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These regulations are the Heritage Regulations 2019.
These regulations come into operation on the day on which the Heritage Act 2018 section 164 comes into operation.
In these regulations, unless the contrary intention appears —
Commission means the Western Australian Planning Commission established by the Planning and Development Act 2005 section 7(1);
committee means a committee established under regulation 25;
Council member —
means a member of the Council; and
includes the chairperson; and
in regulations 18(3), 19 and 23 includes an alternate member.
[Regulation 3 amended: SL 2022/129 r. 4.]
The following fields are prescribed under section 14(3)(b)(xii) of the Act —
Aboriginal cultural heritage;
horticulture;
law;
tourism.
Before nominating a person for appointment as a Council member under section 14(1) of the Act, the Minister must publish an advertisement calling for expressions of interest in nomination for appointment.
The advertisement —
must be published for at least 7 days on the Council’s website; and
may be published on any other form of media.
The Minister must consider expressions of interest lodged in accordance with the advertisement but may nominate a person as a Council member whether or not the person has lodged an expression of interest.
A Council member holds office for the term specified in the member’s instrument of appointment.
The term of office specified in an instrument of appointment must not exceed 5 years.
A person’s eligibility for appointment as a Council member or the term for which a person may be reappointed is not affected by an earlier appointment.
A Council member whose term of office expires without a person having been appointed to fill the vacancy continues in office (unless under regulation 7 the member resigns or is removed from office) until whichever of the following happens first —
a person is appointed to fill the vacancy;
a period of 6 months elapses after the expiry of the term of office.
In this regulation —
misconduct includes conduct that renders the Council member unfit to hold office as a member even though the conduct does not relate to a duty of the office.
The office of a Council member becomes vacant if the member —
dies, resigns under this regulation or is removed from office under this regulation; or
is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
is convicted of an offence punishable by imprisonment for more than 12 months; or
is convicted of an offence under regulation 13(1).
A Council member may resign from office by written notice addressed to the Minister.
The resignation takes effect on the later of the following —
receipt of the notice by the Minister;
the day specified in the notice.
The Minister may remove a Council member from office on the grounds of —
neglect of duty; or
misconduct or incompetence; or
mental or physical incapacity, other than temporary illness, impairing the performance of the member’s duties; or
absence, without leave, from 3 consecutive meetings of which the member has had notice.
The Council may, on the terms and conditions determined by the Council, grant a Council member leave to be absent from office for a period not exceeding 2 months.
The Minister may, on the terms and conditions determined by the Minister, grant a Council member leave to be absent from office for a period exceeding 2 months.
If a Council member other than the chairperson is unable or unavailable to act because of illness, absence or other cause, the Minister may appoint another person as an alternate member to act temporarily in the member’s place.
If a Council member is acting in place of the chairperson at a meeting, the Minister may appoint another person to act in place of the member as an alternate member.
While acting in accordance with the appointment the alternate member is taken to be, and to have any entitlement of, a Council member.
An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.
The Minister may appoint a member of the Council as deputy chairperson.
If the chairperson of the Council is unable or unavailable to act because of illness, absence or other cause, or if there is no chairperson, the deputy chairperson may act temporarily in the chairperson’s place.
If, in the circumstances set out in subregulation (1A), the deputy chairperson is unable or unavailable to act because of illness, absence or other cause, or if there is no deputy chairperson, the Council may recommend to the Minister which member will act as chairperson.
If a recommendation is made under subregulation (1B), the Minister may —
appoint the recommended member to act temporarily in the chairperson’s place; or
appoint another Council member to act temporarily in the chairperson’s place.
If neither the chairperson nor the deputy chairperson nor a person appointed to act in the chairperson’s place under subregulation (2) is able to preside at a meeting or at a part of a meeting of the Council, the members present may elect one of their number to be the acting chairperson for the meeting or the part of the meeting as the case may be.
An act or omission of the deputy chairperson or of a Council member acting in the chairperson’s place cannot be questioned on the ground that the occasion to act had not arisen or had ceased.
[Regulation 10 amended: SL 2022/129 r. 5.]
A person appointed under section 15 of the Act as a co‑opted member of the Council in relation to matters that are specified in the instrument of appointment may vote on questions arising in relation to those matters as if the person were a Council member.
In this Division —
member means —
a Council member; and
an alternate member acting under regulation 9; and
a co‑opted member acting under section 15 of the Act.