Rottnest Island Authority Act 1987

The Act defines several key concepts. Authority means the Rottnest Island Authority established by section 5(1), a body corporate with perpetual succession and a common seal, agent of the Crown in right of the State (section 5(2)-(3)). Island means the Rottnest Island Reserve described in section 4, which consists of specific land and waters as delineated on Department of Land Administration plans, together with sea-bed and subsoil. Management plan is the plan that governs the control and management of the Island; it must contain a statement of policies or guidelines and a summary of proposed operations for five years (section 20(1)). A management plan does not expire until a further plan is approved (section 20(2)), and the Minister may modify or add to it by written notice (section 18(3)). Settlement area is defined in section 14(3) as the part of the Island north of a line from Geordie Bay to Kingstown Barracks, as shown on a deposited diagram, or as declared by the Minister by notice in the Gazette. Living accommodation generally may not be provided outside this area, except for staff accommodation incidental to duties (section 14(1)-(2)). Ranger includes persons designated from the Authority’s staff or engaged under section 27, honorary rangers appointed under section 28(1)(b), and police officers acting ex officio (section 28). Rangers have powers to enforce regulations, require names and addresses, enter premises, and detain vessels or vehicles (section 29), and may order a person committing an offence to leave the Island for up to seven days (section 30). Chief executive officer is appointed under Part 3 of the Public Sector Management Act 1994 and administers day-to-day operations subject to the Authority’s control, with no voting rights at meetings (section 25). Pecuniary interests must be disclosed by members (section 10), and a member who has an interest may take part in discussion but cannot vote. Account refers to the Rottnest Island Authority Account established under section 33(3), into which all moneys (appropriations, fees, business income, fines, gifts, borrowings) are credited and from which all expenditure is charged. The Account may be an agency special purpose account under the Financial Management Act 2006 or an approved bank account. Net profits are subject to a determination by the Treasurer of an amount payable to the Consolidated Account, not exceeding one half of net profits (section 35). Responsible adult in relation to a child has the same meaning as in section 58 of the Young Offenders Act 1994, and may be liable for damage caused by the child’s intentional or negligent act or omission unless the adult shows due care and control was not neglected (section 41). Infringement notice is a mechanism for dealing with prescribed offences: a ranger may issue a notice with a modified penalty payable within 21 days, and payment bars prosecution (section 42).

The Act directly affects the Rottnest Island Authority itself, its members (chairman, 5 other members appointed by the Governor on the Minister’s nomination, and a deputy chairman appointed by the Minister - section 6), and its staff including the chief executive officer, other officers under the Public Sector Management Act 1994, wages staff, consultants and honorary rangers (sections 25-28). The Authority’s members must have specific expertise: at least one member with practical knowledge in environmental conservation, one in historic building preservation, one with sound commercial experience, and one who is a regular recreational user of the Island (section 6(2)). The Act also affects all persons who visit or stay on Rottnest Island as recreational or holiday users. The Authority must prioritise the needs of Western Australian families (section 12(1)(a)) and must not give preference to any person or group when demand exceeds supply (section 12(2)). Business operators wanting to establish or acquire a business undertaking on the Island may do so only through arrangements with the Authority (section 13(2)(d)). Lessees and licensees are affected: the Authority may grant leases or licences consistent with the purposes in section 11(2) for up to 20 years without ministerial approval; longer terms require the Minister’s written approval (section 13(3)(a)). Leases and licences for mooring vessels require concurrence of the minister administering the Marine and Harbours Act 1981 (section 13(3)(b)). The Authority has no further power of disposition over land (section 13(4)). Children (persons under 18) and their responsible adults are directly caught by section 41: if a child intentionally or negligently damages Authority property, the Authority may recover the loss from the responsible adult unless the adult shows they did not conduce to the act by neglecting due care and control. Persons committing offences under regulations or against section 32 are subject to ranger enforcement, removal orders (s30), and infringement notices (s42). Police officers become ex officio rangers (section 28(2)). State Government departments and instrumentalities may be engaged by the Authority to perform work or supply services (section 13(2)(b)). Other public bodies acting under written laws must consult with the Authority before carrying out work affecting the Island’s environment (section 46(2)). The Minister has power to give general or specific directions (section 15), to approve leases over 20 years, to modify the management plan (section 18(3)), to approve development outside the settlement area (section 14(1)(b)), and to approve borrowing (section 37). The Treasurer has powers regarding borrowing approval (ss37-38), guarantees (s39), investment approval (s36), net profits determinations (s35), and establishment of the Account at a bank (s33(3)). The Chief Health Officer acts as the local government for the Island for purposes of the Health (Miscellaneous Provisions) Act 1911 and may make local laws (section 45).

The Authority’s primary duty is to control and manage the Island for the purposes set out in section 11(2): providing recreational and holiday facilities, protecting flora and fauna, and maintaining the natural environment and man-made resources. This must be done in accordance with the current management plan (section 17(1)). The Authority must review the management plan at least every five years (section 19) and submit proposed plans or amendments to the Minister for approval after a public submission period of at least two months (sections 21-23). In providing facilities, the Authority must have particular regard to the needs of Western Australian families and may reserve Kingstown Barracks for educational purposes (section 12(1)). When demand exceeds supply, the Authority must not give preference to any person or group (section 12(2)). The Authority may require payment of rent, fees or charges, and may waive, reduce or refund them (section 13(2)(c)). It may grant leases or licences for up to 20 years without ministerial approval; longer terms require the Minister’s written approval (section 13(3)). It may also establish or acquire businesses, or enter arrangements for others to do so (section 13(2)(d)). The Authority has no power of disposition over land except as provided (section 13(4)), and cannot permit commercial taking of flora, fauna, rock, stone or soil (section 13(5)). A key duty is financial: the Authority must perform its functions so that, taking one year with another, revenue (excluding Parliamentary appropriations) meets expenditure (section 34(1)), though this requirement does not apply before the fifth financial year after commencement (section 34(3)). Net profits may be partly paid to the Treasurer for the Consolidated Account, subject to a cap of one half (section 35). The Authority must keep a copy of the management plan available for public inspection free of charge during office hours (section 17(2)). Members have duties to disclose pecuniary interests at meetings and cannot vote on matters in which they have such an interest (section 10). Members are not personally liable for acts done in good faith in their official capacity, subject to the Statutory Corporations (Liability of Directors) Act 1996 (section 9). Rangers have powers to enforce the Act: they may require a person suspected of committing an offence against regulations or section 32 to give name and address; may enter premises, stop, detain and search vessels or vehicles; and may detain a person who fails to give name and address until delivered to a police officer (section 29). A ranger may order an offender to leave the Island within a specified time and not return for up to seven days (section 30(1)). Failure to comply without reasonable excuse is an offence with a $1,000 penalty (section 30(2)). A police officer may remove a non-complying person (section 30(3)). The public has the right to inspect the management plan at the Authority’s offices (section 17(2)) and to make written submissions on proposed plans or amendments within a period of at least two months after Gazette notice (section 22). The Authority must consider those submissions before submitting to the Minister (section 23(1)).

The Act establishes several specific offences and enforcement mechanisms. The primary enforcement tool is the infringement notice regime under section 42. A ranger who reasonably believes a person has committed an offence against regulations made under section 48 may issue an infringement notice in the prescribed form. The notice must inform the person that payment of the modified penalty within 21 days avoids prosecution. The modified penalty is the prescribed amount for the offence when dealt with under this section. Payment bars further proceedings unless the notice is withdrawn (section 42(8)). The Authority may withdraw a notice within 28 days and must refund any paid amount (s42(6)-(7)). Offences directly created by the Act include: failing to comply with a ranger’s order to leave the Island (penalty: $1,000 - section 30(2)); resisting, delaying or obstructing a ranger in performance of functions (penalty: $1,000 - section 32); failing to surrender a ranger certificate upon ceasing to be a ranger (penalty: $500 - section 31(4)). The section 32 offence is expressly referenced in section 29(4) as an offence to which rangers’ enforcement powers apply. All fines and penalties for offences against the Act, including modified penalties under section 42, are payable to the Authority (section 43). This creates a direct financial incentive for the Authority to enforce regulations. Rangers’ powers under section 29 include: requiring name and address from a person suspected of committing an offence against regulations or section 32; entering premises; stopping, detaining and searching any vessel or vehicle if a person in or on it is reasonably suspected of being the offender. Failure to give full and correct name and address constitutes obstruction under section 32 and allows the ranger to detain the person until delivered to a police officer (section 29(3)). Removal orders under section 30: a ranger finding a person committing an offence against regulations may order them in writing to leave the Island by a specified time and not return for up to seven days. Non-compliance without reasonable excuse is an offence ($1,000). A police officer who reasonably believes a person has not complied may remove them (and their belongings) to the mainland, entering any vehicle, vessel, premises or place and detaining the person for that purpose (section 30(3)-(4)). Liability of responsible adults under section 41 is a civil recovery provision: the Authority may recover the amount of loss from a responsible adult for damage to Authority property caused by a child’s intentional or negligent act or omission. The defence is that the responsible adult shows he or she did not conduce to the act or omission by neglecting due care and control of the child. This provision operates in addition to section 58 of the Young Offenders Act 1994. General regulations under section 48 may create further offences, and the infringement notice mechanism applies to those offences. The Act does not specify maximum penalties for regulation offences; those would be prescribed in the regulations.

The Act contains several provisions addressing its interaction with other State laws. Section 46(1) provides that the vesting of control and management in the Authority does not affect the application of any written law to the Island. However, section 46(2) imposes a duty on any person or body acting under a written law to consult with the Authority before carrying out work affecting the Island’s environment, and to have regard to the Authority’s views. Section 45 deals specifically with the Health (Miscellaneous Provisions) Act 1911: despite the Authority being an agent of the Crown, that Act applies fully to all acts, omissions and circumstances on the Island. The Island is deemed a health district, and the Chief Health Officer (as defined in section 3, referring to the Public Health Act 2016) is the local government for the Island under section 16 of the Health (Miscellaneous Provisions) Act 1911. The Chief Health Officer may exercise any power to make local laws conferred on a local government under that Act (section 45(3)). This does not affect the existing application of the Health (Miscellaneous Provisions) Act 1911 or the operation of its section 343A. The Financial Management Act 2006 and Auditor General Act 2006 apply to the Authority and its operations (section 40). The Public Sector Management Act 1994 governs the appointment of the chief executive officer and other officers (sections 25 and 26). Section 9(3) and section 15(3) provide that the statutory protections for members and directions from the Minister have effect subject to the Statutory Corporations (Liability of Directors) Act 1996. The Young Offenders Act 1994 section 58 is referenced in section 41(2) for the definition of responsible adult, and section 41(3) states that the liability provision is in addition to that section. Industrial awards and agreements apply to wages staff engaged under section 26(2). The Interpretation Act 1984 sections 36, 37 and 38 apply to the dissolution of the Board as if the Act were a repealing Act (section 50(2)), and section 13D of that Act is referenced for bankruptcy disqualification of members (Schedule 1 clause 2). Section 47 provides for execution of documents and requires courts to take judicial notice of the common seal. The Building Act 2011 deleted section 44 (see compilation table). The Marine and Harbours Act 1981 is relevant because leases or licences of mooring sites require concurrence of the minister administering that Act (section 13(3)(b)). The Act also preserves the application of the Health (Miscellaneous Provisions) Act 1911 even after the Public Health Act 2016 amendments commenced (see section 3 definition of Chief Health Officer amended by No.19 of 2016). The transitional provisions in Schedule 2 address the transfer of assets from the dissolved Board under the Parks and Reserves Act 1895, and deem rangers appointed under that Act to be rangers under section 28.

The Rottnest Island Authority Act 1987 (No. 91 of 1987) received assent on 9 December 1987 and commenced (except sections 1 and 2) on 30 May 1988 by proclamation. It has been amended by numerous subsequent Acts. Key amendments include: the Financial Administration Legislation Amendment Act 1993 (No. 6 of 1993) which amended section 35 regarding payments to the Consolidated Account; the Acts Amendment (Public Sector Management) Act 1994 (No. 32 of 1994) which updated references to the Public Sector Management Act 1994; the Sentencing (Consequential Provisions) Act 1995 (No. 78 of 1995) which inserted section 43 regarding payment of fines to the Authority; the Statutory Corporations (Liability of Directors) Act 1996 (No. 41 of 1996) which added references to that Act in sections 9 and 15; the Financial Legislation Amendment Act 1996 (No. 49 of 1996) which amended sections 33 and 39; and the Local Government (Consequential Amendments) Act 1996 (No. 14 of 1996) which amended section 45 regarding the Health (Miscellaneous Provisions) Act 1911. The Statutes (Repeals and Minor Amendments) Act 1997 (No. 57 of 1997) amended section 41 to update the definition of responsible adult. The Sentencing Legislation Amendment and Repeal Act 2003 (No. 50 of 2003) amended section 32 penalty. The Statutes (Repeals and Minor Amendments) Act 2003 (No. 74 of 2003) amended section 45. The Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (No. 84 of 2004) amended section 42. The Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006) made significant changes: it amended sections 33, 35, 39 and 40, and Schedule 1 clause 152, to update references to the Financial Management Act 2006 and Auditor General Act 2006 and to provide that the Account is established under section 16 of the Financial Management Act 2006. The Acts Amendment (Bankruptcy) Act 2009 (No. 18 of 2009) amended Schedule 1 clause 2 to replace references to bankruptcy with updated wording under the Interpretation Act 1984 section 13D. The Standardisation of Formatting Act 2010 (No. 19 of 2010) amended Schedule headings. The Public Sector Reform Act 2010 (No. 39 of 2010) amended section 8 to replace references to the Public Sector Commissioner. The Building Act 2011 (No. 24 of 2011) deleted section 44. The Public Health (Consequential Provisions) Act 2016 (No. 19 of 2016) amended sections 3 and 45 to update the definition of Chief Health Officer. Part 5 Division 22 of that Act remains uncommenced as of the compilation table. Three reprints have been published: as at 4 January 2000, 10 October 2008, and 24 August 2012 (the latter does not include the 2016 Public Health amendments).

The text of the Rottnest Island Authority Act 1987 does not refer to any specific litigation, court decisions or cases. The statute itself contains no references to judicial interpretation. However, several provisions have inherent litigation potential. Section 41 creates a civil cause of action for the Authority to recover losses from responsible adults for damage caused by children; this provision may generate disputes over whether the adult neglected due care and control, and whether the child’s act was intentional or negligent. Section 30(2) creates an offence for failing to comply with a ranger’s removal order, with a defence of reasonable excuse, the proof of which lies on the defendant - this reversal of onus may be challenged. Section 42’s infringement notice regime operates as an alternative to prosecution, but if a person declines to pay and is prosecuted, the validity of the notice or the underlying offence may be litigated. Section 29’s powers of entry, search, detention, and requirement to provide name and address could give rise to challenges under common law or statutory protections, particularly regarding the power to detain until delivered to a police officer. Section 32 (obstructing a ranger) is a summary offence that may be prosecuted. Section 10’s disclosure requirements for pecuniary interests could be relevant in proceedings challenging the validity of a decision made by a member who failed to disclose or who voted despite an interest. Section 13(3) limits on lease terms and disposition powers may lead to disputes if the Authority purports to grant a lease beyond 20 years without ministerial approval, or if a lease is challenged as inconsistent with the Act’s purposes. Section 14(1)(b) requires ministerial approval for development outside the settlement area not provided for in the management plan - non-compliance could be the subject of judicial review. Section 15 directions from the Minister may be challenged if inconsistent with the Act or a management plan. Section 34’s break-even requirement does not impose a legal duty actionable by third parties but could be relevant in financial management review. The management plan approval process under sections 21-24 could give rise to procedural fairness challenges if submissions are not properly considered or if the Minister makes modifications without adequate process. The public may have standing to seek review of decisions affecting the island’s environment under section 46(2) consultation requirements. Overall, reported decisions interpreting this specific Act appear not to be referenced in the legislation itself; practitioners should conduct independent case law searches for any unreported decisions.

Several provisions contain traps for the unwary. Section 34(2) excludes from the revenue/expenditure calculation any moneys appropriated by Parliament (section 33(1)(a)) and the expenditure of those moneys. This means the Authority cannot rely on government grants to meet the break-even requirement; it must generate sufficient self-raised revenue to cover its own expenditure. The transitional concession in section 34(3) - exempting the Authority from this requirement before the fifth financial year - may lead to later complacency if the Authority does not plan for long-term fiscal self-sufficiency. Section 35 allows the Treasurer to take up to one half of net profits for the Consolidated Account; the Authority must make an annual recommendation, but the Treasurer is not bound by it. This could undermine the Authority’s financial planning if a large profit is anticipated and then redirected to consolidated revenue. Section 41’s liability for responsible adults is strict in nature: the Authority need only prove that loss resulted from a child’s intentional or negligent act or omission. The responsible adult must prove they did not conduce to the act by neglecting due care and control. This is a reverse onus defence. Importantly, the provision applies to any child under 18, and the responsible adult is defined by reference to the Young Offenders Act 1994 - this may include parents, guardians, or other persons who have the care of the child. The provision is additional to any other liability. Section 12(2) prohibits preference when demand exceeds supply - the Authority must be careful not to create a system of priority that could be challenged by a disappointed user. Section 14(1)(a) prohibits living accommodation outside the settlement area, subject only to a narrow exception for staff accommodation incidental to duties (section 14(2)). Any proposal for tourist accommodation or other development outside the settlement area is effectively prohibited unless the Minister redefines the settlement area under section 14(4). Section 13(5) absolutely prohibits the Authority from permitting any person to take flora, fauna, rock, stone or soil for commercial or profit-making purposes - this is a complete ban, not subject to exceptions. Section 13(3)(a) allows leases for up to 20 years without ministerial approval, but any term including options must be counted; if the total possible term exceeds 20 years, ministerial approval is required. Leases of mooring sites require concurrence of the minister administering the Marine and Harbours Act 1981 regardless of term. Section 18(3) gives the Minister power to modify or add to the management plan by written notice, without public consultation - this bypasses the public submission process in sections 21-22. Section 20(2) provides that a management plan remains in force until a further plan is approved, even if its stated expiry date has passed - this could perpetuate an obsolete plan indefinitely if the review process stalls. Section 34(3) exempts the Authority from the break-even requirement only before the fifth financial year - the Authority should ensure it achieves break-even thereafter, but the provision does not prescribe consequences for failure. Section 37(3) caps annual borrowing at amounts approved by the Treasurer, and section 38(2) gives the Account and assets of the Authority a charge in favour of the Treasurer for amounts borrowed from the Treasurer. Section 45 empowers the Chief Health Officer to make local laws under the Health (Miscellaneous Provisions) Act 1911 - these laws have effect on the Island and may override or supplement Authority rules. Section 46(2) requires anyone acting under a written law to consult with the Authority before carrying out work affecting the environment, but the duty is only to “have regard to” the Authority’s views; it does not create a veto. Section 30(1) limits a ranger’s removal order to a maximum of seven days ban - repeat offenders may simply return after the ban expires. The infringement notice under section 42 must be given personally or left at premises for occupier offences; if given personally the ranger must do so at or about the time the offence is believed to have been committed. Section 42(6) allows a notice to be withdrawn within 28 days even after payment, in which case a refund must be given - this creates a short window for potential abuse or administrative error.

For the Authority itself, compliance begins with adhering to the management plan: section 17(1) requires that control and management be in accordance with the applicable plan. The Authority must ensure a copy is available for public inspection (section 17(2)). The Authority must review the plan at least every five years (section 19) and follow the public notice and submission process in sections 21-23 before submitting a proposed plan, amendments, or a proposal to continue the existing plan to the Minister for approval. Public notification must be in the Gazette, two issues of a daily state-wide newspaper, and at the Authority’s offices, with a submission period of at least two months (section 21(2), 22). The Authority must consider all written submissions and may modify the proposal accordingly (section 23(1)). The Minister’s approval, any modifications, and where copies may be inspected or obtained must be published in the Gazette (section 24). In providing recreational and holiday facilities, the Authority must have particular regard to the needs of WA families and ensure no preference or advantage when demand exceeds supply (section 12). Development is restricted: living accommodation may not be provided outside the settlement area except for staff (section 14); development outside the settlement area not in the management plan requires ministerial approval with conditions (section 14(1)(b)). The Authority must not permit commercial taking of flora, fauna, rock, stone or soil (section 13(5)). Leases and licences exceeding 20 years (including options) require the Minister’s written approval; mooring site leases require concurrence of the minister administering the Marine and Harbours Act 1981 (section 13(3)). Financial compliance is critical: the Authority must manage its operations so that revenue (excluding Parliamentary appropriations) meets expenditure taking one year with another (section 34(1), with the transitional exemption in section 34(3)). The Authority must make an annual recommendation to the Treasurer on net profits payable (section 35(4)), and if any amount is determined, pay it within the allowed period (section 35(6)). All moneys must be credited to the Rottnest Island Authority Account (section 33(3)), and expenditure must be only for the Act’s purposes (section 33(4)). Investment of surplus moneys requires Treasurer’s approval (section 36). Borrowing requires prior written approval of the Treasurer, with a detailed proposal (sections 37-38). The Authority must comply with the Financial Management Act 2006 and Auditor General Act 2006 (section 40). It must also comply with ministerial directions (section 15) which must be consistent with the Act and the management plan. Members must disclose any direct or indirect pecuniary interest in matters before meetings and must not vote on those matters (section 10). They should ensure minutes record the disclosure. Members may rely on the protection from personal liability in section 9 for acts done in good faith, but subject to the Statutory Corporations (Liability of Directors) Act 1996. Rangers must exercise powers under sections 29 and 30 in accordance with the Act; they must carry a certificate of authority and produce it on demand (section 31). When issuing an infringement notice, rangers must use the prescribed form and inform the person of the 21-day payment period and modified penalty amount (section 42). When issuing a removal order, the order must be in writing and specify the time to leave and the period of exclusion (maximum 7 days) (section 30). Visitors and users must comply with regulations made under section 48 and with any lawful direction of a ranger. If given a removal order, they must leave by the specified time and not return during the exclusion period unless they have a reasonable excuse (section 30(2)). They must not obstruct a ranger (section 32) and must provide full name and address when required (section 29(2)). Responsible adults should ensure they exercise due care and control of any child under 18 to avoid liability under section 41 if the child damages Authority property - simple supervision may not be enough; the defence requires showing they did not neglect due care and control. Any person doing business on the Island must obtain appropriate leases or licences from the Authority, ensuring they do not exceed the 20-year limit or, if longer, that ministerial approval is obtained. They should not take flora, fauna, rock, stone or soil commercially. Any person or body under a written law proposing work affecting the Island’s environment must consult with the Authority and have regard to its views (section 46(2)).