Infrastructure Western Australia Act 2019

Part 1 — on the day on which this Act receives the Royal Assent (assent day);

section 8(1)(b) and Part 3 Divisions 2 and 3 — on a day fixed by proclamation, and different days may be fixed for different provisions;

the rest of the Act — on the day after the period of 1 month beginning on assent day.

a person employed in the Public Sector by or under an employing authority;

a person who is an employee of a public authority;

a body established by the Electricity Corporations Act 2005 section 4(1);

a port authority established by the Port Authorities Act 1999 section 4(1);

a body established by or under the Water Corporations Act 1995 section 4;

the body established by the Western Australian Land Authority Act 1992 section 5(1);

a body prescribed for the purposes of this definition;

a subsidiary of a body referred to in one of paragraphs (a) to (e);

the project has or the projects have an estimated capital cost of $100 million or more, or another amount prescribed for the purposes of this paragraph; or

the proposal is nominated by the Premier for the purposes of this definition; or

the project is or the projects are prescribed, or in a class of infrastructure project prescribed, for the purposes of this definition;

a Minister of the Crown;

an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1);

a body, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the Crown;

an agency as defined in the Financial Management Act 2006 section 3;

a government trading enterprise;

Infrastructure WA is established.

Infrastructure WA —

is a body corporate; and

has perpetual succession; and

has a common seal; and

may sue and be sued in its corporate name.

to provide advice and assistance to the Government on matters relating to infrastructure;

to assist in enhancing the efficiency and effectiveness of infrastructure planning and coordination;

to promote the adoption and use of policies, practices, information and analysis to support sound decision‑making in relation to infrastructure.

Infrastructure WA’s functions are —

to prepare and submit to the Premier State Infrastructure Strategies, in accordance with Part 3 Division 1;

to assess and report to the Premier on major infrastructure proposals, in accordance with Part 3 Division 3;

to provide advice and assistance to State agencies in the preparation of infrastructure strategies, plans and policies, including by preparing, at the request of the Premier, strategies, plans and policies on behalf of State agencies;

to provide advice to State agencies on the preparation of infrastructure proposals;

to review and report to the Premier on infrastructure proposals prior to their submission to Infrastructure Australia;

under the direction of the Premier, to coordinate the provision of information and submissions to Infrastructure Australia;

to monitor and report on progress in implementing the State Infrastructure Strategy, in accordance with Part 3 Division 5;

to provide advice to the Premier on —

infrastructure priorities;

funding and financing of infrastructure;

any other matter relating to infrastructure;

to review and report to the Premier on completed infrastructure projects;

to promote public awareness of matters relating to infrastructure;

to perform the other functions conferred on Infrastructure WA under this Act;

to perform, at the request of the Premier, any other function relating to infrastructure.

When performing its functions, Infrastructure WA must consider the following —

current relevant Government strategies, plans, policies, priorities and forecasts, including —

population, economic, financial and environmental forecasts;

land use plans;

strategies, plans and policies relating to the various infrastructure sectors;

any other social, economic or environmental policies;

the economic, social and environmental value of infrastructure;

the infrastructure needs of the non-metropolitan regions;

the needs of a broad range of users of infrastructure;

the complete lifecycle of infrastructure;

how existing infrastructure can be used more efficiently and effectively;

technological advances and trends;

social and demographic trends;

the financial implications for the Crown (if any) of its advice and recommendations;

any other relevant matter.

When performing its functions Infrastructure WA is, where relevant, appropriate and practicable, to consult with interested persons, including (without limitation) the Regional Development Commissions, established under the Regional Development Commissions Act 1993, and other persons with knowledge of or an interest in the infrastructure needs of the non-metropolitan regions.

Infrastructure WA may, with the approval of the Premier, make advice or a report prepared in the performance of a function under this Act publicly available.

This section does not apply to a report or other thing that must or may be made publicly available under another provision of this Act.

Infrastructure WA must, in consultation with the Premier, prepare an annual work programme.

Each programme must be submitted to the Premier before the beginning of the financial year to which it relates.

Each programme must cover the key activities that Infrastructure WA proposes to undertake in the year to which it relates.

Infrastructure WA must inform the Premier, in writing, of any key activity that it proposes to undertake in a year that is not covered by the work programme for the year.

Infrastructure WA must make its annual work programme publicly available.

Infrastructure WA may remove from an annual work programme any information that it considers to be confidential or otherwise not suitable to be made publicly available, prior to making the programme publicly available.

Infrastructure WA has all the powers it needs to perform its functions.

Without limiting subsection (1), Infrastructure WA may, for the purpose of performing any of its functions, but subject to any limitation imposed by this Act —

enter into a contract or other arrangement, including a contract or arrangement for the provision of services to Infrastructure WA;

develop and turn to account any technology, software or other intellectual property that relates to its functions and, for that purpose, apply for, hold, exploit and dispose of any intellectual property;

acquire, dispose of and otherwise deal with real or personal property.

Infrastructure WA may delegate to a Board member, staff member or government employee any power or duty of Infrastructure WA under another provision of this Act.

The delegation must be in writing executed by Infrastructure WA.

A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

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

Nothing in this section limits Infrastructure WA’s ability to perform a function through an officer or agent.

This section does not apply to the execution of documents.