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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Reserves and Reserve
Boards) Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Land Administration Act 1997
3. The Act amended 3
4. Section 51A inserted 3
Part 3 -- Parks and Reserves Act 1895
5. The Act amended 4
6. Long title amended 4
7. Section 2 amended 4
8. Section 3 amended 4
9. Section 4 amended 5
10. Section 5 amended 5
11. Section 7A amended 6
12. Section 8 amended 6
13. Section 9 amended 7
14. Section 10 repealed 7
15. Section 12A amended 7
16. Sections 15, 16 and 17 inserted 7
209--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Reserves and Reserve
Boards) Bill 2003
A Bill for
An Act to amend the Land Administration Act 1997 and the Parks and
Reserves Act 1895.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Reserves and
Reserve Boards) Act 2003.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Land Administration Act 1997 Part 2
s. 3
Part 2 -- Land Administration Act 1997
3. The Act amended
The amendment in this Part is to the Land Administration
Act 1997*.
5 [* Reprinted as at 22 June 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 203.]
4. Section 51A inserted
After section 51 the following section is inserted --
10 "
51A. Certain land to be regarded as having been
reserved under s. 41
(1) The regulations may prescribe land that has been
reserved to the Crown for one or more purposes in the
15 public interest --
(a) by or under a written law other than section 41;
and
(b) before 30 March 1998.
(2) Land prescribed by regulations referred to in
20 subsection (1) is, by virtue of this subsection, to be
regarded as having been reserved to the Crown under
section 41 --
(a) for the purpose or purposes for which it was
reserved by or under the other written law; and
25 (b) with the classification, if any, given by or under
the other written law.
(3) A reference in section 42(2) to the relevant order made
under section 41 is, in relation to land prescribed by
regulations referred to in subsection (1), a reference to the
30 written law, or to the instrument under the written law, by
which the land was reserved, as is relevant to the case.
".
page 3
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Part 3 Parks and Reserves Act 1895
s. 5
Part 3 -- Parks and Reserves Act 1895
5. The Act amended
The amendments in this Part are to the Parks and Reserves
Act 1895*.
5 [* Reprinted as at 5 March 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 274.]
6. Long title amended
The long title is amended by deleting "Management of
10 Parks and Reserves vested in" and inserting instead --
" control and management of certain land reserved to ".
7. Section 2 amended
Section 2 is amended as follows:
(a) in the definition of "authorized person" by deleting
15 "park reserve committed to" and inserting instead --
" land placed under the control of ";
(b) in the definition of "Board" by deleting "of Parks and
Reserves";
(c) by deleting the definition of "parks and reserves".
20 8. Section 3 amended
(1) Section 3(5) is amended as follows:
(a) by deleting "a reserve" and inserting instead --
" land ";
(b) by deleting "reserve under" and inserting instead --
25 " land under the control of ".
page 4
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Parks and Reserves Act 1895 Part 3
s. 9
(2) After section 3(6) the following subsections are inserted --
"
(7) Subject to section 15, the Governor may, by order,
dissolve a Board that is constituted a body corporate
5 under subsection (4).
(8) An appointment of a person as a member of a Board is
revoked on the dissolution of the Board under
subsection (7).
".
10 9. Section 4 amended
Section 4 is amended by deleting "parks and reserves so
committed to them," and inserting instead --
" land placed under its control, ".
10. Section 5 amended
15 (1) Section 5(1) is amended as follows:
(a) by deleting "parks and reserves committed to them, a
Board of control and management" and inserting
instead --
" land placed under its control, a Board ";
20 (b) in paragraph (a) by deleting "such parks or reserves,"
and inserting instead --
" the land, ";
(c) in paragraph (c) by deleting "such parks or reserves,"
and inserting instead --
25 " the land, ";
(d) in paragraph (c) by deleting "such parks and reserves"
and inserting instead --
" the land ";
(e) in paragraph (e) by deleting "such park lands and
30 reserves," and inserting instead --
" the land, ".
page 5
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Part 3 Parks and Reserves Act 1895
s. 11
(2) Section 5(1a)(b) is amended by deleting "committed to" and
inserting instead --
" placed under the control of ".
11. Section 7A amended
5 (1) Section 7A(1)(a) is amended by deleting "a park or reserve;"
and inserting instead --
" land placed under the control of the Board; ".
(2) Section 7A(2) is amended by deleting "a park or reserve" and
inserting instead --
10 " land placed under the control of the Board ".
12. Section 8 amended
Section 8(1) is amended as follows:
(a) by deleting "parks and reserves committed to them," and
inserting instead --
15 " land placed under its control, ";
(b) in subparagraphs (a), (b) and (c) of the 8th paragraph by
deleting "park lands and reserves;" and inserting
instead --
" the land; ";
20 (c) in the 10th paragraph by deleting ", on, or in the park
lands and reserves;" and inserting instead --
" or on the land; ";
(d) in the 17th paragraph by deleting "goods, wares, or
merchandise on the park lands and reserves;" and inserting
25 instead --
" of goods, wares, or merchandise on the land; ";
(e) in the 18th paragraph by deleting "in the park lands and
reserves;" and inserting instead --
" on the land; ";
page 6
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Parks and Reserves Act 1895 Part 3
s. 13
(f) in the 19th paragraph by deleting "in the park lands and
reserves, and the fouling of any ornamental water
therein;" and inserting instead --
"
5 on the land, and the fouling of any ornamental
water on the land;
";
(g) by deleting "park lands and reserves" in the other
8 places where it occurs and inserting instead --
10 " land ".
13. Section 9 amended
Section 9 is amended by deleting "parks and reserves for the
time being committed to" and inserting instead --
" land placed under the control of ".
15 14. Section 10 repealed
Section 10 is repealed.
15. Section 12A amended
Section 12A(1)(a) is amended by deleting "in a park or reserve
committed to" and inserting instead --
20 " on land placed under the control of ".
16. Sections 15, 16 and 17 inserted
After section 14 the following sections are inserted --
"
15. Arrangements for staff before dissolution of Boards
25 that are bodies corporate
(1) In this section --
"staff member", in relation to a particular Board,
means a person appointed under section 7(1) by
that Board.
page 7
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Part 3 Parks and Reserves Act 1895
s. 16
(2) A Board cannot be dissolved under section 3(7) unless --
(a) the Minister, after consultation with the Minister
for Public Sector Management, has nominated a
person or other body in the Public Sector to be
5 the employer of the Board's staff members on the
dissolution of the Board, and the employment of
each staff member who has agreed to being
employed by that person or body has been
arranged with that person or body; or
10 (b) each staff member whose re-employment is not
arranged under paragraph (a) is covered by the
provisions applicable under Part 6 of the Public
Sector Management Act 1994.
(3) Except as otherwise agreed by a staff member of a
15 Board, the remuneration, existing or accrued rights,
rights under a superannuation scheme or continuity of
service of the staff member are not affected, prejudiced
or interrupted by --
(a) a change in employment arranged under
20 subsection (2)(a); or
(b) the dissolution of the Board.
16. Regulations as to matters consequent on dissolution
of Boards that are bodies corporate
(1) The Governor, with the approval of the Treasurer, may
25 make regulations prescribing all matters that are
required, necessary or convenient to be prescribed in
relation to anything to be done, or that occurs, because
of the dissolution of a Board.
(2) Without limiting subsection (1), regulations may be
30 made in relation to all or any of the following
matters --
(a) the disposition of, or dealing with, the property
of a Board, on the Board's dissolution;
page 8
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Parks and Reserves Act 1895 Part 3
s. 16
(b) the transfer or discharge of a Board's rights and
liabilities, on the Board's dissolution;
(c) the continuation of proceedings or remedies by
or against a Board that were pending
5 immediately before the Board's dissolution;
(d) the commencement of proceedings or remedies
that could have been taken by or against a
Board if the Board had not been dissolved;
(e) the continuation of the effect of any agreement,
10 instrument or policy of insurance to which the
Board was a party immediately before the
Board's dissolution;
(f) the interpretation of references in a written law
or a document referred to in paragraph (e) to a
15 Board that has been dissolved;
(g) any act, matter or thing done or omitted to be
done by a Board in relation to its rights and
liabilities before its dissolution;
(h) taking possession of books, documents or other
20 records, however compiled or stored, relating to
the operations of a Board, on the Board's
dissolution;
(i) the making and submission of any outstanding
annual report and a final report relating to the
25 operations of a Board before its dissolution, and
the documents and reports to accompany those
reports and for that purpose, to provide, despite
the dissolution of the Board --
(i) for the continuation of the Board,
30 constituted by a person specified in the
regulations on the terms specified in the
regulations, with the powers necessary
or convenient for the purposes of
making and submitting the reports; and
page 9
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Part 3 Parks and Reserves Act 1895
s. 16
(ii) for the continued application of
section 12 to the Board until the reports
and accompanying documents and
reports are tabled in Parliament.
5 (3) Different provisions of regulations under this section
may come into operation on different days.
(4) In this section --
"dissolution" means dissolution under section 3(7);
"liabilities" includes duties and obligations;
10 "rights" includes powers, privileges and immunities.
17. Exemption from State taxation in relation to
dissolution of Boards that are bodies corporate
(1) In this section --
"State tax" includes stamp duty chargeable under the
15 Stamp Act 1921 and any other tax, duty, fee, levy
or charge under a law of the State.
(2) State tax is not payable in relation to --
(a) anything that occurs because of the dissolution
of a Board under section 3(7); or
20 (b) anything done (including a transaction entered
into or an instrument or document of any kind
made, executed, lodged or given) under
regulations made under section 16, or for a
purpose connected with or arising out of the
25 dissolution of a Board under section 3(7).
(3) The Treasurer or a person authorised by the Treasurer
may certify in writing that --
(a) a specified thing occurred because of the
dissolution of a Board under section 3(7); or
30 (b) a specified thing was done under regulations
made under section 16, or for a purpose
page 10
Acts Amendment (Reserves and Reserve Boards) Bill 2003
Parks and Reserves Act 1895 Part 3
s. 16
connected with or arising out of the dissolution
of a Board under section 3(7),
and such a certificate is conclusive evidence of that
fact, unless the contrary is shown.
5 ".
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