143. Statutory Corporations (Liability of Directors) Act 1996 amended
(1) This section amends the Statutory Corporations (Liability of Directors) Act 1996.
(2) In Schedule 1 delete the items for:
Armadale Redevelopment Authority
Subiaco Redevelopment Authority
(3) In Schedule 1 insert in alphabetical order:
Metropolitan Redevelopment Authority
a member of the board of management of the Authority
Metropolitan Redevelopment Authority Act 2011
144. Swan and Canning Rivers Management Act 2006 amended
(1) This section amends the Swan and Canning Rivers Management Act 2006.
(2) In section 3(1) delete the definition of redevelopment authority.
(3) In section 3(1) insert in alphabetical order:
Metropolitan Redevelopment Authority means the body established by the Metropolitan Redevelopment Authority Act 2011 section 4;
(4) In section 3(1):
(a) in the definition of development after paragraph (a) insert:
and
(b) in the definition of officer of the Trust after paragraph (a) insert:
or
(c) in the definition of owner after paragraph (b)(i) insert:
and
(d) in the definition of public authority after paragraph (a) insert:
or
(e) in the definition of strategic document after paragraph (a) insert:
or
(5) In section 22(1):
(a) delete “government, or a redevelopment authority, referred to in Schedule 7” and insert:
government referred to in Schedule 7 or the Metropolitan Redevelopment Authority,
(b) delete “or redevelopment authority.” and insert:
or the Metropolitan Redevelopment Authority.
(6) Delete section 22(3) and insert:
(3) A relevant matter for the Metropolitan Redevelopment Authority is one that relates to a development or proposed development that is in a redevelopment area as defined in the Metropolitan Redevelopment Authority Act 2011 section 3.
(7) In section 22(4) delete “a redevelopment authority” and insert:
the Metropolitan Redevelopment Authority
(8) In section 22(5) delete “a redevelopment authority” and insert:
the Metropolitan Redevelopment Authority
(9) In section 22(6) delete “redevelopment authority” (each occurrence) and insert:
(10) In section 26(1):
(a) delete “government, or a redevelopment authority, referred to in Schedule 7” and insert:
government referred to in Schedule 7 or the Metropolitan Redevelopment Authority,
(b) delete “or redevelopment authority.” and insert:
or the Metropolitan Redevelopment Authority.
(11) Delete section 26(2) and insert:
(2) If a proposal is referred to it, the Metropolitan Redevelopment Authority or a local government may make submissions to the Trust on the proposal.
(12) In section 26(4) delete “redevelopment authority” and insert:
(13) In section 72(1) delete “subsection (2) or (3).” and insert:
subsection (2).
(14) Delete section 72(2) and (3) and insert:
(2) If —
(a) a development is proposed to be carried out on land that is within a redevelopment area as defined in the Metropolitan Redevelopment Authority Act 2011 section 3; and
(b) a redevelopment scheme that is in operation under that Act applies to the land,
an application for development approval must be made to the Metropolitan Redevelopment Authority.
(15) In section 72(4) delete “subsection (1), (2) or (3),” and insert:
subsection (1) or (2),
(16) In section 72(6) delete “subsection (1), (2) or (3)” and insert:
subsection (1) or (2)
(17) In Schedule 5 item 1:
(a) delete paragraphs (a) and (d);
(b) delete paragraph (q) insert:
(q) the Metropolitan Redevelopment Authority Act 2011;
(c) delete paragraph (aa).
(18) Delete Schedule 5 items 2, 5, 10 and 13.
(19) In Schedule 7:
(a) in the heading delete “and redevelopment authorities”;
(b) delete the heading “Local governments”;
(c) delete the heading “Redevelopment authorities”;
(d) delete the items for:
Division 3 — Validations
145. Effect of redevelopment schemes and validity of things done under them
commencement day means the day on which this section comes into operation;
redevelopment Act means any of the following Acts —
(d) the Subiaco Redevelopment Act 1994;
redevelopment scheme means a redevelopment scheme, as amended from time to time, approved under a redevelopment Act.
(2) Any redevelopment scheme is taken to have had legislative effect from and including the day it came into operation.
(3) Any act done or omission made pursuant to a redevelopment scheme before the day on which this section comes into operation has, and is taken to always have had, the same validity as it would have had if subsection (2) had been in operation at the time of the act or omission.
Part 11 — Transitional provisions
146. Terms used
In this Part —
abolished authority, in relation to a redevelopment Act, means the redevelopment authority that is abolished when the redevelopment Act is repealed under section 134;
assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents;
liabilities means liabilities, debts and obligations (whether present or future and whether vested or contingent);
redevelopment Act means any of the following Acts —
(d) the Subiaco Redevelopment Act 1994;
redevelopment authority means a redevelopment authority established under a redevelopment Act.
147. Interpretation Act 1984 not affected
Except where the contrary intention appears, this Part does not prejudice or affect the application of the Interpretation Act 1984 Part V.
148. Assets, rights and liabilities
(1) On the day on which a redevelopment Act is repealed —
(a) all assets and rights of the abolished authority immediately before that day become assets and rights of the Authority by force of this section; and
(b) all liabilities of the abolished authority immediately before that day become, by force of this section, liabilities of the Authority.
(2) Any account maintained under a redevelopment Act must, after the redevelopment Act is repealed, be closed by the chief executive officer and the moneys in the account credited to the Metropolitan Redevelopment Authority Account.
(3) On and after the day on which a redevelopment Act is repealed, any proceedings that immediately before that day might have been brought or continued by the abolished authority may be brought or continued by the Authority.
(4) On and after the day on which a redevelopment Act is repealed, any remedy that immediately before that day is available against or to the abolished authority is available against or to the Authority.
149. Agreements and instruments generally
(1) Any agreement or instrument subsisting immediately before the day on which a redevelopment Act is repealed —
(a) to which the abolished authority is a party; or
(b) which contains a reference to the abolished authority,
has effect on and after that day as if —
(c) the Authority were substituted for the abolished authority as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the abolished authority were (unless the context otherwise requires) amended to be or include a reference to the Authority.
(2) Subsection (1) does not apply to a contract to which section 152 applies.
150. References in written laws to abolished authorities
(1) A reference however expressed in a written law to an abolished authority may be read as including a reference to the Authority unless in the context it would be inappropriate to do so.
(2) Subsection (1) does not apply to anything for which this Act has made other provision.
151. Employed staff
Armadale Redevelopment Authority means the body established under the Armadale Redevelopment Act 2001 section 6(1);
existing employee means a person referred to in subsection (3);
Midland Redevelopment Authority means the body established under the Midland Redevelopment Act 1999 section 6(1).
(2) If, immediately before the coming into operation of this subsection —
(a) a person was employed under a contract of service with a redevelopment authority or other statutory authority to perform duties relating exclusively to the provision of services for a redevelopment authority; and
(b) under its terms, the contract expires on a day that is on or after 31 December 2011 and on or before 30 June 2012,
unless earlier lawfully terminated by either party to the contract, the contract is to be taken to expire 6 months after the coming into operation of section 134*.*
(3) On the coming into operation of section 134 —
(a) any person who immediately before the coming into operation of that section was employed under a contract of service with a statutory authority to perform duties relating exclusively to the provision of services to the Armadale Redevelopment Authority becomes a staff member of the Authority and is to be taken to have been employed under the contract of service under section 110(2); and
(b) any person who immediately before the coming into operation of that section was an officer appointed under the East Perth Redevelopment Act 1991 section 15 becomes a staff member of the Authority and is to be taken to have been employed under a contract of service under section 110(2); and
(c) any person who immediately before the coming into operation of that section was a public service officer under the Public Sector Management Act 1994 seconded to perform services for the Midland Redevelopment Authority becomes a staff member of the Authority and is to be taken to have been appointed for the purposes of section 110(1).
(4) Except as otherwise agreed by an existing employee, the operation of subsection (3) does not —
(a) affect the employee’s pay, within the meaning of that term in the Public Sector Management (Redeployment and Redundancy) Regulations 1994 regulation 3(1); or
(b) affect the employee’s other conditions of service; or
(c) affect the employee’s existing or accruing rights in respect of annual leave, long service leave, sick leave or any other leave, which are enforceable against the State; or
(d) affect any rights under a superannuation scheme; or
(e) interrupt the continuity of the employee’s service.
152. People engaged under contracts for services
(1) This section applies if —
(a) a person is engaged by a redevelopment authority or its employing authority under a contract for services, whether under a redevelopment Act or the Public Sector Management Act 1994 section 100; and
(b) the contract is in force immediately before the redevelopment Act is repealed; and
(c) the contract, under its terms, does not terminate on the repeal.
(2) On the repeal —
(a) the person is taken to be engaged by the Authority under the contract for services; and
(b) the contract is to be read as if the Authority were substituted for the abolished authority.
153. Transfer of land in abolished redevelopment area to redevelopment area under this Act
(1) If, immediately before the repeal of a redevelopment Act —
(a) there remains any land in a redevelopment area established under the redevelopment Act; and
(b) a redevelopment scheme in operation under the redevelopment Act applies to the land,
on the repeal the remaining land may be declared to be or to be part of, or added to, a redevelopment area by regulations made under section 30.
(2) Section 29(2) does not apply in relation to regulations made for the purposes of subsection (1).
154. Redevelopment scheme continues for land in abolished redevelopment area that is transferred to redevelopment area under this Act
(1) This section applies if, on the repeal of a redevelopment Act, land is declared to be or to be part of, or is added to, a redevelopment area by regulations made for the purposes of section 153(1).
(2) On the repeal —
(a) the redevelopment scheme that was in operation under the repealed Act has effect as if it were a redevelopment scheme in operation under Part 5; and
(b) this Act applies to and in respect of the scheme accordingly.
redevelopment scheme includes any instruments made under the redevelopment scheme.
(4) If, on the repeal, an application for approval of development of land or any part of it made under the repealed Act —
(a) has not been decided under that Act; or
(b) having been so decided, is the subject of an application to the State Administrative Tribunal for a review that has not been finalised,
the Authority must perform the functions of the abolished authority in relation to those applications.
155. Exemptions from State tax
State tax includes duty under the Duties Act 2008 and any other tax, duty, fee, levy or charge, under a law of the State.
(2) State tax is not payable in relation to —
(a) anything that occurs by operation of this Part; or
(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of, giving effect to this Part.
156. Transitional regulations
(1) If this Part does not provide sufficiently for a matter or issue of a transitional nature that arises as a result of a repeal or amendment made under Part 10 or the enactment of this Act, the Governor may make regulations (the transitional regulations) prescribing all matters that are required, necessary or convenient to be prescribed for providing for the matter or issue.
(2) The transitional regulations may provide that specified provisions of this Act —
(a) do not apply; or
(b) apply with specified modifications,
to or in relation to any matter.
(3) If the transitional regulations provide that a specified state of affair is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the transitional regulations are published in the Gazette but not earlier than the commencement of this section, the transitional regulations have effect according to their terms.
(4) In subsections (2) and (3) —
specified means specified or described in the transitional regulations.
(5) If the transitional regulations contain a provision referred to in subsection (3), the provision does not operate so as —
(a) to affect in a manner prejudicial to any person (other than the State), the rights of that person existing before the day of publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.
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Notes
This is a compilation of the Metropolitan Redevelopment Authority Act 2011 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Compilation table
Short title
Number and year
Assent
Commencement
Metropolitan Redevelopment Authority Act 2011
45 of 2011
12 Oct 2011
s. 1 and 2: 12 Oct 2011 (see s. 2(a)); s. 3, 29, 30, 36 and 132: 7 Nov 2011 (see s. 2(b) and Gazette 4 Nov 2011 p. 4629) Act other than s. 1‑3, 29, 30, 36 and 132: 31 Dec 2011 (see s. 2(b) and Gazette 30 Dec 2011 p. 5573
Swan Valley Planning Act 2020 Pt. 10 Div. 9
45 of 2020
9 Dec 2020
1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2)
Directors’ Liability Reform Act 2023 Pt. 3 Div. 40
9 of 2023
4 Apr 2023
5 Apr 2023 (see s. 2(j))
Planning and Development Amendment Act 2023 Pt. 8 Div. 4
34 of 2023
11 Dec 2023
1 Jul 2024 (see s. 2(e) and SL 2024/98 cl. 2)
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
abolished authority 146
acquire 3
appointment period 82(1)
approved redevelopment scheme 3
Armadale Redevelopment Authority 151(1)
assessed scheme 74(1)
assets 146
Authority 3
business arrangement 11(1)
cause 90(1)
chief executive officer 3
commencement day 145(1)
committee 91
confidential information 127(1)
costs contributions 38(7)
development 3
development application 3
development approval 3, 62(1), 70
dispose of 3
document 117(1)
due date 113(1)
environmental condition 74(1)
Environment Minister 3
EPA 3
EP Act 3
existing employee 151(1)
improvement scheme 3
information 117(1)
interest 23(1)
liabilities 146
local planning scheme 3
lot 19(2)
LRC 3
member 85, 91
metropolitan region 3
Midland Redevelopment Authority 151(1)
Minister 20(1), 60(1)
PAD Act 3
participate 11(1)
Planning Minister 3
planning scheme 3
prescribed fee 25(1)
proposal land 94(2)
public authority 3
public sector agency 13(4), 14(4)
public sector employee 13(4), 14(4)
redevelopment Act 145(1), 146
redevelopment area 3
redevelopment authority 146
redevelopment scheme 145(1), 154(3)
Registrar 25(1)
relevant local government 29(3)
relevant local government, 81(1)
scheme start day 3
specified 22(3), 156(4)
staff member 3
State tax 155(1)
Swan Valley 3
thoroughfare 3
transaction 12(1)
transferee 25(1)
transitional regulations 156(1)
unauthorised development 70
value 95(2)
WAPC 3
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