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


ROTTNEST ISLAND AUTHORITY AMENDMENT BILL 2007

                        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   Section 18 repealed                                       6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                                                                            ".




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                                 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                                                                                   ".




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                                     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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