Kewdale Lands Development Act Amendment Act 1970 (WA)

No. 17.] Kewdale Lands Development. [1970.

KEWDALE LANDS

DEVELOPMENT.

No. 17 of 1970.

AN ACT to amend the Kewdale Lands Develop-

ment Act, 1966-1968.

[Assented to 29th April, 1970.]

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:—

Short title

and citation. 1. (1) This Act may be cited as the Kewdale

Lands Development Act Amendment Act, 1970.

(2)

In this Act the Kewdale Lands Development Act, 1966-1968, is referred to as the principal Act.

(3) The principal Act as amended by this Act may be cited as the Industrial Lands Development Authority Act, 1966-1970.

1970.] Kewdale Lands Development. [No. 17.

2.   This Act shall come into operation on a date goernee-

to be fixed by proclamation.

Am endment

3. The long title to the principal Act is of long title.

amended

(a)	by adding after the word "Cloverdale" in line five the words "and other"; and
(b)	by adding after the word "Industry" in line five the passage ", to establish the Industrial Lands Development Authority".

4. Section 4 of the principal Act is amended	Amendment
to s. 4.
(Interpre-

(a) by adding before the definition "Authority" tation.)

a definition as follows

"amending Act" means the Kewdale Lands Development Act Amendment Act, 1970; ;

(b) by substituting for the definition "Develop- ment Authority" a definition as follows

"Development Authority" means the Industrial Lands Development Authority established by section five; ; and

(c) by adding after the definition "section" a definition as follows

"the Fund" means the Industrial Lands Development Fund established under section six B; .

Amendment

5. Section 5 of the principal Act is amended by

to S. 5.

(Develop-

substituting for the word "Kewdale" in line one of	ment
subsection (1) the words "Industrial Lands".	Authority.)

6. Section 6 of the principal Act is amended— Amendment

(a) by adding after the word "office" being the a rgith"

last word in subsection (1) the passage Zttoge.it	y
"and a person employed in the Treasury

No. 17.] Kewdale Lands Development. [1970.

Department of the State appointed by the Treasurer for such period not exceeding three years as the Treasurer determines at the time the person is so appointed"; and

(b) by adding after the word "in" in line two of subsection (2) the passage "paragraph, (a), (b) or (c) of".

S. 6A added.

7. The principal Act is amended by adding after

section 6 a section as follows-

Preservation

and 6A.

(1) Notwithstanding the change of the increase of the number of its members effected by the amending Act, the body corporate initially constituted under this Act is preserved and continues in existence as a body corporate under and subject to the provisions of this Act, under the name Industrial Lands Development Authority but so that the corporate identity of the body corporate shall not be affected.

continued

existence of	name of the Development Authority and
corporate.
(2) A reference in a law of the State and in any instrument in force immediately before the coming into operation of the amending Act, to the Kewdale Development Authority shall be read and taken to refer to the Industrial Lands Development Authority.

body

S. 6B added. 8. The principal Act is amended by adding a

section as follows

Establish-

ment and	6B.	(1) A Fund is hereby established which
control of

the Fund.

shall be known as the Industrial Lands

Development Fund.

(2) The Fund shall be kept in the Treasury.

(3) The Fund shall consist of

(a) the proceeds of sales of land or any interest in land by the Development Authority;

1970.] Kewdale Lands Development. [No. 17.

(b)	the proceeds of rents derived from land leased by the Development Authority;
(c)	income derived from the investment of the Fund;
(d)	any moneys that may be appropriated by law for the purposes of this Act;
(e)	any moneys received by the Develop- ment Authority from any function carried out by it under the authority conferred on it by this Act including any moneys borrowed under such authority;
(f)	any money paid with the prior approval of the Governor, into the Fund by the Treasurer which in his opinion are necessary for the effectual exercise by the Development Authority of its functions under this Act.

(4) Subject to this Act, the Fund shall be vested in and placed under the control of the Development Authority and may be operated upon in such manner as the Treasurer approves.

9. The principal Act is amended by adding a S. BC added.

section as follows-

60. Moneys standing to the credit of the rif= Fund may, until required by the Development In the Fund. Authority for the purposes of this Act, be

temporarily invested by it as the Treasurer may

direct

(a)	in any securities in which moneys in the Public Account as defined in the Audit Act, 1904, may lawfully be invested;
(b)	on deposit in any bank,

and all interest derived from those securities or from the deposit shall be paid into the Fund.

No. 17.] Kewdale Lands Development. [1970.

S. 6D added.

10. The principal Act is amended by adding a section as follows-

Use of the

Fund. 6D. Moneys standing to the credit of the Fund shall be available for, and may be applied, by the Development Authority

(a)	to the payment of capital expenditure, costs and other expenses incurred by it in, and in connection with the acquisition of any property, whether the property is land or an estate or interest in land acquired under the authority of this Act;
(b)	to the payment of expenditure incurred by the Development Authority in and in connection with, and as incidental to the maintenance, protection and management of any such property and the exercise of any function exercisable by it under this Act. .

S. 6E added.	11. The principal Act is amended by adding a section as follows-
Audit of

Accounts.	6E. (1) All books and accounts relating to the Fund shall be kept in such manner as the Treasurer approves and shall be subject to audit by the Auditor General under the Audit Act, 1904.
(2) A copy of each audit report shall be made available to the Development Authority through the Minister. .
Amendment

to s. 8.	12. Section 8 of the principal Act is amended
(Function of
Development

Authority.)	(a) by substituting for the passage "and III" in line three of subsection (1) the passage "III, IV, V and VI";
(b) by adding after the word "sell" in line five of subsection (1) the words "or develop and lease" ; and

1970.] Kewdale Lands Development. [No. 17. by adding after subsection (1) subsections as follows-

(c)

( la) The Development Authority may purchase or otherwise acquire by agree- ment with the owner of the land, any land situated outside the Metropolitan region as defined in section two of the Town Planning and Development Act, 1928, or in default of such agreement the Develop- ment Authority may, with the prior consent of the Governor, compulsorily acquire such land under the provisions of the Public Works Act, 1902, as if the land were required for a public work within the meaning of that Act.

(lb) The Development Authority may exercise in relation to any land acquired, whether by agreement or compulsorily, under subsection (1a) of this section, any power conferred on it by this section. .

(d) by adding after subsection (3) subsections as follows

(4) A person who has purchased or =rani

leased from the Development Authority deal

any land referred to in Part IV, V or VI taueiggis

that has been acquired by the Develop- section.

ment Authority or any land that the

Development Authority has acquired

under subsection (la) of this section

shall not

(a)	sell, exchange, transfer, assign or encumber with any mortgage or other security or sublet or otherwise part with the posses- sion of such land or his lease thereof to any other person; or
(b)	use such land for any purpose other than for the purpose for which he obtained it from the Development Authority,

without the prior consent in writing of

the Minister.

Penalty: One thousand dollars.

No. 17.] Kewdale Lands Development. [1970.

(5) Where the Minister is of opinion that a person has to such a degree developed or used the land for the purpose for which it was obtained by him as to warrant the person being exempt from the provisions of subsection (4) of this section, the Minister may by writing under his hand, grant exemption to that person from those provisions and thereupon they cease to apply to the person and the land.

S. 12A added. 13. The principal Act is amended by adding a

section as follows-

Acquisition

by Develop-	12A. (1) The land mentioned in
ment
Authority of

lands in	(a) Part IV of the Schedule may, not-
Parts IV, V

and VI. withstanding the provisions of the Industrial Development (Kwinana Area) Act, 1952, be acquired by and transferred to the Development Authority, upon such terms and condi- tions as it and the Minister to whom the administration of that Act is for the time being committed by the Governor, agree upon, and of which the Treasurer approves;

(b)	Part V of the Schedule may, not- withstanding the provisions of the Industrial Development (Resumption of Land) Act, 1945, be acquired by and transferred to the Development Authority, upon such terms and condi- tions as it and the Minister as defined in that Act, agree upon, and of which the Treasurer approves;
(c)	Part VI of the Schedule may beacquired by and transferred to

the Development Authority from the Authority under subsection (4) of section thirty-seven A of the Metro- politan Region Town Planning Scheme Act, 1959. .

1970.] Kewdale Lands Development. [No. 17.

Amendment

14. The Schedule to the principal Act is to Schedule.

amended

(a) by adding a Part as follows

PART IV.

Any land vested in Her Majesty that

(a)	was acquired as being required for industry generally under the authority of section five of the Industrial Development (Kwinana Area) Act, 1952;
(b)	is referred to in the Second Schedule to that Act

and which has not already been disposed of under that Act or, if a lease or a licence has been granted to a person under that Act, in respect of the land, such land on the expiration or earlier determina- tion of the lease or licence. ;

(b) by adding a Part as follows

PART V.

Any land vested in Her Majesty and from time to time dedicated under section eleven of the Industrial Development (Resumption of Land) Act, 1945, and which has not already been disposed of under the Act, or if leased to a person under that Act, such land on the expiration or earlier determination of the lease. ; and

(c) by adding a part as follows

PART VI.

Any land from time to time acquired by the Authority under the provisions of section thirty- seven A of the Metropolitan Region Town Planning Scheme Act, 1959, in order that it may be used for industrial purposes and which has not already been disposed of under that Act, or if leased to a person under that Act, such land on the expiration or earlier determination of the lease. .