Western Australian Water Resources Council Act 1982 (WA)
WESTERN AUSTRALIA.
WESTERN AUSTRALIAN WATER
RESOURCES COUNCIL ACT 1982.
(No. 38 of 1982.)
ARRANGEMENT.
PART I.—PRELIMINARY.
Section.
1. Short title.
2. Commencement.
3. Interpretation.
PART IL—WESTERN AUSTRALIAN WATER RESOURCES COUNCIL.
Division 1.—Establishment and Constitution of the Council.
4. Establishment of Council.
5. Terms and conditions of office of members of Council.
6. Deputies of members of Council.
7. Advisers to the Council.
8. Remuneration.
9. Meetings of the Council.
10. Acting members.
11. Immunity of members of the Council.
Division 2.—Staff.
12. Secretary.
13. Use of staff and facilities of Departments and instrumentalities.
Division 3.—Functions, Powers and Duties of the Council.
14. Functions.
15. Directions by the Minister.
16. Annual report of the Council.
Division 4.—Financial Provisions.
17. Funds.
18. Accounts to be audited.
WESTERN AUSTRALIA.
WESTERN AUSTRALIAN
WATER RESOURCES
COUNCIL.
No. 38 of 1982.
AN ACT to make provision for the establishment of a Western Australian Water Resources Council, to provide for the assessment, conservation and development of the water resources of the State and for incidental and other purposes.
[Assented to 27 May 1982.]
RE it enacted by the Queen's Most Excellent Majesty, 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 Western Short title.
Australian Water Resources Council Act 1982.
| No. 38.] | Western Australian Water | [1982. |
Resources Council.
Commence-
(1) This Act shall come into operation on a date to be fixed by proclamation.
| ment. | 2. |
(2) Subject to subsection (1), this Act shall expire 5 years from the date fixed by proclamation pursuant to that subsection.
Interpreta-
| tion. | 3. | In this Act, unless the context otherwise |
requires
"Chairman" means the person appointed under section 4 to be the chairman of the Council;
"Council" means the Western Australian Water Resources Council established under section 4 of this Act;
"Department" means a Department of the Public Service of the State;
"member" means a member of the Council and includes a deputy member;
"subsection" means a subsection of the section in which the term is used;
"water services" includes irrigation or other water supply, sewerage and drainage.
PART II—WESTERN AUSTRALIAN WATER
RESOURCES COUNCIL.
Division 1—Establishment and Constitution of the
Council.
Establish-
| ment of | 4. (1) There is hereby established, for the |
| Council. |
purposes of this Act, a Council to be called the
"Western Australian Water Resources Council".
(2) The Council shall consist of 15 members appointed by the Governor, being
(a) 9 appointed members; and
(b) 6 ex officio members.
(3) The appointed members shall be
| (a) | a person appointed on the recommenda- tion of the Minister to be a member and Chairman of the Council; |
| 1982.] | Western Australian Water | [No. 38. |
Resources Council.
(b) a person nominated by each of
(i) the body known as the Local Government Association of Western Australia (Incorporated);
(ii) the body known as the Country Shire Councils' Association of Western Australia;
(iii) the body known as the Perth Chamber of Commerce (Incor- porated);
(iv) the body known as The Confedera- tion of Western Australian Industry (Incorporated); and
(v) the body known as The Chamber of Mines of Western Australia (Incor- porated); and
(c) 3 persons representative of rural interests
of whom-
(i) one is a person who appears to the Minister to be experienced and active in farming in the wheatbelt area of the State;
(ii) one is a person who appears to the Minister to be experienced and active in irrigation farming; and
(iii) one is a person who appears to the Minister to be experienced and active in market gardening.
(4) The ex officio members shall be
| (a) | the person for the time being holding the office of Director of Engineering of the Public Works Department or a person nominated in writing by him; | ||
| (b) | the person for the time being holding the office of Managing Director of the Metro- politan Water Authority or a person | ||
| |||
|
Resources Council.
| (c) | each of the persons who are for the time being the Permanent Head of- |
(i) the Department of Forests;
(ii) the Department of Agriculture;
| (iii) | the Department of Conservation and Environment; and |
| (iv) | the Department of Resources Development, |
or a person nominated in writing by each of those
persons.
(5) A body eligible to nominate a person for membership of the Council shall, when required to do so by the Minister, nominate to the Minister in writing but without any indication as to preference as between the candidates, 3 persons competent and willing to act as members, and the Minister shall choose one of the candidates so nominated as his recommendation to the Governor for appointment.
(6) Where the Minister by notice in writing requires that a body, within a time specified in that notice, nominate persons pursuant to subsection (5) and that body fails to nominate 3 persons within the time specified, the Governor on the recommend- ation of the Minister may appoint a person as a member and the person so appointed shall be deemed for all purposes to have been appointed on the nomination of that body.
Terms and
| conditions | 5. (1) Subject to this section, an appointed |
| of office of |
| members of | member of the Council shall be appointed for such |
| Council. | term of office, not exceeding 3 years, as the Governor may determine and specifies in his instrument of appointment, and, upon the expira- tion of his term of office, shall be eligible for re-appointment. |
| (2) If a person appointed to be a member of the Council |
| (a) | is or becomes an undischarged bankrupt or person whose property is subject to an order or arrangement under the laws relating to bankruptcy; |
| 1982.] | Western Australian Water | [No. 38. |
Resources Council.
| (b) | becomes in the opinion of the Minister permanently incapable of performing the duties of his office, or is removed from office by the Governor on the grounds of neglect of duty, misbehaviour or incompetence; |
| (c) | is absent, except on leave duly granted by the Minister, from 3 consecutive meetings of the Council; or |
| (d) | resigns his office by writing under his hand addressed to the Minister, |
his office becomes vacant.
Deputies of
| 6. (1) The Governor may, in respect of the | membersof Council. |
appointed members of the Council, appoint a person representative of the same interests as that member to be the deputy of that member and may terminate such an appointment at any time.
(2) While taking the place of a member of the Council a deputy has all the duties, powers and entitlements of, and all the protection given to, a member under this Act.
7. The Council has power, subject to the approval thew
of the Minister and on such terms and conditions as the Minister may determine, to invite any body or person to act in an advisory capacity to the Council in relation to any or all aspects of the functions of the Council but that invitation shall not be construed as making any person so invited a member of the Council.
8. A member of the Council and the deputy of a irnaunera-
member of the Council, other than those members and deputies who are officers in the Public Service of the State or employed by a State instrumentality, shall be paid such remuneration and allowances as the Governor from time to time determines.
| No. 38.] | Western Australian Water | [1982. |
Resources Council.
Meetings of
| the Council. | 9. (1) The Council shall hold meetings at such times and places as it determines, but |
| (a) | the Minister may at any time convene a meeting of the Council; and |
| (b) | the Council shall hold not fewer than 4 meetings in any year. |
(2) At any meeting, a quorum of the Council shall be constituted by
| (a) | the Chairman, who shall preside; or |
| (b) | in the absence of the Chairman and also of any other member nominated in writing by the Minister to preside at that meeting, the member elected to preside at that meet- ing by the members present; and |
| (c) | not less than 7 other members. |
(3) At any meeting the Chairman and each other member present and eligible to vote may cast a deliberative vote on any question and the question shall be decided by the majority, but if the votes are equal the question shall be taken to have been decided in the negative.
(4) A record of the proceedings of every meeting of the Council shall be kept in such manner as the Minister may direct or approve, and shall be certified as correct by the member presiding at the first practicable succeeding meeting.
(5) Any person present at the meeting who has a pecuniary interest in any matter that is before a meeting of the Council for consideration shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest to those present at the meeting and such disclosure shall be recorded in the record of the proceedings of the meeting.
(6) No proceeding or act of a duly constituted Council (if there is a quorum) shall be invalidated or illegal in consequence only of there being any vacancy in the number of members of the Council at the time of such proceeding or act, or in consequence of there being some defect in the appointment or qualification of a person purporting to be a member.
| 1982.] | Western Australian Water | [No. 38. |
Resources Council.
(7) Subject to this Act and to any direction which may be given by the Minister, the proceedings at any meeting of the Council may be regulated in such manner as the Council may determine.
Acting
| 10. Where | members. |
| (a) | both a member of the Council and the deputy of that member are absent or tem- porarily incapable of fulfilling the duties of a member; or |
| (b) | the office of a member is vacant and is not taken by a deputy or filled in accordance with this Act, |
the Minister may appoint a person to act in the place of that member during that absence or incapacity, or until the vacancy is filled, as the case requires, and any person so appointed has, while taking the place of a member of the Council, all the duties, powers and entitlements of, and the protec- tion given to, a member under this Act.
| No liability shall attach to a member of the member Yor purported exercise, of his or its powers or functions, or in the discharge, or purported discharge, of his or its duties under this Act.Council for any act or omission by him, or by the | the Council. |
11.
Division 2—Staff.
12. (1) There may from time to time be SecretarY'
appointed under and subject to the Public Service Act 1978 an Executive Officer of the Council and such other officers as may be approved and required by the Council for the effective administration of this Act.
| No. 38.] | Western Australian Water | [1982. |
Resources Council.
(2) The office of Executive Officer of the Council or an office created pursuant to subsection (1) may be held in conjunction with any other office in the Public Service of the State.
Use of staff
| and | 13. The Council may, by arrangement with the conditions as may be mutually arranged with such Minister, make use, either full time or part time, of |
| facilities of | |
| Departments | Minister concerned and upon such terms and |
| and instru- | |
| mentalities. |
| (a) | the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in the State; or |
| (b) | any facilities of a Department of the Public Service of the State or of a State instru- mentality. |
Division 3—Functions, Powers and Duties of the Council.
| Functions. | 14. (1) The functions of the Council are- |
(a) to advise the Minister in relation to-
(i) the assessment, development, conser- vation, management and protection of the water resources of the State;
(ii) the formulation of policies in relation to water resources and water services;
(iii) the priority and relative urgency of the water resource programmes of the State with respect to the pursuit of funds from the Commonwealth or other sources for those programmes or water resources generally;
| (b) | to consider any matter affecting water resources or water services referred to it by the Minister and to advise the Minister thereon; |
(c) of its own motion, to make representations, to tender advice and make reports to the Minister on any matter or thing relating to
| 1982.1 | Western Australian Water | [No. 38. |
Resources Council.
the development, conservation, manage- ment or protection of the water resources of the State;
| (d) | to carry out such other advisory functions as the Minister may direct; |
| (e) | in collaboration with the appropriate Departments and instrumentalities of the State, to initiate, conduct or arrange studies, investigation and research relating to the water resources of the State generally, and the availability and use of such water resources, in particular; |
| (f) | to publish guidelines for the formulation of by-laws for the conservation, management and protection of water resources, and to encourage local authorities to pass by-laws in accordance with the guidelines; and |
| (g) | to promote measures to foster awareness and understanding of water resources and the conservation, management and use of water resources amongst- |
(i) the public generally; and
(ii) persons who have administrative and technical responsibilities, in particular.
(2) The Council, in carrying out its functions, shall have regard to any factors affecting or likely to affect
| (a) | the quality of any waters; |
| (b) | the equitable distribution or use of any waters; |
| (c) | the loss or wastage of any waters; |
| (d) | the preservation and conservation of any waters; |
| (e) | the health and welfare of the people; |
| (f) | the conservation of flora and fauna; and |
| (g) | the preservation of the amenity, nature, features and general character of a locality. |
| No. 38.] | Western Australian Water | [1982. |
Resources Council.
(3) The Council may, with the approval of the Minister, enter into arrangements with
| (a) | a Minister of the Crown of any State or territory of the Commonwealth, a Minister of State of the Commonwealth, a depart- ment or an instrumentality of the Commonwealth or any State or territory of the Commonwealth; |
| (b) | a university or other tertiary institution; or |
| (c) | any other body or person having relevantspecialised knowledge, experience, or facilities, |
with respect to the conduct of any investigation, study or research that may be necessary or desirable for the purposes of the functions of the Council.
(4) The Council shall have and may exercise such powers as are necessary or incidental to the perform- ance of its functions.
(5) The Council may set up committees of which a member is chairman to investigate and advise the Council on any aspect of its functions under this Act.
Directions
The Minister may give directions of a general or specific nature to the Council in relation to its functions under this Act, the manner in which the functions are to be carried out and the procedure to be followed at meetings of the Council.
| by the | 15. |
Minister.
Annual
(1) The Council shall as soon as is practic- able after 1 July in each year, prepare and furnish to the Minister a report on its operations and proceedings for the year ending on 30 June last preceding.
| report of | 16. |
the Council.
(2) The Minister shall cause the report, together with copies of the financial statements of the Council and the report of the Auditor General thereon, to be laid before each House of Parliament within 12 sitting days of their receipt by him.
| 1982.] | Western Australian Water | [No. 38. |
Resources Council.
Division 4—Financial Provisions.
17. (1) The funds available for the purpose of Funds'
enabling the Council to perform its functions under
this Act consist of
| (a) | moneys from time to time appropriated by Parliament for the purposes of this Act; |
| (b) | gifts, devises and bequests made available to, and accepted by the Minister for applica- tion towards the carrying out of the objects of this Act; and |
| (c) | any other moneys made available for the purposes of this Act. |
The funds referred to in subsection (1) shall be paid into, and be placed to the credit of, an account at the Treasury to be called the "Western Australian Water Resources Council Account".
(2)
All expenditure incurred by the Council for the purpose of giving effect to this Act shall be paid from the Western Australian Water Resources Council Account.
(3)
| accounts and records of the transactions and affairs audited. | 18. (1) The Council shall cause to be kept proper ,.oefooeunts |
of the Council under such heads as the Treasurer may from time to time approve and shall cause to be prepared in respect of each financial year ending on 30 June financial statements in such form as the Treasurer approves.
The Council shall submit the financial state- ments prepared pursuant to subsection (1) for audit, examination and report by the Auditor General.
(2)
The Auditor General has for the purposes of
this Act all the powers conferred on him by the
Audit Act 1904.
(3)
0
0
0