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This is a Bill, not an Act. For current law, see the Acts databases.


SWAN AND CANNING RIVERS MANAGEMENT AMENDMENT BILL 2014

                    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



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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


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      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:




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     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.




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          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;



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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




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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

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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).



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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.

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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.


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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


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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


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                                                                                 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;

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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


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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.



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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



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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

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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.


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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.




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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.




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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




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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




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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




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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




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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


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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.




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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.

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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




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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




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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




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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


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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

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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

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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



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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;




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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



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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

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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.


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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.

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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.




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     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
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     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.

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           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)



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     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


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         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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