Metropolitan Region Town Planning Scheme Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

METROPOLITAN REGION

TOWN PLANNING SCHEME.

No. 103 of 1973.

AN ACT to amend the Metropolitan Region Town

Planning Scheme Act, 1959-1970.

[Assented to 28th December, 1973.]

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 Metropoli- gatigtlitn.

tan Region Town Planning Scheme Act Amendment

Act, 1973.

(2) In this Act the Metropolitan Region Town Reprinted as

Planning Scheme Act, 1959-1970 is referred to as Riefile% r2I6h	Febr uary,
the principal Act.	/973.
(3) The principal Act as amended by this Act may be cited as the Metropolitan Region Town Planning Scheme Act, 1959-1973.

No. 103.] Metropolitan Region Town [1973.

Planning Scheme.

Amendment

to s. 7. 2. Section 7 of the principal Act is amended

(Metropoli- tan Region Planning	(a)	by substituting for the word "Twelve", in
Authority.)
line one of subsection (3), the word "Thirteen";
(b)	by deleting the word "and" following paragraph (d) of subsection (4); and
(c)	by substituting for the passage "office." at the end of the section a passage as follows

office; and

a representative of the Environ-

(f) mental Protection Authority estab- lished under the Environmental Protection Act, 1971.

Amendment

to s. 28.	3. Section 28 of the principal Act is amended by
Minister to

(Approval of	substituting for the word "ten", in line three, the
certain
expenditure.)	word "twenty-five".
Addition of

s. 29A. 4. Part II of the principal Act is amended by

adding at the end thereof a section as follows-

Duty and	29A. (1) In this section
of persons
exercising

liability

functions	"function" means a function in connection
under this

Act. with the execution of this Act;

"meeting" means a meeting held in con-

nection with the execution of this Act;

"member" means a member of

(a) the Authority;

(b) a District Planning Committee;

(c) a public authority; or

(d) a local authority.

(2) A member shall at all times act honestly

in exercising any function.

1973.] Metropolitan Region Town [No. 103.

Planning Scheme.

(3) Where a matter is before a meeting for consideration and a member present at the meeting has a direct or indirect pecuniary interest in the matter, he shall as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest to the other members so present, and

(a)	the disclosure shall be recorded in the minutes of the meeting; and
(b)	the member shall not thereafter be present during any consideration or discussion of, and shall not vote on any determination of, the matter.

(4) A member shall not disclose any information acquired by virtue of the exercise of any function unless the disclosure is made

(a)	in connection with the execution of this Act or under any statutory duty; or
(b)	for the purposes of any proceedings arising out of this Act or any report of such proceedings.

(5) A member shall not make use of any information acquired by virtue of the exercise of any function to gain directly or indirectly an improper advantage to himself or to cause detriment to the Authority.

(6) A member who commits a breach of any of the provisions of this section is

(a)	liable to the Authority for any profit made by him or for any damage suffered by the Authority as a result of the breach of any of those provi- sions; and
(b)	guilty of an offence against this Act.

Penalty: One thousand dollars.

(7) This section is in addition to and not

in derogation of any other law relating to the

duty or liability of the holder of a public office.