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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Water Resources Management (Administration) Bill 2003 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Water resources Acts 2 Part 2 -- The Minister and the Water Resources Ministerial Body 5. The Water Resources Ministerial Body 4 6. Purpose and nature of the Ministerial Body 4 7. Execution of documents by the Ministerial Body 4 8. Delegation by the Minister 6 Part 3 -- The Water Resources Council 9. Water Resources Council established 7 10. Membership of the Council 7 11. Functions of the Council 7 12. Term of office 8 13. Casual vacancy 8 14. Remuneration and allowances 8 15. Quorum 9 16. Presiding at meetings 9 17. Disclosure of interests by Council members 9 18. Procedure at meetings 10 19. Minutes 10 20. Staff and other resources of the Council 10 237--1 page i Water Resources Management (Administration) Bill 2003 Contents 21. Application of the Financial Administration and Audit Act 1985 10 Part 4 -- General administrative provisions 22. Minister may give directions to the CEO 11 23. Delegation by the CEO 11 24. Provision of staff, services and facilities 12 25. Advisory committees 12 26. Non-public sector staff 13 27. Protection from liability for wrongdoing 13 28. Confidentiality 14 29. Regulations 15 page ii Western Australia LEGISLATIVE ASSEMBLY Water Resources Management (Administration) Bill 2003 A Bill for An Act about the administration of certain Acts that relate to the management of water resources. The Parliament of Western Australia enacts as follows: page 1 Water Resources Management (Administration) Bill 2003 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Water Resources Management (Administration) Act 2003. 5 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3. Terms used in this Act In this Act, unless the contrary intention appears -- 10 "CEO" means the chief executive officer of the Department; "confidential information" has the meaning given by section 28(3); "Council" means the Water Resources Council referred to in section 9; 15 "Department" means the department of the Public Service principally assisting the Minister in the administration of this Act; "Ministerial Body" means the Water Resources Ministerial Body established by section 5; 20 "water resources Act" means an Act designated by the Minister under section 4. 4. Water resources Acts (1) The Minister may, by order published in the Gazette, designate any of the following Acts as a water resources Act for the 25 purposes of this Act -- (a) the Country Areas Water Supply Act 1947; (b) the Metropolitan Water Authority Act 1982; (c) the Metropolitan Water Supply, Sewerage, and Drainage Act 1909; page 2 Water Resources Management (Administration) Bill 2003 Preliminary Part 1 s. 4 (d) the Rights in Water and Irrigation Act 1914; (e) the Water Agencies (Powers) Act 1984; (f) the Water Boards Act 1904; (g) the Waterways Conservation Act 1976. 5 (2) This Minister may, by order published in the Gazette, revoke the designation of an Act. page 3 Water Resources Management (Administration) Bill 2003 Part 2 The Minister and the Water Resources Ministerial Body s. 5 Part 2 -- The Minister and the Water Resources Ministerial Body 5. The Water Resources Ministerial Body (1) The Water Resources Ministerial Body is established. 5 (2) The Ministerial Body is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Ministerial Body in its corporate name. (4) The Ministerial Body is to be governed by the Minister. 10 (5) The Ministerial Body is an agent of the State and has the status, immunities and privileges of the State. 6. Purpose and nature of the Ministerial Body (1) The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister's 15 functions under this or a water resources Act that can more conveniently be performed by a body corporate than an individual. (2) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the 20 Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act. 7. Execution of documents by the Ministerial Body (1) The Ministerial Body is to have a common seal. 25 (2) A document is duly executed by the Ministerial Body if -- (a) the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4); page 4 Water Resources Management (Administration) Bill 2003 The Minister and the Water Resources Ministerial Body Part 2 s. 7 (b) it is signed on behalf of the Ministerial Body by the Minister; or (c) it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the CEO or another 5 officer of the Department. (3) The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body. (4) The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to 10 sign the document to attest that the common seal was so affixed. (5) The Ministerial Body may, by writing under its seal, authorise the CEO or another officer of the Department to sign documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation. 15 (6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (7) A document executed by the CEO or another person under this section without the common seal of the Ministerial Body is not 20 to be regarded as a deed unless it is executed as a deed as authorised under subsection (5). (8) When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it is to be presumed that the seal is the common seal of the Ministerial Body until 25 the contrary is shown. (9) For the purposes of this Act, a facsimile of -- (a) the Ministerial Body's seal; or page 5 Water Resources Management (Administration) Bill 2003 Part 2 The Minister and the Water Resources Ministerial Body s. 8 (b) the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents, may be used, and a deed or other document purporting to be 5 endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection. 8. Delegation by the Minister (1) The Minister may delegate any power or duty of the Minister under this or a water resources Act to the CEO or another 10 officer of the Department, or another person having functions under this Act or a water resources Act. (2) Without limiting the things that may be delegated to the CEO under subsection (1), they include things that are to be done in the course of governing the affairs of the Ministerial Body 15 under section 5(4). (3) The delegation must be in writing signed by the Minister. (4) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (5) A person performing a power or duty that has been delegated to 20 the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (6) Nothing in this section limits the ability of the Minister to perform a function through an officer or agent. page 6 Water Resources Management (Administration) Bill 2003 The Water Resources Council Part 3 s. 9 Part 3 -- The Water Resources Council 9. Water Resources Council established The Minister is to appoint 4, 5 or 6 persons to be the members of a body called the Water Resources Council. 5 10. Membership of the Council (1) The Minister is to choose the members of the Council in such a way that their expertise and experience covers expertise and experience in the following -- (a) water resources management; 10 (b) conservation (in the aquatic and water resources dependent ecosystems fields); (c) economic development; (d) community development; (e) law (in the natural resources field). 15 (2) The Minister is to designate one of the members as the chairman. 11. Functions of the Council The Council has the following functions -- (a) advising the Minister on policy and planning in relation 20 to the management of water resources generally and on any matter that the Minister refers to it for advice; (b) advising the Minister in relation to water allocation charges and the disbursement of funds available to the Minister for the management of water resources; 25 (c) advising the Minister on by-laws made or to be made under the water resources Acts; (d) consulting with persons, or bodies, having functions under, or related to the purposes of, a water resources Act; page 7 Water Resources Management (Administration) Bill 2003 Part 3 The Water Resources Council s. 12 (e) advising the Minister on whether the objectives of each water resources Act are being achieved, to the extent that each of those Acts relates to water resources management. 5 12. Term of office (1) The term for which a person is appointed to be a member of the Council is to be fixed in the instrument of appointment and is to be not longer than 3 years. (2) A person's eligibility for reappointment or the term for which a 10 person may be reappointed is not affected by an earlier appointment. 13. Casual vacancy (1) A member of the Council may at any time resign from office by notice in writing delivered to the Minister. 15 (2) The Minister may remove a person who is a member of the Council from office on the grounds of -- (a) mental or physical incapacity to carry out the person's duties in a satisfactory manner; (b) the person being an insolvent under administration 20 within the meaning of that term in the Corporations Act 2001 of the Commonwealth; (c) neglect of duty; or (d) misconduct. (3) If, before the term of office for which a person was appointed as 25 a member of the Council expires, the person dies, resigns, or is removed from office, the office becomes vacant. 14. Remuneration and allowances Members of the Council are entitled to any remuneration and allowances that the Minister may from time to time determine page 8 Water Resources Management (Administration) Bill 2003 The Water Resources Council Part 3 s. 15 on the recommendation of the Minister for Public Sector Management. 15. Quorum A quorum for a meeting of the Council is any 3 members. 5 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 10 number to preside. 17. Disclosure of interests by Council members (1) A member of the Council who has a direct or indirect pecuniary interest in a matter that is before a meeting of the Council must, as soon as possible after the relevant facts have come to his or 15 her knowledge, disclose the nature of the interest to the Council members who are at that meeting. (2) If a member of the Council has, in the opinion of the person presiding at a meeting of the Council, a direct or indirect pecuniary interest in a matter before that meeting, the person 20 presiding may call on the member to disclose the nature of that interest and, in default of any such disclosure, may determine that that interest exists. (3) A disclosure by a member of an interest in a matter or a determination that a member is interested in a matter must be 25 recorded in the record of the meeting concerned. (4) A member who has made a disclosure of an interest in a matter, or in respect of whom a determination has been made in relation to a matter, may take part in the consideration or discussion of the matter, but not in advising, or any decision related to 30 advising, the Minister on the matter. page 9 Water Resources Management (Administration) Bill 2003 Part 3 The Water Resources Council s. 18 (5) An interest need not be disclosed under this section if it is an interest common to a significant number of persons in the State. 18. Procedure at meetings Except as otherwise stated in this Act, the Council is to 5 determine its own meeting procedures. 19. Minutes The Council is to cause accurate minutes to be kept of the proceedings at its meetings. 20. Staff and other resources of the Council 10 (1) There is to be an executive officer of the Council. (2) The executive officer and any other staff whose assistance the executive officer needs are to be made available by the CEO on terms agreed to by the chairman of the Council and the CEO. (3) The Council may make use of the services and facilities of the 15 Department on terms agreed to by the chairman of the Council and the CEO. 21. Application of the Financial Administration and Audit Act 1985 Acts or things done by or for the Council under this or a water 20 resources Act are to be regarded -- (a) as services under the control of the Department for the purposes of section 52 of the Financial Administration and Audit Act 1985; and (b) as part of the operations of the Department for the 25 purposes of Part II Division 13 of that Act. page 10 Water Resources Management (Administration) Bill 2003 General administrative provisions Part 4 s. 22 Part 4 -- General administrative provisions 22. Minister may give directions to the CEO (1) The Minister may give directions to the CEO with respect to the performance of the CEO's functions under this or a water 5 resources Act, either generally or in relation to a particular matter. (2) The subject matter of a direction relating to a particular person is to be included in the annual report in such a way that it does not disclose confidential information if the disclosure of that 10 information would be likely to cause harm to the interests of the person to whom it relates. (3) In this section -- "annual report" means the annual report submitted by the accountable officer of the Department under section 62 of 15 the Financial Administration and Audit Act 1985. 23. Delegation by the CEO (1) The CEO may delegate any power or duty of the CEO under this or a water resources Act to an officer of the Department, or another person having functions under this Act or a water 20 resources Act. (2) The delegation must be in writing signed by the CEO. (3) If a person is not employed in the Department, a power or duty can only be delegated to the person under this section if the person has been approved, or is in a class of person approved, 25 by the Minister for the purposes of this section. (4) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (5) A person performing a power or duty that has been delegated to the person under this section is to be taken to do so in page 11 Water Resources Management (Administration) Bill 2003 Part 4 General administrative provisions s. 24 accordance with the terms of the delegation unless the contrary is shown. (6) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent. 5 24. Provision of staff, services and facilities (1) The CEO may arrange with a related entity to provide it with the use of -- (a) the services of any officer or employee employed in the Department; and 10 (b) any services or facilities of the Department, as necessary for the entity to perform its functions. (2) This section does not limit any power the related entity has to engage its own staff or provide its own facilities, or to enter into any other arrangement for the provision to it of staff, services or 15 facilities. (3) In this section -- "related entity" means -- (a) a body (whether incorporated or not); (b) the holder of an office; or 20 (c) a person, established by or under, or having functions under, a water resources Act. 25. Advisory committees (1) The Minister may establish committees for the purpose of 25 advising the Minister or the CEO on any aspect of the administration of a water resources Act, with terms of reference in each case determined by the Minister. page 12 Water Resources Management (Administration) Bill 2003 General administrative provisions Part 4 s. 26 (2) A member of a committee is entitled to the remuneration and allowances (if any) determined by the Minister, on the recommendation of the Minister for Public Sector Management. (3) The terms and conditions, other than those referred to in 5 subsection (2), applicable to or in relation to a person appointed to a committee are to be determined by the Minister, from time to time either generally or with respect to a particular appointment. (4) This section does not limit the Minister's power to establish 10 committees for any other purpose. 26. Non-public sector staff (1) The CEO may engage persons as wages staff otherwise than under the Public Sector Management Act 1994. (2) Persons referred to in subsection (1) are to be employed, subject 15 to any relevant industrial award, order or agreement, on such terms and conditions as the CEO determines. (3) Nothing in subsection (2) affects the operation of the Workplace Agreements Act 1993 or Part VID of the Industrial Relations Act 1979 or section 100 of the Public Sector Management 20 Act 1994. 27. Protection from liability for wrongdoing (1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this or a water 25 resources Act. (2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this or the water resources Act had been enacted. page 13 Water Resources Management (Administration) Bill 2003 Part 4 General administrative provisions s. 28 (3) Despite subsection (1), the State is not relieved of any liability that it might have for another person having done anything as described in that subsection. (4) In this section, a reference to the doing of anything includes a 5 reference to an omission to do anything. 28. Confidentiality (1) A person who misuses confidential information obtained by reason of any function that person has, or at any time had, in the administration of this or a water resources Act commits an 10 offence. Penalty: $50 000. (2) A person misuses confidential information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than -- 15 (a) in the course of duty; (b) under this or a water resources Act; (c) with the written permission of the CEO; (d) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any 20 person for an offence; (e) with the consent of the person to whom the information relates, or each of them if there be more than one; or (f) in the circumstances prescribed by the regulations. (3) In this section -- 25 "confidential information" means information that has not been made public and that -- (a) is by its nature confidential; (b) was specified to be confidential by the person who supplied it; or 30 (c) is known by the person using or disclosing it to be confidential. page 14 Water Resources Management (Administration) Bill 2003 General administrative provisions Part 4 s. 29 29. Regulations The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the 5 purposes of this Act.
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