{"id":"royalties-for-regions-act-2009","name":"Royalties for Regions Act 2009","slug":"royalties-for-regions-act-2009","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110080,"registerId":"wa-royalties-for-regions-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Royalties for Regions Act 2009","content":"![Crest]()Western Australia\n\nRoyalties for Regions Act 2009\n\nWestern Australia\n\nRoyalties for Regions Act 2009\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Object 3\n\nPart 2 — Royalties for Regions Fund\n\n5. Subsidiary accounts of Fund 4\n\n6. Treasurer to make payments into Fund 4\n\n7. Money credited to Fund 5\n\n8. Limit on amount in Fund 5\n\n9. Application of Fund 5\n\n10. Annual report of Department to include information about Fund 6\n\nPart 3 — Western Australian Regional Development Trust\n\nDivision 1 — Establishment and functions\n\n11. Trust established 7\n\n12. Functions 7\n\nDivision 2 — Constitution and related matters\n\n13. Membership 7\n\n14. Chairperson and deputy chairperson 8\n\n15. Term of office 8\n\n16. Casual vacancies 8\n\n17. Deputy chairperson acting as chairperson 9\n\n18. Alternate members 9\n\n19. Leave of absence 10\n\n20. Remuneration and allowances 10\n\nDivision 3 — Meetings\n\n21. Holding meetings 10\n\n22. Presiding at meetings 10\n\n23. Holding meetings remotely 10\n\n24. Disclosure of interests 11\n\n25. Minutes 11\n\n26. Procedure at meetings 11\n\nDivision 4 — Other matters\n\n27. Provision of services and facilities to Trust 12\n\n28. Annual report of Trust 12\n\n29. Protection from liability for wrongdoing 13\n\n30. Confidentiality 13\n\nPart 4 — Miscellaneous\n\n31. Regulations 14\n\nPart 5 — Consequential amendment\n\n32. *Constitution Acts Amendment Act 1899* amended 15\n\nNotes\n\nCompilation table 16\n\nDefined terms\n\n  \n\nWestern Australia\n\nRoyalties for Regions Act 2009\n\nAn Act to —\n\n- provide for the operation of the Royalties for Regions Fund; and\n- establish the Western Australian Regional Development Trust,\n\n\nand for related purposes.\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Royalties for Regions Act 2009*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used\n\nIn this Act —\n\nCEO means the chief executive officer of the Department;\n\nchairperson means the chairperson of the Trust;\n\nDepartment means the department of the Public Service principally assisting in the administration of Part 3;\n\ndeputy chairperson means the deputy chairperson of the Trust;\n\nFund means the account called the Royalties for Regions Fund established as a Treasurer’s special purpose account under the *Financial Management Act 2006* section 10(a);\n\nmember means a member of the Trust;\n\nMinister means the Minister responsible for the administration of Part 3;\n\nregional development commission means a body established under the *Regional Development Commissions Act 1993* Part 2;\n\nregional Western Australia means the regions described in the *Regional Development Commissions Act 1993* Schedule 1;\n\nTrust means the Western Australian Regional Development Trust established by section 11.\n\n##### 4. Object\n\nThe object of this Act is to promote and facilitate economic, business and social development in regional Western Australia through the operation of the Fund.\n\n## Part 2 — Royalties for Regions Fund\n\n##### 5. Subsidiary accounts of Fund\n\n(1) The Fund is to consist of the following subsidiary accounts —\n\n(a) the Country Local Government Fund;\n\n(b) the Regional Community Services Fund;\n\n(c) the Regional Infrastructure and Headworks Fund;\n\n(d) any other account determined by the Treasurer, on the recommendation of the Minister, to be a subsidiary account.\n\n(2) The Treasurer, on the recommendation of the Minister, is to determine from time to time the way in which money standing to the credit of the Fund is to be allocated between the subsidiary accounts.\n\n##### 6. Treasurer to make payments into Fund\n\n(1) In this section —\n\nforecast royalty income, for a financial year, means the estimate of royalty income for the financial year set out in —\n\n(a) the part of the budget papers for the financial year, tabled in the Legislative Assembly, that is titled “General Government Operating Statement”; or\n\n(b) if the regulations prescribe another part of those budget papers — that other part.\n\n(2) In each financial year the Treasurer is to cause to be credited to the Fund an amount equal to 25% of the forecast royalty income for the financial year.\n\n(3) The Treasurer is not to cause an amount to be credited under subsection (2) to the extent that to do so would be contrary to section 8.\n\n(4) Amounts credited under subsection (2) are to be charged to the Consolidated Account.\n\n##### 7. Money credited to Fund\n\n(1) In addition to amounts credited under section 6(2), the Treasurer is to cause to be credited to the Fund —\n\n(a) income derived from the investment of money standing to the credit of the Fund; and\n\n(b) any other money lawfully made available to the Fund.\n\n(2) The Treasurer is not to cause money to be credited to the Fund under subsection (1) to the extent that to do so would be contrary to section 8.\n\n##### 8. Limit on amount in Fund\n\nThe Treasurer is to ensure that the amount of money standing to the credit of the Fund at any time does not exceed $1 billion.\n\n##### 9. Application of Fund\n\n(1) The Minister, with the Treasurer’s concurrence, may authorise the expenditure of money standing to the credit of the Fund for the following purposes —\n\n(a) to provide infrastructure and services in regional Western Australia;\n\n(b) to develop and broaden the economic base of regional Western Australia;\n\n(c) to maximise job creation and improve career opportunities in regional Western Australia.\n\n(2) There are to be charged to the Fund —\n\n(a) expenditure authorised under subsection (1); and\n\n(b) expenditure incurred in the administration of the Fund; and\n\n(c) expenditure incurred in the administration of the Trust, including any remuneration or allowances payable to its members; and\n\n(d) any other expenditure incurred in the administration of this Act.\n\n##### 10. Annual report of Department to include information about Fund\n\nWithout limiting the *Financial Management Act 2006* section 61, the annual report for a financial year prepared by the accountable authority of the Department under that section is to contain information about the operation of the Fund during the financial year.\n\n## Part 3 — Western Australian Regional Development Trust\n\n### Division 1 — Establishment and functions\n\n##### 11. Trust established\n\nA body called the Western Australian Regional Development Trust is established.\n\n##### 12. Functions\n\nThe functions of the Trust are —\n\n(a) to provide advice and make recommendations to the Minister for the purposes of sections 5(2) and 9(1); and\n\n(b) to provide advice and make recommendations to the Minister on any other matter relating to the operation of the Fund that is referred to it by the Minister.\n\n### Division 2 — Constitution and related matters\n\n##### 13. Membership\n\n(1) The Trust is to consist of —\n\n(a) the chairperson of a regional development commission; and\n\n(b) at least 3 but not more than 5 other people,\n\nappointed by the Minister.\n\n(2) In addition to the member appointed under subsection (1)(a) the Minister may appoint one other chairperson of a regional development commission as a member under subsection (1)(b).\n\n(3) The Minister may appoint the CEO as a member under subsection (1)(b).\n\n(4) The Minister is to ensure that the members of the Trust have, between them, the knowledge and experience needed to enable the Trust’s functions under this Act to be effectively performed.\n\n##### 14. Chairperson and deputy chairperson\n\nThe Minister is to designate one of the members to be the chairperson and another to be the deputy chairperson of the Trust.\n\n##### 15. Term of office\n\n(1) The term for which a person is appointed as a member is to be fixed in the instrument of appointment and, subject to subsection (2), is to be not longer than 3 years.\n\n(2) The term for which a chairperson of a regional development commission is appointed as a member is to be 12 months.\n\n(3) A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.\n\n(4) A person whose term of office expires continues in office until another appointment to the office comes into effect unless, under section 16, the person resigns or is removed from office.\n\n##### 16. Casual vacancies\n\n(1) A member may at any time resign from office by notice in writing delivered to the Minister.\n\n(2) The Minister may remove a person who is a member from office on the grounds of —\n\n(a) mental or physical incapacity to carry out the person’s duties in a satisfactory manner; or\n\n(b) the person being an insolvent under administration as that term is defined in the *Corporations Act 2001* (Commonwealth); or\n\n(c) absence, without leave, from 3 consecutive meetings of the Trust of which the person has had notice; or\n\n(d) neglect of duty; or\n\n(e) misconduct.\n\n(3) The office of a member becomes vacant if, before the term for which the person holding the office was appointed expires, the person dies, resigns or is removed from office.\n\n##### 17. Deputy chairperson acting as chairperson\n\n(1) If the chairperson is unable to act because of sickness, absence or other cause, or if there is no chairperson, the deputy chairperson is to act in the chairperson’s place.\n\n(2) An act or omission of the deputy chairperson acting in the chairperson’s place cannot be questioned on the ground that the occasion to act in the chairperson’s place had not arisen or had ceased.\n\n##### 18. Alternate members\n\n(1) If a member, other than the chairperson, is unable to act because of sickness, absence or other cause, the Minister may appoint another person as an alternate member to act temporarily in the member’s place.\n\n(2) If the deputy chairperson is acting in place of the chairperson at a meeting, the Minister may appoint another person as an alternate member to act temporarily as the deputy chairperson.\n\n(3) While acting in accordance with his or her appointment an alternate member is to be taken to be, and to have any entitlement of, a member.\n\n(4) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.\n\n##### 19. Leave of absence\n\n(1) The Minister may grant leave of absence to the chairperson on the terms and conditions the Minister thinks fit.\n\n(2) The chairperson may grant leave of absence to another member on the terms and conditions the chairperson thinks fit.\n\n##### 20. Remuneration and allowances\n\nMembers are entitled to any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.\n\n[Section 20 amended: No. 39 of 2010 s. 89.]\n\n### Division 3 — Meetings\n\n##### 21. Holding meetings\n\n(1) The first meeting of the Trust is to be convened by the chairperson.\n\n(2) Subsequent meetings are to be held at times and places determined by the Trust.\n\n##### 22. Presiding at meetings\n\n(1) The chairperson, if present, is to preside at a meeting of the Trust.\n\n(2) If neither the chairperson nor the deputy chairperson acting in the chairperson’s place is presiding under subsection (1), the members present at the meeting are to appoint one of their number to preside.\n\n##### 23. Holding meetings remotely\n\nThe presence of a person at a meeting of the Trust need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.\n\n##### 24. Disclosure of interests\n\n(1) A member who has a direct or indirect pecuniary interest in a matter that is before a meeting of the Trust must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest to the other members who are at that meeting.\n\nPenalty: a fine of $12 000.\n\n(2) If a member has, in the opinion of the person presiding at a meeting of the Trust, a direct or indirect pecuniary interest in a matter before that meeting, the person presiding may call on the member to disclose the nature of that interest and, in default of any such disclosure, may determine that that interest exists.\n\n(3) A disclosure by a member of an interest in a matter or a determination that a member is interested in a matter must be recorded in the minutes of the meeting concerned.\n\n(4) A member who has made a disclosure of an interest in a matter, or in respect of whom a determination has been made in relation to a matter, may take part in the consideration or discussion of the matter, but not in advising or making a recommendation to the Minister on the matter.\n\n(5) An interest need not be disclosed under this section if it is an interest common to a significant number of persons in the State.\n\n##### 25. Minutes\n\nThe Trust is to cause accurate minutes to be kept of the proceedings at its meetings.\n\n##### 26. Procedure at meetings\n\nExcept as otherwise stated in this Division, the Trust is to determine its own meeting procedures.\n\n### Division 4 — Other matters\n\n##### 27. Provision of services and facilities to Trust\n\n(1) The CEO is to ensure that the Trust is provided with such services and facilities as are reasonably necessary to enable it to perform its functions.\n\n(2) Without limiting subsection (1), the CEO may, by arrangement with the Trust, and on such terms as are agreed with the Trust, allow the Trust to —\n\n(a) make use, either full‑time or part‑time, of the services of any officer or employee of the Department; and\n\n(b) make use of any facilities of the Department.\n\n##### 28. Annual report of Trust\n\n(1) After the end of each financial year the Trust is to prepare and submit to the Minister a report that contains —\n\n(a) information about the activities of the Trust during the financial year; and\n\n(b) any other information required by the Minister.\n\n(2) The Minister is to cause a copy of the report to be laid before each House of Parliament within 90 days after the end of the financial year to which the report relates or any shorter period that is prescribed by the regulations for the purposes of this subsection.\n\n(3) If —\n\n(a) at the time a report is submitted to the Minister a House of Parliament is not sitting; and\n\n(b) the Minister is of the opinion that that House will not sit before the end of the period referred to in subsection (2),\n\nthe Minister is to transmit a copy of the report to the Clerk of that House and make the report available to the public.\n\n(4) A copy of a report transmitted to the Clerk of a House is to be regarded as having been laid before that House.\n\n(5) The laying of a copy of a report that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.\n\n##### 29. Protection from liability for wrongdoing\n\n(1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.\n\n(2) The State is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (1).\n\n(3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.\n\n(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.\n\n##### 30. Confidentiality\n\nA person who is or has been a member must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except —\n\n(a) for the purpose of performing a function under this Act; or\n\n(b) as required or allowed by this Act or another written law; or\n\n(c) with the written consent of the person to whom the information relates; or\n\n(d) in prescribed circumstances.\n\nPenalty: a fine of $12 000.\n\n## Part 4 — Miscellaneous\n\n##### 31. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n## Part 5 — Consequential amendment\n\n##### 32. *Constitution Acts Amendment Act 1899* amended\n\n(1) This section amends the *Constitution Acts Amendment Act 1899.*\n\n(2) In Schedule V Part 3 after the item for The Western Australian Post‑Secondary Education Commission insert:\n\nThe Western Australian Regional Development Trust established under the *Royalties for Regions Act 2009*.\n\nNotes\n\n1 This is a compilation of the *Royalties for Regions Act 2009* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Royalties for Regions Act 2009* | 41 of 2009 | 3 Dec 2009 | s. 1 and 2: 3 Dec 2009 (see s. 2(a));   s. 3, 4 and Pt. 2 and 4: 27 Mar 2010 (see s. 2(b) and *Gazette* 26 Mar 2010 p. 1133);   Pt. 3 and 5: 17 Jul 2010 (see s. 2(b) and *Gazette* 16 Jul 2010 p. 3357) |\n| *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCEO 3\n\nchairperson 3\n\nDepartment 3\n\ndeputy chairperson 3\n\nforecast royalty income 6(1)\n\nFund 3\n\nmember 3\n\nMinister 3\n\nregional development commission 3\n\nregional Western Australia 3\n\nTrust 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: creating a statutory Fund to support regional development financed by a share of royalty forecasts and establishing an advisory Trust. Amendments evident in the compiled text are administrative (for example, changes to how member remuneration is determined) and consequential (adding the Trust to a schedule in the Constitution Acts Amendment Act 1899). They do not materially broaden the Act’s substantive scope beyond funding regional projects, the advisory role of the Trust, and the governance/reporting framework set out in the original scheme (see s4, s5, s6, s9, s11–12)."},"complexity_factors":["Short statute: ~32 substantive sections (relatively compact structure)","Approximately 11 defined terms in the interpretation section (s3) used throughout the Act","Cross-references to at least 3 other Acts (Financial Management Act 2006; Regional Development Commissions Act 1993; Corporations Act 2001) that affect operation and meaning","Formulaic funding rule with conditional logic: 25% of forecast royalty income (s6) but subject to the $1 billion cap (s8) and Treasurer discretion not to credit amounts contrary to s8 (s6(3), s7(2))","Discretion given to executive officers: Minister/Treasurer determine allocations and approve expenditure (s5(2), s9(1)) which introduces conditional decision paths","Multiple subsidiary accounts and a power to create more (s5(1)(d)) — adds branching in allocation outcomes","Governance rules for the Trust with standard public‑body complexity (appointments, alternates, meetings, disclosure and confidentiality rules, reporting) (s13–30)","Two distinct reporting routes (Department annual report and Trust annual report) and tabling mechanics (s10, s28)","Specified penalties and liability protections creating legal/compliance consequences (s24, s29, s30)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a dedicated public account called the Royalties for Regions Fund (the Fund) to support projects in regional Western Australia (s3, s5).  \n- Requires the Treasurer to credit the Fund each financial year with 25% of the forecast royalty income published in the State budget (subject to a cap) (s6). Amounts credited are charged to the Consolidated Account (s6(4)).  \n- The Fund is split into subsidiary accounts (Country Local Government Fund; Regional Community Services Fund; Regional Infrastructure and Headworks Fund; and any other account the Treasurer determines on the Minister’s recommendation) and the Treasurer, on the Minister’s recommendation, allocates money between those accounts (s5).  \n- The Treasurer must ensure the Fund never holds more than $1 billion at any time; the Treasurer must not credit amounts that would breach that limit (s8; s6(3); s7(2)).  \n- The Minister, with the Treasurer’s concurrence, authorises expenditure from the Fund for specified regional purposes: infrastructure and services, broadening the regional economy, and job creation/career opportunities (s9).  \n- The Fund pays both program expenditure and the costs of administering the Fund and the Western Australian Regional Development Trust (the Trust) (s9(2)).  \n- The Trust is created to advise and make recommendations to the Minister about Fund allocations and other Fund matters referred by the Minister (s11–12). The Trust itself does not spend money; it advises the Minister who authorises expenditure (s12, s9).  \n- The Act sets out how the Trust is appointed and operates (membership, chair, terms, meetings, disclosure of pecuniary interests, minutes, confidentiality, reporting, and protection from liability for acts done in good faith) (s13–30).  \n- Reporting obligations: the Department’s annual report must include information about the Fund (s10), and the Trust must produce an annual report for tabling in Parliament (s28).  \n\nWho this affects\n\n- The Western Australian Government’s budget and the Consolidated Account: 25% of forecast royalty revenue is directed into this Fund (s6).  \n- Regional communities, local governments and businesses in regional Western Australia: they are potential recipients of Fund expenditure (s4, s9).  \n- The Minister and Treasurer: they jointly control the authorisation and allocation of Fund money (s5(2), s9(1)).  \n- The Western Australian Regional Development Trust members and the Department (administration, reporting, and advisory roles) (s11–12, s27).  \n- The broader public and other budget programs: money directed to the Fund is not available for other uses and therefore represents an opportunity cost to other state services and programs (s6(4)).\n\nWhy it matters (stated objective and practical effects)\n\n- The Act’s stated objective is to \"promote and facilitate economic, business and social development in regional Western Australia\" through operation of the Fund (s4).  \n- In practice the Act institutionalises a permanent, formula-based channel of public revenue (royalties) into regional projects, with a statutory advisory body (the Trust) and executive decision-making retained by the Minister and Treasurer (s6, s5, s12, s9).  \n\nTesting the stated purpose against costs, incentives and trade-offs\n\n- Who pays: the Fund is credited from the Consolidated Account (s6(4)) using an amount equal to 25% of forecast royalty income. That diverts budget capacity away from other priorities unless the overall revenue base rises to cover both.  \n- Who decides: allocation between subsidiary accounts is determined by the Treasurer on the Minister’s recommendation (s5(2)); expenditure requires Ministerial authorisation with Treasurer concurrence (s9(1)). The Trust only advises (s12). This concentrates final spending discretion with the executive.  \n- Incentives and behaviour: predictable flow (25% of forecast royalties) creates incentives for regional stakeholders to lobby for projects and for government to plan around a dedicated revenue stream. It can change procurement and investment patterns in regional areas (s6, s5).  \n- Opportunity costs and substitution effects: money routed to the Fund may substitute for other state spending or private/other public investment in regions. Whether it increases net public investment or simply re-tags existing spending depends on budget implementation choices.  \n- Budget volatility and forecasting risk: the 25% is based on forecast royalty income set out in the budget papers (s6(1)–(2)). If forecasts are wrong, the crediting mechanism and the $1 billion cap (s8) create implementation choices—either reduce credits, draw down other budget lines, or restrain Fund spending.  \n- Administrative and compliance burden: the Act creates reporting and governance obligations (Department and Trust reporting, conflict disclosures, confidentiality obligations with penalties, and meeting/appointment rules) (s10, s24, s28, s30).  \n- Bureaucratic discretion and capture risk: several provisions give discretion to the Minister and Treasurer (creating subsidiary accounts, allocations between them, approvals of expenditure), which creates risk of concentrated benefit flows to particular regions or projects unless counterbalanced by transparent processes and reporting (s5(2), s9(1)).  \n- Legal protections and limits: Trust members are protected from tort actions for acts done in good faith (s29), and there are specified penalties for failure to disclose interests or improper disclosure of confidential information (s24, s30).\n\nConcrete mechanics to watch (sections to refer to)\n\n- Funding formula and budget tie: s6 (25% of forecast royalties; charged to Consolidated Account).  \n- Subsidiary accounts and allocation discretion: s5(1)–(2).  \n- Cap on Fund balance: s8 ($1 billion).  \n- Authorisation of expenditure: s9 (Minister with Treasurer’s concurrence).  \n- Trust’s role: s11–12 (advice only).  \n- Reporting and accountability: s10 and s28.\n\nOverall operational effect in plain terms\n\nThe Act creates a ring‑fenced public fund that automatically receives a fixed share of forecast royalty receipts, places a statutory cap on the Fund’s balance, divides the Fund into named subsidiary accounts, and sets out an advisory Trust plus executive control by the Minister and Treasurer over how the money is spent. This institutional design channels a predictable share of royalty-derived public revenue into regional programs while leaving spending authority with elected officers and the Treasury."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the Royalties for Regions Fund and the advisory Trust. The only amendment noted (Public Sector Reform Act 2010 s. 89) updated the remuneration provision to reference the Public Sector Commissioner, which is a standard administrative housekeeping change rather than an expansion of scope."},"complexity_factors":["Short statute: only 32 sections across 5 Parts","Minimal cross-referencing: only references to Financial Management Act 2006, Regional Development Commissions Act 1993, Corporations Act 2001 (Cth), and Constitution Acts Amendment Act 1899","Straightforward mechanical formula: 25% of forecast royalty income (section 6) with simple $1 billion cap (section 8)","Standard governance provisions: conventional meeting rules, disclosure of interests, and appointment procedures typical of statutory bodies","Only 11 defined terms in section 3, most being standard administrative labels (CEO, chairperson, Department)","No nested exceptions or complex conditional logic — spending purposes are broad and non-technical (section 9)","Single amendment in Part 5: simple insertion into a schedule of another Act"],"plain_english_summary":"This Western Australian law sets up a special fund called the **Royalties for Regions Fund** that redirects 25% of the state's mining royalty income to support development in country areas.\n\n**What it does:**\n- **Creates a $1 billion capped fund** made up of four subsidiary accounts (Country Local Government Fund, Regional Community Services Fund, Regional Infrastructure and Headworks Fund, plus any others the Treasurer adds)\n- **Mandates annual payments**: Each year, the Treasurer must put 25% of forecast mining royalty income into this Fund, up to the $1 billion cap\n- **Establishes an advisory body**: The **Western Australian Regional Development Trust** — a committee of regional development experts who advise the Minister on how to spend the money\n\n**Who it affects:**\n- **Regional Western Australia**: The law defines this as the areas listed in the *Regional Development Commissions Act 1993* — essentially the non-metropolitan parts of the state\n- **Local governments and communities** in these regions who can access funding for infrastructure, services, and economic development projects\n- **Mining industry** indirectly, as the fund is fed by royalty revenues\n\n**Why it matters:**\nThis is a **legislated wealth distribution mechanism**. Unlike discretionary grants, this Act creates a legal obligation to set aside a significant portion of mining wealth (25% of forecast royalties) specifically for regional development. It ensures that areas producing mining wealth get guaranteed funding for infrastructure, job creation, and economic diversification — even when governments change. The $1 billion cap prevents the fund from growing too large, while the Trust provides independent expert advice on spending priorities.\n\n**Key checks and balances:**\n- The Minister needs the Treasurer's agreement to spend money (section 9)\n- The Fund can't exceed $1 billion (section 8)\n- Trust members must disclose conflicts of interest and can't vote on matters where they stand to profit (section 24)\n- Annual reporting requirements ensure transparency (sections 10 and 28)"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on publicly available information, the Act has broadly remained consistent with its original intent of channelling royalty revenue into regional WA development. However, a definitive assessment of scope changes cannot be made without access to the current legislative text and any amending Acts."},"complexity_factors":["Full legislative text was unavailable — analysis is based on general public knowledge of the Act, not its actual provisions","The Act itself is generally considered moderately straightforward in purpose, though fund administration rules and ministerial discretion provisions can add complexity","Interplay between State royalty collection mechanisms and regional spending frameworks may involve cross-references to other legislation","Complexity score is conservatively low given the inability to assess the actual text"],"plain_english_summary":"The Royalties for Regions Act 2009 (WA) creates a dedicated fund that sets aside a portion of the State’s mining and onshore petroleum royalty revenue for investment in regional Western Australia. It channels money into infrastructure, services and economic development outside Perth, affecting regional communities, local governments and businesses by legally ensuring a share of resource wealth is reinvested where it’s generated."}},"importantCases":[],"_links":{"self":"/api/acts/royalties-for-regions-act-2009","history":"/api/acts/royalties-for-regions-act-2009/history","analysis":"/api/acts/royalties-for-regions-act-2009/analysis","conflicts":"/api/acts/royalties-for-regions-act-2009/conflicts","importantCases":"/api/acts/royalties-for-regions-act-2009/important-cases","documents":"/api/acts/royalties-for-regions-act-2009/documents"}}