1Short title
This Act may be cited as the Western Australian Land Authority Act 1992.
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This Act was passed before the online parliamentary record we can search begins (1997). Any explanatory memorandum or second reading speech for its bill is in the printed parliamentary papers and Hansard.
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This Act may be cited as the Western Australian Land Authority Act 1992.
This section and sections 1 and 4 come into operation on the day on which this Act receives the Royal Assent.
The other provisions of this Act come into operation on such day as is fixed by proclamation but in any event shall come into operation not later than 12 months after the date of Royal Assent.
The objects of this Act are —
the provision and development of industrial, commercial, residential and other land in a range of localities to meet the social and economic needs of the State while taking account of environmental outcomes; and
the completion of the Joondalup Centre project; and
the identification and development, or urban renewal, of centres of population and the provision or improvement of land for those centres; and
to facilitate the development and disposal of surplus public land.
[Section 3 amended: No. 60 of 1998 s. 5; No. 67 of 2004 s. 5.]
In this Act, unless the contrary intention appears —
acquire includes take on lease;
Authority means the Western Australian Land Authority established by section 5(1);
Crown land has the meaning given by the Land Administration Act 1997;
develop, in relation to land, includes redevelop;
dispose of includes sell, exchange, lease, let, grant a licence and grant any easement or right of way;
function, except in sections 16(1) and 17(1), includes powers, duties and authorities;
GTE Act means the Government Trading Enterprises Act 2023;
industrial purposes means —
manufacturing, production, technology advancement, fabrication of materials, packaging, processing, transport, distribution, storage, display of manufactured goods, research, development and service purposes, and the purposes of any other activity of an industrial nature; and
commercial, recreational, retail, accommodation and other purposes ancillary to purposes referred to in paragraph (a) —
effected or to be effected in the same general vicinity as that in which purposes referred to in that paragraph are effected or to be effected; and
necessary or desirable for the wellbeing or convenience of businesses operating, and workforces employed, in the general vicinity referred to in subparagraph (i);
land includes —
land within the meaning of the Land Administration Act 1997; and
any legal or equitable estate or interest in land; and
buildings and other structures; and
infrastructure, facilities and services relating to land;
management, in relation to staff, includes recruitment, selection, appointment, transfer, secondment, performance management, redeployment, discipline and termination of employment;
public authority means a Minister of the Crown in right of the State, Government department, State trading concern, State instrumentality, State public utility and any other person or body, whether corporate or not, who or which, under the authority of any written law, administers or carries on for the benefit of the State a social service or public utility.
[(2) deleted]
[Section 4 amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 140(1) and 141; No. 60 of 1998 s. 6 and 27; No. 67 of 2004 s. 6; No. 77 of 2006 Sch. 1 cl. 182(1); No. 39 of 2010 s. 88(2); No. 13 of 2023 s. 278.]
The GTE Act is to be read with this Act as if they formed a single Act.
[Section 4A inserted: No. 13 of 2023 s. 279.]
A body called the Western Australian Land 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 may use and operate under one or more trading names approved by the Minister, being —
an abbreviation or adaptation of the name conferred by subsection (1); or
a name other than that name.
[Section 5 amended: No. 60 of 1998 s. 27; No. 67 of 2004 s. 7.]
The Authority is not an agent of the Crown and does not have the status, immunities and privileges of the Crown.
[Section 5A inserted: No. 67 of 2004 s. 8.]
The Authority is not, and is not to become, a public sector body under the Public Sector Management Act 1994.
Neither the chief executive officer nor any member of staff is to be included in the Senior Executive Service provided for by the Public Sector Management Act 1994.
[Section 5B inserted: No. 67 of 2004 s. 8.]
[6-8B. Deleted: No. 13 of 2023 s. 280.]
[9. Deleted: No. 67 of 2004 s. 11.]
The power to engage and manage the staff of the Authority is vested in the board.
The power conferred by subsection (1) —
includes powers to determine remuneration and other terms and conditions of service of staff, to remove, suspend and discipline staff and to terminate the employment of staff; and
does not preclude the delegation of any matter under section 23.
The remuneration of and other terms and conditions of employment of staff are not to be less favourable than is provided for in —
an applicable award, order or agreement under the Industrial Relations Act 1979; or
the Minimum Conditions of Employment Act 1993.
There are excluded from the operation of Part II Division 2B of the Industrial Relations Act 1979 —
any matters dealt with by an instrument issued under section 12 except —
rates of remuneration; and
leave; and
hours of duty; and
matters that are similar to matters prescribed for the purposes of section 99(1)(a)(iv) 1 of the Public Sector Management Act 1994;
and
matters concerning the management of the staff that are similar to matters prescribed for the purposes of section 99(1)(c) 1 of the Public Sector Management Act 1994.
A matter referred to in subsection (4) cannot be varied or affected by an employer‑employee agreement made under Part VID of the Industrial Relations Act 1979.
Nothing in this section other than subsection (5) affects the operation of Part VID of the Industrial Relations Act 1979.
[Section 11 inserted: No. 67 of 2004 s. 12(1).]
The board must, after consultation with the Public Sector Commissioner, prepare and issue an instrument setting out minimum standards of merit, equity and probity applicable to the management of the staff of the Authority.
In complying with subsection (1) the board is to have regard to the principles set out in section 8 of the Public Sector Management Act 1994.
An instrument issued under subsection (1) may be expressed to apply to the chief executive officer of the Authority as if the chief executive officer were a member of staff.
If an instrument issued under subsection (1) applies to the chief executive officer of the Authority, subsection (2) does not affect the operation of the GTE Act section 37(5).
The Public Sector Commissioner may at any time recommend to the board any amendment that the Commissioner thinks should be made to an instrument issued under this section.
The board may —
amend an instrument issued under this section; or
revoke it and substitute a new instrument,
but, except where subsection (4) applies, is to do so only after consultation with the Public Sector Commissioner.
[Section 12 inserted: No. 67 of 2004 s. 12(1); amended: No. 39 of 2010 s. 88(3); No. 13 of 2023 s. 282.]
The Public Sector Commissioner may in writing direct the board —
to report to the Commissioner on the observance of the minimum standards in force under section 12; and
to make the reports at such times, but not more often than half‑yearly,
as the Commissioner may specify.
The board must comply with a direction given to it made under subsection (1).
The Public Sector Commissioner may at any time report to the Minister on the content or observance of the minimum standards in force under section 12.
[Section 13 inserted: No. 67 of 2004 s. 12(1); amended: No. 39 of 2010 s. 88(3).]
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