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Report Details


Committee Name:

Uniform Legislation and General Purposes Committee (2002 - 2005)

House:

Legislative Council
Report Type:Report

Title:

Offshore Minerals Bill 2001; Offshore Minerals (Registration Fees) Bill 2001; and Offshore Minerals (Consequential Amendments) Bill 2001
Report No:1
No of Pages:89
Physical Location:Legislative Council Committee Office

Presentation Date:

06/26/2002
Inquiry Name(s):Offshore Minerals Bill 2001; Offshore Minerals (Registration Fees) Bill 2001; and Offshore Minerals (Consequential Amendments) Bill 2001


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Executive Summary

1.1The Uniform Legislation and General Purposes Committee (Committee) was appointed by the Legislative Council on April 11 2002. The Committee is dedicated, amongst other matters, to the scrutiny of uniform legislation standing referred pursuant to Standing Order 230A.

1.2An inquiry into the Offshore Minerals Bill 2001, Offshore Minerals (Registration Fees) Bill 2001 and Offshore Minerals (Consequential Amendments) Bill 2001 (Bills) was commenced by the Standing Committee on Legislation until the Legislative Council ordered that the Bills stand referred to the Committee for inquiry. The Committee is to report on the Bills by not later than June 26 2002.

1.3The Bills are intended to form part of national scheme legislation. The scheme to which the Bills give effect involves the passage by the other States of legislation that is, or will be, virtually identical in terms and principles to the Bills. However, the Committee notes that the Bills have been tailored to take into account issues specific to the State.

1.4The Bills effectively mirror, in State coastal waters, the Commonwealth Offshore Minerals Act 1994. The Bills will assume jurisdiction over the three nautical mile zone of State coastal waters and establishes a uniform legal and administrative framework for the offshore mining industry. Offshore mining in State coastal waters is currently controlled by the Mining Act 1978 (WA). After passage of the Bills, that Act will only apply to onshore mining. Offshore mining will continue to be governed beyond the three nautical mile limit by the Commonwealth Act, which came into operation in February 1994.

1.5As a result of public consultation on the Bills the Committee considered issues relating to the treatment of other legislatively based rights granted in coastal waters; the issue of compensation; the treatment of disputes as to the allocation of resources and the Wardens’ Courts; matters relating to the environment and the Environmental Protection Act 1986; and whether the Bills have due regard to native title matters.

1.6In addition the Committee considered the Bills in light of certain legislative scrutiny principles.

1.7The Committee extensively consulted with relevant government departments and has recommended amendments to the Offshore Minerals Bill 2001.

Recommendations

Recommendations are grouped as they appear in the text at the page number indicated:

Page 42
Recommendation 1: The Committee recommends that the Offshore Minerals Bill 2001 be amended in the following manner:

Page 25 after line 17 - To insert the following new clause –

“38A Consultation with other Ministers

Before granting any licence or special purpose consent under this Act, the Minister must consult and obtain the recommendations of:

(a) the Minister for the time being administering the
Fish Resources Management Act 1994;

(b) the Minister for the time being administering the
Pearling Act 1990;

(c) the Minister for the time being administering the
Marine and Harbours Act 1981;

(d) the Minister for the time being administering the
Land Administration Act 1997; and

(e) the Minister for the time being administering the
Environmental Protection Act 1986. ”


Page 42
Recommendation 2: The Committee recommends that the Offshore Minerals Bill 2001 be amended to include a provision similar to section 16(3) of the Mining Act 1978.

Page 42
Recommendation 3: The Committee recommends that clause 44(c) of the Offshore Minerals Bill 2001 be amended in the following manner: –

Page 32, line 27 - To insert the following after “fishing” –

“ pearling or aquaculture ”


Page 42
Recommendation 4: The Committee recommends that the Offshore Minerals Bill 2001 be amended to include a provision similar to section 6 of the Mining Act 1978.

Page 67
Recommendation 5: The Committee recommends that clause 12 of Schedule 2 of the Offshore Minerals Bill 2001 be amended in the following manner:

Page 253, after line 19 – To insert the following new subclauses -

“(3) An order made pursuant to subclause (1) or (2) is to be laid before each House of Parliament within 6 sitting days of its publication and if not later than 6 sitting days of the day on which the order was laid before it, either House fails to pass a resolution disallowing the order, the order has effect according to its tenor.

(4) Where, by reason of necessity, an order made under subclause (1) or (2) is to have effect before the expiration of the time within which it would otherwise be disallowable, the order, when made, is to state that it is made under this subclause but must nonetheless be laid before each House of Parliament at the next sitting of that House.”


Page 67
Recommendation 6: The Committee recommends that clause 12(3) of Schedule 2 of the Offshore Minerals Bill 2001 be amended in the following manner:

Page 253, line 19 – To delete “section” and insert instead –

“ clause ”

Page 67
Recommendation 7: The Committee recommends that clause 12(4) of Schedule 2 of the Offshore Minerals Bill 2001 be amended in the following manner:

Page 253, lines 22 and 23 – To delete “on a day that is earlier than the day of its publication in the
Gazette” and insert instead –

“ from the commencement ”

Page 67
Recommendation 8: The Committee recommends that the Offshore Minerals Bills 2001 be passed subject to the amendments contained in Recommendations 1 to 7.

Page 70
Recommendation 9: The Committee recommends that the Offshore Minerals (Consequential Amendments) Bill 2001 be passed without amendment.

Page 70
Recommendation 10: The Committee recommends that the Offshore Minerals (Registration Fees) Bill 2001 be passed without amendment.