Acts Amendment (Environmental Legislation) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(ENVIRONMENTAL

LEGISLATION).

No. 41 of 1985.

AN ACT to amend the Clean Air Act 1964, the

Mines Regulation Act 1946 and the Noise

Abatement Act 1972 and for related purposes.

[Assented to 13 May 1985.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

(Environmental Legislation) Act 1985.

No. 41.] Acts Amendment (Environmental [1985.

Legislation).

Commence-

This Act shall come into operation on a day to be fixed by proclamation.

ment.

PART II—CLEAN AIR ACT 1964.

Principal

In this Part the Clean Air Act 1964 is referred to as the principal Act.

Act.

Section 3	4.	Section 3 of the principal Act is repealed.
repealed.
Section 6

amended.

5. Section 6 of the principal Act is amended in subsection (1)-

(a)	by deleting the definition of "Executive Director";
(b)	by inserting after the definition of "occupier" the following definition

C r

"Permanent Head" means the person

who is Permanent Head of the

department

through

which

this

Act

principally

administered; "; and

(c)	by deleting the definitions of "the Committee" and "the Council" and substituting the following definition-

" "the Committee" means the Air Pollution Advisory Committee established under this Act; ".

Heading

amended.

6. The heading to Part II of the principal Act

is deleted and the following heading is

substituted-

" PART II—ADMINISTRATION. ".

1985.] Acts Amendment (Environmental [No. 41.

Legislation).

Sect io ns7

7. Sections 7 and 8 of the principal Act are and 8

repealed and

repealed and the following section is substituted— section 7

substituted.

t i

Air

7. (1) For the purposes of discharging its Pollution

Advisory

functions under this Act and giving advice Committee.

and assistance in connection with the

discharge by the Minister of his functions

under this Act there shall be established a

committee to be called the Air Pollution

Advisory Committee.

(2) The Committee

(a)	shall consist of a Chairman and 6 other members; and
(b)	may, with the prior approval of the Minister, co-opt a person or persons who is or are conversant with any particular matter upon which the Committee is required to advise.

(3) The 7 members of the Committee shall be appointed by the Minister and shall include

(a)	a person employed in the department through which this Act is principally administered, who shall be Chairman of the Committee;
(b)	a person employed in the department known as the Department of Health nominated in writing by the Minister administering that department;
(c)	a person nominated in writing by the body known as The Confederation of Western Australian Industry (Incorporated);
(d)	a person nominated in writing by the body known as the Trades and Labor Council of Western Australia;

No. 41.] Ads Amendment (Environmental [1985.

Legislation).

(e)	a person nominated in writing by the body known as The Conservation Council of Western Australia (Incorporated);
(f)	a person nominated in writing by the body known as the Local Government Association of Western Australia;
(g)	a person nominated in writing by the body known as The Chamber of Mines of Western Australia (Incorporated).

(4) If a Minister or a body referred to in subsection (3) authorized to nominate a person for appointment to the Committee fails to do so within 30 days after the receipt by him or it respectively of a written request from the Minister to do so, the Minister may appoint as member a person having a like qualification to the person who should have been nominated by the Minister or body in default, and the person so appointed shall be taken to have been duly nominated.

(5) Each member of the Committee shall, subject to this Act, hold office for 3 years and is eligible for reappointment.

The Committee shall meet as often as is necessary for carrying out its functions under this Act at such times and places as it thinks fit and shall meet when and as often as it is requested to meet by the Minister.

(6)

The Committee shall conduct its

business in such manner as it may from

time to time determine. ".

(7)

Election 9

repealed.

8. Section 9 of the principal Act is repealed.

1985.] Acts Amendment (Environmental [No. 41.

Legislation).

9. Section 12 of the principal Act is amended— =

(a)	in subsection (1) by deleting "The Governor may, in respect of each member of the Council other than the Chairman of the Council, appoint a person or officer as the case requires" and substituting the following-

" The Minister may, in respect of each member of the Committee, appoint a person "; and

(b)	by repealing subsections (2) and (4).

10. Sections 13, 14 and 15 of the principal Act Tand ?? are amended by deleting "Governor" in each place amended. where it occurs and substituting the following-

" Minister ".

11. Section 16 of the principal Act is repealed. =11.6

12. Section 17 of the principal Act is amended— 2,eglatcr.

(a) in subsection (1)-

(i) by deleting "The functions of the Council are" and substituting the following

" It is the function of the

Minister "; and

(ii) by deleting paragraphs (e), (f) and (g); and

(b)	in subsection (2), by deleting "its" and substituting the following-

" his ".

No. 41.] Acts Amendment (Environmental [1985.

Legislation).

Section 17A

substituted.

13. Section 17A of the principal Act is repealed and the following section is substituted-

Delegation.

17A. The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Permanent Head or a person employed in the department for which the Permanent Head is responsible any of his functions under this Act other than this power of delegation. ".

Section 18

amended.

14. Section 18 of the principal Act is amended in subsection (1)-

(a)	by deleting "Council" in the first place where it occurs and substituting the following-

" Committee "; and

(b)	by deleting "Council" in the second place where it occurs and substituting the following-

" Committee and the Minister ".

Section 19

amended.

15. (1) Section 19 of the principal Act is amended by deleting "Council" in each place where it occurs and substituting the following-

" Committee ".

(2) A person is not liable for anything done or omitted to be done before the coming into operation of this section to any greater extent than he would have been if this Act had not been passed.

Section 20

repealed.

16. Section 20 of the principal Act is repealed.

1985.] Acts Amendment (Environmental [No. 41.

Legislation).

17. Section 21 of the principal Act is amended in =3,2

subsection (1) by deleting paragraph (a).

18. Section 24 of the principal Act is amended— ?fgodizX

(a)	in subsection (3) by deleting "Executive Director" and substituting the following—.

" Minister "; and

(b)	in subsection (4) by deleting "it" in the second place where it occurs in paragraph (b) (i) and substituting the following-

" the Minister ".

19. Section 26 of the principal Act is amended in g=due,16.

subsection (2) by deleting "the Minister or".

20. Section 30 of the principal Act is amended =mg

in subsection (3) by deleting "Executive Director" in both places where it occurs and substituting the following-

" Minister ".

21. Section 33 of the principal Act is amended amene2

in subsection (2) (b) by deleting "it may by notice in writing signed by the Chairman thereof," and substituting the following-

" he may by notice in writing ".

22. Section 35 of the principal Act is amended gggodnects

in subsections (1) and (2) by deleting "signed by

the Chairman thereof" in each case.

23. Section 39 of the principal Act is amended =dne,7?

in subsections (1) and (2) by deleting "signed by

the Chairman thereof," in each case.

No. 41.] Acts Amendment (Environmental [1985.

Legislation).

Section 39B

amended.

24. Section 39B of the principal Act is amended by repealing subsection (2) and substituting the following subsection

'C (2) An application for the issue of a permit

under this section shall be made to the Permanent Head, in the form approved by the Minister, and be accompanied by a fee of $50. ".

Section 41

amended.

25. Section 41 of the principal Act is amended

by deleting "signed by the Chairman thereof and".

Section 43

amended.

26. Section 43 of the principal Act is amended by deleting "Council" in the first place where it occurs and substituting the following-

" Minister ".

Section 44

amended.	27. Section 44 of the principal Act is amended by deleting "the Council or".
Section 45

amended.

28. Section 45 of the principal Act is amended

(a) in subsection (1)-

(i) by deleting "to the Minister or"; and

(ii) by deleting ", but the commence- ment of an appeal to one extinguishes any right of appeal to the other"; and

(b) by repealing subsection (2a).

Section 46

amended.

29. Section 46 of the principal Act is amended

by deleting "Council or".

Section 47

amended.

30. Section 47 of the principal Act is amended

by deleting "Council or the".

1985.] Acts Amendment (Environmental [No. 41.

Legislation).

Section 49

31. Section 49 of the principal Act is amended

amended.

(a)	in subsection (1), by deleting "Chairman thereof" in paragraph (a) and substituting the following

ft Minister "; and

(b)	in subsection (2) (b), by deleting "Chairman of the".

Section 50

32. Section 50 of the principal Act is amended

by deleting "Executive Director" and substituting

the following-

amended.

" Minister ".

Stion 5

33. Section 53 of the principal Act is amended am

ecended.3

in subsection (1)-

(a) by deleting paragraph (b);

(b)	by deleting the semicolon at the end of paragraph (i) and substituting a full stop;

and

"Council"

34. The principal Act is amended in each of the

amended to

"Committee"

provisions referred to in the schedule to this section	in various
by deleting "Council" in each place where it occurs	provisions.
and substituting the following-

" Committee ".

Schedule to s. 34.

Sections 10, 11, 13, 14 (1), 15, 18 (2), 24 (3), 30 (3),

34 (4), 40.

No. 41.] Acts Amendment (Environmental [1985.

Legislation).

"Council"

amended to	35. The principal Act is amended in each of the
"Minister"

in various

provisions referred to in the schedule to this section

provisions.

by deleting "Council" in each place where it occurs

and substituting the following-

" Minister ".

Schedule to s. 35.

Sections 17 (1) (h), 17 (la), 17 (2), 21, 22, 24 (2), 24 (4), 25, 26, 33, 34 (1), 34 (2), 34 (5), 35, 39,

39B (1), 39B (3), 41,	42 (1), 45 (1), 45 (2), 49, 52,
53 (1) (i), 53 (2) (f).

"Executive

Director"	36.	The principal Act is amended in each of the
amended to

"Permanent	provisions referred to in the schedule to this section
various
Head" in	by deleting "Executive Director" in each place where
provisions.	it occurs and substituting the following-

" Permanent Head ".

Schedule to s. 36.

Sections 24 (1), 24 (2), 27, 28, 34 (3), 34 (4), 53 (2) (f).

Transitional.

37.

(1) An application for a licence, or for the renewal or transfer thereof, or for approval under section 34 of the principal Act that was duly made under that Act as in force before the day of the coming into operation of this Act but was not dealt with before that day shall be dealt with under the principal Act as in force after that day as if the application had been made in accordance with that Act as then in force.

(2) Where an appeal has been made under section 45 of the principal Act as in force before the day of the coming into operation of this Act and has not been disposed of before that day, the appeal may be disposed of after that day by the Minister to whom the administration of the principal Act is for the time being allocated as if section 28 had not been passed.

1985.] Acts Amendment (Environmental [No. 41.

Legislation).

PART III—MINES REGULATION ACT 1946.

38. (1) Section 23C of the Mines Regulation Act =,Lacalep.0

1946 is amended in subsection (2) by deleting sub- paragraph (iii) of paragraph (c) and substituting the following subparagraph

'C (iii) one shall be a scientific officer having

duties under the Clean Air Act 1964, nominated by the Permanent Head of the department of the Public Service of the State through which that Act is principally administered; ".

(2) The person holding office under section 23C (2) (c) (iii) of the Mines Regulation Act 1946 immediately before the day of the coming into operation of this Act shall, after that day, be deemed to have been nominated and appointed in accord- ance with that Act as amended by subsection (1).

PART IV—NOISE ABATEMENT ACT 1972.

Principal

In this Part the Noise Abatement Act 1972 is referred to as the principal Act.

Act.

39.

40. Section 5 of the principal Act is amended in =',11,1

subsection (1)-

(a)	by deleting the definition of "Committee" and inserting after the definition of "abatement notice" the following definition-

" "Advisory Committee" means the Noise Abatement Advisory Com- mittee established in accordance with section 13; ";

(b)	by deleting the definition of "Executive Director"; and
(c)	by deleting the definition of "the Council".

No. 41.] Acts Amendment (Environmental [1985.

Legislation).

Sections 10

and 11

41.

Sections 10 and 11 of the principal Act are

repealed.	repealed.
Section 12

amended.

42.

Section 12 of the principal Act is amended

(a) in subsection (1)-

(i) by deleting "The functions of the Council are" and substituting the following-

Ct It is the function of the

Minister ";

(ii) by inserting after paragraph (e) the following-

" and ";

(iii) by deleting "; and" at the end of paragraph (ea) and substituting a full stop; and

(iv) by deleting paragraph (f); and

(b) in subsection (2)-

(i) by deleting "it" and substituting the following-

" him "; and

(ii) by deleting "its" and substituting the following-

" his ".

Section 12A

43. After section 12 of the principal Act the

inserted.

following section is inserted-

Delegation.

12A. The Minister may, either generally

or as otherwise provided by the instrument

of delegation, by writing signed by him,

1985.] Acts Amendment (Environmental [No. 41.

Legislation).

delegate to the Permanent Head of the Department or a person employed in the Department any of his functions under this Act other than this power of delegation. ".

44. (1) Section 13 of the principal Act is gg=1:23

amended

(a)	in subsection (1), by deleting "Council of its" and substituting the following-

" Minister of his ";

(b) by repealing subsection

(2)

and

substituting the following subsection-

t e

(2) The Advisory Committee shall consist of 8 members appointed by the Minister and shall include

(a)	a person employed in the Department, who shall be Chairman of the Committee;
(b)	a person who is employed in the department as defined in the Occupational Health, Safety and Welfare Act 1984 nominated in writing by the Minister administering that department;
(c)	a person nominated in writing by the body known as The Confederation of Western Australian Industry (Incor- porated);
(d)	a person nominated in writing by the body known as the Trades and Labor Council of Western Australia;

956 No. 41.] Ads Amendment (Environmental [1985.

Legislation).

(e)	a person nominated in writing by the body known as The Conservation Council of Western Australia (Incorpor- ated);
(f)	a person nominated in writing by the body known as the Local Government Association of Western Australia;
(g)	a person nominated in writing by the body known as The Chamber of Mines of Western Australia (Incorporated);
(h)	a person who is a member of the Police Force nominated in writing by the Minister administering the Police Act 1892. ";

(c)

by repealing subsection

(4)

and

substituting the following subsection

(t (4) If a Minister or a body referred

to in subsection (2) authorized to nominate a person for appointment to the Committee fails to do so within 30 days after the receipt by him or it respectively of a written request from the Minister to do so, the Minister may appoint as member a person having a like qualification to the person who should have been nominated by the Minister or body in default, and the person so appointed shall be taken to have been duly nominated. ";

(d)	in subsection (5), by deleting "Governor, on the recommendation of the Minister," and substituting the following

" Minister "; and

(e) in subsection (7), by deleting "appointed".

1985.] Acts Amendment (Environmental [No. 41.

Legislation).

(2) The persons who, immediately before the coming into operation of this section, held office as members of the Advisory Committee shall cease to hold office upon the coming into operation of this section but are eligible for reappointment.

45. Section 14 of the principal Act is amended ?g:liodneci.4

by deleting "recommend for appointment" and

substituting "appoint".

46. Section 17 of the principal Act is amended section 17

by deleting "Governor" and substituting the

following-

" Minister ".

Section 20

Section 20 of the principal Act is amended by deleting ", but so that in every case the chairman of the committee shall be appointed from amongst the ex officio members of the Advisory Committee" in paragraph (a).

amended.

47.

48. Section 23 of the principal Act is amended by =dne23

deleting paragraphs (d), (e) and (h).

Section 24 of the principal Act is amended

by deleting "Executive Director" and substituting

the following-

Section 24 amended.

49.

" Chairman of the Advisory Committee ".

Section 25

Section 25 of the principal Act is amended by deleting "Executive Director" in both places where it occurs and substituting in each case the following-

amended.

50.

" Advisory Committee ".

No. 41.] Acts Amendment (Environmental [1985.

Legislation).

Section 35

amended.	51. Section 35 of the principal Act is amended in subsections (1) and (3) by deleting "Council or" in each case.
Section 36
amended.	52. Section 36 of the principal Act is amended by deleting "Council or".
Section 40

amended.

53. Section 40 of the principal Act is amended

(a)	in subsection (1), by deleting "Council or";

and

(b) in subsection (5)—

(i) by deleting "Council" in the first place where it occurs in paragraph (a) and substituting the following-

" Advisory Committee ";

(ii) by deleting "the Council or" in paragraph (a); and

(iii) by deleting "Council" in the third place where it occurs in paragraph (a) and substituting the following-

" Minister ".

Section 45

amended.

54. Section 45 of the principal Act is amended

(a)	by inserting after subsection (1) the following subsection

if (la) By-laws made by a local

authority are subject to the approval

of the Governor. ";

1985.] Acts Amendment (Environmental [No. 41.

Legislation).

(b)	in subsection (5), by inserting after "district" the following

but is subject to the Interpretation Act 1984 as if it were the making of a by-law in the terms of the model by-law adopted or, where applicable, the model by-law as adopted with modifications and the publication of the resolution under this subsection were the publication of the by-law in accordance with that Act "; and

(c)	by repealing subsection (6) and substituting the following subsection

If (6) A by-law adopted under this

section has, when the resolution for its adoption has been published in accordance with subsection (5), the same legal effect as if it had been passed by the local authority, confirmed and approved as required by subsection (la), and published in the Gazette. ".

Section 47

Section 47 of the principal Act is amended

in subsection (1) by deleting "the secretary to the

Council" and substituting the following-

amended.

55.

" of the Minister ".

56. Section 48 of the principal Act is amended =$

in subsection (2) by deleting "to a member of the

Council for his services and" in paragraph (a).

"Executive

57. The principal Act is amended in each of the provisions referred to in the schedule to this section	Director" amended to
"Minister" in various
by deleting "Executive Director" in each place	provisions.
where it occurs and substituting the following-

" Minister ".

Schedule to s. 57.

Sections 8, 32, 33A (2), 33H, 38, 40 (1), 45 (1).

No. 41.] Acts Amendment (Environmental [1985.

Legislation).

"Council"

amended to	58. The principal Act is amended in each of the
"Minister"

in various

provisions referred to in the schedule to this

provisions.

section by deleting "Council" in each place where

it occurs and substituting the following-

" Minister ".

Schedule to s. 58.

Sections 12 (2), 22 (1), 48 (2) (i).