Western Australian Current Acts

METROPOLITAN REDEVELOPMENT AUTHORITY ACT 2011

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used

   PART 2 -- Metropolitan Redevelopment Authority

           Division 1 -- Metropolitan Redevelopment Authority  

   4.      Authority established
            
   5.      Status
            
   6.      Authority to be SES organisation

           Division 2 -- Functions of Authority

              Subdivision 1 -- General  

   7.      Functions in redevelopment areas
            
   8.      Functions in areas contiguous to redevelopment areas
            
   9.      Delegated functions
            
   10.     Business and operational plans to be followed
            
   11.     General powers
            
   12.     Minister and Treasurer to consider proposals under section 11(3)(b)
            
           13. Delegation except of powers and duties under Parts 5 and
            
   14.     Delegation of powers and duties under Parts 5 and
            
   15.     Subdelegation of delegated WAPC powers
            
   16.     General provisions about delegations
            
   17.     Authority to comply with written laws

              Subdivision 2 -- Powers in relation to land  

   18.     General powers as to land
            
   19.     Powers in relation to land contiguous to redevelopment area
            
   20.     Subdivision and amalgamation, modification of PAD Act
            
   21.     Application of Public Works Act 1902 to Authority
            
   22.     Compulsorily acquiring land under Land Administration Act 1997
            
   23.     Public authority can be directed to transfer land to Authority
            
   24.     Closing thoroughfares, temporarily or permanently
            
   25.     Conditional disposal of land

   PART 3 -- Land Redevelopment Committees  

   26.     LRC to be established for each redevelopment area
            
   27.     Function of LRC
            
   28.     Dissolution of LRC

   PART 4 -- Redevelopment areas  

   29.     Recommendation of Minister to declare a redevelopment area
            
   30.     Regulations may declare redevelopment areas and provide for related matters
            
   31.     Regulations may amend redevelopment area
            
   32.     Land added to redevelopment area, transitional matters
            
   33.     Land removed from redevelopment area, transitional matters
            
   34.     Development applications not finalised when land removed
            
   35.     Transitional regulations
            
   36.      Evidentiary matters

   PART 5 -- Redevelopment schemes

           Division 1 -- Preparation and approval of redevelopment schemes  

   37.     Draft redevelopment scheme: work prior to declaration of redevelopment area
            
   38.     Draft redevelopment scheme
            
   39.     Draft redevelopment scheme to be submitted to relevant local government and WAPC
            
   40.     Draft redevelopment scheme to be referred to EPA
            
   41.     Draft redevelopment scheme to be submitted to Minister for publication approval
            
   42.     Minister’s functions as to draft redevelopment scheme
            
   43.     Public notification of draft redevelopment scheme
            
   44.     Public submissions on draft redevelopment scheme
            
   45.     Draft redevelopment scheme to be submitted to Minister for final approval
            
   46.     Recommendation of WAPC
            
   47.     Minister’s functions in deciding final approval
            
   48.     Gazettal and operation of approved redevelopment scheme

           Division 2 -- Amendment and repeal of approved redevelopment scheme  

   49.     Amendment of approved redevelopment scheme
            
   50.     Repeal of approved redevelopment scheme

           Division 3 -- Effect of redevelopment scheme  

   51.     Effect of approved redevelopment scheme on planning schemes
            
   52.     Inconsistency with regulations
            
   53.      Approved redevelopment scheme has legislative effect
            
   54.     Authority to comply with redevelopment schemes
            
   55.     Applications for approval not finalised on scheme start day
            
   56.     Transitional regulations
            
   57.      Minister may amend local planning scheme to conform with redevelopment scheme
            
   58.     Certain planning schemes affecting redevelopment area not to operate until redevelopment scheme ceases to apply

   PART 6 -- Development control in redevelopment area

           Division 1 -- State bound  

   59.     Part binds State

           Division 2 -- Developments by Authority  

   60.     Authority must get Minister’s approval for development

           Division 3 -- Development control by Authority  

   61.     Application of this Division
            
   62.     Undertaking unauthorised development an offence
            
   63.     Initial assessment of development application
            
   64.     Notice of development application
            
   65.     When development application must be decided
            
   66.     Deciding development application
            
   67.     Duration of development approval
            
   68.     Development may be approved after it is undertaken
            
   69.     Review of Authority’s decision by SAT

           Division 4 -- Unauthorised developments  

   70.     Terms used
            
   71.     Unauthorised developments: Authority’s powers
            
   72.     Review of directions given under section
            
   73.      Authority may give effect to directions under section

           Division 5 -- Miscellaneous matters  

   74.     Minister’s powers to ensure environmental conditions are met
            
   75.     Injurious affection: compensation

   PART 7 -- General administration of Authority and LRCs

           Division 1 -- Board of management of Authority  

   76.     Board is governing body
            
   77.     How board is constituted
            
   78.     Remuneration and allowances
            
   79.     Term of office

           Division 2 -- Land Redevelopment Committees  

   80.     How LRC is constituted
            
   81.     Nominations for appointment under section 80(1)(b)
            
           82. Appointment of initial LRC members
            
   83.     Remuneration and allowances
            
   84.     Term of office

           Division 3 -- Provisions that apply to Authority’s board of management and to LRCs

              Subdivision 1 -- General provisions  

   85.     Term used: member
            
   86.     Casual vacancies
            
   87.     Extension of term of office during vacancy in membership
            
   88.     Leave of absence
            
   89.     Deputy chairperson acting as chairperson
            
   90.     Alternate members

              Subdivision 2 -- Disclosure of material personal interests  

   91.     Terms used
            
   92.     When a member has a material personal interest
            
   93.     Financial interest
            
   94.     Proximity interest
            
   95.     Closely associated persons
            
   96.     Some interests need not be disclosed
            
   97.     Disclosure of material personal interest
            
   98.     Voting by interested member
            
   99.     Section 98 may be declared inapplicable
            
   100.    Quorum where section 98 applies
            
   101.    Minister may declare sections 98 and 100 inapplicable

              Subdivision 3 -- Meetings  

   102.    Holding meetings
            
   103.    Quorum
            
   104.    Procedure at meetings
            
   105.    Voting
            
   106.    Holding meetings remotely
            
   107.    Resolution without meeting
            
   108.    Minutes to be kept

           Division 4 -- Staff, contractors and committees  

   109.    Chief executive officer
            
   110.    Other staff
            
   111.    Use of government staff and facilities
            
   112.    Committees

   PART 8 -- Accountability and financial provisions

           Division 1 -- Accountability  

   113.    Business plans and operational plans
            
   114.    Minister to be kept informed
            
   115.    Minister may give directions
            
   116.    When directions take effect
            
   117.    Minister to have access to information
            
   118.    Protection for disclosure or compliance with directions

           Division 2 -- Financial provisions  

   119.    Application of Financial Management Act 2006 and Auditor General Act 2006
            
   120.    Metropolitan Redevelopment Authority Account
            
   121.    Authority’s funds
            
   122.    Borrowing
            
   123.    Notice of financial difficulty

   PART 9 -- Miscellaneous  

   124.    Modification or suspension of other laws
            
   125.    Execution of documents by Authority
            
   126.    Contract formalities
            
   127.    Confidential information officially obtained
            
   128.    Protection from liability for wrongdoing
            
   130.    Approved forms
            
   131.    Regulations
            
   132.     Laying documents before House of Parliament not sitting
            
   133.    Review of Act

   PART 10 -- Repeals, consequential amendments and validations

           Division 1 -- Repeals  

   134.    Acts repealed

           Division 2 -- Consequential amendments  

   135.    Approvals and Related Reforms (No. 4) (Planning) Act 2010 amended
            
   136.    Constitution Acts Amendment Act 1899 amended
            
   137.    Environmental Protection Act 1986 amended
            
   138.    Financial Management Act 2006 amended
            
   139.    Government Railways Act 1904 amended
            
   140.    Land Tax Assessment Act 2002 amended
            
   141.    Planning and Development Act 2005 amended
            
   71.     Local planning schemes not to apply to redevelopment areas 88
            
   142.    Public Sector Management Act 1994 amended
            
   143.    Statutory Corporations (Liability of Directors) Act 1996 amended
            
   144.    Swan and Canning Rivers Management Act 2006 amended

           Division 3 -- Validations  

   145.    Effect of redevelopment schemes and validity of things done under them

   PART 11 -- Transitional provisions  

   146.    Terms used
            
   147.    Interpretation Act 1984 not affected
            
   148.    Assets, rights and liabilities
            
   149.    Agreements and instruments generally
            
   150.    References in written laws to abolished authorities
            
   151.    Employed staff
            
   152.    People engaged under contracts for services
            
   153.    Transfer of land in abolished redevelopment area to redevelopment area under this Act
            
   154.    Redevelopment scheme continues for land in abolished redevelopment area that is transferred to redevelopment area under this Act
            
   155.    Exemptions from State tax
            
   156.    Transitional regulations
            
           Uncommenced provisions table
           Defined terms