Industrial Lands Development Authority Act Amendment Act 1976 (WA)

WESTERN AUSTRALIA.

INDUSTRIAL LANDS

DEVELOPMENT AUTHORITY.

No. 127 of 1976.

AN ACT to amend the Industrial Lands Develop-

ment Authority Act, 1966-1972.

(Assented to 2nd December, 1976.]

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:—

1. (1) This Act may be cited as the Industrial	Short title
and

Lands Development Authority Act Amendment Act,	citation.
1976.
Reprinted

(2) In this Act the Industrial Lands Development	as
approved

Authority Act, 1966-1972 is referred to as the

for

reprint

principal Act.

22nd

July, 1974.

No. 127.] Industrial Lands [1976.

Development Authority.

(3) The principal Act as amended by this Act may be cited as the Industrial Lands Development Authority Act, 1966-1976.

Section 6

amended. 2. Section 6 of the principal Act is amended

(a) by deleting paragraph (c) of subsection (1) and substituting a paragraph as follows

(c) the person holding the office of Co-ordinator of the Department known as the Department of Industrial Development or such other person employed in that Department as the Minister from time to time nominates; ; and

(b) by adding after subsection (1) a subsection as follows

(la) The references in paragraph (c) of subsection (1) of this section to the Department of Industrial Development and to the office of Co-ordinator of that Department include references to that Department and that office as re-named from time to time under the Public Service Act, 1904. .

Section 8

amended. 3. Section 8 of the principal Act is amended

(a)	by deleting the words "develop and sell or develop and lease the land" in the penultimate and last lines of subsection (1) and substituting the passage "sell or lease, or develop and sell or develop and lease land for industrial purposes or, with the approval of the Governor, purposes other than industrial purposes" ;
(b)	by adding after subsection (la) subsections as follows-

(laa) The Development Authority may

purchase or otherwise acquire by agree-

ment with the owner of the land, any

1976.] Industrial Lands [No. 127.

Development Authority.

land situated inside the metropolitan region as defined in section two of the Town Planning and Development Act, 1928 if

(a)	that land is zoned for industrial purposes under the Town Planning and Development Act, 1928 or the Metropolitan Region Town Planning Scheme Act, 1959; or
(b)	the Minister approves of the purchase of that land by the Development Authority.

(lab) Nothing in subsection (laa) of this section affects the operation of subsection (1) of this section. ;

(c) by repealing subsection (lb) and re- enacting that subsection as follows

(lb) The Development Authority may

exercise in relation to

(a)	any land acquired, whether by agreement or compulsorily, under subsection (la) of this section; and
(b)	any land acquired under sub- section (laa) of this section,

any power conferred on it by this

section. ;

(d) as to subsection (4)-

(i)    by deleting the word "A" in line one and substituting the passage "Subject to subsection (4a) of this section a";

(ii)    by inserting before the word "that" in line three the words "of the Schedule"; and

(iii)    by inserting before the word "of" in line six the passage "or (laa)"; and

No. 127.] Industrial Lands [1976.

Development Authority.

(e) by adding after subsection (4) a subsection

as follows

(4a) Where a person has purchased or leased land from the Development Authority for purposes other than industrial purposes the provisions of subsection (4) of this section do not apply to that person or that land. .

Section 8A

added. 4. The principal Act is amended by adding after

section 8 a section as follows-

Validation. 8A. (1) Any acquisition of land made by the Development Authority before the coming into operation of the Industrial Lands Development Authority Act Amendment Act, 1976, and any sale, lease or development of, or other thing done in relation to, any land so acquired, shall be deemed to be, and to have always been, as valid and effectual as it would have been if

(a)	the amended provisions had been in force when that land was acquired, or that sale, lease, development or other thing was made, granted, undertaken or done, as the case may be; and
(b)	any consent or approval that would have been required, in relation thereto if the amended provisions had then been in force, had been given.

(2) In this section "the amended provisions"

means the provisions of section eight of this Act as amended by section three of the Industrial Lands Development Authority Act Amendment Act, 1976. .