❓ This WA parliamentary question seeks clarification on the proclamation status of several Acts related to machinery of government, offshore minerals, and petroleum legislation. The response details which sections remain unproclaimed and the reasons for the delays, primarily due to the need for supporting regulations or subsequent legislation.
AnsweredQoN 5581Legislative Council
QuestionView source ↗
(a) proclaimed at all; or
(b) proclaimed in part?
(2) In each case referred to in (1a) and (1b), what is the reason for non-proclamation?
(b) proclaimed in part?
(2) In each case referred to in (1a) and (1b), what is the reason for non-proclamation?
AnswerView source ↗
Answered
27 November 2007
Responded by
Leader of the House representing the Premier
Response time
40 days
Department of the Premier and Cabinet advises:
(1a-b)
Year/Number: 28/2006
Act Name: Machinery of Government (Miscellaneous Amendments) Act 2006
Assent: 26 June 2006
To be proclaimed: S.39(1) and Pt.3 Div. 1 & 5
Portfolio: Minister for Public Sector Management
(2)
Section 39(1) and Part 3 Divisions 1 and 5 of the
Machinery of Government (Miscellaneous Amendments) Act 2006
are not proclaimed, as these provisions have been overtaken by other legislation that has commenced since the Act was drafted, in particular, Parts 5, 9 and 11 of the
Prisons and Sentencing Legislation Amendment Act 2006.
Department of Industry and Resources advises:
1(a) Acts not proclaimed at all
Offshore Minerals Act 2003
Offshore Minerals (Registration Fees) Act 2003
Offshore Minerals (Consequential Amendments) Act 2003
1(b) Act part proclaimed:
Petroleum Legislation Amendment and Repeal Act 2005
The
Petroleum Legislation Amendment and Repeal Act 2005
(
PLAR Act 2005
) received Royal Assent on 1 September 2005 and has been proclaimed in part.
Part proclaimed
Part 4 of the
PLAR Act 2005
was proclaimed in the Government Gazette on
28 March 2007. It amends the WA
Petroleum (Submerged Lands) Act 1982
by introducing a comprehensive occupational safety and health regime modelled on the provisions of the Commonwealth's 'Schedule 7'. It also confers powers on the National Offshore Petroleum Safety Authority to regulate petroleum safety in waters covered by the
Petroleum (Submerged Lands) Act 1982
.
Part not proclaimed
Part 2 and Part 3 of the
PLAR Act 2005
have not been proclaimed. Part 2 provides a comprehensive occupational safety and health regime for "petroleum operations" modelled on the provisions of the Commonwealth's Schedule 7 for the State's onshore petroleum legislation, the
Petroleum Act 1967
. Part 3 provides a comprehensive occupational safety and health regime for petroleum "pipeline operations" modelled on the provisions of the Commonwealth's Schedule 7 for the onshore pipeline legislation, the
Petroleum Pipelines Act 1969
.
(2) The reason for non-proclamation of
(i) Acts referred to in answer 1(a):
Offshore Minerals Act 2003
- supporting regulations and transitional provisions are required before the Act can be proclaimed to operate. Preliminary work towards the drafting of these regulations has been commenced however other more urgent legislation has taken priority, including amendments relating to the mining tenement reversion scheme, the function of the Warden's Court and the validation of certain miscellaneous licences.
Offshore Minerals (Registration Fees) Act 2003
- this Act will commence at the same time as the
Offshore Minerals Act 2003
.
Offshore Minerals (Consequential Amendments) Act 2003
- this Act will commence at the same time as the
Offshore Minerals Act 2003
.
(ii) Act referred to in answer 1(b):
PLAR Act 2005
- parts 2 and 3 remain unproclaimed awaiting finalisation of the safety regulations required for the
Petroleum Act 1967
and the
Petroleum Pipelines Act 1969
respectively. The regulations for the
Petroleum Pipelines Act 1969
are at exposure draft stage, whilst the drafting of the safety regulations for the
Petroleum Act 1967
will commence when the geothermal amendments in the
Petroleum Amendment Bill 2007
(currently awaiting debate in the Legislative Council) receive Royal Assent.
Office of the Public Sector Standard Commissioner advises:
(1a-b) Nil
(2) Not applicable
Governor's Establishment advises:
Not applicable to Governor's Establishment
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(1a-b)
Year/Number: 28/2006
Act Name: Machinery of Government (Miscellaneous Amendments) Act 2006
Assent: 26 June 2006
To be proclaimed: S.39(1) and Pt.3 Div. 1 & 5
Portfolio: Minister for Public Sector Management
(2)
Section 39(1) and Part 3 Divisions 1 and 5 of the
Machinery of Government (Miscellaneous Amendments) Act 2006
are not proclaimed, as these provisions have been overtaken by other legislation that has commenced since the Act was drafted, in particular, Parts 5, 9 and 11 of the
Prisons and Sentencing Legislation Amendment Act 2006.
Department of Industry and Resources advises:
1(a) Acts not proclaimed at all
Offshore Minerals Act 2003
Offshore Minerals (Registration Fees) Act 2003
Offshore Minerals (Consequential Amendments) Act 2003
1(b) Act part proclaimed:
Petroleum Legislation Amendment and Repeal Act 2005
The
Petroleum Legislation Amendment and Repeal Act 2005
(
PLAR Act 2005
) received Royal Assent on 1 September 2005 and has been proclaimed in part.
Part proclaimed
Part 4 of the
PLAR Act 2005
was proclaimed in the Government Gazette on
28 March 2007. It amends the WA
Petroleum (Submerged Lands) Act 1982
by introducing a comprehensive occupational safety and health regime modelled on the provisions of the Commonwealth's 'Schedule 7'. It also confers powers on the National Offshore Petroleum Safety Authority to regulate petroleum safety in waters covered by the
Petroleum (Submerged Lands) Act 1982
.
Part not proclaimed
Part 2 and Part 3 of the
PLAR Act 2005
have not been proclaimed. Part 2 provides a comprehensive occupational safety and health regime for "petroleum operations" modelled on the provisions of the Commonwealth's Schedule 7 for the State's onshore petroleum legislation, the
Petroleum Act 1967
. Part 3 provides a comprehensive occupational safety and health regime for petroleum "pipeline operations" modelled on the provisions of the Commonwealth's Schedule 7 for the onshore pipeline legislation, the
Petroleum Pipelines Act 1969
.
(2) The reason for non-proclamation of
(i) Acts referred to in answer 1(a):
Offshore Minerals Act 2003
- supporting regulations and transitional provisions are required before the Act can be proclaimed to operate. Preliminary work towards the drafting of these regulations has been commenced however other more urgent legislation has taken priority, including amendments relating to the mining tenement reversion scheme, the function of the Warden's Court and the validation of certain miscellaneous licences.
Offshore Minerals (Registration Fees) Act 2003
- this Act will commence at the same time as the
Offshore Minerals Act 2003
.
Offshore Minerals (Consequential Amendments) Act 2003
- this Act will commence at the same time as the
Offshore Minerals Act 2003
.
(ii) Act referred to in answer 1(b):
PLAR Act 2005
- parts 2 and 3 remain unproclaimed awaiting finalisation of the safety regulations required for the
Petroleum Act 1967
and the
Petroleum Pipelines Act 1969
respectively. The regulations for the
Petroleum Pipelines Act 1969
are at exposure draft stage, whilst the drafting of the safety regulations for the
Petroleum Act 1967
will commence when the geothermal amendments in the
Petroleum Amendment Bill 2007
(currently awaiting debate in the Legislative Council) receive Royal Assent.
Office of the Public Sector Standard Commissioner advises:
(1a-b) Nil
(2) Not applicable
Governor's Establishment advises:
Not applicable to Governor's Establishment
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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