Please note: This is an extract from Hansard only. Hansard extracts are reproduced with permission from the Parliament of Western Australia.

Date: Wednesday, 14 June 2006

LAND INFORMATION AUTHORITY BILL 2006

Introduction and First Reading

Bill introduced, on motion by Mr J.C. Kobelke (Leader of the House) on behalf of Mrs M.H. Roberts (Minister for Land Information), and read a first time.
Explanatory memorandum presented by the minister.

Second Reading

MR J.C. KOBELKE (Balcatta - Leader of the House) [12.10 pm]: On behalf the Minister for Land Information, I move -
That the bill be now read a second time.
The purpose of the bill is to establish a statutory authority to undertake the government’s land titling, land information and land valuation functions. In addition, the authority will lead the commercial development of the state’s land information databases, which have acquired market value in recent years as a result of significant changes in technology and demand. Land information is a vital tool in the twenty-first century. It is used in many sectors and industries, including mining, agriculture, transport, land and property development, and planning, and it is critical to the operations of state and local government. These days, land information is high-tech: farmers use data from satellites to manage crop yields and steer their combine harvesters, while firefighters use sophisticated images and 3-D terrain models to manage bush fire emergencies. At the same time, thousands of Western Australians rely on accurate information about land ownership and property values to protect and grow their wealth.
Formation of the statutory authority will enable the government to better meet the state’s current and future needs for land information. The authority will continue the delivery of core government services in land titling, land information and land valuation. It will also expand the state’s innovative shared land information platform, which electronically links datasets held by different government agencies. The authority will be able to partner with the private sector to develop new products and services, and will have a commercial impetus to be more responsive to customer needs and technological change.

The Department of Land Information’s successful international consultancy program will also be expanded into markets in China, South East Asia and the Pacific region. These commercial activities will generate capital funds to replace essential but ageing systems, improve data quality, and provide faster and easier access to land information. Fees for registering and searching interests in land will remain regulated and subject to government’s fee-setting processes and the oversight of Parliament. Pricing of other goods and services will be governed by provisions in the bill that are modelled on current government policy for pricing land information and existing arrangements within government.

The proposal to establish the statutory authority arose from machinery of government reforms and has been the subject of extensive consultation and review with industry stakeholders, government agencies and the department’s staff during the past few years. The authority will replace the Department of Land Information.

Before turning to the bill, I wish to acknowledge the history of that department, which began life as the Survey Office of the Swan River Colony in 1829. It is fitting that an agency founded on exploration and mapping should be relaunched nearly two centuries later into the global digital age. I also acknowledge the former Office of the Valuer General and its contribution to the state’s prosperity and economic security. The office was merged with the department in 2001 to form a single land and property information agency that is the foundation of the new statutory authority.

The bill before the house is broad enabling legislation. It establishes the authority as a legal entity and provides for it to undertake the titling, information and valuation functions currently performed by the department. Legal authority for most of those functions is retained within existing legislation such as the Transfer of Land Act, Strata Titles Act and Valuation of Land Act. Amendment of these acts has been kept to a minimum.

The bill makes no change to the state’s guarantee of indefeasibility of title for people holding registered interests in land, and it does not change the roles of the statutory officers who oversee the accuracy and integrity of the land titling system. The processes for valuing land under the Valuation of Land Act, and the Valuer General’s role in ensuring that valuations are made independently and impartially, also do not change.

Part 1 of the bill contains generally standard clauses concerning the title of the act, its commencement, the terms used, and the bill’s relationship to other acts. Parts 2 and 3 provide the authority with a suitable legal structure and the functions and powers to undertake land titling, information and valuation activities. It also provides commercial powers to develop the state’s land information databases and to operate outside Western Australia. Part 2 confirms that the authority is to be within the public sector and subject to the administrative and policy requirements of government. It will also be subject to the operation of the Financial Administration and Audit Act and the Public Sector Management Act.

Part 4 provides the authority with a management and staff structure for its statutory and commercial performance requirements. Part 5 deals with accountability and financial matters, and contains provisions to ensure that the minister and Treasurer have sufficient control over the authority, and set targets for its operational and financial performance. Part 6 of the bill contains miscellaneous provisions, including standard clauses to protect persons dealing with the authority. Part 7 addresses transitional matters. This includes the transfer of staff of the department, other than the chief executive officer and senior executive officers who are to be transferred administratively. The existing remuneration and entitlements of all staff, and their continuity of employment, are not changed by the bill and will be dealt with administratively. Part 8 is largely procedural, dealing with amendments to other legislation that flow from the principles contained in this bill. This includes the transfer of some administrative responsibilities from statutory offices to the authority. Formation of the authority will ensure that Western Australia continues to be a world leader in the field of land information. I commend the bill to the house.

Debate adjourned, on motion by Dr S.C. Thomas.