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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
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NATURAL RESOURCES MANAGEMENT (REVIEW) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 3, lines 13 to 21 [clause 4(1)]—Delete subclause (1)

No. 2. Clause 4, page 4, lines 1 to 19 [clause 4(3), (4) and (5)]—Delete subclauses (3), (4) and (5)

No. 3. Clause 4, page 4, lines 25 and 26 [clause 4(8), inserted paragraph (d)]—Delete paragraph (d)

No. 4. Clause 4, page 4, lines 30 to 40 [clause 4(9), (10) and (11)]—Delete subclauses (9), (10) and (11)

No. 5. Clause 5, page 5, lines 10 and 11—Delete clause 5 and substitute:

5—Amendment of section 11—Powers of delegation

Section 11(4)(b)—after 'Chapter 5' insert:

(other than a function or power under section 110(3), 111, 114(10) or 117(4))

No. 6. Clause 6, page 5, after line 12—Insert:

(a1) Section 13(2)(a)—delete '(who will be the presiding member)'

No. 7. Clause 6, page 5, after line 23 [clause 6, inserted subsection (4a)]—Insert:

and

(d) the Minister has consulted with the presiding member of the Council in respect of filling the vacant position.

No. 8. Clause 6, page 5, after line 25—Insert:

(3) Section 13—after subsection (7) insert:

(7a) The Governor must appoint a suitable member of the NRM Council to be the presiding member of the NRM Council (however a member cannot serve as presiding member of the NRM Council for more than 8 consecutive years).

No. 9. Clause 7, page 5, lines 29 and 30 [clause 7(2)]—Delete subclause (2) and substitute:

(2) Section 14(1)—delete 'subject to the qualification that a person cannot serve as a member of the NRM Council for more than 6 consecutive years'

(3) Section 14—after subsection (1) insert:

(1a) However, a person cannot serve as a member of the NRM Council—

(a) if the person has at any point been a presiding member of the NRM Council—for more than 12 consecutive years; or

(b) in any other case—for more than 8 consecutive years.

No. 10. Clause 10, page 6, after line 12 [clause 10, inserted subsection (3a)]—Insert:

and

(d) the Minister has consulted with the presiding member of the regional NRM board in respect of filling the vacant position.

No. 11. Clause 10, page 6, after line 14—Insert:

(3) Section 25(8)—after 'board' second occurring insert:

(however a member cannot serve as presiding member of a particular regional NRM board for more than 8 consecutive years)

No. 12. Clause 11, page 6, lines 18 and 19 [clause 11(2)]—Delete subclause (2) and substitute:

(2) Section 26(1)—delete 'subject to the qualification that a person cannot serve as a member of a particular regional NRM board for more than 6 consecutive years'

(2a) Section 26—after subsection (1) insert:

(1a) However, a person cannot serve as a member of a particular regional NR board—

(a) if the person has at any point been a presiding member of the regional NRM board—for more than 12 consecutive years; or

(b) in any other case—for more than 8 consecutive years.

No. 13. Clause 12, page 6, lines 36 to 38 [clause 12, inserted subsection (4)]—

Delete 'The Chief Executive of the Department must ensure that a copy of any report within the ambit of subsection (3) is published on the Department's' and substitute:

The relevant regional NRM board must ensure that a copy of any report within the ambit of subsection (3) is published on the regional NRM board's

No. 14. New clause, page 7, before line 1—Insert:

12A—Amendment of section 48—Composition of NRM groups

(1) Section 48(2)(a)—delete 'in a newspaper circulating generally throughout the relevant region' and substitute:

on its website, and give such other public notice as the board may determine,

(2) Section 48(3)—delete subsection (3)

(3) Section 48(6)—after 'group' second occurring insert:

(however a member cannot serve as presiding member of a particular NRM group for more than 8 consecutive years)

No. 15. Clause 13, page 7, lines 4 and 5 [clause 13(2)]—Delete subclause (2) and substitute:

(2) Section 49(1)—delete 'subject to the qualification that a person cannot act as a member of a particular NRM group for more than 9 consecutive years'

(2a) Section 49—after subsection (1) insert:

(1a) However, a person cannot serve as a member of a particular NRM group—

(a) if the person has at any point been a presiding member of the NRM group—for more than 12 consecutive years; or

(b) in any other case—for more than 8 consecutive years.

No. 16. Clause 15, page 7, lines 8 to 10—Delete clause 15

No. 17. New clause, page 7, after line 10—Insert:

15A—Amendment of section 69—Powers of authorised officers

(1) Section 69(1)(d)—delete paragraph (d) and substitute:

(d) use reasonable force to break into or open any part of, or anything in or on, any place or vehicle, but only if the authorised officer—

(i) is acting under the authority of a warrant issued by a magistrate; or

(ii) is acting with the permission of the owner of the relevant land, or the person apparently in charge of the vehicle (as the case requires); or

(iii) believes on reasonable grounds that immediate action is required because a Category 1 or Category 2 animal may be present in the place or vehicle;

(2) Section 69—after subsection (9) insert:

(9a) If an authorised officer causes any damage by digging up any land under this section, the entity that appointed the authorised officer is liable to pay reasonable compensation to any person who has suffered loss on account of that damage.

No. 18. Clause 16, page 7, lines 11 to 32—Delete clause 16 and substitute:

16—Repeal of section 72

Section 72—delete the section

No. 19. New clause, page 7, after line 32—Insert:

16A—Amendment of section 73—Offences by authorised officers

Section 73—after paragraph (b) insert:

or

(c) represents that he or she is authorised (however described) under this or any other Act to exercise a particular power when he or she is not so authorised,

No. 20. Clause 17, page 8, after line 3—Insert:

(3a) Section 75(3)(h)(ii)—delete 'for the first of those years'

(3b) Section 75(3)(h)(ii)—delete 'year' wherever occurring and substitute in each case 'period'

No. 21. Clause 20, page 9, line 26 [clause 20, inserted subsection (1a)]—Delete 'in accordance with the regulations' and substitute:

in a manner determined by the board

No. 22. Clause 20, page 9, after line 30—Insert:

(2a) Section 79(10)—delete subsection (10) and substitute:

(10) The board must publish an invitation under subsection (9) on its website, and may give such other public notice of the invitation as the board may determine.

No. 23. Clause 22, page 9, after line 38—Insert:

(a1) Section 81(1)—delete 'plan annually.' and substitute:

plan—

(a) at any time the board is proposing an increase in the amount to be raised by way of levy (being an increase not contemplated by the current plan); and

(b) without limiting paragraph (a), at least once every 3 years.

(a2) Section 81(2)—delete subsection (2)

(a3) Section 81(3)—delete 'annual'

No. 24. Clause 22, page 10, lines 1 and 2 [clause 22(2)]—Delete subclause (2) and substitute:

(2) Section 81(7)(a)(i)—delete subparagraph (i) and substitute:

(i) publishes a summary of the proposed amendments, as well as a notice inviting members of the public to provide it with written submissions in relation to the proposed amendments within a specified period (being a period of at least 21 days), on its website and in such other manner as the board may determine; and

No. 25. New clause, page 10, after line 13—Insert:

22A—Amendment of section 84—Time for preparation and review of plans

(1) Section 84(2)—delete 'preparation of a concept statement or by the public and other consultation required by this Act, the Minister may dispense with the requirements for the concept statement and' and substitute:

public and other consultation required by this Act, the Minister may dispense with the requirements for such

(2) Section 84(3)—delete 'the annual review of its plan' and substitute 'reviews of its plan as required under this Act'

No. 26. Clause 23, page 10, line 17 to page 11, line 10 [clause 23(2) and (3)]—Delete subclauses (2) and (3)

No. 27. Clause 27, page 11, lines 27 to 29—Delete clause 27

No. 28. Clause 28, page 11, line 33—Delete ', (6a) and (6b)' and substitute 'and (6a)'

No. 29. Clause 28, page 11, line 34 to page 12, line 4 [clause 28(2)]—Delete subclause (2)

No. 30. Clause 29, page 12, lines 5 to 8—Delete clause 29

No. 31. Clause 30, page 12, lines 10 to 15 [clause 30(1)]—Delete subclause (1)

No. 32. Clause 30, page 12, lines 16 to 20 [clause 30(2)]—Delete subclause (2)

No. 33. Clause 30, page 12, line 24 [clause 30(4)]—Delete subclause (4)

No. 34. Clause 31, page 12, lines 25 to 29—Delete clause 31

No. 35. Clause 33, page 13, lines 1 to 3—Delete clause 33

No. 36. Clause 39, page 14, line 26 to page 15 line 16—Delete clause 39

No. 37. New clause, page 15, after line 16—Insert:

39A—Amendment of section 171—By-laws

Section 171(7)(b)—delete 'cause to be published a notice in a newspaper circulating generally throughout the region setting out' and substitute:

publish the proposed by-law, as well as a notice inviting members of the public to provide the board with written submissions in relation to the proposed by-law within a specified period (being a period of at least 6 weeks), on its website and in such other manner as the board may determine

No. 38. Clause 45, page 17, lines 17 to 22—Delete clause 45

No. 39. Schedule, page 17, after line 24—Insert:

Schedule 1—Transitional provision

1—Presiding member of NRM Council to continue

Despite section 13(7a) of the Natural Resources Management Act 2004 as enacted by this Act, the presiding member of the NRM Council immediately before the commencement of this clause (being the member referred to in section 13(2)(a) of that Act) will continue as the presiding member of the NRM Council until—

(a) he or she is removed from office, or his or her office is vacated, under section 14 of that Act; or

(b) the expiration of his or her current term of office,

whichever occurs first.

Consideration in committee.

The Hon. L.W.K. BIGNELL: I move:

That the Legislative Council's amendments be agreed to.

Ms CHAPMAN: I indicate that the opposition welcomes the returned bill with the amendments, as indicated. We place on record the appreciation of a number of chairs of NRM boards in providing advice in the development of this list of amendments. There are governance entitlements and reporting obligations which have been significantly amended, and we trust they will assist in the convenience of the operation of each of the board structures. I particularly note and record our appreciation for the powers of authorised officers in Amendment No. 17. Thank you to other members of the Legislative Council, including the Hon. Michelle Lensink for her tireless work in bringing this matter to a resolution; sensible amendments have prevailed.

Motion carried.

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