meetings of the Council of which the
30                       member has had notice; or

     page 8
                                   [Draft Bill for public comment]
                                                       Rangelands Council Bill 2007
                                     Ancillary and procedural matters        Part 3

                                                                                s. 15



                   (e)    for any other act or omission that in the opinion of the
                          Minister may cause prejudice or injury to the Council.
           (3)   If a person ceases to hold a position by virtue of which the
                 person is a member of the Council the person ceases to be a
 5               member from the date on which the person ceases to hold the
                 position.
           (4)   If, before the term of office for which a person is a member of
                 the Council expires, the person dies, resigns, is removed from
                 office or ceases to be a member, the office becomes vacant.

10   15.         Remuneration and allowances
                 Members of the Council are entitled to any remuneration and
                 allowances that the Minister from time to time determines on
                 the recommendation of the Minister for Public Sector
                 Management.

15   16.         Presiding at meetings
           (1)   The chairman, if present, is to preside at a meeting of the
                 Council.
           (2)   If the chairman is not presiding under subsection (1), the
                 members present at the meeting are to appoint one of their
20               number to preside.

     17.         Procedure at meetings
                 Except as otherwise stated in this Act, the Council is to
                 determine its own meeting procedures.

     18.         Voting
25         (1)   A decision of the majority of members at a meeting of the
                 Council at which a quorum is present is the decision of the
                 Council.




                                                                               page 9
                                   [Draft Bill for public comment]
     Rangelands Council Bill 2007
     Part 3        Ancillary and procedural matters

     s. 19



           (2)   If the votes of members present at a meeting and voting are
                 equally divided the member presiding at the meeting is to have a
                 casting vote in addition to a deliberative vote.

     19.         Quorum
 5               A quorum for a meeting of the Council is 5 members.

     20.         Disclosure of interests
           (1)   A member of the Council who has a material personal interest in
                 a matter being considered or about to be considered by the
                 Council must, as soon as possible after the relevant facts have
10               come to the member's knowledge, disclose the nature of the
                 interest at a meeting of the Council.
                 Penalty: a fine of $5 000.
           (2)   A disclosure under subsection (1) is to be recorded in the
                 minutes of the meeting.

15   21.         Exclusion of interested member
                 A member of the Council who has a material personal interest in
                 a matter that is being considered by the Council --
                   (a) must not vote on the matter; and
                   (b) must not be present while the matter is being considered
20                      at a meeting.

     22.         Council may resolve that section 21 inapplicable
                 Section 21 does not apply if the Council has at any time passed
                 a resolution that --
                   (a) specifies the member, the interest, and the matter; and
25                 (b) states that the members voting for the resolution are
                         satisfied that the interest should not disqualify the
                         member from considering or voting on the matter.




     page 10
                                  [Draft Bill for public comment]
                                           Rangelands Council Bill 2007
                         Ancillary and procedural matters        Part 3

                                                                   s. 23



23.   Minutes
      The Council is to cause accurate minutes to be kept of the
      proceedings at its meetings.




                                                               page 11
                       [Draft Bill for public comment]
            WESTERN AUSTRALIA




 Rangelands Council
     Bill 2007

DRAFT BILL FOR PUBLIC COMMENT
The Government proposes to introduce into Parliament a Bill to

 


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