25/Oct/2002 - Current (at 31 Dec 2005)
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    13. Functions of the Board

    (1) The functions of the Board are

    (a) to consider the proposals submitted to the Minister by the Company under clause 4 of the Agreement and to advise the Minister on the effect of the proposals upon the environment;

    (b) to advise the Minister when the Board considers that commencement of construction of the project described in the Agreement is imminent;

    (c) to advise the Minister on matters related to the protection of flora and fauna in areas of vacant Crown land in the Port Kennedy area;

    (d) to facilitate the further study of the geomorphological features of the Port Kennedy area and to educate the public on the environmental importance of those features;

    (e) to advise the Minister on the progress of development of the project described in the Agreement;

    (f) to advise the Minister with respect to the issue of Crown Grants to the Company under the Agreement;

    (g) to advise the Minister on any requirements for the maintenance of land, buildings or facilities, including marina facilities and breakwaters, in the Port Kennedy area or waters in or abutting that area;

    (h) to monitor whether the conditions and procedures attached to the Environmental Approval have been or are being complied with by the Company and to advise the Minister if the Board considers that the Company has failed to comply with any condition or procedure;

    (i) to monitor the implementation by the Company of the provisions of the Agreement and to advise the Minister if the Board considers that the Company has failed to comply with any provision of the Agreement;

    (j) to advise the Minister on the future use and development of the stage 2 area;

    (k) subject to section 21(1), to direct and control any future development of the stage 2 area;

    (l) to advise the Minister on any future development of the development area; and

    (m) to inquire into and to advise the Minister on any matter relating to the Port Kennedy area on which the advice of the Board is sought by the Minister.

    (2) The Board shall have and may exercise such powers as are necessary for or incidental to the performance of its functions.

    (3) Where the Board notifies the Minister of its decision on any matter referred to in subsection (1) the Board shall also notify the Minister of any dissenting view expressed by a member or members in relation to that decision and recorded in the minutes of the meeting at which the decision was made.

    (4) In exercising its functions the Board shall, where practicable and in any case where the matter concerns the conservation, preservation or scientific values of the Port Kennedy area, ensure that there is adequate public consultation.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.