1Short title
This is the Land Information Authority Act 2006.
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Bill homepageThis is the Land Information Authority Act 2006.
This Act, other than this Part, comes into operation on a day fixed by proclamation.
This Part comes into operation on the day after the day on which this Act receives the Royal Assent.
In this Act, unless the contrary intention appears —
appointed member means a member of the Authority’s board of management appointed under section 22(1)(b);
Authority means the Western Australian Land Information Authority established by section 5;
chief executive officer means the chief executive officer, under the Public Sector Management Act 1994, of the Authority;
goods and services provided by the Authority includes anything provided by the Authority;
land information includes information about, or related to, any point, line, surface, or space the location of which is fixed by reference to the earth, whether or not it is wholly on, under, or above the surface of the land or the sea;
member of the Authority’s staff means the chief executive officer, any other person employed by the Authority or its employing authority as defined in the Public Sector Management Act 1994 section 5, or a person whose services the Authority uses under section 46;
Treasurer means the Treasurer of the State.
If anything in this Act is inconsistent with a provision of another Act relating to a function that the other Act confers on —
the person who is the Commissioner of Titles under the Transfer of Land Act 1893 or the Registrar of Titles under that Act; or
the person who is the Valuer‑General under the Valuation of Land Act 1978,
the provision of the other Act prevails.
A body called the Western Australian Land Information Authority is established.
The Authority is a body corporate with perpetual succession.
Proceedings may be taken by or against the Authority in its corporate name.
The Authority is an agent of the State and, except as stated in section 72, has the status, immunities, and privileges of the State.
The Authority is to be an SES organisation under the Public Sector Management Act 1994.
It is intended that the Authority —
act as a body through which the State performs certain functions related to land information on a basis that does not involve making a profit; and
in addition to acting as described in paragraph (a), generate for the State a fair commercial return from providing goods and services on a basis that may involve making a profit.
The Authority’s main responsibilities include to provide, administer, and provide access to information in, land information systems as the laws of the State require.
The land information systems provided under subsection (1) may include other information as well as the information that the laws of the State require them to contain and will include notifications of interests of a type determined by the Minister in accordance with subsection (3) and prescribed by regulation.
The Minister will determine the types of interests in or notifications in respect of land that are issued or made by any public or private body, which must be notified to the Authority and be made publicly accessible on a basis which does not involve making a profit.
The Authority may also provide, administer, and provide access to information in, land information systems other than those that are required by the laws of the State.
The information that is in a land information system provided under subsection (1) or (4) may include information obtained from another person.
The Authority’s main responsibilities under this Act also include to provide staff, systems, and other resources and support, and to provide services and facilities, for the performance of functions that any other Act gives to a member of the Authority’s staff.
The Authority may also —
under arrangements that may be agreed between the Authority and any other person keeping land information, whether in the public sector or the private sector and whether to comply with a statutory requirement or otherwise, provide goods and services to that person; and
provide goods and services related to any of its other functions under this or any other Act or that it is able to provide because of expertise related to any of those functions.
The Authority’s other responsibilities under this Act are to, at the request of the Minister or as the Authority considers appropriate —
develop policy and advise the Minister or any public body on matters related to the Authority’s land information functions; and
represent the State as a participant in the proceedings and activities of any body, whether local, national, or international, that has land information functions.
In performing its functions under this Act, the Authority has to —
act in a cost effective manner; and
act on prudent commercial principles.
The Authority has to perform its functions under this Act in a way that supports the sustainable economic, social, and environmental management and development of the State.
In performing its functions under this Act, the Authority has to have regard to —
the maintenance of the integrity of the registers and other records that it or a member of its staff is required by law to keep about interests in land and the valuation of land; and
the importance of satisfying the land information needs of the State government; and
the requirements of participants in the land information industry within the State.
The Authority is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time under Part 5 Division 1.
The Authority has all the powers it needs to perform its functions under this Act or any other Act.
The Authority may, for the purpose of performing any of its functions under this Act or any other Act —
acquire, develop, dispose of, and otherwise deal with, property;
enter into any contract or arrangement, including a contract or arrangement with any person for the performance of the function by that person on behalf of the Authority;
act as an agent or provide consultancy, professional, or technical services or other assistance under a contract for services or other arrangement;
participate, with the Minister’s approval, in any business concern and, with the Treasurer’s approval, acquire, hold, and dispose of, shares, units, or other interests in, or relating to, a business concern;
carry out any investigation, survey, exploration, feasibility study, evaluation, or review;
collaborate in, carry out, or procure the carrying out of, research and publish information that results from the research;
produce and deal in any equipment, facilities, or system associated with the performance of the function;
use information that it derives from the performance of any function that this or any other Act gives the Authority or a member of its staff;
develop and turn to account any technology, software, or intellectual property that relates to the function and, for that purpose, apply for, hold, exploit, and dispose of any patent, patent rights, copyright, or similar rights;
promote the Authority and promote and market its goods and services.
Subsection (2) does not limit subsection (1) or any of the Authority’s other powers.
The Authority may —
make any gift for a charitable purpose or any other purpose of benefit to the community or a section of the community;
make any ex gratia payment that it considers to be in the Authority’s interest;
accept any gift or other payment if it is absolute, or subject to conditions that the Authority would be able to satisfy.
In this section —
acquire includes to take —
by way of a lease, licence, easement, or bailment; or
in any other manner in which an interest in property may be acquired;
business concern means a company, a partnership, a trust, a joint venture, or any other business arrangement;
dispose of includes dispose of —
by way of a lease, licence, easement, or bailment; or
in any other manner in which an interest in property may be disposed of;
participate in includes to form, promote, establish, enter into, manage, dissolve, wind up, and do things incidental to participating in, a business concern.
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