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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Swan and Canning Rivers Management Amendment Bill 2014 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Swan and Canning Rivers Management Act 2006 amended 3. Act amended 3 4. Long title amended 3 5. Section 3 amended 3 6. Section 11 amended 4 7. Section 12 amended 5 8. Section 22A inserted 5 22A. CEO entitled to attend board meeting 5 9. Section 23 amended 5 10. Section 24 amended 7 11. Sections 26 and 27 replaced 7 28A. Assistance, staff and facilities to be provided 7 28B. Delegation by Trust 7 28C. Minister may give Trust directions 8 28D. Minister to have access to information 8 28E. Trust may appoint committees 9 28F. Execution of documents 9 28G. Annual report 10 12. Part 4A heading inserted 11 Part 4A -- Management of land and waters 13. Part 4B heading and Part 4B Division 1 heading inserted 11 72--1 page i Swan and Canning Rivers Management Amendment Bill 2014 Contents Part 4B -- Administration Division 1 -- Functions and powers of CEO 14. Sections 33 to 36 replaced 11 33. Functions of CEO 11 34. Consultation and matters to be considered by CEO 13 35. Consultation with local governments and Metropolitan Redevelopment Authority 14 36. Payment for advice and other matters 14 37. Collaborative arrangements 15 38. Delegation by CEO 16 15. Part 3 Division 3 deleted 17 16. Part 3 Division 4 heading replaced 18 Division 2 -- Inspectors 17. Section 39 amended 18 18. Part 3 Divisions 5 and 6 deleted 18 19. Section 49 replaced 18 49. Draft s. 47 regulations to be publicly notified 18 20. Section 55 amended 19 21. Section 56 amended 19 22. Section 57 amended 20 23. Section 58 replaced 20 58. Draft document to be publicly notified 20 24. Section 60 amended 21 25. Section 64 amended 21 26. Section 65 amended 22 27. Section 66 amended 22 28. Section 73 amended 23 29. Section 74 amended 24 30. Section 75 amended 24 31. Section 76 replaced 25 76. Report by CEO to Minister on proposed development 25 32. Section 77 amended 27 33. Section 79 amended 27 34. Section 85 amended 28 35. Section 86 replaced 28 86. CEO must give section 85 decision to Minister 28 36. Section 87 amended 28 37. Section 90 amended 29 38. Section 91 amended 30 page ii Swan and Canning Rivers Management Amendment Bill 2014 Contents 39. Section 98 amended 30 40. Section 116 amended 30 41. Section 117 amended 31 42. Section 118 amended 31 43. Section 123 amended 31 44. Section 129 replaced 32 129. Functions of Foundation 32 45. Section 131 amended 32 46. Section 132 amended 32 47. Section 135 amended 33 48. Part 11 inserted 33 Part 11 -- Transitional provisions for Swan and Canning Rivers Management Amendment Act 2014 138. Terms used 33 139. Completion of things commenced 34 140. Continuing effect of things done 34 141. Contracts, agreements and other instruments 35 142. Assignment to State or CEO 35 143. Swan River Trust Account 36 144. Registration of documents 37 145. Exemption from State taxation 38 146. Development applications 39 147. River protection notices 39 148. Transitional regulations 39 149. Interpretation Act 1984 not affected 41 49. Schedule 5 amended 41 50. Schedule 6 amended 41 51. Various references to "Trust" amended 41 52. Various references to "General Manager" amended 44 53. Other provisions amended 44 Part 3 -- Other Acts amended 54. Conservation and Land Management Act 1984 amended 48 37. Purpose 48 55. Financial Management Act 2006 amended 48 page iii Western Australia LEGISLATIVE ASSEMBLY Swan and Canning Rivers Management Amendment Bill 2014 A Bill for An Act to amend the Swan and Canning Rivers Management Act 2006, to make consequential amendments to other Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Swan and Canning Rivers Management Amendment Bill 2014 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Swan and Canning Rivers Management Amendment 4 Act 2014. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) sections 1 and 2 -- on the day on which this Act 8 receives the Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 3 1 Part 2 -- Swan and Canning Rivers Management 2 Act 2006 amended 3 3. Act amended 4 This Part amends the Swan and Canning Rivers Management 5 Act 2006. 6 4. Long title amended 7 In the long title: 8 (a) delete "with planning, protection and management 9 functions" and insert: 10 11 to provide advice and perform other functions 12 13 (b) delete "by the Trust and other persons". 14 5. Section 3 amended 15 (1) In section 3(1) delete the definitions of: 16 Account 17 General Manager 18 officer of the Trust 19 Trust website 20 (2) In section 3(1) insert in alphabetical order: 21 22 CALM Act means the Conservation and Land 23 Management Act 1984; 24 CEO means the chief executive officer of the 25 Department; 26 Department means the department of the Public 27 Service principally assisting in the administration of 28 the CALM Act; page 3 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 6 1 Department's website means a website maintained by 2 the Department; 3 Executive Body means the Conservation and Land 4 Management Executive Body established by the 5 CALM Act section 36; 6 7 6. Section 11 amended 8 (1) Delete section 11(1). 9 (2) Delete section 11(2)(a) and insert: 10 11 (a) a part of the catchment area and a part of the 12 Riverpark; and 13 14 (3) After section 11(7) insert: 15 16 (8A) Despite the Land Administration Act 1997, the placing 17 of the care, control and management of the River 18 reserve with the Trust is only for the purposes of 19 section 23 and does not otherwise limit the functions of 20 the CEO under section 33. 21 22 (4) In section 11(9): 23 (a) in paragraph (b)(i) delete "Marine Authority" and insert: 24 25 Marine Parks and Reserves Authority 26 27 (b) in paragraph (c)(i) after "Commission" insert: 28 29 of Western Australia 30 page 4 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 7 1 7. Section 12 amended 2 (1) In section 12(2) after "other structure on" insert: 3 4 that part of 5 6 (2) In section 12(7) delete "Division 2." and insert: 7 8 Division 2 or the powers of the CEO under Part 4B Division 1. 9 10 8. Section 22A inserted 11 After section 21 insert: 12 13 22A. CEO entitled to attend board meeting 14 The CEO, or a nominee of the CEO, is entitled to 15 attend any meeting of the board and to take part in the 16 consideration and discussion of any matter before a 17 meeting, but cannot vote on any matter. 18 19 9. Section 23 amended 20 In section 23: 21 (a) delete paragraphs (a), (b) and (c) and insert: 22 23 (a) subject to sections 11(8A) and 33, to have 24 placed with it the care, control and management 25 of the River reserve; 26 (ab) to develop policies -- 27 (i) for the protection and enhancement of 28 the ecological and community benefits 29 and amenity of the development control 30 area and for the control of activities and 31 development in that area; and page 5 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 9 1 (ii) for the protection and enhancement of 2 the ecological and community benefits 3 and amenity of the Riverpark and the 4 Riverpark shoreline; 5 and 6 7 (b) delete paragraphs (e) and (f) and insert: 8 9 (e) in accordance with Part 4, to prepare and deal 10 with proposed strategic documents under this 11 Act; and 12 (fa) to promote the implementation of strategic 13 documents and establish mechanisms for 14 monitoring compliance for the purpose of 15 reporting and making recommendations under 16 section 66; and 17 (fb) in accordance with Part 5, to advise the CEO on 18 matters relating to development in the 19 development control area; and 20 (f) to advise the CEO on and promote the activities 21 of other bodies that have functions in relation to 22 the catchment area, insofar as those functions 23 may affect the Riverpark; and 24 25 (c) in paragraph (g) delete "monitor and"; 26 (d) in paragraph (h) delete "and assistance"; 27 (e) delete paragraph (i); 28 (f) in paragraph (k) after "under" insert: 29 30 this Act or 31 32 (g) delete paragraph (l). page 6 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 10 1 10. Section 24 amended 2 Delete section 24(2) and (3) and insert: 3 4 (2) The Trust may, with the approval of the Minister, 5 engage persons under contracts for services to provide 6 any professional, technical or other assistance that the 7 Trust considers necessary for the performance of its 8 functions under this Act. 9 (3) An approval of the Minister under subsection (2) may 10 be specific or may be given in general terms. 11 12 11. Sections 26 and 27 replaced 13 Delete sections 26 and 27 and insert: 14 15 28A. Assistance, staff and facilities to be provided 16 The CEO must provide the Trust -- 17 (a) with any assistance it may reasonably require to 18 perform its functions; and 19 (b) without limiting paragraph (a), with any staff 20 and facilities of the Department as the Trust 21 may reasonably require to perform its 22 functions. 23 28B. Delegation by Trust 24 (1) In subsection (2) -- 25 eligible person means -- 26 (a) a member; 27 (b) a committee or a member of the committee; 28 (c) the CEO; 29 (d) a member of staff provided under section 28A. page 7 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 11 1 (2) The Trust may, by resolution, delegate to an eligible 2 person any function of the Trust under another 3 provision of this Act or any other written law. 4 (3) A delegate must not further delegate any function. 5 (4) A person exercising or performing a function that has 6 been delegated to the person under this section is to be 7 taken to do so in accordance with the terms of the 8 delegation unless the contrary is shown. 9 (5) Nothing in this section limits the ability of the Trust to 10 perform a function through an officer or agent. 11 (6) This section does not apply to the execution of 12 documents but the authority to execute documents on 13 behalf of the Trust can be given under section 28F. 14 28C. Minister may give Trust directions 15 (1) The Minister may give written directions to the Trust 16 with respect to the exercise or performance of its 17 functions, either generally or in relation to a particular 18 matter, and the Trust must give effect to any such 19 direction. 20 (2) The text of a direction under subsection (1) must be 21 included in the annual report of the Trust under 22 section 28G. 23 28D. Minister to have access to information 24 (1) In this section -- 25 document includes any tape, disk or other device or 26 medium on which information is recorded or stored; 27 information means information specified, or of a 28 description specified, by the Minister that relates to the 29 functions of the Trust; 30 staff means staff provided under section 28A. page 8 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 11 1 (2) The Minister is entitled to have information in the 2 possession of the Trust and, if the information is in or 3 on a document, to have, and make and retain copies of, 4 that document. 5 (3) For the purposes of subsection (2) the Minister may -- 6 (a) request the Trust to provide information to the 7 Minister; and 8 (b) request the Trust to give the Minister access to 9 information; and 10 (c) for the purposes of paragraph (b) make use of 11 staff to obtain the information and provide it to 12 the Minister. 13 (4) The Trust must comply with a request under 14 subsection (3) and make staff and facilities available to 15 the Minister for the purposes of paragraph (c) of that 16 subsection. 17 28E. Trust may appoint committees 18 (1) The Trust may appoint committees to assist it in the 19 performance of its functions, and may discharge or 20 alter any committee so appointed. 21 (2) A committee may include persons who are not 22 members of the board. 23 (3) Subject to the directions of the Trust and to the terms 24 of any delegation under section 28B, a committee may 25 determine its own procedures. 26 28F. Execution of documents 27 (1) The Trust is to have a common seal. 28 (2) A document is duly executed by the Trust if -- 29 (a) the common seal of the Trust is affixed to it in 30 accordance with subsections (3) and (4); or page 9 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 11 1 (b) it is signed on behalf of the Trust by a person or 2 persons authorised to do so under 3 subsection (5). 4 (3) The common seal of the Trust must not be affixed to 5 any document except as authorised by the Trust. 6 (4) The common seal of the Trust must be affixed to a 7 document in the presence of the chairman and another 8 member, or the chairman and a person employed in the 9 Department authorised by the Trust either generally or 10 in any particular case to be so present, and each of 11 them must sign the document to attest that the common 12 seal was so affixed. 13 (5) The Trust may, by writing under its common seal, 14 authorise a member or members or a person or persons 15 employed in the Department to sign documents on 16 behalf of the Trust, either generally or subject to such 17 conditions or restrictions as are specified in the 18 authorisation. 19 (6) A document purporting to be executed in accordance 20 with this section is to be presumed to be duly executed 21 until the contrary is shown. 22 (7) A document executed by a person under this section 23 without the common seal of the Trust is not to be 24 regarded as a deed unless the person executes it as a 25 deed and is authorised under subsection (5) to do so. 26 (8) When a document is produced bearing a seal 27 purporting to be the common seal of the Trust, it is to 28 be presumed that the seal is the common seal of the 29 Trust until the contrary is shown. 30 28G. Annual report 31 (1) Despite the Financial Management Act 2006, the Trust 32 must, not later than 30 November in each year, prepare page 10 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 12 1 and give to the Minister a report on its proceedings for 2 the year ending on the preceding 30 June. 3 (2) The Minister must cause the report to be laid before 4 each House of Parliament as soon as is practicable after 5 receipt by the Minister. 6 7 12. Part 4A heading inserted 8 Before section 28 insert: 9 10 Part 4A -- Management of land and waters 11 12 13. Part 4B heading and Part 4B Division 1 heading inserted 13 After section 32 insert: 14 15 Part 4B -- Administration 16 Division 1 -- Functions and powers of CEO 17 18 14. Sections 33 to 36 replaced 19 Delete sections 33, 34, 35 and 36 and insert: 20 21 33. Functions of CEO 22 (1) The functions of the CEO under this Act are as 23 follows -- 24 (a) to manage -- 25 (i) the River reserve; and 26 (ii) the Riverpark shoreline, either solely or 27 jointly with another person; page 11 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 14 1 (b) to protect and enhance the ecological and 2 community benefits and amenity of the 3 development control area and control activities 4 and development in that area; 5 (c) to protect and enhance the ecological and 6 community benefits and amenity of the 7 Riverpark; 8 (d) to carry out works and provide facilities for the 9 purposes of protecting and enhancing the 10 ecological and community benefits and amenity 11 of the Riverpark; 12 (e) to coordinate the development and 13 implementation of strategic documents under 14 this Act, including the strategic documents 15 applicable to the catchment area; 16 (f) to monitor -- 17 (i) the state of the development control 18 area; and 19 (ii) development on and adjoining the 20 development control area; 21 (g) to provide assistance to planning authorities so 22 that, in relation to the Riverpark, proper 23 provision is made in planning schemes for -- 24 (i) the reservation of land for protection, 25 and future acquisition, of river 26 foreshores; and 27 (ii) protection and public use of land and 28 waters; and 29 (iii) protection of wildlife habitat; 30 (h) to provide advice to the Western Australian 31 Planning Commission on State planning 32 policies and planning scheme provisions 33 relating to any matter within its functions, and page 12 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 14 1 to publish other statements of policy relating to 2 any matter within the CEO's functions; 3 (i) to provide the Trust with assistance, staff and 4 facilities under section 28A; 5 (j) to otherwise undertake the administration and 6 enforcement of this Act and perform other 7 functions vested in the CEO by this Act. 8 (2) Nothing in subsection (1) is to be read as limiting the 9 functions of the Trust under section 23. 10 34. Consultation and matters to be considered by CEO 11 The CEO must, so far as is practicable and consistent 12 with this Act -- 13 (a) consult and collaborate with persons that are 14 affected in a material way by the performance 15 of the CEO's functions under this Act; and 16 (b) have regard, in the performance of his or her 17 functions, to -- 18 (i) protection and enhancement of the 19 ecological and community benefits and 20 amenity of the development control area 21 and the Riverpark; and 22 (ii) the significance of the waters in the 23 Riverpark to the Nyungah community; 24 and 25 (iii) the requirements of public recreation; 26 and 27 (iv) the need to preserve right of access for 28 the public to waters in the Riverpark; 29 and 30 (v) the interests of navigation, fisheries, 31 agriculture and water supply. page 13 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 14 1 35. Consultation with local governments and 2 Metropolitan Redevelopment Authority 3 (1) If it appears to the CEO that a measure proposed to be 4 taken by the CEO, not being a matter to which Part 4 5 applies or a development to which Part 5 applies, is one 6 that affects or is likely to affect the interests of a local 7 government referred to in Schedule 7 or the 8 Metropolitan Redevelopment Authority, in a material 9 way, the CEO must refer the proposal to the local 10 government or the Metropolitan Redevelopment 11 Authority. 12 (2) If a proposal is referred to it, a local government or the 13 Metropolitan Redevelopment Authority may make 14 submissions to the CEO on the proposal. 15 (3) The CEO must have regard to those submissions -- 16 (a) in any report, advice or recommendation that 17 the CEO intends to submit to the Minister on 18 the proposal; and 19 (b) if the CEO undertakes the proposal. 20 (4) The local government or the Metropolitan 21 Redevelopment Authority must be notified of any 22 decision in respect of the proposal -- 23 (a) by the Minister, in the case of a decision by the 24 Minister; and 25 (b) by the CEO, in the case of a decision by the 26 CEO. 27 36. Payment for advice and other matters 28 Any arrangement made by the CEO for the provision 29 of advice, performance or work or supply of services or 30 facilities by the CEO may, with the approval of the 31 Minister, provide for an agreed amount by way of page 14 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 14 1 payment to the CEO for the advice, work or services or 2 the use of the facilities. 3 37. Collaborative arrangements 4 (1) Subject to this section, the CEO may enter into a 5 collaborative arrangement with any other person -- 6 (a) binding that person to undertake programmes 7 of a kind specified in the arrangement and 8 directed towards protection and enhancement of 9 the ecological and community benefits and 10 amenity of the Riverpark or any part of the 11 Riverpark; or 12 (b) providing for measures to be taken jointly with 13 that person relating to any matter that is within 14 the functions of the CEO and that other person. 15 (2) The term of a collaborative arrangement must not 16 exceed 5 years but on its expiry a further collaborative 17 arrangement may be made. 18 (3) A collaborative arrangement under this section may 19 contain terms providing for any matter that the CEO 20 considers appropriate for securing the objectives of this 21 Act, including terms -- 22 (a) providing for measures to be taken jointly by 23 the parties to the arrangement; and 24 (b) binding the CEO to provide financial or other 25 assistance of any kind to the other party or 26 parties or any of them; and 27 (c) relating to the objectives and performance 28 standards to be met by a party other than the 29 CEO; and 30 (d) requiring a party to report to the CEO in 31 relation to the party's obligations under the 32 agreement; and 33 (e) as to the monitoring functions of the CEO; and page 15 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 14 1 (f) as to the means by which disputes under the 2 arrangement may be dealt with; and 3 (g) as to procedures for varying and enforcing the 4 arrangement. 5 (4) The CEO must not enter into a collaborative 6 arrangement under this section except with the prior 7 approval of the Minister. 8 (5) For the purposes of subsection (4) the Minister may 9 approve a specific collaborative arrangement or class 10 of collaborative arrangement. 11 (6) A collaborative arrangement does not have effect to 12 relieve a party to the arrangement from any duty under 13 this or any other Act, and any obligations imposed 14 under such an arrangement have effect in addition to 15 and not in derogation of the requirements imposed by 16 or under this or any other Act. 17 38. Delegation by CEO 18 (1) In subsection (2) -- 19 eligible person means -- 20 (a) a member; 21 (b) a committee or a member of the committee; 22 (c) a person employed in the Department; 23 (d) an inspector; 24 (e) a public authority or a member or officer of a 25 public authority or a member of the council of, 26 or an employee of, a local government. 27 (2) Subject to subsection (3), the CEO may delegate to an 28 eligible person any function of the CEO under another 29 provision of this Act. 30 (3) The delegation must be in writing signed by the CEO. page 16 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 15 1 (4) The delegation of a function conferred on the CEO 2 under Part 5 does not take effect unless notice of the 3 delegation is published in the Gazette. 4 (5) The CEO may in a delegation under subsection (2) 5 empower a public authority to subdelegate a function 6 delegated to it under this section to -- 7 (a) in the case of a public authority that is not a 8 local government -- a committee of, a member 9 of, or an officer of, the authority; or 10 (b) in the case of a local government -- the council 11 of, a committee of, or an employee of, the local 12 government, or a member of the council of the 13 local government. 14 (6) Except as provided in subsection (5), a delegate or 15 subdelegate must not further delegate any function. 16 (7) A person exercising or performing a function that has 17 been delegated to the person under this section is to be 18 taken to do so in accordance with the terms of the 19 delegation unless the contrary is shown. 20 (8) Nothing in this section limits the ability of the CEO to 21 perform a function through an officer or agent. 22 (9) Without limiting the things that may be delegated 23 under subsection (2), they may include things that are 24 to be done in the course of governing the affairs of the 25 Executive Body under the CALM Act section 36(4). 26 27 15. Part 3 Division 3 deleted 28 Delete Part 3 Division 3. page 17 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 16 1 16. Part 3 Division 4 heading replaced 2 Delete the heading to Part 3 Division 4 and insert: 3 4 Division 2 -- Inspectors 5 6 17. Section 39 amended 7 Delete section 39(1) and insert: 8 9 (1) The CEO may, by instrument in writing, designate any 10 person employed in the Department or any officer of a 11 public authority as an inspector. 12 13 18. Part 3 Divisions 5 and 6 deleted 14 Delete Part 3 Divisions 5 and 6. 15 19. Section 49 replaced 16 Delete section 49 and insert: 17 18 49. Draft s. 47 regulations to be publicly notified 19 (1) Public notification that draft regulations in relation to a 20 matter referred to in section 47 have been prepared 21 must be given in accordance with subsection (2). 22 (2) The draft regulations must be publicly notified by the 23 publication of a notice -- 24 (a) in the Gazette; and 25 (b) in 2 issues of a daily newspaper circulating 26 throughout the State. page 18 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 20 1 (3) The notice must -- 2 (a) specify the places at which copies of the draft 3 regulations may be inspected and obtained and 4 the Department's website address; and 5 (b) state the effect of section 50 and specify the 6 period referred to in that section. 7 (4) The CEO may fix and charge a fee for supplying a 8 copy of the draft regulations. 9 10 20. Section 55 amended 11 In section 55(2): 12 (a) in paragraph (c) delete "document." and insert: 13 14 document; and 15 16 (b) after paragraph (c) insert: 17 18 (d) the CEO has been consulted as to whether the 19 document should be approved as a strategic 20 document. 21 22 21. Section 56 amended 23 In section 56(1) delete "prepared --" and insert: 24 25 prepared through the agency of the CEO -- 26 page 19 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 22 1 22. Section 57 amended 2 In section 57 delete "must consult --" and insert: 3 4 through the agency of the CEO must consult -- 5 6 23. Section 58 replaced 7 Delete section 58 and insert: 8 9 58. Draft document to be publicly notified 10 (1) Public notification that a draft river protection strategy 11 or management programme has been prepared must be 12 given in accordance with subsection (2). 13 (2) The draft river protection strategy or management 14 programme must be publicly notified by the 15 publication of a notice -- 16 (a) in the Gazette; and 17 (b) in 2 issues of a daily newspaper circulating 18 throughout the State. 19 (3) The notice must -- 20 (a) specify the places at which copies of the draft 21 document may be inspected and obtained and 22 the Department's website address; and 23 (b) state the effect of section 59 and specify the 24 period referred to in that section. 25 (4) The CEO may fix and charge a fee for supplying a 26 copy of the draft documents. 27 page 20 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 24 1 24. Section 60 amended 2 In section 60(1): 3 (a) delete "by the Trust"; 4 (b) delete "referred by it to any other public authority, 5 person or body." and insert: 6 7 referred to any other public authority, person or body the 8 Trust thinks fit. 9 10 25. Section 64 amended 11 (1) In section 64(1) after "prepare" insert: 12 13 through the agency of the CEO 14 15 (2) In section 64(2) delete "it may" and insert: 16 17 it may, with the approval of the Minister, 18 19 (3) After section 64(2) insert: 20 21 (3A) If the Minister refuses to approve the continuation in 22 force of the river protection strategy or management 23 programme without amendment, the river protection 24 strategy or management programme ceases to be of 25 effect. 26 (3B) The Trust must notify the CEO of any determination 27 made under subsection (2). 28 page 21 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 26 1 (4) In section 64(3): 2 (a) in paragraph (b) after "amendments to" insert: 3 4 or revision of 5 6 (b) in paragraph (c) after "the amendment" insert: 7 8 to or revision 9 10 (5) After section 64(3) insert: 11 12 (4) Subject to compliance with this section, a river 13 protection strategy or a management programme may 14 be revoked and a revised river protection strategy or a 15 revised management programme substituted for it. 16 17 26. Section 65 amended 18 Delete section 65(1) and insert: 19 20 (1) The CEO must perform his or her functions under this 21 Act in accordance with the strategic documents. 22 23 27. Section 66 amended 24 Delete section 66(4) and insert: 25 26 (4) Any report under subsection (1) must be included in 27 the annual report of the Trust under section 28G. 28 page 22 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 28 1 28. Section 73 amended 2 Delete section 73(1) and (2) and insert: 3 4 (1) The CEO must by notice in writing refer a 5 development application and information and 6 documents relating to the proposed development to the 7 following -- 8 (a) each local government for which the 9 development appears to the CEO to be a 10 relevant matter; 11 (b) the Metropolitan Redevelopment Authority if 12 the development appears to the CEO to be a 13 relevant matter; 14 (c) each other public authority that appears to the 15 CEO to have functions that are relevant to the 16 proposed development; 17 (d) if the development is proposed to be carried out 18 on land in the Swan Valley, the Swan Valley 19 Planning Committee. 20 (2A) A relevant matter for a local government is one that 21 relates to a development or proposed development in a 22 part of the development control area that is in or 23 adjoins the district of that local government. 24 (2B) A relevant matter for the Metropolitan Redevelopment 25 Authority is one that relates to a development or 26 proposed development in a redevelopment area as 27 defined in the Metropolitan Redevelopment Authority 28 Act 2011 section 3. 29 (2) Each of the entities to which particulars are referred 30 under subsection (1) and, where particulars are referred 31 to the Swan Valley Planning Committee, that 32 committee, may make submissions on the proposed 33 development to the CEO. 34 page 23 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 29 1 29. Section 74 amended 2 (1) Delete section 74(1) and insert: 3 4 (1) The CEO must publish on the Department's website 5 notice of each development application the CEO 6 receives. 7 8 (2) In section 74(2): 9 (a) delete "approved by the Trust," and insert: 10 11 approved by the CEO, 12 13 (b) in paragraph (c) delete "chairman" (each occurrence) 14 and insert: 15 16 CEO 17 18 (c) delete paragraph (d). 19 30. Section 75 amended 20 Delete section 75(2) and (3) and insert: 21 22 (2) The CEO, in preparing a report under this section, must 23 consider all submissions received by the CEO under 24 sections 73 and 74. 25 (3A) The CEO must give a copy of the draft report to the 26 Trust and the Trust must, not later than 28 days after 27 being given the report, provide its comments and 28 recommendations to the CEO. page 24 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 31 1 (3) After receiving the comments and recommendations of 2 the Trust and making such changes to the draft report 3 as the CEO thinks appropriate, the CEO must -- 4 (a) give a copy of the draft report, with an 5 invitation to make submissions to the CEO on 6 the draft report, to -- 7 (i) the applicant; and 8 (ii) the Trust and each local government and 9 other public authority to which notice 10 was given under section 73(1) and 11 where notice was given to the Swan 12 Valley Planning Committee, that 13 committee; and 14 (iii) each person who made a submission 15 under section 74(5); 16 and 17 (b) publish the draft report on the Department's 18 website and in any other way the CEO 19 considers appropriate, with an invitation to the 20 public to make submissions to the CEO on the 21 draft report. 22 23 31. Section 76 replaced 24 Delete section 76 and insert: 25 26 76. Report by CEO to Minister on proposed 27 development 28 (1) The CEO, after considering any submissions made 29 under section 75 and making such changes to the report 30 as the CEO considers appropriate, may give a copy of 31 the report to the Trust and in that case the Trust must, 32 not later than 28 days after being given the report, 33 provide its final comments to the CEO. page 25 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 31 1 (2) The CEO, after considering any submissions made 2 under section 75 and comments made under 3 subsection (1) and making such changes to the report 4 as the CEO considers appropriate, must -- 5 (a) give a copy of the report to the following -- 6 (i) the Minister; 7 (ii) the Trust; 8 (iii) each public authority to which the draft 9 report was given under section 75 and 10 where notice was given to the Swan 11 Valley Planning Committee, that 12 committee; 13 (iv) each person who made a submission 14 under section 75; 15 and 16 (b) publish the report on the Department's website 17 and in any other way the CEO considers 18 appropriate. 19 (3) A report to the Minister under subsection (2)(a)(i) must 20 be accompanied by the following -- 21 (a) a copy of each submission made under 22 section 73(1), 74 or 75 in relation to the 23 application or draft report; 24 (b) a copy of any comments or recommendations 25 made by the Trust under section 75(3A) or 26 subsection (1) of this section in relation to the 27 application or draft report; 28 (c) the CEO's comments on the submissions. 29 page 26 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 32 1 32. Section 77 amended 2 (1) Delete section 77(1)(b)(i) and insert: 3 4 (i) return the application to the CEO and 5 direct the CEO to reconsider the CEO's 6 recommendations within such period as 7 the Minister may specify; or 8 9 (2) Delete section 77(2) and (3) and insert: 10 11 (2) If the Minister gives a direction to the CEO under 12 subsection (1)(b)(i) -- 13 (a) the CEO must consult with the Trust in an 14 endeavour to resolve any question in issue; and 15 (b) the Minister may also direct the CEO to consult 16 with the applicant and any other person the 17 Minister directs in an endeavour to resolve any 18 question in issue. 19 (3) The CEO must comply with any direction given under 20 this section. 21 22 33. Section 79 amended 23 Delete section 79(2) and insert: 24 25 (2) The CEO, after consultation with the Trust, may make 26 submissions to a review committee. 27 28 Note: The heading to amended section 79 is to read: 29 Review committee's functions as to CEO's recommendations page 27 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 34 1 34. Section 85 amended 2 Delete section 85(2) and insert: 3 4 (2) If the CEO is authorised under subsection (1) to 5 approve a development, the CEO may decide to do so 6 and in that case -- 7 (a) sections 73, 74, 75 and 76(1) and (2) apply in 8 relation to the development application; and 9 (b) sections 76(3), 77, 78 and 79 do not apply in 10 relation to the development application; and 11 (c) the CEO may, subject to section 80(2), exercise 12 any power described in section 80(1), (3) or (4). 13 14 35. Section 86 replaced 15 Delete section 86 and insert: 16 17 86. CEO must give section 85 decision to Minister 18 (1) The CEO must give to the Minister a copy of each 19 decision the CEO makes under section 85 in relation to 20 an application. 21 (2) The report must be accompanied by the report made by 22 the CEO under section 75 in relation to the application. 23 24 36. Section 87 amended 25 (1) In section 87(2): 26 (a) before paragraph (a)(i) insert: 27 28 (ia) the CEO; and 29 page 28 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 37 1 (b) delete paragraph (b) and insert: 2 3 (b) published on the Department's website and in 4 any other way the CEO considers appropriate. 5 6 (2) Delete section 87(3)(a) and insert: 7 8 (a) the CEO must give to the Minister the 9 submissions and comments given to the CEO in 10 respect of the application under sections 75 and 11 76 as applied by section 85(2)(a); and 12 13 37. Section 90 amended 14 Delete section 90(1) and insert: 15 16 (1) If the CEO believes on reasonable grounds that, to 17 protect or enhance the ecological and community 18 benefits or amenity of the Riverpark -- 19 (a) action by an owner, or both an owner and an 20 occupier, of land in the catchment area is 21 required; or 22 (b) an owner, or both an owner and an occupier, of 23 land in the catchment area should refrain from 24 action on that land, 25 the CEO may request advice from the Trust as to 26 whether a river protection notice should be issued in 27 relation to that action. 28 (2A) The Trust must provide the advice not later than 29 28 days after the request is made. 30 31 Note: The heading to amended section 90 is to read: 32 CEO may request advice from Trust on issue of river protection 33 notice page 29 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 38 1 38. Section 91 amended 2 Delete section 91(1) and insert: 3 4 (1) The CEO may issue a river protection notice if, after 5 considering the advice of the Trust given under 6 section 90 and giving each person to whom it is 7 proposed to give the river protection notice a 8 reasonable opportunity to show cause in writing why 9 the river protection notice should not be issued, the 10 CEO is satisfied that the notice should be issued. 11 12 Note: The heading to amended section 91 is to read: 13 Issue of notice by CEO 14 39. Section 98 amended 15 Delete section 98(4)(b) and insert: 16 17 (b) must not exceed an amount that, in the opinion 18 of the CEO, represents a reasonable estimate of 19 the total likely costs that might be incurred in 20 taking action under sections 102 and 103 in 21 relation to that river protection notice. 22 23 40. Section 116 amended 24 Delete section 116(5) and insert: 25 26 (5) If a person fails to comply with a notice given to the 27 person under subsection (1)(b), the CEO may cause the 28 development to be removed, pulled down, taken up or 29 altered. 30 (6) The CEO may recover in a court of competent 31 jurisdiction from the person who failed to comply with page 30 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 41 1 the notice the costs incurred under subsection (5) in 2 removing, pulling down, taking up or altering a 3 development. 4 5 41. Section 117 amended 6 Delete section 117(7) and insert: 7 8 (7) The proceeds of sale referred to in subsection (6) must 9 be paid into the Consolidated Account at the expiration 10 of 12 months from the date of the sale unless within 11 that time a person proves to the satisfaction of the CEO 12 that that person is entitled to them or any part of them, 13 in which case the CEO must pay the proceeds or part of 14 the proceeds in accordance with that entitlement. 15 16 42. Section 118 amended 17 Delete section 118(8) and insert: 18 19 (8) Any costs recovered under this section must be paid 20 into the Consolidated Account. 21 22 43. Section 123 amended 23 (1) In section 123(3)(c) delete "the Trust" and insert: 24 25 an authorised person 26 27 (2) Delete section 123(10) and insert: 28 29 (10) The CEO may, in writing, appoint persons or classes of 30 persons to be authorised persons for the purposes of page 31 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 44 1 subsection (3)(c), (5) or (7), but an inspector who gives 2 an infringement notice is not eligible to be appointed as 3 an authorised person for the purposes of any of those 4 subsections in relation to that notice. 5 6 44. Section 129 replaced 7 Delete section 129 and insert: 8 9 129. Functions of Foundation 10 The functions of the Foundation are -- 11 (a) to attract and retain continuing public interest 12 and financial support for the objectives of the 13 Act; and 14 (b) to encourage donations to facilitate the 15 achievement of the objectives of the Act. 16 17 45. Section 131 amended 18 Delete section 131(3)(b) and insert: 19 20 (b) may be transferred to an operating account of 21 the Department for the purposes of carrying this 22 Act into effect or otherwise applied for the 23 purposes of the Act or the Foundation. 24 25 46. Section 132 amended 26 After section 132(1) insert: 27 28 (2A) The CEO must consult the Trust before making a 29 recommendation under subsection (1). 30 page 32 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 47 1 47. Section 135 amended 2 (1) Delete section 135(1) and (2) and insert: 3 4 (1) An action in tort does not lie against a person for 5 anything that the person has done, in good faith in the 6 performance or purported performance of a function 7 under this Act. 8 9 (2) In section 135(3) delete "subsection (2)" and insert: 10 11 subsection (1) 12 13 (3) In section 135(4) delete "subsection (2)," and insert: 14 15 subsection (1), 16 17 48. Part 11 inserted 18 After Part 10 insert: 19 20 Part 11 -- Transitional provisions for Swan and 21 Canning Rivers Management Amendment 22 Act 2014 23 138. Terms used 24 In this Part -- 25 amended Act means this Act as amended by the Swan 26 and Canning Rivers Management Amendment Act 2014 27 Part 2; page 33 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 48 1 assets -- 2 (a) means any legal or equitable estate or interests 3 (whether present or future, whether vested or 4 contingent and whether personal or assignable) 5 in real or personal property of any description; 6 and 7 (b) includes money, securities, choses in action and 8 documents; 9 commencement day means the day on which the Swan 10 and Canning Rivers Management Amendment Act 2014 11 section 9 comes into operation; 12 former Act means this Act as in force immediately 13 before the commencement day; 14 liability means any liability, duty or obligation whether 15 actual, contingent or prospective, liquidated or 16 unliquidated, or whether owed alone or jointly or 17 jointly and severally with any other person; 18 right means any right, power, privilege or immunity 19 whether actual, prospective or contingent; 20 this Part includes regulations made under 21 section 148(2). 22 139. Completion of things commenced 23 Anything commenced to be done by the Trust or the 24 General Manager before the commencement day may 25 be continued by the CEO so far as the doing of that 26 thing is within the functions of the CEO. 27 140. Continuing effect of things done 28 (1) Anything done or omitted to be done before the 29 commencement day by, to or in respect of the Trust or 30 the General Manager, to the extent that it -- 31 (a) has any force or significance; and page 34 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 48 1 (b) is a thing that could be done or omitted to be 2 done by the CEO under the amended Act, 3 is to be taken to have been done or omitted by, to or in 4 respect of the CEO. 5 (2) Without limiting subsection (1), a licence granted or 6 permit issued by the Trust that has effect immediately 7 before the commencement day continues to have 8 effect, on and after that day, as if it had been granted or 9 issued by the CEO. 10 141. Contracts, agreements and other instruments 11 (1) Any contract, agreement or other instrument subsisting 12 immediately before the commencement day -- 13 (a) to which the Trust was a party; or 14 (b) which contains a reference to the Trust, 15 has effect on and after the commencement day, to the 16 extent to which the contract, agreement or other 17 instrument relates to the functions of the CEO under 18 the amended Act, as if -- 19 (c) the CEO were substituted for the Trust as a 20 party to the agreement or instrument; and 21 (d) any reference in the contract, agreement or 22 instrument were, unless the context otherwise 23 requires, amended to be or include a reference 24 to the CEO. 25 (2) Nothing in this section affects the operation of 26 sections 11 or 23(a). 27 142. Assignment to State or CEO 28 (1) On the commencement day -- 29 (a) the assets of the Trust are, by operation of this 30 section, assigned to and become assets of the 31 State to be administered in the Department; and page 35 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 48 1 (b) the liabilities of the Trust are, by operation of 2 this section, assigned to and become liabilities 3 of the CEO acting on behalf of, and in the name 4 of, the State; and 5 (c) the CEO acting on behalf of, and in the name 6 of, the State is substituted for the Trust as a 7 party to all proceedings in which the Trust was 8 a party immediately before the commencement 9 day; and 10 (d) any proceeding or remedy that might have been 11 commenced by, or available against or to, the 12 Trust in relation to the assets and liabilities 13 assigned by paragraphs (a) and (b) may be 14 commenced by, or are available against or to 15 the CEO acting on behalf of, and in the name 16 of, the State; and 17 (e) anything done or omitted to be done in relation 18 to the assets and liabilities assigned by 19 paragraphs (a) and (b) before the assignment, 20 by, to or in respect of the Trust (to the extent 21 that that thing has any effect) is to be taken to 22 have been done or omitted by, to or in respect 23 of the CEO acting on behalf of, and in the name 24 of, the State. 25 (2) As soon as is practicable after the commencement day, 26 all records and data of the Trust are to be delivered to 27 the CEO. 28 (3) Nothing in this section affects the operation of 29 sections 11 or 23(a). 30 143. Swan River Trust Account 31 (1) In this section -- 32 former account means the Swan River Trust Account 33 referred to in section 42 of the former Act. page 36 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 48 1 (2) On the commencement day, any moneys standing to 2 the credit of the former account must be credited to an 3 operating account of the Department, and the former 4 account must then be closed. 5 (3) Moneys referred to in subsection (2) may be applied -- 6 (a) in the payment of any liabilities of the former 7 account arising before the commencement day; 8 and 9 (b) for the purposes of this Act. 10 (4) The operating account referred to in subsection (2) 11 must be credited with any moneys payable to the 12 former account before the commencement day that is 13 paid on or after that day. 14 (5) If in an agreement, instrument or other document there 15 is a reference to the former account, that reference is, 16 unless the context otherwise requires, to be read or to 17 have effect from the commencement day as if it were a 18 reference to the operating account referred to in 19 subsection (2). 20 144. Registration of documents 21 (1) In this section -- 22 relevant official means -- 23 (a) the Registrar of Titles; or 24 (b) the Registrar of Deeds and Titles; or 25 (c) any other person authorised by a written law to 26 record and give effect to the registration of 27 documents relating to property transactions, 28 according to which, if any, of them has responsibility 29 for a register relating to the relevant property; 30 relevant property means property of a kind affected by 31 this Part, whether it is an estate or interest in land or 32 other property. page 37 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 48 1 (2) The relevant officials are to take notice of this Part and 2 are to record and register in the appropriate manner the 3 documents necessary to show the effect of this Part. 4 145. Exemption from State taxation 5 (1) In this section -- 6 State tax includes -- 7 (a) duty chargeable under the Duties Act 2008; and 8 (b) any other tax, duty, fee, levy or charge, under a 9 law of the State. 10 (2) State tax is not payable in relation to -- 11 (a) anything that occurs by operation of this Part; 12 or 13 (b) anything done (including a transaction entered 14 into or an instrument or document of any kind 15 made, executed, lodged or given) under this 16 Part, or to give effect to this Part, or for a 17 purpose connected with or arising out of giving 18 effect to this Part. 19 (3) The Minister may certify in writing that -- 20 (a) a specified thing occurred by operation of this 21 Part; or 22 (b) a specified thing was done under this Part, or to 23 give effect to this Part, or for a purpose 24 connected with or arising out of giving effect to 25 this Part. 26 (4) For all purposes and in all proceedings, a certificate 27 under subsection (3) is sufficient evidence of the 28 matters it certifies, except so far as the contrary is 29 shown. page 38 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 48 1 146. Development applications 2 If, on the commencement day, a development 3 application made under Part 5 of the former Act has 4 not been decided, the CEO must perform the functions 5 that the Trust would have performed under the former 6 Act in relation to the application. 7 147. River protection notices 8 (1) If procedures for issuing a river protection notice have 9 commenced under section 90 before the 10 commencement day but the notice has not been issued 11 under section 91 before that day, the CEO may act 12 under section 91 of the amended Act as if -- 13 (a) any action taken by the General Manager under 14 section 90(3) of the former Act was action 15 taken by the CEO under section 90(3) of the 16 amended Act; and 17 (b) the report and recommendation given by the 18 General Manager was the advice of the Trust; 19 and 20 (c) any information given under section 91 to a 21 person to whom it is proposed to give the notice 22 was given by the CEO. 23 (2) On and after the commencement day, any reference in 24 a river protection notice to the Trust has effect as if it 25 were a reference to the CEO. 26 148. Transitional regulations 27 (1) In this section -- 28 publication day, for regulations made under 29 subsection (2), means the day on which those 30 regulations are published in the Gazette; 31 specified means specified or described in regulations 32 made under subsection (2); page 39 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 48 1 transitional matter means a matter that needs to be 2 dealt with for the purpose of effecting the transition 3 from the provisions of the former Act to the provisions 4 of the amended Act. 5 (2) If there is no sufficient provision in this Part for 6 dealing with a transitional matter, the Governor may 7 make regulations prescribing matters -- 8 (a) required to be prescribed for the purpose of 9 dealing with a transitional matter; or 10 (b) necessary or convenient to be prescribed for the 11 purpose of dealing with a transitional matter. 12 (3) Regulations made under subsection (2) may provide 13 that specific provisions of the amended Act -- 14 (a) do not apply to or in relation to a matter; or 15 (b) apply with specified modifications to or in 16 relation to a specified matter. 17 (4) If regulations made under subsection (2) provide that a 18 specified state of affairs is taken to have existed, or not 19 to have existed, on and from a day that is earlier than 20 the publication day for those regulations but not earlier 21 than the commencement day, the regulations have 22 effect according to their terms. 23 (5) If regulations made under subsection (2) contain a 24 provision referred to in subsection (4), the provision 25 does not operate so as -- 26 (a) to affect in a manner prejudicial to a person 27 other than the State the rights of that person 28 existing before the publication day for those 29 regulations; or 30 (b) to impose liabilities on a person other than the 31 State or an authority of the State in respect of 32 an act done or omission made before the 33 publication day for those regulations. page 40 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 49 1 (6) Regulations can only be made under subsection (2) 2 within 12 months after commencement day. 3 149. Interpretation Act 1984 not affected 4 Except to the extent this Part expressly provides 5 differently, the Interpretation Act 1984 applies in 6 relation to the amendments effected by the Swan and 7 Canning Rivers Management Amendment Act 2014 8 Part 2. 9 10 49. Schedule 5 amended 11 In Schedule 5: 12 (a) delete item 1(c) and (y); 13 (b) in item 1(ff) delete "Act 1992;" and insert: 14 15 Act 1992. 16 17 (c) delete item 1(gg). 18 50. Schedule 6 amended 19 Delete Schedule 6 clause 3. 20 51. Various references to "Trust" amended 21 In the provisions listed in the Table delete "Trust" (each 22 occurrence) and insert: 23 24 CEO 25 page 41 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 51 1 Table s. 6(4), (5), (6), (8) and (9) s. 12(2), (3), (4), (5) and (6) s. 28(2) s. 29(2), (3), (5) and (8)(a) s. 30(1) and (2)(b) s. 31(1), (3), (4), (5)(b) and (6)(a) s. 32(1), (2), (3), (4)(b) and (6) s. 39(3) s. 48 s. 51(1)(b) s. 53(2) s. 63(3) s. 67 def. of development s. 70(1), (2) and (3) application s. 71(3) s. 72(4), (6) and (7) s. 73(3) s. 74(4) s. 75(1), (4) and (5) s. 81(1) def. of approving authority par. (a), (2), (5)(b) and (6) s. 85(1), (3), (4), (5) and (6) s. 87(3)(c) s. 89(4) and (10) s. 91(2) and (3)(c)(i), (iv), (v) and (vii) s. 94(6)(b) s. 95(a) s. 98(1), (2)(d) and (5) s. 99(1), (2) and (3) s. 102(1) and (2) s. 103(1), (2) and (3) s. 116(1) s. 117(1) and (8) page 42 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 51 s. 118(2), (3), (4), (5)(c), (6), (7), s. 119(1)(b) (10) and (11) s. 131(3)(a) s. 132(1) s. 136(2)(c) and (d) 1 Notes: 2 1. The heading to amended section 6 is to read: 3 Objectives and principles paramount; disputes between CEO and 4 Schedule 5 authority 5 2. The heading to amended section 28 is to read: 6 CEO may agree to manage private land 7 3. The heading to amended section 29 is to read: 8 CEO may grant leases of River reserve 9 4. The heading to amended section 32 is to read: 10 CEO may grant licences over River reserve 11 5. The heading to amended section 75 is to read: 12 Draft report by CEO on proposed development 13 6. The heading to amended section 85 is to read: 14 Approvals by CEO 15 7. The heading to amended section 87 is to read: 16 Minister may revoke CEO's decision 17 8. The heading to amended section 102 is to read: 18 CEO's powers in case of contravention of notice 19 9. The heading to amended section 116 is to read: 20 CEO's powers in respect of illegal development 21 10. The heading to amended section 118 is to read: 22 Recovery of costs in case of financial assurance page 43 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 52 1 52. Various references to "General Manager" amended 2 In the provisions listed in the Table delete "General Manager" 3 (each occurrence) and insert: 4 5 CEO 6 7 Table s. 40(1) and (4) s. 90(3) and (4) s. 94(2) and (4) s. 96(2) s. 107(4) s. 110(2) s. 111(3) 8 Note: The heading to amended section 96 is to read: 9 CEO must give notice of memorial or withdrawal 10 53. Other provisions amended 11 Amend the provisions listed in the Table as set out in the Table. 12 Table Provision Delete Insert s. 3(1) def. of 36 28E committee s. 3(2) department agency s. 6(3) Trust CEO or Trust s. 6(10) Trust CEO, the Trust s. 9(a) within a part of page 44 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 53 Provision Delete Insert s. 10(1)(a) within a part of s. 22(7)(b) redevelopment Metropolitan authority Redevelopment Authority s. 22(8) determining considering s. 25(2) programmes of programmes developed by s. 31(4) it makes the CEO makes s. 50 approved by the approved by the Trust CEO s. 50(a) by the Trust by the CEO s. 50(b) the offices of the an address Trust designated by the CEO s. 59 approved by the approved by the Trust CEO s. 59(a) by the Trust by the CEO s. 59(b) the offices of the an address Trust designated by the CEO s. 65(3)(a) offices of the Trust head office of the Department s. 65(3)(b) Trust Department's page 45 Swan and Canning Rivers Management Amendment Bill 2014 Part 2 Swan and Canning Rivers Management Act 2006 amended s. 53 Provision Delete Insert s. 73(3)(b) authorities local governments and other public authorities s. 74(4) 22 73 s. 80(5) the Trust, the Trust the CEO, the CEO s. 80(5)(b) Trust Department's s. 82(4)(b) Trust Department's s. 83(2)(b) Trust Department's s. 85(3) by it by the CEO s. 89(2), (8) and (9) Trust Executive Body s. 90(2) and (3) recommendation request (each occurrence) s. 90(4) recommendation request s. 103(4) the Trust may the CEO may s. 103(4) due to the Trust due to the State s. 117(2) it exercises the CEO exercises s. 117(2) the Trust must the CEO must s. 117(2)(b) known to it known to the CEO s. 117(4) incurred by the Trust incurred by the CEO s. 117(4) due to the Trust due to the State page 46 Swan and Canning Rivers Management Amendment Bill 2014 Swan and Canning Rivers Management Act 2006 amended Part 2 s. 53 Provision Delete Insert s. 117(5) of the Trust of the State s. 117(5) as it thinks as the CEO thinks s. 117(6) Trust's CEO's s. 117(6) the Trust the CEO s. 117(6) its costs the costs s. 117(8) by it by the CEO s. 118(2) and (10) 102, 116(5) 102, 103, 116(5) s. 118(11) 102, 116(5) 102, 103, 116(5) (each occurrence) s. 131(4)(a) and (b) Trust Department s. 132(2)(g) Trust Minister s. 134(1) def. of or subdelegated under section 28B member par. (b) under section 33 s. 134(3)(c) redevelopment the Metropolitan authority Redevelopment (each occurrence) Authority Sch. 2 version 3 Sch. 3 version 3 Sch. 6 cl. 15 Board board Sch. 7 Town of Vincent City of Vincent page 47 Swan and Canning Rivers Management Amendment Bill 2014 Part 3 Other Acts amended s. 54 1 Part 3 -- Other Acts amended 2 54. Conservation and Land Management Act 1984 amended 3 (1) This section amends the Conservation and Land Management 4 Act 1984. 5 (2) Delete section 37 and insert: 6 7 37. Purpose 8 The Executive Body is established to provide a body 9 corporate through which the CEO can perform any of 10 the CEO's functions under the following Acts that can 11 more conveniently be performed by a body corporate 12 than an individual -- 13 (a) this Act; 14 (b) the Swan and Canning Rivers Management 15 Act 2006; 16 (c) the Wildlife Conservation Act 1950. 17 18 (3) Delete section 99(1)(ac). 19 55. Financial Management Act 2006 amended 20 (1) This section amends the Financial Management Act 2006. 21 (2) In Schedule 1 delete "Swan River Trust". 22
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