Water Resources Legislation Amendment Act 2007

Crest
Western Australia

No. 38 of 2007

An Act to —

·amend the Country Areas Water Supply Act 1947; and

·amend the Metropolitan Water Authority Act 1982; and

·amend the Metropolitan Water Supply, Sewerage, and Drainage Act 1909; and

·amend the Rights in Water and Irrigation Act 1914; and

·amend the Swan River Trust Act 1988; and

·amend the Water Agencies (Powers) Act 1984; and

·repeal the Water and Rivers Commission Act 1995; and

·amend the Water Corporation Act 1995; and

·repeal the Water Supply, Sewerage, and Drainage Act 1912; and

·amend the Waterways Conservation Act 1976; and

·make consequential amendments to other Acts,

and for related purposes.

[Assented to 21 December 2007]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This Act is the Water Resources Legislation Amendment Act 2007.

2. Commencement

(1) This Part and Part 11 come into operation on the day on which this Act receives the Royal Assent.

(2) Parts 2 to 10 come into operation on a day fixed by proclamation.

(3) Different days may be fixed under subsection (2) for different provisions.

3. Regulations — power to amend certain statutory rules

(1) The Governor, on the recommendation of the Minister, may make regulations amending a statutory rule.

(2) The Minister may make a recommendation under subsection (1) only if he or she considers that each amendment proposed to be made by the regulations is consequential on the enactment of this Act.

(3) Nothing in this section prevents a statutory rule from being amended in accordance with the Act under which it is made.

(4) In this section —

“statutory rule” means a regulation, rule or by‑law.

Part 2 — Amendments to the Country Areas Water Supply Act 1947

4. The Act amended

The amendments in this Part are to the Country Areas Water Supply Act 1947*.

[* Reprint 7 as at 7 April 2006.]

5. Section 5 amended

Section 5(1) is amended as follows:

(a) by deleting the definitions of “Commission” and “officer”;

(b) by inserting in the appropriate alphabetical positions —

“

“CEO” means the chief executive officer of the Department;

“Department” means the department of the Public Service principally assisting in the administration of this Act;

“former authority” means the former Authority, the former Commission or a former Minister;

“former Commission” means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995 and in existence before the repeal of that Act;

“officer”, in relation to the Corporation, means a member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

”.

6. Section 7 repealed

Section 7 is repealed.

7. Section 11 amended

Section 11(2) is repealed and the following subsection is inserted instead —

“

(2) The Corporation shall not exercise the powers conferred by subsection (1) in relation to water to which section 5C of the Rights in Water and Irrigation Act 1914 applies, except under a licence or right granted or conferred under Part III of that Act.

”.

8. Section 12BA amended

Section 12BA(3) is amended by deleting “the former Authority” and inserting instead —

“ a former authority ”.

9. Section 12BD amended

Section 12BD(1) is amended as follows:

(a) by deleting “any officer of the Commission” and inserting instead —

“ the Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Minister ”.

10. Section 12BE amended

Section 12BE(4) is amended by deleting “Minister or of the Commission” and inserting instead —

“ Crown ”.

11. Section 12E amended

Section 12E(7) is amended as follows:

(a) in paragraph (a) by deleting “the former Minister, the former Authority” and inserting instead —

“ a former authority ”;

(b) in paragraph (b) by deleting “former Minister, the former Authority” and inserting instead —

“ former authority ”.

12. Section 12EB amended

(1) Section 12EB(2), (3)(b) and (4) are amended by deleting “former Minister, the former Authority” and inserting instead —

“ former authority ”.

(2) Section 12EB(3) and (4) are amended by deleting “former Minister or the former Authority” and inserting instead —

“ former authority ”.

13. Section 12ED amended

(1) Section 12ED(2) is amended by deleting “any officer of the Commission or other person authorised by the Commission or”.

(2) Section 12ED(4) is amended by deleting “authorise any officer of the Commission or other person authorised by the Commission or the Minister” and inserting instead —

“

authorise any officer of the Department, and other persons authorised by the Minister,

”.

(3) Section 12ED(5) is amended as follows:

(a) by deleting “or the Commission or a person acting with the authority of the Minister or of the Commission” and inserting instead —

“

, an officer of the Department or a person authorised by the Minister for the purposes of this subsection,

”;

(b) by deleting “the Commission or any such person” and inserting instead —

“ officer or person so authorised ”.

14. Section 12EE amended

Section 12EE(2) is amended as follows:

(a) by deleting “the Commission” in the first place where it occurs and inserting instead —

“ an officer of the Department ”;

(b) by deleting “or of the Commission”.

15. Section 45 amended

Section 45(3a) is amended by deleting “Commission” and inserting instead —

“ the Crown ”.

16. Section 111 amended

Section 111 is amended by deleting “Commission” and inserting instead —

“ Crown ”.

17. Section 112 amended

Section 112 is amended as follows:

(a) by deleting “Commission” in the first, third and fourth places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Department ”.

18. Section 113 amended

Section 113(1) is amended by deleting “Commission” and inserting instead —

“ Crown ”.

19. Section 114 amended

Section 114 is amended by deleting “Commission” and inserting instead —

“

Department authorised by the Minister for the purposes of this section

”.

20. Section 115 amended

Section 115(1) is amended as follows:

(a) in paragraph (a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Minister ”;

(b) in paragraph (a) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Department ”;

“ Minister ”;

(d) in Table 1 by deleting “12C(7a)” and inserting instead —

“ 12C(7)(a) ”;

(e) in Table 1 by deleting “obstruction of the Commission” and inserting instead —

“ obstruction of the Minister, etc. ”;

(f) in Table 1 by deleting “used by the Commission” and inserting instead —

“ used by the Crown ”;

(g) in Table 2 by deleting “obstruction of the Corporation” and inserting instead —

“ obstruction of the Corporation, etc. ”.

21. Section 116 replaced

Section 116 is repealed and the following section is inserted instead —

“

116. Corporation may be represented by officer

In any proceeding before a court, judge or person acting judicially, any authorised officer of the Corporation may represent the Corporation in all respects as if he were the party concerned.

”.

22. Section 121 amended

Section 121 is amended by deleting “chief executive officer of the Commission or” and inserting instead —

“ CEO or the chief executive officer of ”.

23. Various references to “Commission” changed to “Minister ”

Each provision of the Act listed in the Table to this section is amended by deleting “Commission” in each place where it occurs and inserting instead —

“ Minister ”.

Table

s. 12	s. 12D(1)
s. 12B(2)	s. 12E(5), (6), (7) and (8)
s. 12BA(3)	s. 12EB(2), (3) and (4)
s. 12BD(2)	s. 45(1)(ca) and (2)
s. 12C(2), (3), (4), (5), (6)	s. 108
and (7)

Note: The heading to sections 12 and 112 will be altered by deleting “Commission” and inserting instead “Minister”.

The headings to section 121 will be altered by deleting “chief executive officer of the Commission or” and inserting instead “CEO or the chief executive officer of”.

Part 3 — Amendments to the Metropolitan Water Authority Act 1982

24. The Act amended

The amendments in this Part are to the Metropolitan Water Authority Act 1982*.

[* Reprinted as at 21 January 2000.

For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 285.]

25. Section 4 amended

Section 4(1)(a) is amended as follows:

(a) by deleting the definition of “Commission”;

(b) by inserting in the appropriate alphabetical position —

“

“former Commission” means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995 and in existence before the repeal of that Act;

”.

26. Section 5 amended

Section 5(2) is amended by inserting before “Commission” —

“ former ”.

27. Section 19 amended

Section 19 is amended by inserting after “delegate of” —

“ the former Commission, ”.

28. Section 98 amended

Section 98(1), (2), (4) and (5) are amended by deleting “Commission” in each place where it occurs and inserting instead —

“ Minister ”.

29. Section 99 amended

(1) Section 99(1), (3) and (5) are amended by deleting “Commission” and inserting instead —

“ Minister ”.

(2) Section 99(4) is amended as follows:

(a) by deleting “Commission” and inserting instead —

“ Minister ”;

(b) in paragraph (e) by deleting “, and report thereon to the Minister”.

30. Section 106 amended

(1) Section 106(1), (2) and (5) are amended by deleting “Commission” in each place where it occurs and inserting instead —

“ Minister ”.

(2) Section 106(2) is amended as follows:

(a) after paragraph (c) by deleting “; and” and inserting a full stop;

(b) by deleting paragraph (d);

“ and ”.

(3) Section 106(3) is amended as follows:

(a) by deleting “Subject to the approval of the Minister, the Commission” and inserting instead —

“ The Minister ”;

(b) by deleting “unless the Minister otherwise directs”;

“ and ”.

(4) Section 106(4) is amended by deleting “Subject to the approval of the Minister the Commission” and inserting instead —

“ The Minister ”.

(5) Section 106(6) is amended as follows:

(a) in paragraph (a) by deleting “Commission” and inserting instead —

“ Minister ”;

(b) in paragraph (b) by deleting “the Commission or”.

31. Section 107 amended

Section 107(2) is amended by deleting “Commission” and inserting instead —

“ Minister ”.

Part 4 — Amendments to the Metropolitan Water Supply, Sewerage, and Drainage Act 1909

32. The Act amended

The amendments in this Part are to the Metropolitan Water Supply, Sewerage, and Drainage Act 1909*.

[* Reprint 9 as at 17 February 2006.]

33. Section 5 amended

Section 5(1) is amended as follows:

(a) by deleting the definitions of “Commission” and “officer”;

(b) by inserting in the appropriate alphabetical positions —

“

“CEO” means the chief executive officer of the Department;

“Department” means the department of the Public Service principally assisting in the administration of this Act;

“officer”, in relation to the Corporation, means a member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

”.

34. Section 14 amended

Section 14(2) is repealed and the following subsection is inserted instead —

“

”.

35. Section 16 amended

Section 16 is amended by deleting “without the authority of the Commission” and inserting instead —

“

other than with the authority of the Minister or under another written law

”.

36. Section 35 repealed

Section 35 is repealed.

37. Section 57C amended

Section 57C(1) is amended by deleting “it” and inserting instead —

“ the Minister ”.

38. Section 57EA amended

Section 57EA(2) is repealed and the following subsection is inserted instead —

“

(2) The Corporation shall not exercise the power conferred by subsection (1) in relation to water to which section 5C of the Rights in Water and Irrigation Act 1914 applies, except under a licence or right granted or conferred under Part III of that Act.

”.

39. Section 57G amended

Section 57G(2)(a) and (b) are amended by deleting “it” and inserting instead —

“ the Minister ”.

40. Section 57H amended

Section 57H(3) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Crown ”.

41. Section 57I amended

Section 57I(1) is amended by deleting “it” and inserting instead —

“ the Minister ”.

42. Section 146 amended

Section 146(1)(3a) is amended by deleting “Commission” and inserting instead —

“ CEO ”.

43. Section 153 amended

Section 153 is amended by deleting “Commission” and inserting instead —

“ Crown ”.

44. Section 156 amended

Section 156 is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Department ”;

“

or any person authorised by the Minister or the Corporation, in the performance of any act or thing which the Minister or Corporation, or officer or person

”.

45. Section 157 amended

Section 157 is amended by deleting “Commission” and inserting instead —

“ Crown ”.

46. Section 158 amended

Section 158 is amended by deleting “Commission” and inserting instead —

“

Department authorised by the Minister for the purposes of this section

”.

47. Section 159 amended

(1) Section 159(1) is amended as follows:

(a) by deleting “relevant authority” in the first place where it occurs and inserting instead —

“ Minister or the Corporation ”;

(b) by deleting “relevant authority” in the second place where it occurs and inserting instead —

“ Department or the Corporation ”;

“

Minister or the Corporation (which ever, in each case, is relevant)

”.

(2) Section 159(4) is repealed.

48. Section 160 repealed

Section 160 is repealed.

49. Section 161 replaced

Section 161 is repealed and the following section is inserted instead —

“

161. Corporation may be represented by officer

In any proceeding before a court, judge or person acting judicially, any authorised officer of the Corporation may represent the Corporation in all respects as if he were the party concerned.

”.

50. Various references to “Commission” changed to “Minister”

Each provision of the Act listed in the Table to this section is amended by deleting “Commission” in each place where it occurs and inserting instead —

“ Minister ”.

Table

s. 13(a)	s. 57D(1)
s. 15	s. 57E(1), (2) and (3)
s. 17(1)	s. 57G(1), (2), (5) and (7)
s. 57A(1) and (2)	s. 57H(1) and (2)
s. 57B(4)	s. 57I(1) and (2)
s. 57C(1) and (2)

Note: The headings to sections 17, 57C and 156 will be altered by deleting “Commission” and inserting instead “Minister”.

The heading to section 146 will be altered by deleting “Corporation” and inserting instead “Minister”.

Part 5 — Amendments to the Rights in Water and Irrigation Act 1914

51. The Act amended

The amendments in this Part are to the Rights in Water and Irrigation Act 1914*.

[* Reprinted as at 10 January 2001.

For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 391.]

52. Section 2 amended

Section 2(1) is amended as follows:

(a) by deleting the definition of “Commission”;

(b) by inserting in the appropriate alphabetical positions —

“

“CEO” means the chief executive officer of the Department;

“Department” means the department of the Public Service principally assisting in the administration of this Act;

“officer”, in relation to the Corporation, means a member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

“Water Resources Council” means the Water Resources Council established by section 16 of the Water Agencies (Powers) Act 1984;

”.

53. Section 5 amended

Section 5(2) is amended as follows:

(a) after paragraph (a) by inserting —

“ and ”;

(b) in paragraph (b) by deleting “Commission” and inserting instead —

“ Minister ”;

(d) by deleting paragraph (c).

54. Section 5A amended

Section 5A is amended by deleting “appropriated” and inserting instead —

“ allocated ”.

55. Section 6 amended

Section 6(4)(d) is amended by deleting “and given a report on them to the Minister”.

56. Section 16 amended

(1) Section 16(2) is amended as follows:

(a) by deleting “The Commission may, with the approval of the Minister, in the name and on behalf of the Crown,” and inserting instead —

“ The Minister may ”;

(b) by deleting “Commission” in the second and third places where it occurs and inserting instead —

“ Minister ”.

(2) Section 16(3) is amended by deleting “, the Commission,” in both places where it occurs.

57. Section 26B amended

Section 26B(5) is amended by inserting after “26C” —

“ and any local by‑laws ”.

58. Section 26GE amended

Section 26GE(3) is amended by inserting after “order” —

“ under section 26GD(1) ”.

59. Section 26GH amended

Section 26GH(2) is amended as follows:

(a) by inserting after “compensation” in the first place where it occurs —

“ under clause 39 of Schedule 1 ”;

(b) by deleting “6(b)” and inserting instead —

“ (6)(b) ”.

60. Section 26GL amended

Section 26GL(1) is amended as follows:

(a) by inserting at the end of each of paragraph (b)(i) and (ii) —

“ or ”;

(b) by deleting paragraph (b)(iv) and inserting the following subparagraph instead —

“

(iv) are officers of the Department.

”.

61. Section 26GS amended

Section 26GS(3) is amended by deleting “neither the Commission nor the State is” and inserting instead —

“ the Crown is not ”.

62. Section 26GU amended

Section 26GU(1) is repealed and the following subsection is inserted instead —

“

(1) A plan for the purposes of this Act may be prepared by the Minister.

”.

63. Sections 26GX and 26GY amended

Sections 26GX(2)(c)(iii) and (d) and 26GY(2)(b)(iii) are amended by deleting “Commission’s” and inserting instead —

“ Minister’s ”.

64. Heading to Part III Division 3D Subdivision 2 amended

The heading to Part III Division 3D Subdivision 2 is amended by deleting “approval” and inserting instead —

“ making ”.

65. Section 26GZC amended

(1) Section 26GZC(1) and (2) are amended by deleting “submit” and inserting instead —

“ give ”.

(2) Section 26GZC(3) is amended by deleting “submitted” and inserting instead —

“ given ”.

66. Section 26GZE replaced

Section 26GZE is repealed and the following section is inserted instead —

“

26GZE. Minister to make plan

(1) The Minister must give the proposed plan, modified as the Minister thinks fit under section 26GZD, to the Water Resources Council and indicate the time within which the Water Resources Council may submit its report under subsection (3).

(2) The plan must be accompanied by —

(a) a summary of all submissions made under section 26GZB and requests made under section 26GZC(4); and

(b) a report of the Minister indicating the Minister’s opinion of the merits of those submissions and requests.

(3) The Water Resources Council may submit to the Minister a report indicating its opinion of the plan and making recommendations about modification and approval of the plan.

(4) The Minister may make the proposed plan with or without modifications.

(5) The Minister must not make the plan before the time referred to in subsection (1) has elapsed.

”.

67. Section 26GZG amended

After section 26GZG(4) the following subsection is inserted —

“

(4a) The Minister must advise the Water Resources Council of the Minister’s decision, and reasons, as to whether action needs to be taken in respect of a plan under subsection (1).

”.

68. Section 26GZI amended

Section 26GZI(3) is amended by deleting all of the subsection from and including “hours at” and inserting instead —

“

hours at the office or offices of the Department designated by the CEO for the purposes of this subsection.

”.

69. Section 26GZK amended

Section 26GZK is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ CEO ”.

70. Section 26GZO amended

Section 26GZO is amended as follows:

(a) by deleting “Commission” in the first, second and third places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the fourth place where it occurs and inserting instead —

“ CEO ”.

71. Section 26GZQ amended

Section 26GZQ(2)(b)(i) is amended by deleting “it” and inserting instead —

“ the CEO ”.

72. Section 26H amended

(1) Section 26H(1) is amended as follows:

(a) by deleting “Commission, any officer of the Commission or any person authorised by the Commission, may” and inserting instead —

“ Minister may, ”;

(b) by deleting “their duties” and inserting instead —

“ the Minister’s duties ”.

(2) Section 26H(1a) is repealed and the following subsection is inserted instead —

“

(1a) The provisions of Part VI of the Water Agencies (Powers) Act 1984 that regulate entry onto land apply in relation to any entry under subsection (1).

”.

(3) Section 26H(2) is amended by deleting “Commission or any person acting in the exercise of an authorisation conferred under subsection (1) by the Commission,” and inserting instead —

“

Minister or any other person exercising powers under subsection (1)

”.

73. Section 26J amended

(1) Section 26J(1) is amended by deleting “Commission shall be entitled, in the name and on behalf of the Crown, to institute and maintain by any officer of the Commission authorised for that purpose by the Commission” and inserting instead —

“

Minister, or an officer of the Department authorised by the Minister for the purpose, may institute and maintain

”.

(2) Section 26J(2) is amended as follows:

(a) by deleting “Commission” in the first, fourth and fifth places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “either the Crown or the Commission or any person” and inserting instead —

“ the Crown or any other person ”;

(d) by deleting “Commission’s” and inserting instead —

“ Crown’s ”.

74. Section 26N amended

(1) Section 26N(2)(e) is amended by deleting “Minister” and inserting instead —

“ Water Resources Council ”.

(2) Section 26N(3) is amended by deleting “(2)(c)” and inserting instead —

“ (2)(d) ”.

75. Section 26Q amended

Section 26Q(1) is amended by deleting “with the approval of the Minister,”.

76. Section 27 amended

(1) Section 27(1)(a) is deleted.

(2) Subsection 27(1) is amended by inserting after section 27(1)(ga) —

“

(h) the fees or charges payable in respect of licenses under section 5C;

”.

(3) At the end of section 27 the following subsection is inserted —

“

(3) Without limiting the generality of paragraph (h) of subsection (1) the fees or charges referred to in that paragraph may be set by reference to the volume of water allocated under a license.

”.

77. Section 27C amended

Section 27C(2)(a) is amended by deleting “the operations of the Commission” and inserting instead —

“ operations ”.

78. Section 35 amended

Section 35 is amended as follows:

(a) by deleting “, the Commission” in both places where it occurs;

(b) by deleting “the Commission or” in the second place where it occurs.

79. Section 36 amended

(1) Section 36 is amended by inserting before “Subject to” the subsection designation “(1)”.

(2) At the end of section 36 the following subsection is inserted —

“

(2) This section does not make the Minister or the Crown liable for anything done or omitted to be done by the Corporation.

”.

80. Section 39 replaced

Section 39 is repealed and the following section is inserted instead —

“

39. Allocation of water for irrigation

The Minister may, under Part III, allocate water for the purposes of this Part.

”.

81. Section 69 amended

Section 69 is amended by deleting “Commission” and inserting instead —

“ Crown ”.

82. Section 70 amended

Section 70 is amended as follows:

(a) by deleting “Commission” in the first, third and fourth places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Department ”.

83. Section 71 amended

Section 71 is amended by deleting “Commission” and inserting instead —

“ Crown ”.

84. Section 73 amended

Section 73 is amended by deleting “Commission” and inserting instead —

“

Department authorised by the Minister for the purposes of this section

”.

85. Section 75 replaced

Section 75 is repealed and the following section is inserted instead —

“

75. Corporation may be represented by officer

In any proceeding before a court, judge or person acting judicially, any authorised officer of the Corporation may represent the Corporation in all respects as if he or she were the party concerned.

”.

86. Section 79A amended

Section 79A is amended by deleting “chief executive officer of the Commission or” and inserting instead —

“ CEO or the chief executive officer of ”.

87. Schedule 1 clause 3 amended

Schedule 1 clause 3(d) is amended as follows:

(a) by deleting “is” in the first place where it occurs;

(b) in subparagraph (i) by inserting before “authorised” —

“ is ”.

88. Schedule 1 clause 6 amended

(1) Schedule 1 clause 6(2) is amended as follows:

(a) in paragraph (a) by deleting “its” and inserting instead —

“ the Minister’s ”;

(b) by deleting paragraph (b) and inserting the following paragraph instead —

“

(b) that the applicant has a right to make written submissions to the Minister, or be heard by a person designated by the Minister for that purpose, before the Minister makes a decision on the application.

”.

(2) Schedule 1 clause 6(4) is amended by deleting “its” and inserting instead —

“ a ”.

89. Schedule 1 clause 12 amended

Schedule 1 clause 12(5) is amended by deleting “accountable authority of the Commission” and inserting instead —

“ accountable authority of the Department ”.

90. Schedule 1 clause 15 amended

Schedule 1 clause 15(2) is amended by deleting “its” and inserting instead —

“ the Minister’s ”.

91. Schedule 1 clause 22 amended

Schedule 1 clause 22(2)(b) is amended by deleting “its” and inserting instead —

“ the ”.

92. Schedule 1 clause 26 amended

(1) Schedule 1 clause 26(4) is amended as follows:

(a) in paragraph (a) by deleting “its” and inserting instead —

“ the Minister’s ”;

(b) by deleting paragraph (b) and inserting the following paragraph instead —

“

(b) that the licensee has a right to make written submissions to the Minister, or be heard by a person designated by the Minister for that purpose, before the Minister makes a decision to exercise the power.

”.

(2) Schedule 1 clause 26(5) is amended by deleting “applicant” and inserting instead —

“ licensee ”.

(3) Schedule 1 clause 26(6) is amended by deleting “it makes its” and inserting instead —

“ the Minister makes a ”.

93. Schedule 1 clause 29A inserted

After clause 29 the following clause is inserted —

“

29A. Transfers of licence — death of licence holder

(1) If —

(a) a holder of a licence (the “deceased holder”) dies; and

(b) probate of the will, or letters of administration of the estate, of the deceased holder is granted before the end of the 12 months immediately following the death of the deceased holder or that period as extended under subclause (5) in relation to the deceased holder,

the executor or administrator becomes, on the grant of probate or letters of administration, the holder of the deceased holder’s interest in the licence to deal with as executor or administrator.

(2) If the death of a holder of a licence (the “deceased holder”) means that no person holds the licence, the licence does not cease but continues, under this subclause, until the earlier of —

(a) the end of the 12 months immediately following the death of the deceased holder or that period as extended under subclause (5) in relation to the deceased holder; or

(b) the time at which probate of the will, or letters of administration of the estate, of the deceased holder, or any other person who was a holder of the licence at the time of his or her death, is granted.

(3) Any thing done or omitted to be done under the licence, while it continues under subclause (2), on behalf of the deceased holder, or any other person who was a holder of the licence at the time of his or her death, is as valid and as lawful as it would have been if done, or omitted to be done, by the deceased holder or that other person.

(4) This clause does not apply so as to extend the term of a licence that is for a fixed term.

(5) The Minister may, on application, extend the period referred to in subclause (1)(b) or (2)(a) in relation to a particular deceased holder if the circumstances of the case warrant it.

”.

94. Schedule 1 clause 30 amended

Schedule 1 clause 30(5) is amended by deleting “(7)(2)” and inserting instead —

“ 7(2) ”.

95. Schedule 1 clause 35 amended

(1) Schedule 1 clause 35(6) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “an appearance before the Commission” and inserting instead —

“ that the person be heard ”;

“ a person designated by the Minister for that purpose ”.

(2) Schedule 1 clause 35(8)(a) is amended by deleting “its” and inserting instead —

“ the Minister’s ”.

96. Heading to Schedule 1 Division 8 amended

The heading to Schedule 1 Division 8 is amended by deleting “Commission” and inserting instead —

“ Minister ”.

97. Schedule 1 clause 38 amended

Schedule 1 clause 38(1)(d) is amended by deleting “it” in the second place where it occurs and inserting instead —

“ the Minister ”.

98. Heading to Schedule 1 Division 10 amended

The heading to Schedule 1 Division 10 is amended by deleting “Commission” and inserting instead —

“ Minister ”.

99. Schedule 1 clause 40 amended

Schedule 1 clause 40(1)(b) is amended by deleting “Commission” and inserting instead —

“ Crown ”.

100. Schedule 1 clause 45 amended

Schedule 1 clause 45 is amended by deleting “Commission” in both places where it occurs and inserting instead —

“ CEO ”.

101. Various references to “Commission” changed to “Minister”

(1) Each provision of the Act listed in the Table to this subsection is amended by deleting “Commission” in each place where it occurs and inserting instead —

“ Minister ”.

Table

s. 4(3)	s. 26GM(1) and (2)
s. 5C(1)(d)	s. 26GP(1) and (2)
s. 6(4) and (6)	s. 26GQ
s. 11(1)(a)	s. 26GW(2) and (3)
s. 17(3a), (4), (6) and (7)	s. 26GX(2) and (3)
s. 21A(1)(a)	s. 26GY(2) and (3)
s. 22(1), (2), (2a), (3) and (4)	s. 26GZB(a) and (b)
s. 25(4) and (5)	s. 26GZC(1), (2), (3) and (4)
s. 26B(4)(d) and (5)(d)	s. 26GZD
s. 26D(1) and (2)	s. 26GZG(2), (3), (4) and (5)
s. 26E(1) and (2)	s. 26N(2) and (3)
s. 26F(1) and (2)	s. 26P(c)
s. 26G(1), (2), (2b) and (4)	s. 26Q(1) and (2)
s. 26GC(1) and (4)	s. 27A(1)(a) and (c)
s. 26GD(1) and (2)	s. 27B
s. 26GE(1) and (2)	s. 36
s. 26GG(1)	s. 37
s. 26GH(2)	s. 38(a), (c) and (d)
s. 26GI	s. 66(3)

(2) Each provision of the Act listed in the Table to this subsection is amended by deleting “it” in each place where it occurs and inserting instead —

“ the Minister ”.

Table

s. 26GE(2)	Sch. 1 cl. 18(3)(b)(ii)
s. 26GZC(2)	Sch. 1 cl. 22(2)(b) and (3)(b)
s. 26GZD	Sch. 1 cl. 30(5)
Sch. 1 cl. 6(1)(b) and (4)	Sch. 1 cl. 31(5)
Sch. 1 cl. 7(2) and (4)	Sch. 1 cl. 36(c) and (d)
Sch. 1 cl. 8	Sch. 1 cl. 39(4)
Sch. 1 cl. 17(2)

(3) Each clause of Schedule 1 (other than clauses 6(2)(b), 12(5), 26(4)(b), 35(6), 40(1)(b) and 45) is amended by deleting “Commission” in each place where it occurs and inserting instead —

“ Minister ”.

102. Various references to “Commission” changed to “CEO ”

Each provision of the Act listed in the Table to this subsection is amended by deleting “Commission” in each place where it occurs and inserting instead —

“ CEO ”.

Table

s. 26GZI(1), (2), (4) and (5)	s. 26GZP(1)
s. 26GZJ(1)(e)	s. 26GZQ(1) and (2)
s. 26GZL	s. 26GZR
s. 26GZM(1)	s. 26GZS
s. 26GZN(1)

Note: The heading to section 26J will be altered by deleting “Commission entitled to” and inserting instead “Minister may”.

The headings to sections 26G, 26GC, 26GQ and 26Q and Schedule 1 clauses 8, 10, 18, 24, 25, 31, 33, 38, 40 and 41 will be altered by deleting “Commission” and inserting instead “Minister”.

The heading to Schedule 1 clauses 7 and 32 will be altered by deleting “Commission’s” and inserting instead “Minister’s”.

The heading to section 26GZN will be altered by deleting “Commission” and inserting instead “CEO”.

Part 6 — Amendments to the Water Agencies (Powers) Act 1984

103. The Act amended

The amendments in this Part are to the Water Agencies (Powers) Act 1984*.

[* Reprinted as at 4 January 2000.

For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 484 and Act No. 38 of 2005.]

104. Long title amended

The long title is amended by deleting all of the words from and including “vest powers in the Water Corporation” to and including “their functions” and inserting instead —

“

give the Minister functions and powers, to give the Water Corporation powers, to make other provision in respect of their functions, to establish the Water Resources Ministerial Body and the Water Resources Council

”.

105. Section 3 amended

(1) Section 3(1) is amended as follows:

(a) by inserting in the appropriate alphabetical positions —

“

“CEO” means the chief executive officer of the Department;

“Department” means the department of the Public Service principally assisting in the administration of this Act;

“former Commission” means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995 and in existence before the repeal of that Act;

“Ministerial Body” means the Water Resources Ministerial Body established by section 11;

“officer”, in relation to the Corporation, means a member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

“watercourse” has the meaning given to that term in section 2(1) of the Rights in Water and Irrigation Act 1914;

“water resources” includes —

(a) watercourses, reservoirs, wetlands, estuaries and inlets, together with their beds and banks;

(b) aquifers and underground water; and

“wetland” has the meaning given to that term in section 2(1) of the Rights in Water and Irrigation Act 1914;

”;

(b) in the definition of “statutory authority” by deleting “Commission” and inserting instead —

“ Minister, the CEO ”;

“ , gauging works, wells, weirs ”;

(d) in the definition of “works” by deleting “Commission” and inserting instead —

“ Minister ”;

(e) by deleting the definitions of “officer”, “Commission” and “watercourse”.

(2) Section 3(3) is amended as follows:

(a) by deleting “Commission” in the first, third and fourth places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Department ”.

106. Section 8 amended

Section 8(3) is amended as follows:

(a) by deleting “or the Commission” in the first place where it occurs and inserting instead —

“

, or the Minister for the purposes of this or a relevant Act,

”;

(b) by deleting “Commission” in the second and third places where it occurs and inserting instead —

“ Minister ”.

107. Parts II, IIA and heading to Part IIB inserted

After section 8 the following is inserted —

“

Part II — The Minister and the Water Resources Ministerial Body

Division 1 — General functions and powers of the Minister

9. General functions and powers of the Minister

(1) The Minister has the general functions of —

(a) conserving, protecting and managing water resources;

(b) assessing water resources;

(d) promoting the efficient use of water resources;

(e) promoting the efficient provision of water services;

(f) developing plans for and providing advice on flood management.

(2) The Minister has power to do all things necessary or convenient to be done for or in connection with the performance of the Minister’s functions.

(3) Without limiting subsection (2), the Minister may acquire, hold, manage, improve, develop, dispose of and otherwise deal in real and personal property, including for the general purposes of the Department.

(4) In performing the Minister’s functions under this section —

(a) the Minister is to have regard to water recycling and efficient water use measures when planning the development of new water resources; and

(b) the Minister, where appropriate, is to promote decision making processes that involve public consultation.

10. Functions and powers of the Minister — relationship to other functions and powers and to the Corporation

(1) A function or power given to the Minister by this Act is in addition to any other function or power of the Minister.

(2) If the Corporation has a function or power under this Act that corresponds to a function or power that the Minister has under this Act, the Minister is not to perform that function or exercise that power in substitution for the Corporation performing that function or exercising that power, unless the contrary intention appears or the context otherwise requires.

Division 2 — The Water Resources Ministerial Body

11. The Water Resources Ministerial Body

(1) The Water Resources Ministerial Body is established.

(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.

(5) The Ministerial Body is an agent of the Crown and has the status, immunities and privileges of the Crown.

12. 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 functions under this Act, a relevant Act, the Land Administration Act 1997 or the Public Works Act 1902 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 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.

13. Execution of documents by the Ministerial Body

(1) The Ministerial Body is to have a common seal.

(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); or

(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 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 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.

(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 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 the contrary is shown.

(9) For the purposes of this Act, a facsimile of —

(a) the Ministerial Body’s seal; or

(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 endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.

Division 3 — Minister to have access to certain information

14. Minister to have access to certain information

(1) The Minister may direct a water service licensee to give the Minister specified information, or information relevant to a specified matter, that the Minister considers is relevant to the Minister’s functions under, or relating to, this Act or a relevant Act.

(2) The direction must be in writing, must specify the time period (in days) within which it must be complied with and may specify the form and manner in which the information is to be provided.

(3) The licensee must comply with the direction even though the direction requires the licensee to give the Minister information that is confidential or commercially sensitive.

(4) If the licensee objects to the direction the licensee is to notify the Minister, in writing within 7 days of receipt of the direction, of its objection and any reasons for it.

(5) If the licensee gives a notice to the Minister under subsection (4) —

(a) the Minister is to consult with the ERA Minister and, having regard to those consultations, is to cancel or confirm the direction; and

(b) the licensee is not required to comply with the direction unless it is confirmed.

(6) If the Minister confirms a direction —

(a) the Minister must notify the licensee; and

(b) the time period within which the direction must be complied with commences on the day on which it is confirmed.

(7) The licensee, a subsidiary of the licensee or a person performing functions for or on behalf of the licensee or subsidiary incurs no civil or criminal liability as a result of complying with the direction, and is not to be regarded for any purpose as being in breach of any duty of confidentiality.

(8) A water services licensee that does not comply with a direction that has not been objected to or that has been confirmed commits an offence.

Penalty: $5 000.

(9) The Minister must cause a copy of a direction under subsection (1) (other than a direction that has been cancelled) to be laid before each House of Parliament, or dealt with under section 110, within 14 days after the day on which the direction is given or confirmed (which ever is the later).

(10) The annual report submitted by the accountable authority of the Department under Part 5 of the Financial Management Act 2006 is to list each direction under subsection (1) in the year (other than a direction that has been cancelled).

(11) For the purposes of subsection (9) or (10), the Minister or the accountable authority (which ever is relevant) may obliterate or omit so much of the direction as is necessary to avoid disclosing confidential or commercially sensitive material.

(12) In this section —

“ERA Minister” means the Minister administering the Economic Regulation Authority Act 2003;

“water services licensee” means a licensee as defined in section 3 of the Water Services Licensing Act 1995.

15. Use or disclosure of information obtained under section 14

(1) This section applies to the Minister, a ministerial officer assisting the Minister, an officer of the Department and a person who was such a person.

(2) Despite anything else in this Act or a relevant Act, a person to whom this section applies must not disclose information obtained, whether directly or indirectly, under section 14 unless —

(a) it is disclosed in the course of duty to a person who is an officer of the Department; or

(b) the Minister considers the disclosure to be in the public interest; or

Penalty: $12 000 and imprisonment for one year.

(3) If the Minister proposes to disclose information under subsection (2)(b), the Minister must notify the person who gave the information under section 14, unless the Minister considers that it would be contrary to the public interest to delay the disclosure.

(4) The Minister must take into account any comments or objections received, within 7 days of giving the notification, from the person notified.

(5) This section does not apply to the extent to which —

(a) the information is already in the public domain; or

(b) the information is summary or statistical information that could not reasonably be expected to enable particulars relating to a person or a particular commercial operation to be ascertained; or

(6) In this section —

“ministerial officer” has the meaning given to that term in the Public Sector Management Act 1994.

Part IIA — The Water Resources Council

16. Water Resources Council established

The Minister is to appoint 6, 7 or 8 persons to be the members of a body called the Water Resources Council.

17. Membership of the Council

(1) The Minister is, to the extent practicable, to choose the members of the Council in such a way that its membership covers or includes —

(a) expertise or experience in water resources management; and

(b) expertise or experience in conservation; and

(d) expertise or experience in community interests; and

(e) expertise or experience in law (in the natural resources field); and

(f) expertise or experience in mining; and

(g) expertise or experience in agriculture; and

(h) an indigenous person; and

(i) a person who lives in regional Western Australia.

(2) The Minister is to designate one of the members as the chairman.

18. Functions of the Council

(1) The Council has the following functions —

(a) advising the Minister in relation to the management of water resources generally and on any matter that the Minister refers to it for advice;

(b) consulting with persons, or bodies, having functions under, or related to the purposes of, a water resources Act;

(2) In this section —

“water resources Act” means an Act that the Minister administers, to the extent to which the Act relates to water resources.

19. 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 not to exceed 3 years.

(2) A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.

20. Casual vacancy

(1) A member of the Council may at any time resign from office by notice in writing given to the Minister.

(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; or

(b) the person being an insolvent under administration within the meaning of that term in the Corporations Act 2001 of the Commonwealth; or

(d) misconduct.

(3) If a member of the Council dies, resigns, or is removed from office, the office of the member becomes vacant.

21. Remuneration and allowances

Members of the Council are entitled to any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Minister for Public Sector Management.

22. Quorum

A quorum for a meeting of the Council is any 4 members.

23. 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 number to preside.

24. 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 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 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 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 advising, the Minister on the matter.

(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.

25. Procedure at meetings

Except as otherwise stated in this Act, the Council is to determine its own meeting procedures.

26. Minutes

The Council is to cause accurate minutes to be kept of the proceedings at its meetings.

27. Staff and other resources of the Council

(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 Department on terms agreed to by the chairman of the Council and the CEO.

28. Application of the Financial Administration and Audit Act 1985

Acts or things done by or for the Council under this or a relevant Act are to be regarded —

(a) as services under the control of the Department for the purposes of section 52 of the Financial Management Act 2006; and

(b) as part of the operations of the Department for the purposes of Part 5 of that Act.

Part IIB — Regulations and by‑laws

”.

108. Section 34 amended

(1) Section 34(1) is amended by deleting “Commission, the Corporation or the Coordinator” and inserting instead —

“ Minister or the Corporation ”.

(2) Section 34(3)(k) is amended by deleting “and confer functions on the Coordinator in relation to those matters”.

109. Section 36 amended

(1) Section 36(1) is amended as follows:

(a) paragraph (c) is deleted and the following paragraph is inserted instead —

“

(c) as to provide that where, by reason of the unavailability of materials or any other reason that the Minister or the Corporation considers valid, any requirement imposed by the Minister or the Corporation cannot be conformed to in any particular case, the Minister or the Corporation may in writing dispense with that requirement and instead require the use of materials or any other matters which the Minister or the Corporation considers to be appropriate; or

”;

(b) by inserting at the end of each of paragraphs (a) and (b) —

“ or ”.

(2) Section 36(6) is amended as follows:

(a) by deleting “Commission” in the first and third places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Department ”.

110. Section 38 amended

Section 38(1) is amended by deleting “the Commission or”.

111. Section 62 amended

(1) Section 62(1) is amended by deleting “its” and inserting instead —

“ the Minister’s or the Corporation’s ”.

(2) Section 62(3) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Crown ”;

(b) in paragraph (a) by deleting “Commission” and inserting instead —

“ Minister ”;

(d) in paragraph (b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Crown ”.

112. Section 63 amended

(1) Section 63(1) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Crown ”;

(b) by deleting “Commission” in the second and third places where it occurs and inserting instead —

“ Minister ”.

(2) Section 63(2) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Crown ”;

(b) by deleting “Commission” in the second, third and fourth places where it occurs and inserting instead —

“ CEO ”.

113. Section 66 amended

Section 66 is amended by deleting “Commission” and inserting instead —

“ CEO ”.

114. Section 70 amended

Section 70(2) is amended as follows:

(a) by deleting “a person authorized by the Commission or” and inserting instead —

“ the Minister or a person authorised by ”;

(b) by deleting “authorized” in the second place where it occurs and inserting instead —

“ authorised ”;

“ Minister ”.

115. Section 71 amended

Section 71(3) is repealed and the following subsection is inserted instead —

“

(3) Whenever the Minister, or the Corporation by its officers or agents, enters or has entered on or into any land, premises or thing the person responsible for the conduct of the entry shall, on request, produce evidence of his designation or appointment and give particulars of the power conferred on the Minister or the Corporation by virtue of which the person claims a right of entry.

”.

116. Section 72 amended

(1) Section 72(6) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “authorize the Commission or the Corporation by its officers” and inserting instead —

“

authorise an officer of the Department, or the Corporation by its officers,

”.

(2) Section 72(7) is amended by deleting “its” and inserting instead —

“ the Minister’s or the Corporation’s ”.

117. Section 73 amended

(1) Section 73(1) is amended as follows:

(a) by deleting “Commission or the Corporation an officer of the Commission” in the first place where it occurs and inserting instead —

“

Minister or the Corporation, an officer of the Department

”;

(b) by deleting “act on behalf of the Commission” and inserting instead —

“ exercise a power of the Minister ”;

“ Minister ”.

(2) Section 73(3) is amended by deleting “Commission” and inserting instead —

“ Department ”.

118. Section 78 amended

(1) Section 78(1) is amended as follows:

(a) by deleting “Commission” in the first and third places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “or the Commission” and inserting instead —

“ , the former Commission, the Minister ”.

(2) Section 78(2) is amended by deleting “or the Commission” and inserting instead —

“ , the former Commission, the Minister ”.

119. Section 79 amended

Section 79 is amended by deleting “Commission” in the first, third and fourth places where it occurs and inserting instead —

“ Minister ”.

120. Section 81 amended

(1) Section 81(1) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Crown ”;

(b) by deleting “subsection (1) of section 84” and inserting instead —

“ section 84(1) or (1a) ”;

“ section 84(2) to be vested in the Minister ”.

(2) Section 81(2) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Crown ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Minister ”.

(3) Section 81(3) is amended as follows:

(a) by deleting “Commission” in the first and fourth places where it occurs and inserting instead —

“ Crown ”;

(b) by deleting “Commission” in the second and third places where it occurs and inserting instead —

“ Minister ”.

(4) Section 81(4) is amended as follows:

(a) by deleting “Commission” in the first, second and third places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “its” and inserting instead —

“ the Minister’s ”;

“ decided ”;

(d) by deleting all of the words from and including “as may in the opinion” to and including “be necessary”.

(5) Section 81(5) is amended by deleting “required”.

(6) Section 81(6) is amended as follows:

(a) by deleting “Commission” in the first and third places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “Commission” in the second place where it occurs and inserting instead —

“ Crown ”.

(7) Section 81(8) is repealed and the following subsection is inserted instead —

“

(8) For the purposes of this Act or a relevant Act, the Minister may exercise or delegate any power that is by the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 vested in the relevant Minister and in so far as that Act applies, or those Parts apply, to or in relation to the compulsory taking of any land, or the entry on, occupation or use of any land, under this Act or a relevant Act, any reference in that Act or those Parts —

(a) to the relevant Minister, may be read for the purposes of this Act or a relevant Act as a reference to the Minister; and

(b) to the department of the Public Service principally assisting the relevant Minister in the administration of that Act or those Parts, may be read for the purposes of this Act or a relevant Act as a reference to the Department,

and that Act or those Parts may be construed accordingly.

”.

(8) Section 81(10) is repealed.

(9) Section 81(11) is amended as follows:

(a) by deleting “Commission” in the first and second places where it occurs and inserting instead —

“ Minister ”;

(b) by deleting all of the subsection after “the Minister” and inserting instead —

“ may vary the taking accordingly. ”.

(10) Section 81(12) is amended as follows:

(a) by deleting “Minister administering that Act” and inserting instead —

“ Land Administration Minister ”;

(b) by deleting “that Minister” and inserting instead —

“ the Land Administration Minister ”.

(11) Section 81(14) is amended as follows:

(a) by deleting “subsections (8) and (9)” and inserting instead —

“ this section ”;

(b) by inserting in the appropriate alphabetical position —

“

“Land Administration Minister” means the Minister administering the Land Administration Act 1997;

”.

121. Section 82 amended

After section 82(1) the following subsection is inserted —

“

(1aa) The conservation, protection or management of water resources is to be regarded as a public work for the purposes of this Act and Part 9 of the Land Administration Act 1997, even though the conservation, protection or management of water resources may be achieved on or in relation to an area of land without any works being carried out on the land.

”.

122. Section 83 amended

Section 83(1a) is amended as follows:

(a) by deleting “its” in the first place where it occurs and inserting instead —

“ the Minister’s ”;

(b) in paragraph (a) by deleting “its” and inserting instead —

“ the Minister’s ”.

123. Section 84 amended

(1) Section 84(1) is amended by deleting “the Commission or”.

(2) After section 84(1) the following subsection is inserted —

“

(1a) Where the Minister places or has placed, or causes or permits or has caused or permitted any works or other things to be placed upon, in, over or under any land for the purposes of this Act or a relevant Act those works or other things shall be taken to have been lawfully so placed.

”.

(3) Section 84(4) is amended by inserting after “former Authority” —

“ , to the former Commission ”.

124. Section 86 amended

Section 86 is amended as follows:

(a) in the definition of “exempt works”, in paragraph (c), by deleting “Commission” and inserting instead —

“ Minister ”;

(b) in the definition of “major works”, in paragraph (b)(ii), by deleting “directs the Commission or” and inserting instead —

“ in the case of the Corporation — directs ”.

125. Section 87 amended

(1) Section 87 is amended as follows:

(a) by inserting before “The” the subsection designation “(1)”;

(b) by deleting “Commission or the” in both places where it occurs.

(2) At the end of section 87 the following subsection is inserted —

“

(2) The Minister may carry out, or undertake the construction or provision of, major works, if —

(a) the Minister has complied with sections 88 and 89; and

(b) the Minister is satisfied that any objections or comments lodged under section 89 have been met by amendment of the proposal for the major works or that it is not in the public interest to amend the proposal; and

(c) a notice of the decision to carry out, or undertake the construction of or provide, the works has been published in the Government Gazette.

”.

126. Section 88 amended

Section 88(1) is amended as follows:

(a) by deleting “Commission or the Corporation shall” in the first place where it occurs and inserting instead —

“

Minister must, before carrying out, construction or provision of major works, and the Corporation must

”;

(b) in paragraph (a) by deleting all of the paragraph from and including “copies to be deposited” and inserting instead —

“

copies, to be deposited in the office of the Department or Corporation nearest to the locality in which the proposed works are to be situated; and

”.

127. Section 89 amended

Section 89(3) is amended as follows:

(a) by deleting “but” and inserting instead —

“ and, in the case of the Corporation, ”;

(b) by inserting after “for authorization” —

“ , the Corporation ”.

128. Section 90 amended

(1) Section 90(1) is amended by deleting “the Commission or” in both places where it occurs.

(2) Section 90(2) is amended by deleting “Commission or the”.

129. Section 91 amended

(1) Section 91(1) and (3) are amended by deleting “the Commission or”.

(2) After section 91(3) the following subsections are inserted —

“

(4) If the Minister proposes that major work be substantially altered or extended, the Minister must decide whether the procedures in sections 88 and 89 should be complied with in relation to the alteration or extension.

(5) If the Minister decides that the procedures in sections 88 and 89 should be complied with in relation to the alteration or extension, section 87(2) applies in relation to the alteration or extension as if the references to major works were references to the alteration or extension.

”.

130. Section 93 amended

Section 93(1) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Minister ”;

(b) in paragraph (a) by deleting all of the paragraph from and including “deposited” and inserting instead —

“

deposited in the office of the Department or Corporation nearest to the locality in which the proposed works are to be situated;

”.

131. Section 95 amended

(1) Section 95(1), (2) and (3) are amended by deleting “the Commission or” in each place where it occurs.

(2) After section 95(4) the following subsection is inserted —

“

(5) Where the Minister has complied with the requirements of sections 93 and 94 and —

(a) no objections or comments have been received by the time specified in the notices served pursuant to section 93(1); or

(b) the Minister is satisfied that any objections or comments material to the proposal have been met or that it is not in the public interest that they be met,

the Minister is authorised to proceed to carry out, construct or provide the general works.

”.

132. Section 97 amended

(1) Section 97(3) is amended by deleting “authorized” and inserting instead —

“ of authorised works ”.

(2) Section 97(4) is amended by deleting all of the subsection from and including “he may authorize” and inserting instead —

“

the Minister may —

(a) in the case of works of the Corporation — authorise the carrying out of the works as so varied; or

(b) in the case of works of the Minister — carry out the works as so varied,

despite the provisions of sections 88, 89 and 90, or 93, 94 and 95, not having been complied with.

”.

133. Section 103 amended

Section 103(11) is amended by deleting “Commission” and inserting instead —

“ CEO ”.

134. Part X inserted

After section 103 the following Part is inserted —

“

Part X — Administrative provisions

104. Delegation by the Minister

(1) The Minister may delegate to —

(a) the CEO; or

(b) another officer of the Department; or

(d) another Minister; or

(e) the employing authority of another department or organisation; or

(f) any other person or body (whether incorporated or not),

any power or duty of the Minister under a provision of this or a relevant Act (other than this section and sections 14 and 106).

(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 under section 11(4).

(3) The delegation must be in writing signed by the Minister.

(4) A person to whom a power or duty is delegated under subsection (1)(b), (c) or (f) cannot delegate that power or duty.

(5) A delegation under subsection (1)(d) may expressly authorise the other Minister to further delegate the power or duty but only to an officer or employee of a department administered by the other Minister.

(6) A delegation under subsection (1)(a) or (e) may expressly authorise the delegate to further delegate the power or duty but only to an officer or employee of the department or organisation.

(7) A person exercising or performing a power or duty that has been delegated to the person under, or as authorised under, this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(8) Nothing in this section limits the ability of —

(a) the Minister to perform a function through an officer or agent; and

(b) a Minister or employing authority to whom a power or duty is delegated under this section from exercising that power or performing that duty through an officer or agent.

(9) In this section, “department”, “employing authority” and “organisation” each have the meaning given to them in section 3 of the Public Sector Management Act 1994.

105. Delegation by the CEO

(1) The CEO may delegate to —

(a) another officer of the Department; or

(b) the employing authority of another department or an organisation; or

(d) any other person or body (whether incorporated or not),

any power or duty of the CEO under another provision of this or a relevant Act.

(2) The delegation must be in writing signed by the CEO.

(3) Except in the case of an officer of the Department, a power or duty can only be delegated to a person or body under subsection (1) if the person or body has been approved, or is in a class of person or body approved, by the Minister for the purposes of this section.

(4) A person to whom a power or duty is delegated under subsection (1)(a), (c) or (d) cannot delegate that power or duty.

(5) A delegation under subsection (1)(b) may expressly authorise the delegate to further delegate the power or duty but only to an officer or employee of the department or organisation.

(6) A person or body exercising or performing a power or duty that has been delegated to the person or body under, or as authorised under, this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(7) Nothing in this section limits the ability of —

(a) the CEO to perform a function through an officer or agent; and

(b) an employing authority to whom a power or duty is delegated under this section from exercising that power or performing that duty through an officer or agent.

(8) In this section, “department”, “employing authority” and “organisation” each have the meaning given to them in section 3 of the Public Sector Management Act 1994.

106. Directions about Government policy

(1) The Minister may, in writing, direct the Water Corporation or a water board to have regard to a general policy of the Government relating to water resources, to the extent specified in the direction.

(2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under section 110, within 14 days after the day on which the direction is given.

(3) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Department under Part 5 of the Financial Management Act 2006.

(4) In this section —

“water board” means a water board constituted under section 6 of the Water Boards Act 1904;

“Water Corporation” means the Water Corporation established by section 4 of the Water Corporation Act 1995.

107. 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 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 Act 1994.

108. 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 of the Department; and

(b) any services or facilities of the Department,

that are 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 facilities.

(3) In this section —

“related entity” means —

(a) a body (whether incorporated or not); or

(b) the holder of an office; or

established by or under, or having functions under, this Act or a relevant Act.

109. Advisory committees

(1) The Minister may establish committees for the purpose of advising the Minister on any aspect of the administration of this or a relevant Act, with terms of reference in each case determined by the Minister.

(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 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 committees for any other purpose.

110. Laying documents before Parliament

(1) If a provision of this Act requires the Minister to cause a document to be laid before each House of Parliament, or be dealt with under this section, within a period and —

(a) at the commencement of the period, a House of Parliament is not sitting; and

(b) the Minister is of the opinion that the House will not sit during that period,

the Minister must transmit a copy of the document to the Clerk of that House.

(2) A copy of a document transmitted to the Clerk of a House is to be regarded as having been laid before that House.

(3) The laying of a copy of a document that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.

111. 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 relevant 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 relevant Act had been enacted.

(3) Despite subsection (1), the Crown is not relieved of any liability that it might have for another person having done anything as described in that subsection.

(4) Subsection (1) does not apply in respect of the Corporation.

(5) In this section, a reference to the doing of anything includes a reference to an omission to do anything.

112. 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 relevant Act commits an offence.

Penalty: $12 000 and imprisonment for one year.

(2) A person misuses confidential information if it is, directly or indirectly, recorded, used or disclosed to another person, other than —

(a) in the course of duty; or

(b) under this or a relevant Act or any other written law; or

(d) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; or

(e) with the consent of the person or persons to whom the information relates; or

(f) in circumstances prescribed by the regulations.

(3) This section does not apply —

(a) to or in respect of the Corporation; or

(b) to information to which section 15 applies.

(4) In this section —

“confidential information” means information that has not been made public and that —

(a) is by its nature confidential; or

(b) was specified to be confidential by the person who supplied it; or

”.

135. Various references to “Commission” changed to “Minister ”

Each provision of the Act listed in the Table to this section is amended by deleting “Commission” in each place where it occurs and inserting instead —

“ Minister ”.

Table

s. 34(3)(b)	s. 82(1)
s. 36(3), (4) and (7)	s. 83(1a), (2) and (3)
s. 62(1)	s. 84(2), (3) and (4)
s. 70(1) and (3)	s. 88(1)(c)
s. 71(1) and (2)	s. 89(2) and (3)
s. 72(1), (2), (4) and (7)	s. 92
s. 73(4)	s. 93(1)(b) and (2)
s. 75(1) and (2)	s. 94(2) and (3)
s. 77(1), (2) and (3)	s. 96
s. 81(5), (7), (9), (12) and (13)	s. 97(1), (2) and (3)

Note: The heading to sections 8 and 96 will be altered by deleting “Commission” and inserting instead “Minister”.

The heading to section 81 will be altered by deleting “Commission” and inserting instead “Crown”.

The heading to section 90 will be altered by adding at the end
“ — proposals of the Corporation”.

Part 7 — Amendments to the Water Corporation Act 1995

136. The Act amended

The amendments in this Part are to the Water Corporation Act 1995*.

[* Reprint 2 as at 4 July 2004.]

137. Section 7 amended

After section 7(2)(a) the following paragraph is inserted —

“

(ab) each nomination is made only after consultation with the Minister administering the Water Agencies (Powers) Act 1984; and

”.

138. Section 49 amended

(1) Section 49 is amended by inserting before “The” the subsection designation “(1)”.

(2) At the end of section 49 the following subsection is inserted —

“

(2) If the Minister does not administer the Water Agencies (Powers) Act 1984, the Minister must consult with the Minister administering that Act prior to taking an action under subsection (1).

”.

139. Section 58 amended

(1) Section 58 is amended by inserting before “The” the subsection designation “(1)”.

(2) At the end of section 58 the following subsection is inserted —

“

(2) If the Minister does not administer the Water Agencies (Powers) Act 1984, the Minister must consult with the Minister administering that Act prior to taking an action under subsection (1).

”.

Part 8 — Amendments to the Waterways Conservation Act 1976

140. The Act amended

The amendments in this Part are to the Waterways Conservation Act 1976*.

[* Reprinted as at 20 September 2002.

For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 491 and Act No. 38 of 2005.]

141. Long title amended

The long title is amended by deleting “, for the establishment of a Rivers and Estuaries Council and certain Management Authorities”.

142. Heading to Part 1 inserted

Before section 1 the following heading is inserted —

“

Part 1 — Preliminary

”.

143. Section 3 amended

Section 3(1) is amended as follows:

(a) by deleting the definitions of “Commission”, “committee”, “Council”, “Management Authority” or “Authority” and “the Environmental Protection Authority”;

(b) by inserting in the appropriate alphabetical positions —

“

“CEO” means the chief executive officer of the Department;

“Department” means the department of the Public Service principally assisting in the administration of this Act;

”.

144. Section 5 amended

Section 5(3)(c) is amended by deleting “and in the event of any dispute thereon the provisions of section 15 shall apply”.

145. Section 8 amended

Section 8(2) is amended by deleting “it” and inserting instead —

“ the Minister ”.

146. Heading to Part 2 inserted

After section 8 the following heading is inserted —

“

Part 2 — Application of the Act

”.

147. Section 9 amended

(1) Section 9(1) is amended by deleting “The powers of the Commission apply” and inserting instead —

“ This Act applies ”.

(2) Section 9(2) is repealed.

(3) Section 9(3) is amended by deleting “the powers of the Commission and the relevant Authority shall be deemed to apply” and inserting instead —

“ this Act applies ”.

148. Section 10 amended

(1) Section 10(1) is amended as follows:

(a) by deleting “Environmental Protection Authority” and inserting instead —

“ Minister ”;

(b) in paragraph (a) by deleting “constitute a Management Authority for the area,”;

(d) in paragraph (c) by deleting “dissolve a Management Authority, or”.

(2) Section 10(2) is repealed.

(3) Section 10(4) is amended by deleting “the area to which the powers of the Commission or an Authority are to apply unless, in the opinion of the Commission” and inserting instead —

“ a management area unless, in the opinion of the Minister ”.

(4) Section 10(5) is amended as follows:

(a) by deleting “the waters and associated land to which the powers of the Commission or an Authority apply or are to apply” and inserting instead —

“ a management area ”;

(b) by deleting “section 36 of the Interpretation Act 1918” and inserting instead —

“ section 42 of the Interpretation Act 1984 ”.

149. Heading to Part 3 inserted

After section 10 the following heading is inserted —

“

Part 3 — Functions of the Minister

”.

150. Sections 11 to 30 replaced by sections 11 and 12

Sections 11 to 30 are repealed and the following sections are inserted instead —

“

11. Functions of the Minister

(1) The Minister has the overall responsibility for the conservation of the waters and associated land to which this Act applies and for —

(a) the preservation and enhancement of the quality of the environment and amenity of those waters and that land; and

(b) the control and prevention of any act or omission which may cause the pollution of those waters or that land.

(2) In addition to any other functions of the Minister, the Minister has the following functions —

(a) to maintain and manage all areas to which this Act applies and to carry out works for the purposes of improving and maintaining the condition of the waters and associated land to which this Act applies;

(b) to carry out, or cause to be carried out, river training, dredging, reclamation and structural works;

(c) to control, under the regulations, acts or omissions which may cause the pollution of waters and associated land to which this Act applies;

(d) to promote coordinated action by owners and occupiers of land, and public authorities having the control of land adjacent to or associated with any of the waters to which this Act applies, for the control and prevention of pollution;

(e) to establish and develop criteria for the assessment of the extent of environmental change or pollution;

(f) to specify standards and criteria and the methods of sampling and testing to be used for any purpose;

(g) to conduct or promote relevant research or enter into projects for research or the collation of information;

(h) to provide advice and disseminate knowledge on the conservation and good management of rivers, inlets and estuaries and of associated lands;

(i) to publish reports and provide information for the purpose of increasing public awareness of the problems and remedies that exist in relation to environmental pollution as it relates to waters and associated land;

(j) to carry out, or cause to be carried out, works for the preservation or enhancement of amenities or facilities for recreation;

(k) to control, under the regulations, the excision or reclamation of any waters or associated land;

(l) generally promote, encourage, coordinate and carry out planning and projects in the management and conservation of rivers, inlets and estuaries.

(3) In performing his or her functions under this Act, the Minister may arrange for local governments and other public authorities to carry out works and may finance the works or reimburse the local government or authority concerned.

12. Performance of the functions of the Minister

(1) The Minister is to perform his or her functions under this Act —

(a) to the extent practicable, in consultation with relevant bodies, residents and other persons affected by the operation of this Act; and

(b) to the extent practicable, jointly with relevant bodies, residents and other persons affected by the operation of this Act.

(2) In relation to a management area, the Minister is to perform his or her functions under this Act —

(a) in a way that is consistent with the management programme for that area and any working plan included in that programme; and

(b) having regard to —

(i) the interests of navigation, fisheries, agriculture, water supply and recreation in the area; and

(ii) the natural beauty and amenity of the area; and

(iii) the preservation of public rights of access to the area; and

(iv) the rights acquired by persons in relation to boat houses, jetties and other structures to the extent that the exercise of those rights is not likely to impair the environment.

(3) In subsection (1) —

“relevant bodies”, for any particular area to which this Act applies, means —

(a) the local government or governments for the area; and

(b) any other public authority exercising functions in relation to the area; and

”.

151. Heading to Part 4 and section 30 inserted

Before section 31 the following heading and section are inserted —

“

Part 4 — Agreements, management programmes and consultation

30. Covenants

The Minister may take and enforce covenants as to the conservation of the land and waters to which this Act applies to the same extent as if the Minister were possessed of adjacent land for the benefit of which the covenant is to have effect.

”.

152. Section 31 amended

Section 31(1) is amended by deleting “Commission or a Management Authority” and inserting instead —

“ Minister ”.

153. Section 32 amended

(1) Section 32(1) is amended as follows:

(a) by deleting “Minister administering the Land Administration Act 1997” and inserting instead —

“ Land Administration Minister ”;

(b) by deleting “Commission” and inserting instead —

“ Minister ”.

(2) Section 32(2) is amended as follows:

(a) by deleting “Minister referred to in that subsection” and inserting instead —

“ Land Administration Minister ”;

(b) in paragraph (b) by deleting “Commission” in each place where it occurs and inserting instead —

“ Minister ”;

“ the Land Administration Minister ”.

(3) After section 32(2) the following subsection is inserted —

“

(3) In this section —

“Land Administration Minister” means the Minister administering the Land Administration Act 1997.

”.

154. Section 33 amended

(1) Section 33(1) is repealed and the following subsection is inserted instead —

“

(1) The Minister may refer to a local government any matter that may affect the district of the local government for any information and advice the local government may be able to offer and is to have regard to the views of the local government.

”.

(2) Section 33(3) is amended as follows:

(a) by deleting “Commission or the relevant Management Authority” and inserting instead —

“ Minister ”;

(b) by deleting “an Authority” and inserting instead —

“ the Minister ”;

“ Minister ”.

155. Section 34 repealed

Section 34 is repealed.

156. Section 35 amended

(1) Section 35(1) is amended as follows:

(a) by deleting “Commission, in consultation with the relevant Management Authority and” and inserting instead —

“ Minister, in consultation ”;

(b) by deleting all of the subsection from and including “in relation to” and inserting instead —

“

in relation to waters and associated land to which this Act applies, during the period to which the programme relates.

”.

(2) Section 35(2) is amended by deleting “Commission or relevant Management Authority” and inserting instead —

“ Minister ”.

(3) Section 35(4) is amended as follows:

(a) by deleting “Proposals” and inserting instead —

“

The Minister must consult publicly, in accordance with section 78, in relation to proposals

”;

(b) by deleting “shall be brought to the notice of persons likely to be affected by being published in a newspaper circulating in the locality and in such other manner as the Minister may direct, but” and inserting instead —

“ and ”;

“

the newspaper referred to in section 78(3), indicates that submissions

”.

(4) Section 35(5) is amended by deleting all of the subsection from and including “with the approval of” and inserting instead —

“ by the Minister. ”.

(5) Section 35(6) is amended by deleting “Commission and the relevant Management Authority” and inserting instead —

“ CEO ”.

(6) Section 35(7) is repealed and the following subsection is inserted instead —

“

(7) If the Minister considers it appropriate, the Minister may conduct a public inquiry into the establishment of a management programme for the first time for an area and the regulations may provide for the conduct of such an inquiry.

”.

(7) Section 35(8) is amended by deleting “the Management Authority and the Commission recommend and the Minister approves” and inserting instead —

“ the Minister considers appropriate ”.

(8) Section 35(9) is amended as follows:

(a) by deleting “Commission may, with the approval of the Minister,” and inserting instead —

“ Minister may ”;

(b) by deleting “on behalf of the Commission or Management Authority, and whether or not under the direction of the Commission or that Authority” and inserting instead —

“ , whether or not under the direction of the Minister ”.

157. Section 36 amended

(1) Section 36(1) is amended by deleting “Commission” in the first, third, fourth and fifth places where it occurs and inserting instead —

“ Minister ”.

(2) Section 36(2) is amended as follows:

(a) in paragraph (a) by deleting “to it”;

(b) in paragraph (b) by deleting “its” and inserting instead —

“ the Minister’s ”;

“ Minister’s ”.

(3) Section 36(3) is amended as follows:

(a) by deleting “it has furnished its” and inserting instead —

“ the Minister has given the ”;

(b) by deleting “it” in the second place where it occurs and inserting instead —

“ the Minister ”.

(4) Section 36(4) is amended as follows:

(a) by deleting “it” and inserting instead —

“ the Minister ”;

(b) by deleting “its” in both places where it occurs.

158. Section 37 amended

(1) Section 37(1) is amended as follows:

(a) by deleting “the powers of the Commission apply” and inserting instead —

“ this Act applies ”;

(b) by deleting “Commission” in the second and third places where it occurs and inserting instead —

“ Minister ”;

(c) by deleting “and the relevant Management Authority all such aid, information and facilities as are practicable, and the Commission shall report to the Minister on the matter when and as often as the Minister requires” and inserting instead —

“

such aid, information and facilities as are practicable

”.

(2) Section 37(2) is amended by deleting “in any management area or area to which section 31 or section 32 applies” and inserting instead —

“ to which this Act applies ”.

159. Section 38 amended

Section 38(1) is amended as follows:

(a) by deleting “Commission” in the first place where it occurs and inserting instead —

“ Minister ”;

(b) by deleting “the powers of the Commission apply” and inserting instead —

“ this Act applies ”.

160. Sections 39 to 45 repealed

Sections 39, 42, 43 and 45 are repealed.

161. Heading to Part 5 inserted

Before section 46 the following heading is inserted —

“

Part 5 — Protection of waters and land

”.

162. Section 46 amended

Section 46(2) is repealed.

163. Section 48 amended

(1) Section 48(1) is amended by deleting “for the time being subject to the powers of the Commission” and inserting instead —

“ to which this Act applies ”.

(2) Section 48(3) and (4) are repealed.

(3) Section 48(5a) is amended by deleting “1948” and inserting instead —

“ 1982 ”.

(4) Section 48(9) is amended by deleting “of an offence against subsection (3), or”.

164. Section 49 amended

Section 49(1) is amended by deleting “Commission or a Management Authority” and inserting instead —

“ Minister ”.

165. Section 50 amended

(1) Section 50(1) is amended as follows:

(a) by deleting “Commission, or the relevant Management Authority,” and inserting instead —

“ Minister ”;

(b) by deleting “for the time being subject to its control” and inserting instead —

“ to which this Act applies ”.

(2) Section 50(2) is amended as follows:

(a) by deleting “Commission and any Management Authority” and inserting instead —

“ Minister ”;

(b) by deleting “subject to its control or on any associated land” and inserting instead —

“ or associated land to which this Act applies ”.

166. Section 51 amended

Section 51 is amended by deleting “or a Management Authority”.

167. Section 52 amended

Section 52 is amended as follows:

(a) by deleting “Commission or a Management Authority” and inserting instead —

“ Minister ”;

(b) by deleting “subject to its control” and inserting instead —

“ to which this Act applies ”;

“ Minister ”.

168. Section 53 amended

Section 53 is amended as follows:

(a) by deleting “Commission or a Management Authority” and inserting instead —

“ Minister ”;

(b) by deleting “Commission or that Authority” in the first place where it occurs and inserting instead —

“ Minister ”;

“ Minister ”.

169. Headings to Part 6 and Division 1 inserted

After section 53 the following headings are inserted —

“

Part 6 — General provisions

Division 1 — By‑laws

”.

170. Section 54 replaced

Section 54 is repealed and the following section is inserted instead —

“

54. By‑laws

(1) The Minister may make by‑laws for the purposes of this Act that are applicable in the management area or areas specified in the by‑laws.

(2) By‑laws may be made under subsection (1) prescribing or providing for any matter —

(a) that is required or permitted by this Act to be prescribed or provided for by by‑laws; or

(b) that is necessary or convenient to be prescribed for the purpose of achieving the objects of this Act.

(3) Before the Minister makes, amends or repeals any by‑laws the Minister must consult publicly, in accordance with section 78.

”.

171. Section 56 amended

(1) Section 56(2) and (3) are repealed and the following subsection is inserted instead —

“

(2) If there is conflict or inconsistency between the provisions of a by‑law made under this Act and the provisions of a local law made under this Act, the provisions of the by‑law prevail to the extent of the conflict or inconsistency.

”.

(2) Section 56(5) is repealed and the following subsection is inserted instead —

“

(5) Local laws made under this section are to be prepared according to the same procedures and requirements as if prepared by the local government under and for the purposes of the provisions of the Local Government Act 1995.

”.

172. Section 57 amended

Section 57 is amended by deleting “made under this Act by a Management Authority or a local government” and inserting instead —

“ or local law made under this Act ”.

173. Sections 58 and 59 repealed

Sections 58 and 59 are repealed.

174. Heading to Division 2 inserted

Before section 61 the following heading is inserted —

“

Division 2 — Enforcement provisions

”.

175. Section 61 amended

(1) Section 61(1) is repealed.

(2) Section 61(2) is amended by deleting all of the words from and including “, but” to and including “for that area”.

(3) Section 61(5)(a) is amended as follows:

(a) by deleting subparagraph (i) and inserting instead —

“

(i) a conservation and land management officer, forest officer, wildlife officer or ranger, under the Conservation and Land Management Act 1984; or

”;

(b) by deleting subparagraphs (iii) and (iv).

176. Section 62 amended

(1) Section 62(1) is repealed.

(2) Section 62(2) is amended by deleting all of the words from and including “, but” to and including “for that area”.

177. Section 63 amended

(1) Section 63(1)(a) and (b) are deleted.

(2) Section 63(5) is amended by deleting “Commission or a specified Management Authority” and inserting instead —

“ Minister ”.

178. Section 64 amended

Section 64 is amended by deleting “Commission or to the Management Authority for the area concerned” and inserting instead —

“ Minister ”.

179. Sections 66 and 67 repealed

Sections 66 and 67 are repealed.

180. Heading to Division 3 inserted

Before section 68 the following heading is inserted —

“

Division 3 — General offence and procedural provisions

”.

181. Section 69 amended

Section 69(3) is amended as follows:

(a) by deleting “Commission or the relevant Management Authority” and inserting instead —

“ Minister ”;

(b) by deleting “Commission or that Authority” and inserting instead —

“ Minister ”.

182. Section 71 amended

Section 71(2)(c) is amended by deleting “Commission or a Management Authority on behalf of the Commission” and inserting instead —

“ Minister ”.

183. Section 75 amended

(1) Section 75(1) is repealed and the following subsection is inserted instead —

“

(1) In a prosecution or in other legal proceedings instituted under this Act, proof of the following is not required unless evidence is given to the contrary —

(a) the particular or general appointment of a person by the CEO under this Act;

(b) authorisation by the Minister of a person to make a complaint, prosecute an offence or otherwise institute proceedings under this Act.

”.

(2) Section 75(2) is amended by deleting “land or waters under the control or management of the Commission or a Management Authority” and inserting instead —

“ waters or associated land to which this Act applies ”.

(3) Section 75(3)(a) and (b) are amended by deleting “Commission or a Management Authority” and inserting instead —

“ Minister ”.

(4) Section 75(4)(b) and (5) are amended by deleting “chief executive officer of the Commission” and inserting instead —

“ CEO ”.

(5) Section 75(7) is amended by deleting “, the Chairman of a Management Authority, or the chief executive officer or other authorised officer of the Commission or of a Management Authority” and inserting instead —

“

, the CEO, a delegate of the minister or CEO or a person otherwise authorised or appointed by the Minister or the CEO under this Act

”.

(6) Section 75(8) is repealed.

(7) Section 75(9) is amended by deleting “section 36(2) of the Interpretation Act 1918” and inserting instead —

“ section 42(2) of the Interpretation Act 1984 ”.

184. Heading to Division 4 and sections 76 to 81 inserted

After section 75 the following heading and sections are inserted —

“

Division 4 — Administrative provisions

s. 5(3)	s. 47(1), (3), (4), (5), (6), (7),
s. 8(1) and (2)	(8) and (9)
s. 36(2), (3), (4) and (5)	s. 48(7) and (8)
s. 37(2)	s. 51
s. 38(2)
s. 46(3), (4), (5), (6), (7), (8),
(9), (10) and (11)