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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Rottnest Island Authority Amendment Bill 2007 CONTENTS 1. Short title 2 2. Commencement 2 3. The Act amended 2 4. Section 3 amended 2 5. Section 4 replaced 3 4. Rottnest Island Reserve 3 6. Section 4A inserted 5 4A. Plans and diagrams 5 7. Section 6 amended 5 8. Section 8 amended 5 9. Section 14 amended 5 10. Section 15 amended 5 11. Section 18 repealed 6 12. Section 19 amended 6 13. Section 20 amended 6 14. Sections 20A and 20B inserted 6 20A. Consultation with Conservation Commission 6 20B. Consultation with Marine Parks and Reserves Authority 8 15. Section 22 amended 9 16. Section 23 amended 9 17. Section 30 amended 9 18. Section 31 amended 9 19. Section 32 amended 10 20. Heading to Part VI replaced 10 Part VI -- Accountability and financial provisions 21. Part VI Division 1 and heading to Part VI Division 2 inserted 10 Division 1 -- Accountability 32A. Duty to observe policy instruments 10 201--1 page i Rottnest Island Authority Amendment Bill 2007 Contents 32B. Strategic development plan and statement of corporate intent 10 Division 2 -- Financial provisions 22. Section 48 amended 11 23. Schedule 1 amended 12 7A. Holding meetings remotely 12 page ii Western Australia LEGISLATIVE ASSEMBLY Rottnest Island Authority Amendment Bill 2007 A Bill for An Act to amend the Rottnest Island Authority Act 1987. The Parliament of Western Australia enacts as follows: page 1 Rottnest Island Authority Amendment Bill 2007 s. 1 1. Short title This is the Rottnest Island Authority Amendment Act 2007. 2. Commencement This Act comes into operation as follows: 5 (a) sections 1 and 2 -- on the day on which this Act receives the Royal Assent; (b) any provision other than sections 1 and 2 -- on a day fixed by proclamation (different days may be fixed for different provisions). 10 3. The Act amended The amendments in this Act are to the Rottnest Island Authority Act 1987*. [* Reprinted as at 4 January 2000. For subsequent amendments see Western Australian 15 Legislation Information Tables for 2006, Table 1, and Act No. 77 of 2006.] 4. Section 3 amended Section 3 is amended by inserting in the appropriate alphabetical positions -- 20 " "Rottnest Island Wadjemup Conservation Reserve" has the meaning given to that term in section 4(3); "settlement area" has the meaning given to that term in section 4(3); 25 ". page 2 Rottnest Island Authority Amendment Bill 2007 s. 5 5. Section 4 replaced Section 4 is repealed and the following section is inserted instead -- " 5 4. Rottnest Island Reserve (1) The Rottnest Island Reserve is class A Reserve No. 16713 reserved under the Land Administration Act 1997 for the purposes of this Act. (2) The Rottnest Island Reserve consists of -- 10 (a) the settlement area; and (b) the Rottnest Island Wadjemup Conservation Reserve; and (c) the remaining part of the class A Reserve referred to in subsection (1) (the "marine 15 reserve"). (3) In subsection (2) -- "Rottnest Island Wadjemup Conservation Reserve" means -- (a) that reserve -- 20 (i) as shown on Deposited Plan 52582; or (ii) on a diagram or plan notified under subsection (4)(a); or (b) a part of the Island declared under 25 subsection (4)(b) to be the Rottnest Island Wadjemup Conservation Reserve; "settlement area" means -- (a) the part of the Island lying on the northern side of a line drawn generally from Geordie 30 Bay to Kingstown Barracks and south, as shown -- (i) on Deposited Plan 52582; or page 3 Rottnest Island Authority Amendment Bill 2007 s. 5 (ii) on a diagram or plan notified under subsection (4)(a); or (b) a part of the Island declared under 5 subsection (4)(b) to be the settlement area. (4) The Minister may by notice published in the Gazette -- (a) give notice of a diagram or plan to have effect, in substitution for Deposited Plan 52582 as referred to in paragraph (a) of the definitions of 10 "Rottnest Island Wadjemup Conservation Reserve" and "settlement area", respectively, in subsection (3); or (b) declare -- (i) a part of the Island to be the Rottnest 15 Island Wadjemup Conservation Reserve in substitution for the part referred to in paragraph (a) of the definition of "Rottnest Island Wadjemup Conservation Reserve" in 20 subsection (3); and (ii) a part of the Island to be the settlement area in substitution for the part referred to in paragraph (a) of the definition of "settlement area" in subsection (3). 25 (5) A declaration made under subsection (4)(b) shall be made by reference to a diagram or plan held by the Western Australian Land Information Authority established under the Land Information Authority Act 2006 section 5. 30 ". page 4 Rottnest Island Authority Amendment Bill 2007 s. 6 6. Section 4A inserted After section 4 the following section is inserted in Part I -- " 4A. Plans and diagrams 5 The land plans and diagrams referred to in this Act are held by the Western Australian Land Information Authority established under the Land Information Authority Act 2006 section 5. ". 10 7. Section 6 amended (1) Section 6(1)(b) is deleted and the following paragraph is inserted instead -- " (b) 6 other members appointed by the Governor on 15 the recommendation of the Minister. ". (2) Section 6(2) is repealed. 8. Section 8 amended Section 8 is amended by deleting "Public Service Board." and 20 inserting instead -- " Minister for Public Sector Management. ". 9. Section 14 amended Section 14(3) and (4) are repealed. 10. Section 15 amended 25 Section 15(1) is amended by deleting ", without limiting section 18(3),". page 5 Rottnest Island Authority Amendment Bill 2007 s. 11 11. Section 18 repealed Section 18 is repealed. 12. Section 19 amended Section 19(1) and (2) are repealed and the following subsection 5 is inserted instead -- " (1) The Authority shall -- (a) review the management plan referred to in section 17(1) not later than 5 years after the 10 Minister has under section 23 approved that plan or amendments to it or its continuation in operation without amendment; and (b) if it considers that circumstances so require, prepare amendments to that plan or a revised 15 management plan for the Island. ". 13. Section 20 amended After section 20(1) the following subsection is inserted -- " 20 (1a) A management plan shall include a statement as to how it is proposed to fund the proposed policies and operations. ". 14. Sections 20A and 20B inserted 25 After section 20 the following sections are inserted -- " 20A. Consultation with Conservation Commission (1) In this section -- "Conservation Commission" means the Conservation 30 Commission of Western Australia established by page 6 Rottnest Island Authority Amendment Bill 2007 s. 14 the Conservation and Land Management Act 1984 section 18. (2) In performing its functions under section 19, the Authority shall seek agreement with the Conservation 5 Commission in relation to conservation management issues within the Rottnest Island Wadjemup Conservation Reserve. (3) If the Authority and the Conservation Commission are unable to reach agreement as to how to deal with an 10 issue referred to in subsection (2), the Authority shall refer the issue in dispute to the Minister. (4) If an issue is referred to the Minister under subsection (3), the Minister shall, after consulting with, and receiving recommendations from, the Minister 15 administering the Conservation and Land Management Act 1984, decide how the issue is to be dealt with. (5) The Authority shall refer a proposed management plan or proposed amendments, or a proposal to continue the existing management plan in force without amendment, 20 to the Conservation Commission. (6) If the Conservation Commission considers that the Authority should vary a proposal referred to it under subsection (5) in relation to a conservation management issue within the Rottnest Island 25 Wadjemup Conservation Reserve, the Commission may within 60 days after receipt of the proposal, submit a request to the Authority to make the variation. (7) A request under subsection (6) shall be made in a form approved by the Authority. page 7 Rottnest Island Authority Amendment Bill 2007 s. 14 20B. Consultation with Marine Parks and Reserves Authority (1) In this section -- "Marine Parks and Reserves Authority" means the 5 Marine Parks and Reserves Authority established by the Conservation and Land Management Act 1984 section 26A; "marine reserve" means that part of the Island referred to in section 4(2)(c). 10 (2) In performing its functions under section 19, the Authority shall seek agreement with the Marine Parks and Reserves Authority in relation to conservation management issues within the marine reserve. (3) If the Authority and the Marine Parks and Reserves 15 Authority are unable to reach agreement as to how to deal with an issue referred to in subsection (2), the Authority shall refer the issue in dispute to the Minister. (4) If an issue is referred to the Minister under 20 subsection (3), the Minister shall, after consulting with, and receiving recommendations from, the Minister administering the Conservation and Land Management Act 1984, decide how the issue is to be dealt with. (5) The Authority shall refer a proposed management plan 25 or proposed amendments, or a proposal to continue the existing management plan in force without amendment, to the Marine Parks and Reserves Authority. (6) If the Marine Parks and Reserves Authority considers that the Authority should vary a proposal referred to it 30 under subsection (5) in relation to a conservation management issue within the marine reserve, the Marine Parks and Reserves Authority may within page 8 Rottnest Island Authority Amendment Bill 2007 s. 15 60 days after receipt of the proposal, submit a request to the Authority to make the variation. (7) A request under subsection (6) shall be made in a form approved by the Authority. 5 ". 15. Section 22 amended Section 22 is amended as follows: (a) by deleting "Written submissions" and inserting instead -- 10 " Submissions "; (b) by inserting after "may be made" -- " in a form approved by the Authority ". 16. Section 23 amended (1) Section 23(1)(a) is amended by inserting after "under 15 section" -- " 20A, 20B or ". (2) Section 23(2) is amended by inserting after "under section" -- " 20A, 20B or ". 17. Section 30 amended 20 Section 30(2) is amended by deleting "$1 000." and inserting instead -- " a fine of $10 000. ". 18. Section 31 amended Section 31(4) is amended by deleting "$500." and inserting 25 instead -- " a fine of $1 000. ". page 9 Rottnest Island Authority Amendment Bill 2007 s. 19 19. Section 32 amended Section 32 is amended by deleting "$1 000." and inserting instead -- " a fine of $10 000. ". 5 20. Heading to Part VI replaced The heading to Part VI is deleted and the following Part heading is inserted instead -- " Part VI -- Accountability and financial 10 provisions ". 21. Part VI Division 1 and heading to Part VI Division 2 inserted After the heading to Part VI the following is inserted -- 15 " Division 1 -- Accountability 32A. Duty to observe policy instruments The Authority shall perform its functions in accordance with its strategic development plan and its statement of 20 corporate intent as existing from time to time. 32B. Strategic development plan and statement of corporate intent (1) The Authority shall, at the prescribed times, prepare and submit to the Minister -- 25 (a) a draft strategic development plan for the Authority; and (b) a statement of corporate intent for the Authority. page 10 Rottnest Island Authority Amendment Bill 2007 s. 22 (2) The regulations may make provision for the following -- (a) the manner and form in which the Authority is to prepare, submit, revise or modify a strategic 5 development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; (c) the matters to be set out in a strategic 10 development plan or statement of corporate intent; (d) the functions of the Authority, the Minister and the Treasurer in relation to the development, approval or modification of a strategic 15 development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. (3) Regulations referred to in subsection (2) are not to be 20 made except with the Treasurer's concurrence. Division 2 -- Financial provisions ". 22. Section 48 amended Section 48(2) is amended as follows: 25 (a) by inserting "and" after paragraph (a); (b) in paragraph (c) by deleting "charges." and inserting instead -- " charges; and "; page 11 Rottnest Island Authority Amendment Bill 2007 s. 23 (c) after paragraph (c) by inserting -- " (d) provide that a contravention of a regulation is an offence and prescribe, for an offence against 5 the regulations, a penalty not exceeding a fine of $10 000. ". 23. Schedule 1 amended After Schedule 1 clause 7 the following clause is inserted -- 10 " 7A. Holding meetings remotely The presence of a member at a meeting of the Authority need not be by attendance in person but may be by that member and each other member at the meeting being 15 simultaneously in contact by telephone or other means of instantaneous communication. ".
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