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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
Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Crown bound 6
5. Objectives and principles 6
6. Relationship to other Acts 9
7. Native title rights and interests 11
Part 2 -- Land and waters to which
this Act applies
8. Catchment area 12
9. Swan Canning Riverpark 12
10. Development control area 12
11. River reserve vested in Trust 12
12. Responsibility for Riverpark shoreline 14
13. Amendment of boundaries 15
14. Proof of boundaries 17
15. Question as to boundary 18
Part 3 -- Swan River Trust
Division 1 -- Establishment and management
16. Trust established 19
17. Status 19
18. Management 19
19. Membership of board 19
20. Constitution and proceedings 20
21. Remuneration and allowances of members 21
107--2 page i
Swan and Canning Rivers Management Bill 2005
Contents
22. Nominees 21
Division 2 -- Functions and powers
23. Functions of Trust 23
24. Powers 24
25. Consultation and matters to be considered 25
26. Consultation with local governments and
redevelopment authorities 26
27. Collaborative arrangements 26
28. Agreements as to private land 28
29. Leasing parts of the River reserve 28
30. Failure to comply with terms or conditions of lease 30
31. Forfeiture of lease 31
32. Licences affecting the River reserve 32
33. Delegation by Trust 33
34. Minister may give directions 34
35. Minister to have access to information 35
36. Committees 35
Division 3 -- Staff and facilities
37. General Manager and staff 36
38. Use of government staff and facilities 36
Division 4 -- Inspectors
39. Inspectors 37
40. Identity cards 37
Division 5 -- Financial provisions
41. Trust's funds 38
42. Swan River Trust Account 38
43. Temporary investment of moneys 39
44. Application of Financial Administration and Audit
Act 1985 39
45. Power to borrow from Treasurer 39
Division 6 -- Miscellaneous
46. Execution of documents 39
Part 4 -- Targets and strategic
documents
Division 1 -- Ecological and community benefit
and amenity targets
47. Regulations may prescribe targets 41
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Swan and Canning Rivers Management Bill 2005
Contents
48. Consultation 41
49. Draft regulations to be publicly notified 42
50. Public submissions 42
Division 2 -- Strategic documents
51. River protection strategy 43
52. Former EPP management plan to have effect as
guidelines 44
53. Management programmes: contents 44
54. Strategic document may adopt codes or legislation 45
55. Minister may approve documents that are not
prepared by Trust 45
Division 3 -- Preparation, approval and
revision of river protection strategy and
management programmes
56. Trust to prepare draft documents 46
57. Consultation 47
58. Document to be publicly notified 47
59. Public submissions 48
60. Document to be referred to certain bodies 48
61. Consultation with relevant Minister 48
62. Approval of Minister 50
63. Notice of approval 50
64. Review and revision of documents 51
Division 4 -- Compliance with strategic
documents
65. Compliance with strategic documents 52
66. Trust to monitor and report on compliance 52
Part 5 -- Development in
development control area
67. Definitions 54
68. Use of land and waters owned or vested in public
authority 54
69. Developments to which this Part applies 54
70. Development to be approved 55
71. Certain reclamations to be authorised by
Parliament 56
72. Applications for approval 57
73. Consultation with other authorities 58
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Swan and Canning Rivers Management Bill 2005
Contents
74. Public notice 59
75. Draft report by Trust 60
76. Report to Minister 61
77. Steps to be taken by Minister 62
78. Review committee 62
79. Consideration and report by committee 63
80. Minister's decision 63
81. Financial assurance condition 65
82. Request for reconsideration of condition 66
83. Correction of approval 66
84. Variation or extension of approval 67
85. Power of approval may be conferred on Trust 68
86. Trust must report decision to Minister 69
87. Minister may revoke decision of Trust 69
88. False statements 70
89. Compensation 70
Part 6 -- River protection notices
90. General Manager may recommend issue of river
protection notice 72
91. River protection notice 73
92. Service of notice 74
93. Person on whom notice is binding 75
94. Memorial may be lodged if river protection notice
given 75
95. Duty of outgoing owner or occupier to notify Trust
and successor in ownership or occupation 76
96. Notice of memorial to be given 77
97. River protection notice binding on new owners 77
98. Financial assurance requirement in river protection
notice 77
99. Trust may amend or cancel river protection notice 78
100. Review 79
101. Person must comply with river protection notice 79
102. Action on non-compliance with requirement of
river protection notice 80
103. Powers to ensure compliance with river protection
notice 80
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Swan and Canning Rivers Management Bill 2005
Contents
Part 7 -- Investigation and
enforcement
Division 1 -- Preliminary
104. Meaning of terms used in this Part 82
Division 2 -- Investigative powers
105. Purposes for which investigation may be carried
out 82
106. Inspector may ask for personal details 83
107. Entry and access powers of inspector 84
108. Obtaining records 85
109. Exercise of power may be recorded 86
110. Use of force and assistance 86
Division 3 -- Entry warrants
111. Applying for entry warrant 86
112. Applications, how they are to be made 87
113. Issuing an entry warrant 89
114. Effect of entry warrant 89
Division 4 -- Enforcement provisions
115. Obstruction or impersonation of inspector 89
116. Power to direct cessation or removal of
development contrary to this Act 90
117. Removal of property that is abandoned 91
118. Claim on or realising of financial assurance 93
Part 8 -- Legal proceedings
Division 1 -- General matters
119. Proceedings 95
120. Time for bringing prosecution 95
121. Liability of body corporate and of directors and
managers of body corporate 96
Division 2 -- Infringement notices
122. Meaning of terms used in this Division 97
123. Infringement notices 97
Division 3 -- Offences under other Acts
124. Schedule 8 offences 99
125. Offences under other Acts -- power to prosecute 99
126. Alleged offences under other Acts -- power to
issue infringement notice 99
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Swan and Canning Rivers Management Bill 2005
Contents
Part 9 -- Swan and Canning Rivers
Foundation
127. Swan and Canning Rivers Foundation established 101
128. Governing council 101
129. Functions 101
130. Powers 101
131. Financial arrangements 101
132. Rules 102
Part 10 -- General
133. Delegation by Minister 104
134. Duties and liabilities of persons performing
functions under this Act 104
135. Protection from liability 106
136. Regulations 106
137. Review of Act 108
Schedule 1 -- Catchment area
Schedule 2 -- Swan Canning
Riverpark
Schedule 3 -- Development control
area
Schedule 4 -- River reserve
Schedule 5 -- Authorities
Schedule 6 -- Constitution and
proceedings of the board
Division 1 -- General provisions
1. Meaning of "appointed member" 116
2. Term of office 116
3. Extent of duties 116
4. Resignation and removal 116
5. Leave of absence 117
6. Deputy chairman 117
7. Temporary members 117
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Swan and Canning Rivers Management Bill 2005
Contents
8. Meetings 117
9. Resolution may be passed without meeting 118
10. Telephone or similar meeting 119
11. Minutes of meetings 120
12. Procedures 120
Division 2 -- Disclosure of interests
13. Interpretation 120
14. Disclosure of interests 120
15. Voting by interested members 120
16. Clause 15 may be declared inapplicable 121
17. Quorum where clause 15 applies 121
18. Minister may declare clauses 15 and 17
inapplicable 121
19. Supplementary provision about laying documents
before Parliament 121
Schedule 7 -- Local governments and
redevelopment authorities
Schedule 8 -- Prescribed regulations
Defined Terms
page vii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Swan and Canning Rivers Management
Bill 2005
A Bill for
An Act to make provision for --
• the protection of the Swan and Canning Rivers and associated
land to ensure maintenance of ecological and community
benefits and amenity;
• the establishment of a Trust with planning, protection and
management functions in respect of the Swan and Canning
Rivers and associated land;
• the management policies to be followed by the Trust and
other persons in relation to the Swan and Canning Rivers and
associated land;
• the establishment of a Foundation with fund-raising and
other functions,
and for related purposes.
The Parliament of Western Australia enacts as follows:
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Swan and Canning Rivers Management Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Swan and Canning Rivers Management Act 2005.
2. Commencement
5 (1) This Act comes into operation on a day to be fixed by
proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Terms used in this Act
10 (1) In this Act, unless the contrary intention appears --
"Account" means the Swan River Trust Account referred to in
section 42;
"board" means the board of management referred to in
section 18;
15 "catchment area" means the land and waters referred to in
section 8;
"chairman" means chairman of the board;
"committee" means a committee established under section 36;
"Crown land" has the meaning given to that term in the Land
20 Administration Act 1997;
"development" means --
(a) the erection, construction, demolition, alteration or
carrying out of any building, excavation, or other
works, in, on, over or under land or waters;
25 (b) a material change in the use of land or waters; and
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Swan and Canning Rivers Management Bill 2005
Preliminary Part 1
s. 3
(c) any other act or activity in relation to land or waters
declared by the regulations to constitute
development,
but does not include any work, act or activity declared by
5 the regulations not to constitute development;
"development control area" means the land and waters
referred to in section 10, and includes any land the subject
of an agreement under section 28 for management as if the
land were part of the development control area;
10 "Foundation" means the Swan and Canning Rivers Foundation
established under section 127;
"Foundation Account" means the Swan and Canning Rivers
Foundation Account referred to in section 131;
"General Manager" means the person appointed as such for
15 the purposes of section 37;
"high water mark" --
(a) in relation to tidal waters -- means the ordinary high
water mark at spring tides; and
(b) in relation to non-tidal waters -- means the ordinary
20 high water mark at winter level;
"inspector" means --
(a) a person designated as such under section 39; or
(b) a police officer;
"land" includes tidal land and land covered by water, whether
25 continuously or discontinuously;
"lot" has the meaning given to that term in the Town Planning
and Development Act 1928;
"management programme" means a management programme
referred to in section 53 and approved and in force under
30 Part 4;
"member" means a member of the board;
"Metropolitan Region Scheme" has the meaning given to that
term in the Metropolitan Scheme Act;
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Swan and Canning Rivers Management Bill 2005
Part 1 Preliminary
s. 3
"Metropolitan Scheme Act" means the Metropolitan Region
Town Planning Scheme Act 1959;
"Minister for Planning" means the Minister to whom the
administration of the Metropolitan Scheme Act is
5 committed;
"officer of the Trust" means --
(a) the General Manager;
(b) a person whose services are provided under
section 37(2) or used under section 38(1); or
10 (c) a person engaged under section 24(2)(a)(i);
"owner" means --
(a) in relation to freehold land --
(i) a holder of the freehold; or
(ii) a mortgagee in possession;
15 and
(b) in relation to Crown land --
(i) the care, control and management of which
has been placed in a management body as
defined in the Land Administration
20 Act 1997 -- that management body;
(ii) which is reserved, set apart or vested for, or
dedicated to, the purposes of another written
law -- the person who is responsible for the
administration of that Crown land while it is
25 so reserved, set apart, vested or dedicated; and
(iii) other than land referred to in subparagraph (i)
or (ii) -- the Minister for Lands, as referred to
in the Land Administration Act 1997
section 7;
30 "prescribed" means prescribed by regulations made under this
Act;
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Swan and Canning Rivers Management Bill 2005
Preliminary Part 1
s. 3
"public authority" means --
(a) a Government department, State trading concern,
State instrumentality or State public utility;
(b) a local government or regional local government; or
5 (c) any other person, whether corporate or not, who or
which, under the authority of a written law,
administers or carries on for the benefit of the State a
social service or public utility;
"redevelopment authority" means --
10 (a) the East Perth Redevelopment Authority established
under the East Perth Redevelopment Act 1991; or
(b) the Midland Redevelopment Authority established
under the Midland Redevelopment Act 1999;
"Riverpark" means the land and waters referred to in section 9,
15 and includes any land the subject of an agreement under
section 28 for management as if the land were part of the
Riverpark;
"Riverpark shoreline" has the meaning given to that term in
section 12;
20 "river protection notice" means a notice referred to in
section 91;
"river protection strategy" means the river protection strategy
approved and in force under Part 4;
"River reserve" means the land and waters referred to in
25 section 11(2);
"River reserve lessee" means the holder of a lease granted
under section 29;
"Schedule 5 authority" means a person listed in Schedule 5;
"strategic document" means --
30 (a) the river protection strategy;
(b) a management programme; or
(c) a document approved under section 55;
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Swan and Canning Rivers Management Bill 2005
Part 1 Preliminary
s. 4
"Trust" means the Swan River Trust established by section 16;
"Trust website" means an internet website established by the
Trust and maintained for the purposes of this Act and other
purposes of the Trust;
5 "unallocated Crown land" has the meaning given to that term
in the Land Administration Act 1997;
"waters" includes the riverbed and subsoil normally covered by
waters when at the high water mark;
"Western Australian Planning Commission" means the body
10 established by the Western Australian Planning
Commission Act 1985 section 4.
(2) Deposited plans referred to in this Act are those held by the
department of the Public Service that principally assists in the
administration of the Transfer of Land Act 1893.
15 4. Crown bound
This Act binds the Crown in right of the State and, so far as the
legislative power of the State permits, the Crown in all its other
capacities.
5. Objectives and principles
20 (1) The objectives of this Act are --
(a) to provide for the restoration and protection of the
development control area and the Riverpark;
(b) to provide for the management of activities that affect
the ecological and community benefits and amenity of
25 the development control area and the Riverpark;
(c) to provide for the needs of future generations in relation
to the ecological and community benefits and amenity of
the development control area and the Riverpark;
(d) to recognise the interests of the Nyungah community
30 and other people in the community with an association
with the development control area or the Riverpark and
to provide for their participation in the management of
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Swan and Canning Rivers Management Bill 2005
Preliminary Part 1
s. 5
those areas and the management of activities affecting
the ecological and community benefits and amenity of
those areas;
(e) to promote and facilitate the good management of the
5 catchment area to meet the objectives referred to in
paragraphs (a) to (d).
(2) In pursuing the objectives of this Act regard should be had to
the following principles --
Table
10 1. Sustainability principles
(1) Sound environmental practices and procedures should be
adopted as a basis for sustainability for the benefit of all human
beings and the environment today, while considering the
environmental, social and economic needs of future
15 generations.
(2) Environmental, social and economic factors should be
considered in decision-making, with the objective of improving
community well-being and the benefit to future generations.
(3) Environmental practices and procedures should be
20 cost-effective and in proportion to the significance of the
environmental risks and consequences being addressed.
2. Precautionary principle
(1) Where there are threats of serious or irreversible environmental
damage, lack of full scientific certainty should not be used as a
25 reason for postponing measures to prevent environmental
degradation.
(2) In the application of the precautionary principle,
decision-making should be guided by --
(a) a careful evaluation to avoid serious or irreversible
30 damage to the environment wherever possible; and
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Swan and Canning Rivers Management Bill 2005
Part 1 Preliminary
s. 5
(b) an assessment of the risk-weighted consequences of the
options.
3. Intergenerational equity
The present generation should ensure that the health, diversity
5 and productivity of the environment are maintained or enhanced
for the benefit of future generations.
4. Biodiversity and ecological integrity
Biodiversity and ecological integrity should be maintained or
enhanced as part of the irreplaceable life support systems upon
10 which the earth depends.
5. Shared responsibility
Protection of the environment is a responsibility shared by
Government, industry, business, the community and the people
of the State.
15 6. Best practice
When designing policies, systems, procedures or technologies,
the best practicable measures available at the time should be
used.
7. Continuous improvement
20 Implementation of natural resource management should aim for
continuous improvement and extend beyond compliance with
relevant laws and requirements.
8. Accountability and transparency
(1) Members of the community should be given --
25 (a) access to reliable and relevant information; and
(b) opportunities to participate in policy and programme
development.
(2) Decisions should be made in a transparent manner and be made
public.
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Swan and Canning Rivers Management Bill 2005
Preliminary Part 1
s. 6
6. Relationship to other Acts
(1) Persons involved in the administration of this Act, and
Schedule 5 authorities, should perform their functions with due
regard to the objectives and principles of this Act.
5 (2) The provisions of any other written law must be construed and
applied --
(a) with due regard to the objectives and principles of this
Act; and
(b) so that those objectives and principles are paramount,
10 unless that construction or application would --
(c) be inconsistent with the objects and intentions of that
written law; or
(d) substantially interfere with the operation of the
provisions of that written law.
15 (3) Except where the contrary intention is expressed in this Act, the
vesting in the Trust of functions in respect of the development
control area and the Riverpark does not limit the functions
vested by any written law in any other person in respect of those
areas.
20 (4) If a provision of this Act, other than a provision of Part 5, is in
conflict with a power conferred on a Schedule 5 authority by a
written law, the Schedule 5 authority and the Trust must
endeavour to reach agreement as to which provision will
prevail.
25 (5) If a question, difference or dispute arises, or may arise, between
a Schedule 5 authority and the Trust as to the rights, powers or
authority of, or the discharge of any duty by, a Schedule 5
authority, or as to their respective functions or interests, on a
matter referred to in subsection (4), then --
30 (a) if the matter relates to the functions of a government
department -- the Minister charged with the
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Swan and Canning Rivers Management Bill 2005
Part 1 Preliminary
s. 6
administration of that government department (the
"Schedule 5 Minister") may consult with the Minister;
(b) if the matter relates to the functions of a statutory
authority -- the Minister to whom the Governor has
5 committed the Act under which the statutory authority is
established or continued (the "Schedule 5 Minister")
may consult with the Minister.
(6) If the Ministers agree after consultation under subsection (5),
the Schedule 5 Minister must give the Schedule 5 authority, and
10 the Minister must give the Trust, such directions as result from
the consultation and agreement.
(7) If no consultation under subsection (5) is concluded or the
Ministers cannot agree as to the matter, the matter may be
finally and conclusively determined by the Governor, and effect
15 must be given to the determination.
(8) The Governor may finally and conclusively determine any
question, difference or dispute arising or about to arise between
a Schedule 5 authority and the Trust as to the rights, powers or
authority of, or the discharge of any duty by, a Schedule 5
20 authority, or as to their respective functions or interests, on a
matter referred to in subsection (4) whether or not referred to
the Governor under subsection (7) and whether or not the
Ministers had purported to agree under subsection (6), and
effect must be given to the determination.
25 (9) Without limiting subsection (4), the regulations may make
provision as to the manner and circumstances in which a
conflict referred to in subsection (4) must be brought to the
notice of the Trust.
(10) The performance of a function by the Trust or a Schedule 5
30 authority cannot be appealed against, reviewed, quashed,
challenged, or called in question, before or by any person acting
judicially or a court or tribunal on any account or by any means
on the ground that the performance of the function does not
comply with subsection (1) or (2).
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Swan and Canning Rivers Management Bill 2005
Preliminary Part 1
s. 7
7. Native title rights and interests
(1) In this section --
"affect" has the meaning given to that term in the NTA
section 227;
5 "native title rights and interests" has the meaning given to
that term in the NTA section 223;
"NTA" means the Native Title Act 1993 of the Commonwealth.
(2) Nothing done by or under this Act operates to affect any native
title rights and interests.
10 (3) Subsection (2) does not apply to the extent that the effect on
those rights and interests is valid by the operation of, or by
anything done under, the NTA or another law of this State.
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Swan and Canning Rivers Management Bill 2005
Part 2 Land and waters to which this Act applies
s. 8
Part 2 -- Land and waters to which this Act applies
8. Catchment area
A reference in this Act to the catchment area is a reference to
the land and waters within the area for the time being described
5 in Schedule 1.
9. Swan Canning Riverpark
A reference in this Act to the Riverpark is a reference to the
land and waters that are --
(a) within the catchment area; and
10 (b) within the area for the time being described in
Schedule 2.
10. Development control area
(1) A reference in this Act to the development control area is a
reference to the land and waters that are --
15 (a) within the catchment area; and
(b) within the area for the time being described in
Schedule 3.
(2) Land and waters that are within the development control area
may overlap, or be the same as, land and waters that are within
20 the Riverpark.
11. River reserve vested in Trust
(1) In this section --
"CALM Act" means the Conservation and Land Management
Act 1984;
25 "Marine Authority" has the meaning given to that term in the
CALM Act;
"marine reserve" has the meaning given to that term in the
CALM Act.
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Swan and Canning Rivers Management Bill 2005
Land and waters to which this Act applies Part 2
s. 11
(2) Subject to subsection (9), a reference in this Act to the River
reserve is a reference to the land and waters that are --
(a) within the catchment area; and
(b) within the area for the time being described in
5 Schedule 4.
(3) Subject to subsection (9), the land and waters described in
Schedule 4 are reserved under the Land Administration
Act 1997 Part 4 for the purpose of protection and enhancement
of the ecological and community benefits and amenity of the
10 Swan and Canning Rivers.
(4) The purpose of the River reserve must not be amended or
cancelled, and the boundary of the River reserve must not be
altered, except by an Act or under section 13 or 15.
(5) Subject to subsection (9), any other reservation or vesting of the
15 land and waters described in Schedule 4 under --
(a) the Land Administration Act 1997 Part 4;
(b) the Marine and Harbours Act 1981 section 9; or
(c) any other written law,
is, by this section, cancelled.
20 (6) The cancellation under subsection (5) of a reserve as defined in
the Land Administration Act 1997 has effect as if it were made
under Part 4 of that Act.
(7) Subject to subsection (9), the land and waters described in
Schedule 4 are placed under the care, control and management
25 of the Trust and cease to be vested in any other person or under
the care, control and management of any other person.
(8) The Registrar of Titles must take any necessary measures to
register the reservation and placement of land and waters
effected by subsections (3) and (7), and the necessary
30 consequential changes, and for those purposes this section is to
be treated as if it were an order under the Land Administration
Act 1997 Part 4.
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Swan and Canning Rivers Management Bill 2005
Part 2 Land and waters to which this Act applies
s. 12
(9) Nothing in this section applies to --
(a) land which is not Crown land;
(b) any part of a marine reserve which --
(i) immediately before the commencement of this
5 section, is vested in the Marine Authority under
the CALM Act; and
(ii) is in the land or waters described in Schedule 4;
or
(c) any part of a nature reserve which --
10 (i) immediately before the commencement of this
section, is vested in the Conservation
Commission under the CALM Act; and
(ii) is in the land or waters described in Schedule 4.
12. Responsibility for Riverpark shoreline
15 (1) In this section --
"Minister for Lands" means the Minister as defined in the
Land Administration Act 1997;
"Riverpark shoreline" means the area of Crown land in the
Riverpark extending from 2 metres below the high water
20 mark to 2 metres above the high water mark, measured
horizontally above the surface of the land and including the
surface of any structure built to retain the land;
"unmanaged reserve" has the meaning given to that term in
the Land Administration Act 1997.
25 (2) Despite any written or other law to the contrary, the Minister for
Lands is jointly responsible with the Trust for the care, control
and management of any part of the Riverpark shoreline that is
unallocated Crown land or an unmanaged reserve and for the
maintenance of any wall or other structure on the Riverpark
30 shoreline.
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Swan and Canning Rivers Management Bill 2005
Land and waters to which this Act applies Part 2
s. 13
(3) Despite any written or other law to the contrary, a person who
has the care, control and management of Crown land in the
Riverpark shoreline is jointly responsible with the Trust for the
care, control and management of that part of the Riverpark
5 shoreline and for the maintenance of any wall or other structure
on that part of the Riverpark shoreline.
(4) The Trust and a person referred to in subsection (2) or (3) may
agree to vary the area or structures for which they are jointly
responsible under this section so as to include an area or
10 structure that is not in the Riverpark shoreline.
(5) The Trust must not enter into an agreement under subsection (4)
except with the prior approval of the Minister.
(6) Nothing in this section affects any covenant, contract or
agreement relating to the care, control and management of land
15 on the Riverpark shoreline made between --
(a) the Trust and a person who has the care, control and
management of land on the Riverpark shoreline;
(b) the Trust and another person;
(c) a person who has the care, control and management of
20 land on the Riverpark shoreline and another person; or
(d) any other persons.
(7) Nothing in this section limits the powers of the Trust under
Part 3 Division 2.
13. Amendment of boundaries
25 (1) The regulations may amend Schedule 1, 2, 3 or 4 --
(a) by adding any area to the catchment area, development
control area, Riverpark or River reserve;
(b) by excising any area from the catchment area,
development control area, Riverpark or River reserve;
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Swan and Canning Rivers Management Bill 2005
Part 2 Land and waters to which this Act applies
s. 13
(c) by deleting the catchment area, development control
area, Riverpark or River reserve and substituting another
area for it.
(2) Before regulations are made for the purposes of subsection (1)
5 the Minister must consult with --
(a) the Minister for Planning;
(b) any other Minister of the Crown that the Minister
considers has a relevant interest in the regulations;
(c) the local government --
10 (i) of the district in which any proposed new
boundary is located; and
(ii) of the district in which the existing boundary that
would be amended is located;
and
15 (d) any other public authority that has the care, control or
management of land likely to be added to, excised from,
or substituted for, land in the catchment area,
development control area, Riverpark or River reserve.
(3) Land added to, or substituted for land in, the Riverpark or the
20 River reserve must be Crown land.
(4) The addition of an area to, excision of an area from, or
substitution of an area for, the River reserve under this section
has effect as if the area were added to, excised from, or
substituted for, the River reserve under the Land Administration
25 Act 1997 Part 4.
(5) The Registrar of Titles must take any necessary measures to
register any change to the reservation and placement of waters
in the River reserve effected by a regulation under this section,
and the necessary consequential changes, and for those purposes
30 the regulation is to be treated as if it were an order under the
Land Administration Act 1997 Part 4.
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Swan and Canning Rivers Management Bill 2005
Land and waters to which this Act applies Part 2
s. 14
(6) Regulations referred to in subsection (1) may provide for the
substitution of a plan for a plan referred to in Schedule 1, 2, 3
or 4, or for the amendment of an area by reference to a further
plan.
5 (7) Despite any increase in the development control area effected
by regulations referred to in subsection (1), any act or thing
lawfully undertaken, and not discontinued or abandoned, before
the commencement of those regulations in an area that was not
in the development control area before that commencement but
10 which is in the development control area after that
commencement may be lawfully continued and completed as if
those regulations had not come into operation.
(8) Without limiting subsection (7), regulations referred to in
subsection (1) may make further provisions of a transitional
15 nature that are expedient to be made in respect of an amendment
to Schedule 1, 2, 3 or 4 under subsection (1).
14. Proof of boundaries
(1) In any proceedings --
(a) a plan purporting to be a copy of a plan referred to in
20 Schedule 1, 2, 3 or 4 or section 13(6) showing the
boundaries or any boundary of the catchment area,
development control area, Riverpark or River reserve; or
(b) a notice published under section 15(3) of the location of
a boundary of the catchment area, development control
25 area, Riverpark or River reserve,
is evidence of those boundaries or that boundary.
(2) A person may not assert the invalidity of a plan referred to in
Schedule 1, 2, 3 or 4 or section 13(6) on the ground of error,
misdescription, irregularity or uncertainty if the error,
30 misdescription, irregularity or uncertainty did not in fact
mislead the person in a material way.
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Swan and Canning Rivers Management Bill 2005
Part 2 Land and waters to which this Act applies
s. 15
15. Question as to boundary
(1) If any question arises as to the boundary of the catchment area,
development control area, Riverpark, River reserve, or
Riverpark shoreline, the Trust, after giving the persons
5 interested in the resolution of the question the opportunity to
make submissions to it, must refer the question to the Minister
with its opinion.
(2) The Minister must submit the matter, together with the Trust's
opinion, to the Governor for decision as to what is, or is to be
10 treated as, the boundary of the catchment area, development
control area, Riverpark, River reserve, or Riverpark shoreline,
and the Governor's decision is final.
(3) If any part of the boundary of the catchment area, development
control area, Riverpark, River reserve or Riverpark shoreline is
15 determined by the Governor under subsection (2) --
(a) the boundary of the catchment area, development
control area, Riverpark, River reserve, or Riverpark
shoreline is to be taken to be the boundary determined
by the Governor; and
20 (b) the Minister must cause --
(i) the location of that boundary to be notified in the
Gazette; and
(ii) a copy of the notice to be kept with the plans
referred to in Schedule 1, 2, 3 or 4, whichever is
25 relevant.
(4) If, as a result of a determination by the Governor under
subsection (2), the boundary of the River reserve is changed, the
Registrar of Titles must take any necessary measures to register
any change to the reservation and placement of waters in the
30 River reserve, and the necessary consequential changes, and for
those purposes the determination is to be treated as if it were an
order under the Land Administration Act 1997 Part 4.
page 18
Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Establishment and management Division 1
s. 16
Part 3 -- Swan River Trust
Division 1 -- Establishment and management
16. Trust established
(1) A body called the Swan River Trust is established.
5 (2) The Trust is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Trust in its
corporate name.
17. Status
The Trust is an agent of the Crown and has the status,
10 immunities and privileges of the Crown.
18. Management
(1) The Trust is to have a board of management.
(2) The board is the governing body of the Trust.
(3) The board, in the name of the Trust, is to perform the functions
15 of the Trust under this Act or any other written law.
19. Membership of board
(1) The members of the board are --
(a) 6 members appointed by the Minister, none of whom is
an elected member of the council of a local government;
20 (b) the person holding or acting in the office of chief
executive officer of the department principally assisting
in the administration of the Western Australian Planning
Commission Act 1985, or a nominee of the chief
executive officer approved by the Minister; and
25 (c) a person appointed by the Minister whose name is
included in a panel of 3 names submitted to the Minister
by the Western Australian Local Government
Association.
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 1 Establishment and management
s. 20
(2) As far as is practicable, the membership of the board must
comprise persons who between them have knowledge of, and
experience in, the fields of conservation, natural resource
management, recreation, tourism, planning, development,
5 matters of interest to the rural community and matters of interest
to the Nyungah community.
(3) The Minister must designate one of the members appointed
under subsection (1)(a) as chairman of the board.
(4) Before appointing a member under subsection (1)(a) the
10 Minister must publish in a newspaper circulating throughout the
State a notice calling for expressions of interest in appointment
to the board.
(5) The Minister must consider expressions of interest lodged in
accordance with the notice but may appoint a person as a
15 member of the board whether or not the person has lodged an
expression of interest.
(6) Where the submission of a panel of names is required for the
purposes of subsection (1)(c), the submission must be made to
the Minister, in writing signed on behalf of the Western
20 Australian Local Government Association, within such
reasonable time after the receipt by it of a notice from the
Minister that such submission is required as is specified in the
notice.
(7) If the submission has not been made in accordance with
25 subsection (6) within the time specified under that subsection
the Minister may nominate an elected member of the council of
a local government to be a member of the board in place of the
person provided for by subsection (1)(c).
20. Constitution and proceedings
30 Schedule 6 has effect.
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Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Establishment and management Division 1
s. 21
21. Remuneration and allowances of members
(1) In subsection (2) --
"member" means a member appointed under section 19(1)(a)
or (c) and a member of a committee.
5 (2) A member is to be paid such remuneration and travelling and
other allowances as are determined, in the case of that member,
by the Minister on the recommendation of the Minister for
Public Sector Management.
22. Nominees
10 (1) Subject to subsections (4) and (5), the chairman must by notice
specifying the time and place of a meeting of the board, request
a local government, or a redevelopment authority, referred to in
Schedule 7 to nominate a person to attend or participate in that
meeting if a matter to be considered at that meeting is a relevant
15 matter for that local government or redevelopment authority.
(2) A relevant matter for a local government is one that --
(a) relates to a development or proposed development in a
part of the development control area that is in or adjoins
the district of that local government; or
20 (b) is in the opinion of the chairman a matter that affects or
is likely to affect the interest of that local government in
a material way and to an extent that is greater than the
extent to which other local governments referred to in
Schedule 7 are affected.
25 (3) A relevant matter for a redevelopment authority is one that --
(a) in the case of the East Perth Redevelopment Authority,
relates to a development or proposed development that
is in the redevelopment area as defined in the East Perth
Redevelopment Act 1991; and
30 (b) in the case of the Midland Redevelopment Authority,
relates to a development or proposed development that
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 1 Establishment and management
s. 22
is in the redevelopment area as defined in the Midland
Redevelopment Act 1999.
(4) If a redevelopment authority is requested to nominate a person
under subsection (1) in respect of a relevant matter, the Trust is
5 not required to request a local government to nominate a person
under that subsection in respect of that matter.
(5) If a local government is requested to nominate a person under
subsection (1) in respect of a relevant matter, the Trust is not
required to request a redevelopment authority to nominate a
10 person under that subsection in respect of that matter.
(6) A notice under subsection (1) must be given --
(a) in writing to the local government or redevelopment
authority not less than 14 clear days before the meeting;
or
15 (b) in writing or by facsimile or electronic communication
to the local government or redevelopment authority
within such lesser period as the local government or
redevelopment authority may, by notice in writing or by
facsimile or electronic communication, agree.
20 (7) A nomination under subsection (1) must be made --
(a) if not less than 14 clear days notice of the meeting has
been given, in writing delivered to the board not later
than 3 clear days before the meeting; or
(b) if the local government or redevelopment authority has
25 agreed to a lesser period of notice, in writing or by
facsimile or electronic communication before the
meeting commences.
(8) A person nominated under subsection (1) is entitled to attend or
participate in a meeting for the purpose of determining any
30 relevant matter in relation to which the person is nominated, and
to attend or participate in any subsequent meeting that the
chairman may request the person to attend in connection with
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Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Functions and powers Division 2
s. 23
that matter, and has all of the functions of a member in relation
to the consideration of that matter at any such meeting.
Division 2 -- Functions and powers
23. Functions of Trust
5 The functions of the Trust are --
(a) to protect and enhance the ecological and community
benefits and amenity of the development control area
and to control activities and development in that area;
(b) to protect and enhance the ecological and community
10 benefits and amenity of the Riverpark;
(c) to carry out works and provide facilities for the purposes
of protecting and enhancing the ecological and
community benefits and amenity of the Riverpark;
(d) to establish targets for ecological and community
15 benefits and amenity of the Riverpark, and mechanisms
for evaluating achievement of those targets;
(e) to coordinate and promote the development and
implementation of strategic documents under this Act;
(f) to coordinate and promote the activities of other bodies
20 that have functions in relation to the catchment area,
insofar as those functions may affect the Riverpark,
including the implementation of any strategic documents
applicable to the catchment area;
(g) to monitor and report to the Minister on --
25 (i) the state of the development control area; and
(ii) development on and adjoining the development
control area;
(h) to provide advice and assistance to planning authorities
so that, in relation to the Riverpark, proper provision is
30 made in planning schemes for --
(i) the reservation of land for protection, and future
acquisition, of river foreshores;
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 2 Functions and powers
s. 24
(ii) protection and public use of land and waters; and
(iii) protection of wildlife habitat;
(i) to provide advice to the Western Australian Planning
Commission on statements of planning policy and
5 planning scheme provisions relating to any matter
within its functions, and to publish other statements of
policy relating to any matter within its functions;
(j) to provide advice and promote public education on any
matter within its functions;
10 (k) to perform such functions as are delegated to it under
any other written law;
(l) to otherwise undertake the administration and
enforcement of this Act; and
(m) to perform any other function vested in it by this Act or
15 any other written law.
24. Powers
(1) The Trust has all the powers it needs to perform its functions
under this Act or any other written law.
(2) Subject to any limitation imposed by this Act or another written
20 law, the Trust may, for the purpose of performing any of its
functions under this Act or any other written law --
(a) enter into any contract or arrangement, including a
contract or arrangement with a person for --
(i) the performance of the function by that person on
25 behalf of the Trust; or
(ii) the supply of equipment or services;
(b) act as an agent or provide consultancy, professional, or
technical services or other assistance under a contract
for services or other arrangement;
30 (c) carry out any investigation, survey, exploration,
feasibility study, evaluation, or review;
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Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Functions and powers Division 2
s. 25
(d) collaborate in, carry out, or procure the carrying out of,
research and publish information that results from the
research; and
(e) produce and publish information on matters related to its
5 functions.
(3) Subsection (2) does not limit subsection (1) or any of the Trust's
other powers.
25. Consultation and matters to be considered
(1) The Trust must, so far as is practicable and consistent with this
10 Act --
(a) consult and collaborate with persons that are affected in
a material way by the performance of its functions; and
(b) have regard, in the performance of its functions, to --
(i) protection and enhancement of the ecological
15 and community benefits and amenity of the
development control area and the Riverpark;
(ii) the significance of the waters in the Riverpark to
the Nyungah community;
(iii) the requirements of public recreation;
20 (iv) the need to preserve right of access for the public
to waters in the Riverpark; and
(v) the interests of navigation, fisheries, agriculture
and water supply.
(2) The Trust must consult and collaborate with any body that
25 appears to the Trust to have a role in regional natural resource
management in the catchment area to ensure that, to the extent
that is practicable, there is consistency between the strategies
and programmes of the Trust and the functions of that body, to
the extent to which those functions may affect the Riverpark.
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 2 Functions and powers
s. 26
26. Consultation with local governments and redevelopment
authorities
(1) If it appears to the Trust that a measure proposed to be taken by
the Trust, not being a matter to which Part 4 applies or a
5 development to which Part 5 applies, is one that affects or is
likely to affect the interests of a local government, or a
redevelopment authority, referred to in Schedule 7 in a material
way, the Trust must refer the proposal to the local government
or redevelopment authority.
10 (2) A local government or redevelopment authority to which a
proposal is so referred may make submissions to the Trust on
the proposal.
(3) The Trust must have regard to those submissions --
(a) in any report, advice or recommendation that it intends
15 to submit to the Minister on the proposal; and
(b) if it undertakes the proposal.
(4) The local government or redevelopment authority must be
notified of any decision in respect of the proposal --
(a) by the Minister, in the case of a decision by the
20 Minister; and
(b) by the Trust, in the case of a decision by the Trust.
27. Collaborative arrangements
(1) Subject to this section, the Trust may enter into a collaborative
arrangement with any other person --
25 (a) binding that person to undertake programmes of a kind
specified in the arrangement and directed towards
protection and enhancement of the ecological and
community benefits and amenity of the Riverpark or any
part of the Riverpark; or
30 (b) providing for measures to be taken jointly with that
person relating to any matter that is within the functions
of the Trust and that other person.
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Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Functions and powers Division 2
s. 27
(2) The term of a collaborative arrangement must not exceed
5 years but on its expiry a further collaborative arrangement
may be made.
(3) A collaborative arrangement under this section may contain
5 terms providing for any matter that the Trust considers
appropriate for securing the objectives of this Act, including
terms --
(a) providing for measures to be taken jointly by the parties
to the arrangement;
10 (b) binding the Trust to provide financial or other assistance
of any kind to the other party or parties or any of them;
(c) relating to the objectives and performance standards to
be met by a party other than the Trust;
(d) requiring a party to report to the Trust in relation to the
15 party's obligations under the agreement;
(e) as to the monitoring functions of the Trust;
(f) as to the means by which disputes under the
arrangement may be dealt with; and
(g) as to procedures for varying and enforcing the
20 arrangement.
(4) The Trust must not enter into a collaborative arrangement under
this section except with the prior approval of the Minister.
(5) For the purposes of subsection (4) the Minister may approve a
specific collaborative arrangement or class of collaborative
25 arrangement.
(6) A collaborative arrangement does not have effect to relieve a
party to the arrangement from any duty under this or any other
Act, and any obligations imposed under such an arrangement
have effect in addition to and not in derogation of the
30 requirements imposed by or under this or any other Act.
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 2 Functions and powers
s. 28
28. Agreements as to private land
(1) In this section --
"private land" means any land that --
(a) is alienated from the Crown for any estate of
5 freehold; or
(b) is the subject of a conditional purchase agreement, or
of any lease or concession with or without a right of
acquiring the fee simple in that land.
(2) The Trust may enter into and give effect to an agreement with
10 the owner, lessee or licensee of any private land within the
catchment area --
(a) for the management of the land by the Trust as if it were
part of the development control area or the Riverpark, or
for some other public purpose, under this Act; and
15 (b) for the purpose of obtaining rights of access and other
rights necessary for the protection and enhancement of
the ecological and community benefits and amenity of
the development control area or the Riverpark.
(3) No agreement is to be entered into under this section unless the
20 owner and any person occupying the land with the consent of
the owner have given approval in writing to the agreement.
29. Leasing parts of the River reserve
(1) In this section --
"lease" includes sublease.
25 (2) The Trust may grant a lease of land that is part of the River
reserve --
(a) if the transaction is made in circumstances, and in
accordance with any condition, prescribed for the
purposes of this paragraph; or
30 (b) with the prior approval of the Minister.
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Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Functions and powers Division 2
s. 29
(3) A lease may be granted for the term, and on the terms and
conditions, including a right of renewal, the Trust considers
appropriate.
(4) If a development to which the proposed lease relates is required
5 to be approved under section 70, a lease --
(a) must not be granted under this section unless that
approval has been granted; or
(b) must not be granted on any term or condition that is
contrary to or inconsistent with that approval.
10 (5) A person must not, without the prior approval of the Trust --
(a) mortgage a lease granted under subsection (2); or
(b) sell, transfer or otherwise dispose of the lease in whole
or in part.
(6) An act done in contravention of subsection (5) is void.
15 (7) If land is leased under a power conferred under this section, the
lessee may, unless the terms of the lease otherwise provide,
restrict public access to the area leased.
(8) If the Minister and the Minister to whom the administration of
the Marine and Harbours Act 1981 is committed so approve, in
20 respect of a lease granted under this section or referred to in the
Swan and Canning Rivers (Consequential and Transitional
Provisions) Act 2005 section 14 --
(a) the department responsible for administering the Marine
and Harbours Act 1981 may manage the lease as an
25 agent of the Trust; and
(b) with the approval of the Treasurer, revenue derived from
the lease may be credited to an operating account of the
department established and administered under the
Financial Administration and Audit Act 1985.
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 2 Functions and powers
s. 30
30. Failure to comply with terms or conditions of lease
(1) If a River reserve lessee fails to comply with any term or
condition of the lease the Trust may give the lessee a default
notice in accordance with this section.
5 (2) A default notice given under subsection (1) must --
(a) specify the term or condition with which the lessee has
failed to comply;
(b) if the notice relates to a failure to comply with a term or
condition of the lease which specifies that anything must
10 be done, or must be done to the satisfaction of the
Trust --
(i) specify the actions which the Trust requires the
lessee to take, or to take in order to satisfy it; and
(ii) the time (being a reasonable period after the
15 default notice is given) within which the action
must be taken;
(c) require the lessee to comply with the term or condition;
and
(d) inform the lessee that a failure to comply with the
20 default notice could result in a fine, the forfeiture of the
lessee's interest in the lease under section 31, or both.
(3) A River reserve lessee who fails to comply with a default notice
given to the lessee under subsection (1) commits an offence.
Penalty:
25 (a) a fine of $50 000;
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
section 71, a fine of $5 000.
(4) The liability of a person to be prosecuted for an offence under
30 subsection (3) is not affected by the forfeiture of a lease to
which the offence related.
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Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Functions and powers Division 2
s. 31
(5) The liability of a person to the forfeiture of a lease is not
affected by the imposition of a penalty for an offence in relation
to a matter to which the liability to forfeiture related.
31. Forfeiture of lease
5 (1) If the Trust is satisfied that a River reserve lessee has failed to
comply with a provision of the lease, the Trust may give the
lessee notice of the nature of the failure to comply and of the
intention to cause the forfeiture of the lease.
(2) A River reserve lessee may apply to the State Administrative
10 Tribunal for a review of the decision to give the notice.
(3) If --
(a) no application for review is made under subsection (2);
(b) an application for review is made under subsection (2)
but the applicant discontinues the application; or
15 (c) an application for review is made under subsection (2)
and the State Administrative Tribunal --
(i) dismisses the application for want of
prosecution; or
(ii) affirms the decision to give the notice,
20 the Trust may by order cause the lease to be forfeited.
(4) The Trust must, when it makes an order under subsection (3),
lodge the order with the Registrar of Titles for registration.
(5) On the registration of an order made under subsection (3) --
(a) the lease is forfeited to the Crown;
25 (b) any moneys paid to the Trust in respect of that lease
cannot be recovered by the River reserve lessee; and
(c) any improvements made by the River reserve lessee on
the land to which the lease relates become the property
of the Crown.
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 2 Functions and powers
s. 32
(6) The Land Administration Act 1997 section 35(5), (6), (7), (8),
(9) and (12) apply for the purposes of this section as if --
(a) a reference in those provisions to the Minister were a
reference to the Trust;
5 (b) a reference in those provisions to the forfeiture of an
interest under that section were a reference to the
forfeiture of a lease under this section; and
(c) a reference to the respondent were a reference to the
River reserve lessee.
10 32. Licences affecting the River reserve
(1) The Trust may grant a licence in writing to any person in
respect of the River reserve.
(2) The Trust may renew the period of operation of a licence under
this section, transfer the authority it confers from one person to
15 another, or transfer the operation of the licence to another place.
(3) A licence under this section may be granted, renewed or
transferred subject to such conditions as the Trust thinks fit.
(4) The conditions --
(a) must be endorsed upon the licence when granted,
20 renewed or transferred; and
(b) may be added to, cancelled, suspended or otherwise
varied by the Trust during the operation of the licence.
(5) The holder of a licence under this section must not contravene
or fail to comply with a condition endorsed upon or attached to
25 the licence.
Penalty:
(a) a fine of $50 000;
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
30 section 71, a fine of $5 000.
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Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Functions and powers Division 2
s. 33
(6) If the holder of a licence under this section contravenes a
condition endorsed upon or attached to the licence, the Trust
may, by notice in writing given to the holder, cancel the licence
or suspend it for such time as the Trust thinks fit.
5 (7) The holder of a licence under this section may apply to the State
Administrative Tribunal for a review of a decision under
subsection (6) to cancel or suspend the licence.
33. Delegation by Trust
(1) In subsection (2) --
10 "eligible person" means --
(a) a member;
(b) a committee or a member of the committee;
(c) an officer of the Trust;
(d) an inspector;
15 (e) a public authority or a member or officer of a public
authority or a member of the council of, or an
employee of, a local government.
(2) Subject to subsection (3), the Trust may, by resolution, delegate
to an eligible person any function of the Trust under another
20 provision of this Act or any other written law.
(3) The Trust --
(a) must not delegate a function vested in it by
section 75, 77, 81, 85, 89, 91 or 99; and
(b) must not delegate any other function vested in it under
25 Part 5 except to the General Manager.
(4) A resolution under subsection (2) takes effect when notice of
the resolution is published in the Gazette.
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 2 Functions and powers
s. 34
(5) The Trust may in a delegation under subsection (2) empower a
public authority to subdelegate a function delegated to it under
this section to --
(a) in the case of a public authority that is not a local
5 government -- a committee of, a member of, or an
officer of, the authority; or
(b) in the case of a local government -- the council of, a
committee of, or an employee of, the local government,
or a member of the council of the local government.
10 (6) Except as provided in subsection (5), a delegate or subdelegate
must not further delegate any function.
(7) A person exercising or performing a function that has been
delegated to the person under this section is to be taken to do so
in accordance with the terms of the delegation unless the
15 contrary is shown.
(8) Nothing in this section limits the ability of the Trust to perform
a function through an officer or agent.
(9) This section does not apply to the execution of documents but
the authority to execute documents on behalf of the Trust can be
20 given under section 46.
34. Minister may give directions
(1) The Minister may give written directions to the Trust with
respect to the exercise or performance of its functions, either
generally or in relation to a particular matter, and the Trust must
25 give effect to any such direction.
(2) The text of a direction under subsection (1) must be included in
the annual report submitted by the accountable authority of the
Trust under the Financial Administration and Audit Act 1985
section 66.
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Swan and Canning Rivers Management Bill 2005
Swan River Trust Part 3
Functions and powers Division 2
s. 35
35. Minister to have access to information
(1) In this section --
"document" includes any tape, disc or other device or medium
on which information is recorded or stored;
5 "information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Trust.
(2) The Minister is entitled to have information in the possession of
the Trust and, if the information is in or on a document, to have,
10 and make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may --
(a) request the Trust to provide information to the Minister;
(b) request the Trust to give the Minister access to
information; and
15 (c) for the purposes of paragraph (b) make use of the
officers of the Trust to obtain the information and
provide it to the Minister.
(4) The Trust must comply with a request under subsection (3) and
make its officers and facilities available to the Minister for the
20 purposes of paragraph (c) of that subsection.
36. Committees
(1) The Trust may appoint committees to assist it in the
performance of its functions, and may discharge or alter any
committee so appointed.
25 (2) A committee may include persons who are not members of the
board.
(3) Subject to the directions of the Trust and to the terms of any
delegation under section 33, a committee may determine its own
procedures.
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Swan and Canning Rivers Management Bill 2005
Part 3 Swan River Trust
Division 3 Staff and facilities
s. 37
Division 3 -- Staff and facilities
37. General Manager and staff
(1) In this section --
"chief executive officer" means the chief executive officer of
5 the department of the Public Service principally assisting in
the administration of the Environmental Protection
Act 1986.
(2) The chief executive officer must provide the Trust with the
services of such public service officers, including a General
10 Manager, and other professional, technical and administrative
staff as the Trust may reasonably require to perform its
functions.
(3) Subject to the control of the board, the General Manager is to
administer the day to day operations of the Trust.
15 (4) The General Manager is entitled to attend any meeting of the
board and to take part in the consideration and discussion of any
matter before a meeting, but cannot vote on any matter.
(5) The General Manager and other officers of the Trust are not, in
the performance of their functions under this Act, subject to the
20 direction of the chief executive officer.
38. Use of government staff and facilities
(1) The Trust may by arrangement with the relevant employer make
use, either full-time or part-time, of the services of any officer
or employee --
25 (a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the State.
(2) The Trust may by arrangement with --
(a) a department of the Public Service; or
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Swan River Trust Part 3
Inspectors Division 4
s. 39
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) The Trust must not enter into an arrangement under
5 subsection (1) or (2) without the prior approval of the Minister.
(4) An arrangement under subsection (1) or (2) is to be made on
such terms as are agreed to by the parties.
(5) An officer or employee provided under this section is not, in the
performance of his or her functions under this Act, subject to
10 the direction of his or her employer.
Division 4 -- Inspectors
39. Inspectors
(1) The Trust may, by instrument in writing, designate an officer of
the Trust or other officer of a public authority as an inspector.
15 (2) An inspector may perform such of the functions of an inspector
as may be specified in his or her instrument of designation.
(3) The Trust may revoke a designation under subsection (1) at any
time.
(4) A police officer is ex officio an inspector.
20 40. Identity cards
(1) The General Manager must issue to an inspector an identity card
stating that he or she has been designated as an inspector.
(2) An inspector must produce the identity card whenever requested
to do so by any person in respect of whom the inspector has
25 exercised, or is about to exercise, a power under Part 7
Division 2.
(3) Production of an identity card is evidence in any court of the
designation of the inspector to whom the identity card relates.
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Part 3 Swan River Trust
Division 5 Financial provisions
s. 41
(4) A person who ceases to be an inspector must, as soon as
practicable, return his or her identity card to the General
Manager or other person authorised to receive it.
Penalty: a fine of $10 000.
5 (5) This section does not apply to an inspector who is a police
officer.
Division 5 -- Financial provisions
41. Trust's funds
(1) Subject to this Act, the Trust is responsible for managing its
10 own finances.
(2) The funds available to the Trust to enable it to perform its
functions under this Act or any other written law are --
(a) moneys borrowed under section 45; and
(b) any other moneys lawfully received by, made available
15 to, or payable to, the Trust under this Act or any other
written law.
(3) Where any moneys or property, including moneys or property
representing a gift by will, have been accepted by the Trust
upon lawful conditions, it must apply the moneys or property in
20 accordance with those conditions.
42. Swan River Trust Account
(1) The funds referred to in section 41 must be credited to an
account called the "Swan River Trust Account" --
(a) forming part of the Trust Fund constituted under the
25 Financial Administration and Audit Act 1985 section 9;
or
(b) with the Treasurer's approval, at a bank as defined in the
Financial Administration and Audit Act 1985
section 3(1).
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Miscellaneous Division 6
s. 43
(2) All expenditure incurred by the Trust for the purposes of
performing its functions under this Act, including the repayment
of moneys borrowed by the Trust under section 45, is to be
charged to the Account and moneys standing to the credit of that
5 Account must be applied only for the purposes of this Act.
43. Temporary investment of moneys
If section 42(1)(b) applies, moneys standing to the credit of the
Account may, until required by the Trust for the purposes of this
Act, be temporarily invested by the Trust in such manner as the
10 Treasurer approves.
44. Application of Financial Administration and Audit Act 1985
The provisions of the Financial Administration and Audit
Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in relation to the
15 Trust and its operations.
45. Power to borrow from Treasurer
The Trust may borrow from the Treasurer such amounts as the
Treasurer approves on such conditions relating to repayment,
payment of interest or any other matter as the Treasurer
20 imposes.
Division 6 -- Miscellaneous
46. Execution of documents
(1) The Trust is to have a common seal.
(2) A document is duly executed by the Trust if --
25 (a) the common seal of the Trust is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Trust by a person or persons
authorised to do so under subsection (5).
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Division 6 Miscellaneous
s. 46
(3) The common seal of the Trust must not be affixed to any
document except as authorised by the Trust.
(4) The common seal of the Trust must be affixed to a document in
the presence of the chairman and another member, or the
5 chairman and an officer of the Trust authorised by the Trust
either generally or in any particular case to be so present, and
each of them must sign the document to attest that the common
seal was so affixed.
(5) The Trust may, by writing under its common seal, authorise a
10 member or members or an officer or officers of the Trust to sign
documents on behalf of the Trust, either generally or subject to
such conditions or restrictions as are specified in the
authorisation.
(6) A document purporting to be executed in accordance with this
15 section is to be presumed to be duly executed until the contrary
is shown.
(7) A document executed by a person under this section without the
common seal of the Trust is not to be regarded as a deed unless
the person executes it as a deed and is authorised under
20 subsection (5) to do so.
(8) When a document is produced bearing a seal purporting to be
the common seal of the Trust, it is to be presumed that the seal
is the common seal of the Trust until the contrary is shown.
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Swan and Canning Rivers Management Bill 2005
Targets and strategic documents Part 4
Ecological and community benefit and amenity targets Division 1
s. 47
Part 4 -- Targets and strategic documents
Division 1 -- Ecological and community benefit and amenity
targets
47. Regulations may prescribe targets
5 (1) The regulations may prescribe --
(a) ecological and community benefit and amenity targets
for the Riverpark; and
(b) targets for the catchment area that relate to the
achievement of the targets prescribed under
10 paragraph (a).
(2) Without limiting subsection (1) the regulations may --
(a) prescribe targets for levels of phosphorus, nitrogen or
other pollutants in waters;
(b) make provision for --
15 (i) monitoring protocols;
(ii) sampling procedures;
(iii) standards, criteria and benchmarks;
(iv) statistical treatments; and
(v) reporting procedures,
20 in relation to measuring the targets prescribed under
subsection (1) or paragraph (a) of this subsection.
(3) A failure to meet a target or a contravention of a regulation
prescribing a target is not an offence.
48. Consultation
25 Before regulations are made in relation to a matter referred to in
section 47 the Trust must endeavour to consult with any public
authority or person which or who appears to the Minister to be
likely to be affected in a material way by the regulations.
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Swan and Canning Rivers Management Bill 2005
Part 4 Targets and strategic documents
Division 1 Ecological and community benefit and amenity targets
s. 49
49. Draft regulations to be publicly notified
(1) The Trust must --
(a) deposit copies of draft regulations proposed to be made
in relation to a matter referred to in section 47 for public
5 inspection during ordinary business hours free of charge
at the office of the Trust; and
(b) publish the draft regulations on the Trust website.
(2) As soon as practicable after the deposit of the copies of the draft
regulations under subsection (1)(a) the Trust must publish --
10 (a) in the Gazette; and
(b) in 2 issues of a daily newspaper circulating throughout
the State,
a notice --
(c) specifying the places at which copies of the draft
15 regulations may be inspected and obtained; and
(d) stating the effect of section 50 and specifying the period
referred to in that section.
(3) The Trust may fix and charge a fee for supplying a copy of draft
regulations.
20 50. Public submissions
Submissions on draft regulations proposed to be made in
relation to a matter referred to in section 47 may be made, in the
form, if any, approved by the Trust, by any person --
(a) within a period determined by the Trust that is not less
25 than 60 days after the day on which the notice is
published in the Gazette under section 49(2)(a); and
(b) by delivering or posting them so that they are received
within that period at the offices of the Trust.
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Swan and Canning Rivers Management Bill 2005
Targets and strategic documents Part 4
Strategic documents Division 2
s. 51
Division 2 -- Strategic documents
51. River protection strategy
(1) The river protection strategy must --
(a) establish coordinated management arrangements
5 necessary for the protection and enhancement of the
ecological and community benefits and amenity of the
development control area and the Riverpark, and the
meeting of the targets referred to in section 47; and
(b) specify --
10 (i) the persons who, in addition to the Trust, are
responsible for those management arrangements;
and
(ii) their responsibilities under those management
arrangements.
15 (2) Without limiting subsection (1), the river protection strategy
may --
(a) establish objectives and performance standards for the
coordinated management of the catchment area;
(b) provide for the development of key strategies and broad
20 programmes to achieve the objectives of this Act;
(c) specify reporting and compliance requirements of
Schedule 5 authorities;
(d) set out requirements for the assessment of the state of
the development control area and the Riverpark and
25 their ecological and community benefits and amenity,
and for reporting on the effectiveness of the river
protection strategy; and
(e) set out protocols for the acquisition, assessment and
storage of information relating to requirements under
30 paragraph (d).
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Part 4 Targets and strategic documents
Division 2 Strategic documents
s. 52
(3) The river protection strategy may specify the period within
which any action recommended in the strategy must be
implemented.
52. Former EPP management plan to have effect as guidelines
5 The Comprehensive Management Plan and Implementation
Strategy for the Environmental Protection (Swan and Canning
Rivers) Policy 1997 prepared under clause 10 of that policy and
published in August 2004 have effect as guidelines for
management arrangements for the protection and enhancement
10 of the ecological and community benefits and amenity of the
development control area and the Riverpark until a river
protection strategy is approved under this Part.
53. Management programmes: contents
(1) A management programme may --
15 (a) specify the objectives of the management programme in
relation to the protection and enhancement of the
ecological and community benefits and amenity of the
development control area and the Riverpark;
(b) identify the areas or activities to which the management
20 programme applies, including areas that require priority
protection and areas requiring priority remediation; and
(c) specify the management arrangements to be
implemented.
(2) A management programme in relation to the development
25 control area must include policies and guidelines proposed to be
followed by the Trust in relation to development in the
development control area.
(3) A management programme may specify the period within which
any action recommended in the management programme must
30 be implemented.
(4) A management programme must be consistent with the river
protection strategy.
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Targets and strategic documents Part 4
Strategic documents Division 2
s. 54
(5) A management programme must not disclose any information
or matter communicated in confidence for the purposes of this
Act or which would or might reasonably be expected to cause
damage to the interests of the person from whom the
5 information was received.
54. Strategic document may adopt codes or legislation
(1) In this section --
"code" means a code, standard, rule, specification or other
document, made in or outside Australia, that does not by
10 itself have legislative effect in this State.
(2) The river protection strategy or a management programme may
adopt, either wholly or in part or with modifications --
(a) any code; or
(b) any subsidiary legislation made, determined or issued
15 under any other Act or under any Act of the
Commonwealth, another State or a Territory.
(3) If the river protection strategy or a management programme
adopts a code or subsidiary legislation, it is adopted as in force
from time to time unless the river protection strategy or
20 management programme specifies that a particular text is
adopted.
55. Minister may approve documents that are not prepared by
Trust
(1) The Minister may, on the recommendation of the Trust, approve
25 as a strategic document a document prepared by a public
authority, person or body other than the Trust.
(2) The Minister must not approve a document under subsection (1)
unless the Minister is satisfied that --
(a) the document is consistent with the river protection
30 strategy or a management programme;
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Part 4 Targets and strategic documents
Division 3 Preparation, approval and revision of river protection strategy
and management programmes
s. 56
(b) there has been sufficient community consultation, and
consultation with public authorities, persons and bodies
likely to be affected in a material way by the document,
in the preparation of the document; and
5 (c) each relevant Minister has agreed to the terms of the
document.
(3) In subsection (2)(c) --
"relevant Minister", in relation to a document referred to in
this section, means a Minister for the time being
10 responsible for the administration of a written law under
which functions are vested in a person in respect of a
matter that is likely to be affected in a material way by the
document.
Division 3 -- Preparation, approval and revision of river
15 protection strategy and management programmes
56. Trust to prepare draft documents
(1) As soon as is practicable after the commencement of this
section the Trust must prepare or cause to be prepared --
(a) a draft river protection strategy;
20 (b) a draft management programme for the Riverpark;
(c) a draft management programme for the development
control area; and
(d) such other draft management programmes as the Trust
considers necessary to give effect to the river protection
25 strategy.
(2) If the draft river protection strategy or a management
programme adopts a code or subsidiary legislation, any
reference in this Division to the draft river protection strategy or
management programme includes a reference to the code or
30 subsidiary legislation so adopted.
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Targets and strategic documents Part 4
Preparation, approval and revision of river protection strategy Division 3
and management programmes
s. 57
57. Consultation
In the preparation of the river protection strategy or a
management programme the Trust must consult --
(a) a local government to the extent that the interests of the
5 local government appear to the Minister to be likely to
be affected in a material way by the document;
(b) the Western Australian Local Government Association;
and
(c) any other public authority, person or body who or which
10 appears to the Minister to be likely to be affected in a
material way by the document.
58. Document to be publicly notified
(1) The Trust must --
(a) deposit copies of the draft river protection strategy or
15 management programme for public inspection during
ordinary business hours free of charge at the office of
the Trust; and
(b) publish the draft river protection strategy or
management programme on the Trust website.
20 (2) As soon as practicable after the deposit of the copies of the draft
river protection strategy or management programme under
subsection (1)(a) the Trust must publish --
(a) in the Gazette; and
(b) in 2 issues of a daily newspaper circulating throughout
25 the State,
a notice --
(c) specifying the places at which copies of the draft
document may be inspected and obtained, and the Trust
website address; and
30 (d) stating the effect of section 59 and specifying the period
referred to in that section.
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Part 4 Targets and strategic documents
Division 3 Preparation, approval and revision of river protection strategy
and management programmes
s. 59
(3) The Trust may fix and charge a fee for supplying a copy of a
draft document.
59. Public submissions
Submissions on the draft river protection strategy or
5 management programme may be made, in the form, if any,
approved by the Trust, by any person --
(a) within a period determined by the Trust that is not less
than 60 days after the day on which the notice is
published in the Gazette under section 58(2)(a); and
10 (b) by delivering or posting them so that they are received
within that period at the offices of the Trust.
60. Document to be referred to certain bodies
(1) The draft river protection strategy or management programme,
modified if the Trust thinks fit after considering submissions
15 made under section 59, must be referred by the Trust to each
public authority, person and body consulted under section 57
together with a summary of those submissions, and may be
referred by it to any other public authority, person or body.
(2) If a public authority, person or body to which the draft river
20 protection strategy or management programme is referred under
subsection (1) considers that the Trust should vary the
document, it may within 28 days after receipt of the draft
document under subsection (1), in writing, request the Trust to
make the variation.
25 61. Consultation with relevant Minister
(1) In this section --
"relevant Minister", in relation to a draft river protection
strategy or management programme, means a Minister for
the time being responsible for the administration of a
30 written law under which functions are vested in any person
in respect of a matter that is likely to be affected in a
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Swan and Canning Rivers Management Bill 2005
Targets and strategic documents Part 4
Preparation, approval and revision of river protection strategy Division 3
and management programmes
s. 61
material way by the draft river protection strategy or
management programme.
(2) Subject to this Part, the Trust must submit the draft river
protection strategy or management programme, modified as it
5 thinks fit to give effect to submissions made under section 59
and any request made under section 60(2), to the Minister.
(3) The Minister may direct that, before consultation is carried out
under subsection (4), the draft river protection strategy or
management programme must be modified as directed by the
10 Minister.
(4) The Minister must --
(a) consult each Minister who, in the opinion of the
Minister, is a relevant Minister; and
(b) if possible, agree with each relevant Minister on the
15 terms of the draft river protection strategy or
management programme submitted under
subsection (2).
(5) For the purposes of subsection (4) the draft river protection
strategy or management programme must be modified as
20 directed by the Minister and agreed by the relevant Minister.
(6) If the Minister and a relevant Minister cannot agree on the terms
of the draft river protection strategy or management
programme --
(a) the Minister may refuse to approve the draft document
25 and give directions to the Trust as to the preparation of a
further draft document to be submitted under
subsection (2); or
(b) if the Minister determines that action is not to be taken
under paragraph (a), the Minister may refer the matter in
30 dispute to the Governor and the decision of the
Governor on that matter is final.
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Part 4 Targets and strategic documents
Division 3 Preparation, approval and revision of river protection strategy
and management programmes
s. 62
(7) The Trust must comply with any direction of the Minister under
subsection (3), (5) or (6)(a) and give effect to any decision of
the Governor under subsection (6)(b).
62. Approval of Minister
5 The Minister may approve the draft river protection strategy or
management programme if --
(a) each relevant Minister has agreed under section 61(4) to
the terms of the draft river protection strategy or
management programme or a decision approving the
10 document has been made by the Governor under
section 61(6)(b); and
(b) in the case of a draft management programme, the
Minister is satisfied that it is consistent with the river
protection strategy.
15 63. Notice of approval
(1) Notice that a strategic document has been approved by the
Minister under section 55 or 62 must be published by the
Minister in the Gazette, together with a note showing --
(a) whether any modifications were made under section 61;
20 and
(b) where a copy of the document may be inspected or
obtained.
(2) The strategic document comes into operation on the day of
publication in the Gazette of a notice under subsection (1) or on
25 a later day that is specified in the strategic document.
(3) The Trust may fix and charge a fee for supplying a copy of the
strategic document.
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Swan and Canning Rivers Management Bill 2005
Targets and strategic documents Part 4
Preparation, approval and revision of river protection strategy Division 3
and management programmes
s. 64
64. Review and revision of documents
(1) The Trust must review each river protection strategy or
management programme approved by the Minister under
section 62 as soon as practicable after --
5 (a) the fifth anniversary of the day on which it came into
operation; and
(b) the expiry of each 5 yearly interval after that
anniversary,
and, if it considers that the circumstances so require, prepare
10 amendments to that strategic document or a revised river
protection strategy or management programme.
(2) If, on a review under this section, the Trust considers that the
river protection strategy or management programme does not
require amendment or revision it may determine that the
15 existing strategic document is to continue in force without
amendment.
(3) The following provisions, as to consultation about, and approval
of, strategic documents apply for the purposes of this section,
with all necessary changes --
20 (a) section 57, as if the reference in that section to the
preparation of the river protection strategy or a
management programme were a reference to a review of
the river protection strategy or a management
programme;
25 (b) sections 58, 59, 60, 61 and 62, as if the references in
those sections to the draft river protection strategy or
management programme were references to the
proposed amendments to the river protection strategy or
management programme or a proposal that the existing
30 river protection strategy or management programme be
continued in force without amendment;
(c) section 63 as if references in that section to a strategic
document were references to the amendment of the river
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Part 4 Targets and strategic documents
Division 4 Compliance with strategic documents
s. 65
protection strategy or management programme or the
continuation of the strategic document.
Division 4 -- Compliance with strategic documents
65. Compliance with strategic documents
5 (1) The Trust must perform its functions in accordance with the
strategic documents.
(2) Subject to sections 6 and 72, the Schedule 5 authorities must
perform their functions that affect the development control area
or the Riverpark in accordance with the strategic documents.
10 (3) A copy of each strategic document, and any code or subsidiary
legislation adopted by the strategic document, must be --
(a) kept in the offices of the Trust and be available for
inspection by the public during office hours free of
charge; and
15 (b) published on the Trust website.
66. Trust to monitor and report on compliance
(1) It is a function of the Trust --
(a) to monitor and report to the Minister at least biennially
on --
20 (i) the extent to which ecological and community
benefit and amenity targets are being met;
(ii) the extent of compliance with prescribed
ecological and community benefit and amenity
targets and strategic documents; and
25 (iii) the operation and effectiveness of the strategic
documents;
and
(b) to make recommendations to the Minister as to changes
to the prescribed ecological and community benefits and
30 amenity targets and strategic documents.
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Targets and strategic documents Part 4
Compliance with strategic documents Division 4
s. 66
(2) The Trust may, by notice in writing, require a public authority
to provide, within such reasonable time as is specified in the
notice, such information as the Trust may reasonably require to
assist it in carrying out its functions under subsection (1).
5 (3) A public authority must comply with a request under
subsection (2).
(4) Any report under subsection (1) must be included in the annual
report submitted by the accountable authority of the Trust under
the Financial Administration and Audit Act 1985 section 66.
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Swan and Canning Rivers Management Bill 2005
Part 5 Development in development control area
s. 67
Part 5 -- Development in development control area
67. Definitions
In this Part, unless the contrary intention appears --
"applicant" means a person who applies for approval under
5 section 72;
"approval" means approval for the purposes of section 70;
"development" means a development to which this Part applies
by operation of section 69;
"development application" means an application for
10 approval --
(a) made to the Trust under section 72(4); or
(b) sent to the Trust by a local government or
redevelopment authority under section 72(6);
"Swan Valley" and "Swan Valley Planning Committee" have
15 the meanings given to those terms in the Swan Valley
Planning Act 1995.
68. Use of land and waters owned or vested in public authority
Land and waters in the development control area that are owned
by or vested in a public authority may be used, but not
20 developed, without approval under section 70 if the land and
waters are used --
(a) for the purpose for which they are reserved under the
Metropolitan Region Scheme; or
(b) for any purpose for which they were lawfully used
25 before the coming into force of that Scheme.
69. Developments to which this Part applies
(1) This Part applies to a development if --
(a) it is proposed to be undertaken in the development
control area; and
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Development in development control area Part 5
s. 70
(b) no part of the development is proposed to be undertaken
on land comprised in a lot that is, in whole or in part, or
waters that are, outside that area.
(2) It is immaterial for the purposes of this Part that a development
5 is undertaken in the performance of a function vested in a
person by a written law.
(3) This Part does not apply to a development that was lawfully
being carried out in the development control area immediately
before the commencement of this section.
10 (4) A development referred to in subsection (3), or in respect of
which all necessary approvals under any written law were in
force immediately before the commencement of this section,
may be lawfully carried out as if this Part had not been enacted.
70. Development to be approved
15 (1) Subject to section 71, a person must not undertake or cause to
be undertaken any development to which this Part applies
without the approval of the Minister or, in the case of
development of a class that the Trust is authorised to approve
under section 85, the Trust.
20 Penalty:
(a) a fine of $50 000;
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
section 71, a fine of $5 000.
25 (2) A person must not undertake or cause to be undertaken any
development to which this Part applies in contravention of a
condition or restriction attached to an approval of the Minister
or the Trust.
Penalty:
30 (a) a fine of $50 000;
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Part 5 Development in development control area
s. 71
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
section 71, a fine of $5 000.
(3) The requirements of subsections (1) and (2) extend to the Trust.
5 71. Certain reclamations to be authorised by Parliament
(1) Despite any other written law, no person is to fill in or reclaim
any part of the development control area that is normally
covered by water if the area to be filled in or reclaimed --
(a) exceeds one hectare;
10 (b) is required as part of one scheme involving an area of
more than one hectare of the area so covered; or
(c) together with a contiguous area or areas that was or were
so covered and has or have been filled in or reclaimed at
any time within the preceding 5 years, would exceed one
15 hectare,
except under and in accordance with the authority of a
resolution of each House of Parliament approving the filling or
reclamation of that area.
Penalty:
20 (a) a fine of $50 000;
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
section 71, a fine of $5 000.
(2) Reference in subsection (1) to a part of the development control
25 area normally covered by water is a reference to an area so
covered when the water level measured at the Barrack Street
Jetty in Perth is 80 centimetres above low water mark measured
at Fremantle Inner Harbour as defined in the description of the
Port of Fremantle under the Port Authorities Act 1999.
30 (3) The requirements of subsection (1) extend to the Trust.
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Development in development control area Part 5
s. 72
72. Applications for approval
(1) If a development is proposed to be carried out on land that is
within the district of a local government, an application for
approval must be made in the prescribed form to that local
5 government unless the application is made under subsection (2)
or (3).
(2) If --
(a) a development is proposed to be carried out on land that
is within the redevelopment area as defined in the East
10 Perth Redevelopment Act 1991; and
(b) there is in operation in respect of that land a
redevelopment scheme under Part 4 of that Act,
an application for approval must be made in the prescribed form
to the East Perth Redevelopment Authority.
15 (3) If --
(a) a development is proposed to be carried out on land that
is within the redevelopment area as defined in the
Midland Redevelopment Act 1999; and
(b) there is in operation in respect of that land a
20 redevelopment scheme under Part 4 of that Act,
an application for approval must be made in the prescribed form
to the Midland Redevelopment Authority.
(4) If an application for approval is not required to be made in
accordance with subsection (1), (2) or (3), an application for
25 approval must be made in the prescribed form to the Trust.
(5) An application must be --
(a) signed by the owner of the land on which it is proposed
to carry out the development; and
(b) accompanied by plans and specifications of the
30 proposed development.
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(6) An application to which subsection (1), (2) or (3) applies must
be sent to the Trust by the local government or redevelopment
authority, as the case requires, within 7 days of being made to
the local government or redevelopment authority.
5 (7) An applicant must furnish such information and documents
relating to the proposed development as the Trust may
reasonably require for proper consideration of the application.
73. Consultation with other authorities
(1) The Trust must by notice in writing refer a development
10 application and information and documents relating to the
proposed development to --
(a) each local government for which the development
appears to the Trust to be a relevant matter as defined in
section 22(2)(a);
15 (b) each other public authority that appears to the Trust to
have functions that are relevant to the proposed
development; and
(c) if the development is proposed to be carried out on land
in the Swan Valley, the Swan Valley Planning
20 Committee.
(2) A local government or other public authority to which
particulars are referred under subsection (1) and, where
particulars are referred to the Swan Valley Planning Committee,
that Committee, may make submissions on the proposed
25 development to the Trust.
(3) A report must not be made by the Trust under section 75
until --
(a) the expiration of 42 days after all notices have been
given as required by subsection (1); or
30 (b) final submissions have been made to it by all authorities
to which particulars were referred under that subsection
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and, where particulars were referred to the Swan Valley
Planning Committee, by that Committee,
whichever is the sooner.
74. Public notice
5 (1) The Trust must publish on the Trust website notice of each
development application it receives.
(2) The applicant must give notice of the proposed development, in
a form approved by the Trust, in --
(a) a newspaper circulating in the district where the
10 development is proposed to be undertaken; and
(b) a newspaper circulating throughout the State,
if --
(c) the chairman advises the applicant that the chairman
considers that the proposed development is a matter of
15 significant public interest;
(d) the Trust advises the applicant that it considers that the
proposed development is a matter of significant public
interest; or
(e) the Minister so directs.
20 (3) A notice under subsection (1) or (2) --
(a) must specify the place at which particulars of the
proposed development may be inspected;
(b) must state the effect of subsection (5) and specify the
period of at least 14 days after publication of the notice
25 within which a submission may be made; and
(c) may specify the form or manner, or both, in which a
submission may be made.
(4) The Trust must send a copy of a notice referred to in
subsection (2) to each local government and redevelopment
30 authority for which the proposed development appears to the
Trust to be a relevant matter as that term is defined in
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section 22(2)(a), and that local government or redevelopment
authority must display a copy of the notice at its public office
until the expiry of the period for making submissions under
subsection (5).
5 (5) Where notice is given under subsection (1) or (2), any person
may make a submission --
(a) in the form and manner specified (if any) in the notice;
and
(b) within the period specified in the notice.
10 75. Draft report by Trust
(1) After complying with sections 73 and 74, the Trust must prepare
a draft report on the proposed development and in that draft
report make recommendations on the development application.
(2) The Trust, in preparing its report under this section, must
15 consider all submissions received by it under sections 73
and 74.
(3) The Trust must --
(a) give a copy of the draft report, with an invitation to
make submissions to the Trust on the draft report, to --
20 (i) the applicant;
(ii) each local government and other public authority
to which notice was given under section 73(1)
and where notice was given to the Swan Valley
Planning Committee, that Committee; and
25 (iii) each person who made a submission under
section 74(5);
and
(b) publish the draft report on the Trust website and in any
other way the Trust considers appropriate, with an
30 invitation to the public to make submissions to the Trust
on the draft report.
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(4) An invitation to make submissions to the Trust on the draft
report --
(a) must specify a period of at least 14 days within which a
submission may be made; and
5 (b) may specify the form or manner, or both, in which a
submission may be made.
(5) Any person may make a submission to the Trust on the draft
report --
(a) in the form and manner specified (if any) in the
10 invitation; and
(b) within the period specified in the invitation.
76. Report to Minister
(1) The Trust, after considering any submissions made under
section 75 and making such changes to the report as it considers
15 appropriate, must --
(a) give a copy of the report to --
(i) the Minister;
(ii) the applicant;
(iii) each local government and other public authority
20 to which the draft report was given under
section 75 and where notice was given to the
Swan Valley Planning Committee, that
Committee; and
(iv) each person who made a submission under
25 section 75;
and
(b) publish the report on the Trust website and in any other
way the Trust considers appropriate.
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(2) A report to the Minister under subsection (1)(a)(i) on an
application must be accompanied by --
(a) a copy of each submission made under section 73(1), 74
or 75 in relation to the application or draft report; and
5 (b) the Trust's comments on those submissions.
77. Steps to be taken by Minister
(1) The Minister after considering the report on a proposed
development and any other matter that the Minister considers
relevant must --
10 (a) deal with the application in accordance with section 80;
or
(b) instead of so doing --
(i) return the application to the Trust and direct it to
reconsider its recommendations within such
15 period as the Minister may specify; or
(ii) appoint a review committee to consider those
recommendations and report to the Minister on
them within such period as the Minister may
specify,
20 and subsequently deal with the application in
accordance with section 80.
(2) If the Minister gives a direction to the Trust under
subsection (1)(b)(i) the Minister may also direct the Trust to
consult with the applicant and any other person the Minister
25 directs in an endeavour to resolve any question in issue.
(3) The Trust must comply with any direction given to it under this
section.
78. Review committee
(1) A review committee appointed under section 77(1)(b)(ii) is to
30 consist of one person who has, or 2 or more persons at least one
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of whom has, appropriate expertise in river management and
planning.
(2) A member of a review committee is to be paid such
remuneration and travelling and other allowances as are
5 determined in the case of the member by the Minister on the
recommendation of the Minister for Public Sector Management.
79. Consideration and report by committee
(1) A review committee appointed under section 77(1)(b)(ii)
may --
10 (a) consult with the applicant and any other person it
considers appropriate; and
(b) inform itself in any manner that it considers appropriate.
(2) The Trust may make submissions to a review committee.
(3) A review committee must report to the Minister as required by
15 section 77(1)(b)(ii).
80. Minister's decision
(1) Subject to this Part, the Minister may, for the purposes of
section 70 --
(a) approve the development;
20 (b) approve the development in a modified form;
(c) give approval in terms of paragraph (a) or (b) but subject
to any conditions or restrictions; or
(d) refuse to give approval.
(2) Nothing in this Part authorises the Minister to approve a
25 development in a manner that is inconsistent with --
(a) a strategic document;
(b) an approved environmental protection policy under the
Environmental Protection Act 1986 Part III;
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(c) any condition or procedure required to be complied with
under Part IV of that Act; or
(d) if a development is proposed to be carried out in the
Swan Valley, any recommendation of the Swan Valley
5 Planning Committee in relation to that development,
unless --
(i) the approval is given with the concurrence of the
Minister for Planning; or
(ii) if the Minister and the Minister for Planning do
10 not agree, the approval is agreed to by the
Governor.
(3) The Minister may limit the time for which an approval remains
in force.
(4) Without limiting subsection (1)(c), the Minister may, as a
15 condition of an approval of a development, require an applicant
to pay a reasonable sum for or towards the cost of any study of,
or protective or remedial work in respect of, land or waters in
the development control area that is occasioned by that
development.
20 (5) The Minister or, in the case of a decision by the Trust, the Trust
must cause notice in writing of the decision to be --
(a) given to --
(i) the applicant;
(ii) each local government and other public authority
25 to which notice was given under section 73(1);
(iii) where notice was given to the Swan Valley
Planning Committee, to that Committee; and
(iv) each person who made a submission under
section 75;
30 and
(b) published on the Trust website.
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81. Financial assurance condition
(1) In this section --
"approving authority" means --
(a) in relation to an approval under section 85 -- the
5 Trust; and
(b) in relation to any other approval under this Part --
the Minister.
(2) Without limiting section 80(1)(c), an approving authority may,
as a condition of an approval, require the applicant to provide to
10 the Trust before the commencement of the development a
financial assurance of the kind specified in the condition.
(3) A financial assurance may be required to be given in one or
more of the following forms --
(a) a bank guarantee;
15 (b) a bond;
(c) an insurance policy;
(d) another form of security that the approving authority
specifies.
(4) The condition may provide for the procedures under which the
20 financial assurance may be called on or used under section 118.
(5) The amount of the financial assurance --
(a) must be specified in the condition; and
(b) must not exceed an amount that, in the opinion of the
approving authority, represents a reasonable estimate of
25 the total likely costs that might be incurred by the Trust
if it were necessary to take action under section 116(5)
or 117 in relation to that development.
(6) A condition requiring the provision of a financial assurance
lapses and no longer binds the person to whom it applies if the
30 Trust is satisfied that the reason for which the financial
assurance was required no longer exists and has given the
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person on whom the condition was imposed written notice of
the lapsing of that condition.
82. Request for reconsideration of condition
(1) If the Minister gives an approval subject to a condition or
5 restriction, the applicant may request the Minister to reconsider
that condition or restriction.
(2) A request under subsection (1) must be made --
(a) in writing; and
(b) within 28 days of the applicant receiving notice of the
10 Minister's decision.
(3) The Minister may deal with a request under this section by
confirming the decision to impose the condition or restriction,
by varying or revoking the condition or restriction or by
revoking it and substituting another condition or restriction for
15 it.
(4) Where the Minister amends a decision to impose a condition or
restriction following a request under this section, the Minister
must cause notice of the amendment to be --
(a) given to each local government and other public
20 authority to which notice was given under section 73(1)
and, where notice was given to the Swan Valley
Planning Committee, to that Committee; and
(b) published on the Trust website.
83. Correction of approval
25 (1) The Minister may --
(a) correct in an approval --
(i) a clerical mistake;
(ii) an error arising from an accidental slip or
omission;
30 (iii) a figure which has been miscalculated; or
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(iv) the misdescription of any person, thing or
property;
or
(b) make an administrative change to the format of an
5 approval which does not alter the obligations of the
person to whom the approval is given.
(2) Notice of any such correction must be --
(a) given to the person to whom the approval was given;
and
10 (b) published on the Trust website.
84. Variation or extension of approval
(1) The Minister may, on the application of a person to whom an
approval was given --
(a) authorise a minor variation to the approval; or
15 (b) extend the time for which the approval remains in force
under section 80(3) by a further period of not more than
12 months.
(2) An extension of time under subsection (1) must not be given
more than once in respect of any approval.
20 (3) The Minister must give notice of the proposal to authorise a
variation or extend the time for which an approval of a
development remains in force to each local government and
other public authority consulted in respect of the development
under section 73 and invite them to comment on the proposal.
25 (4) An invitation to make comments on the proposal --
(a) must specify a period of at least 14 days within which
comments may be made; and
(b) may specify the form or manner, or both, in which
comments may be made.
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(5) Any local government or other public authority invited to make
comments may do so --
(a) in the form and manner specified (if any) in the
invitation; and
5 (b) within the period specified in the invitation.
(6) The Minister must consider all submissions received under
subsection (5) before making a decision for the purposes of
subsection (1).
85. Power of approval may be conferred on Trust
10 (1) The regulations may prescribe classes of developments that the
Trust is authorised to approve under this section.
(2) Where the Trust is authorised under subsection (1) to approve a
development, it may resolve to do so and in that case --
(a) sections 73 and 74 apply in relation to the development
15 application;
(b) section 75 applies as if references in that section to the
Trust were references to the General Manager;
(c) section 76 applies as if references in that section --
(i) to the Trust were references to the General
20 Manager; and
(ii) to the Minister were references to the Trust;
(d) sections 77 to 79 do not apply in relation to the
development application; and
(e) the Trust may, subject to section 80(2), exercise any
25 power described in section 80(1), (3) or (4).
(3) Before exercising a power described in section 80(1) the Trust
must consider the report received by it under section 76 as
applied by this section and any other matter that the Trust
considers relevant.
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(4) An approval by the Trust under this section comes into effect, if
it is not revoked under section 87, on the day after the period in
which it may be revoked under section 87(1) has elapsed.
(5) For the purposes of this Part an approval by the Trust under this
5 section is to be taken to be the approval of the Minister.
(6) Sections 82, 83 and 84 apply to an approval given under this
section as if references to the Minister were references to the
Trust.
86. Trust must report decision to Minister
10 (1) The Trust must give to the Minister a copy of each decision it
makes under section 85 in relation to an application.
(2) The report must be accompanied by the report received by the
Trust under section 76 in relation to the application.
87. Minister may revoke decision of Trust
15 (1) The Minister may, within 14 days of receiving a copy of a
decision under section 86(1), revoke the decision.
(2) Written notice of the revocation must be --
(a) given to --
(i) the Trust;
20 (ii) the applicant;
(iii) each local government and other public authority
to which notice was given under section 75 and
where notice was given to the Swan Valley
Planning Committee, that Committee; and
25 (iv) each person who made a submission under
section 75;
and
(b) published on the Trust website and in any other way the
Trust considers appropriate.
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(3) If the Minister revokes a decision under this section --
(a) the Trust must give to the Minister the report,
submissions and comments given to the Trust in respect
of the application under section 76 as applied by
5 section 85(2)(c);
(b) the Minister must deal with the application under
section 77; and
(c) sections 78 to 84 apply accordingly as if the Trust had
not been authorised to approve the application.
10 88. False statements
A person must not, in connection with an application under this
Part, make a statement or give any information which the person
knows is false in a material particular.
Penalty: a fine of $10 000.
15 89. Compensation
(1) In this section --
"owner" means a person registered as a proprietor of freehold
land.
(2) If an application for approval is made under this Part by the
20 owner of land, other than a public authority, and the Minister --
(a) refuses approval of a development;
(b) approves a development in a modified form; or
(c) approves a development (including an approval referred
to in paragraph (b)) subject to any condition or
25 restriction that is unacceptable to the applicant,
the owner may obtain compensation for injurious affection from
the Trust.
(3) If a claim for compensation may be brought under
subsection (2), no claim lies under the Metropolitan Scheme Act
30 section 36(3)(b).
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(4) A claim under subsection (2) must be made to the Trust in the
prescribed form not later than 6 months after the day on which
the Minister's decision is notified to the applicant.
(5) Compensation is not payable under this section if payment
5 has been made for the same, or substantially the same, injurious
affection under the Metropolitan Scheme Act section 36(3)(a).
(6) The amount of compensation under subsection (2) must not
exceed the difference between --
(a) the value of the land as affected by the Minister's
10 decision; and
(b) the value of the land as not so affected,
as at the time when the Minister's decision is made.
(7) Any question as to whether any land is injuriously affected and
as to the amount and manner of payment of the sum which is to
15 be paid as compensation under this section is to be determined
by arbitration under and in accordance with the Commercial
Arbitration Act 1985, unless the parties agree on some other
method of determination.
(8) Instead of paying compensation, the Trust may purchase the
20 land affected by the Minister's decision.
(9) The Metropolitan Scheme Act section 36(2)(b), (2a), (2b), (7)
and (8) apply for the purposes of this section, with all necessary
changes, as if references in that section to the Commission were
references to the Trust.
25 (10) This section applies to a decision of the Trust under section 85
as if references in this section to the Minister were references to
the Trust.
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Part 6 -- River protection notices
90. General Manager may recommend issue of river protection
notice
(1) If the General Manager believes on reasonable grounds that, to
5 protect or enhance the ecological and community values and
amenity of the Riverpark --
(a) action by an owner, or both an owner and an occupier,
of land in the catchment area is required; or
(b) an owner, or both an owner and an occupier, of land in
10 the catchment area should refrain from action on that
land,
the General Manager may recommend to the Trust that a river
protection notice be issued in relation to that action.
(2) The recommendation must be accompanied by a report setting
15 out --
(a) the reasons for the recommendation;
(b) the action proposed to be required or restrained under
the river protection notice; and
(c) the person or persons to whom it is proposed to give the
20 notice.
(3) Before making a recommendation to the Trust the General
Manager must give each person to whom it is proposed to give
the river protection notice --
(a) a draft of the report referred to in subsection (2); and
25 (b) a reasonable opportunity to show cause in writing why
the recommendation should not be made.
(4) An opportunity is not a reasonable opportunity for the purposes
of subsection (3) unless the person is informed in writing of the
right to show cause under that subsection not less than 42 days
30 before the day on which the General Manager makes the
recommendation.
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91. River protection notice
(1) The Trust may issue a river protection notice if, after
considering the report and recommendation made under
section 90 and giving each person to whom it is proposed to
5 give the river protection notice a reasonable opportunity to show
cause in writing why the river protection notice should not be
issued, it is satisfied that the notice should be issued.
(2) An opportunity is not a reasonable opportunity for the purposes
of subsection (1) unless the person is informed in writing of the
10 right to show cause under that subsection not less than 42 days
before the day on which the Trust issues the river protection
notice.
(3) A river protection notice --
(a) must be in writing;
15 (b) must specify --
(i) the name and address of each person to whom it
is given; and
(ii) the purpose for which it is given;
(c) may impose any requirement reasonably required for the
20 purpose for which the notice is given including --
(i) a requirement that each or any one or more of the
persons on whom the notice is binding
discontinue, or not commence, a specified
activity indefinitely or for a specified period or
25 until further notice from the Trust;
(ii) a requirement that each or any one or more of the
persons on whom the notice is binding not carry
on a specified activity except at specified times
or subject to specified conditions;
30 (iii) a requirement that each or any one or more of the
persons on whom the notice is binding take
specified action in a specified way, and within a
specified period;
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(iv) a requirement that each or any one or more of the
persons on whom the notice is binding prepare,
in accordance with specified requirements and to
the satisfaction of the Trust, a plan of action to
5 protect and enhance the ecological and
community benefits and amenity of the
Riverpark, or part of the Riverpark;
(v) a requirement that each or any one or more of the
persons on whom the notice is binding comply
10 with such a plan of action to the satisfaction of
the Trust;
(vi) a requirement that each or any one or more of the
persons on whom the notice is binding undertake
specified tests or monitoring of the land;
15 (vii) a requirement that each or any one or more of the
persons on whom the notice is binding furnish to
the Trust specified results or reports;
(viii) a requirement that each or any one or more of the
persons on whom the notice is binding appoint or
20 engage a person with specified qualifications to
prepare a plan or report or to undertake tests or
monitoring required by the notice.
92. Service of notice
A river protection notice must be given to --
25 (a) each owner of the land in respect of which it is issued;
and
(b) each occupier of the land in respect of which it is issued
who --
(i) is not the owner of the land; and
30 (ii) is required to take, or refrain from taking, action
under the river protection notice.
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93. Person on whom notice is binding
Subject to sections 99 and 100 and the outcome of any
application for review, a river protection notice is binding on
each person --
5 (a) to whom it is given; and
(b) on whom it is binding in accordance with section 97.
94. Memorial may be lodged if river protection notice given
(1) In this section --
"register" means to register under the Registration of Deeds
10 Act 1856 or Transfer of Land Act 1893, as the case
requires;
"Registrar" means the Registrar of Titles under the Transfer of
Land Act 1893 or the Registrar of Deeds and Transfers
under the Registration of Deeds Act 1856, as the case
15 requires;
"responsible authority" has the meaning given to that term in
the Environmental Protection Act 1986;
"scheme" has the meaning given to that term in the
Environmental Protection Act 1986.
20 (2) If a river protection notice is issued in relation to an activity
carried out on land, or requires a person to take action on or in
relation to land, the General Manager may lodge with the
Registrar a memorial of the river protection notice in respect of
the land.
25 (3) The Registrar, on payment of any relevant fee, must register the
memorial against the relevant land.
(4) If the river protection notice is revoked under section 99 the
General Manager must give notice to the Registrar that the
memorial is to be withdrawn and the Registrar, on payment of
30 any relevant fee, must register the withdrawal of the memorial
in the appropriate manner.
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(5) A memorial, and notice that a memorial is to be withdrawn, are
each to be in a form approved by the Registrar.
(6) If a memorial is registered under this section then --
(a) the Western Australian Planning Commission must not
5 approve under the Town Planning and Development
Act 1928 section 20 the subdivision of that land, or the
amalgamation of that land with any other land; and
(b) a responsible authority must not grant approval under a
scheme for any proposed development of that land,
10 without seeking, and taking into account, the advice of
the Trust as to the suitability of the land for the
development.
(7) A memorial registered under this section has effect until it is
withdrawn.
15 95. Duty of outgoing owner or occupier to notify Trust and
successor in ownership or occupation
While a memorial of a river protection notice remains registered
under section 94, each owner or occupier of the land bound by
the river protection notice must, when that person ceases to be
20 an owner or occupier of the land, notify in writing --
(a) the Trust of the fact that the person has ceased to be the
owner or occupier of the land, and of the name and
address of each person who succeeds that person in the
ownership or occupation or both, as the case requires, of
25 that land; and
(b) each person who succeeds that person in the ownership
or occupation or both, as the case requires, of that land
of the content of the river protection notice and of the
fact that the river protection notice is binding on that
30 person.
Penalty: a fine of $5 000.
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96. Notice of memorial to be given
(1) In this section --
"responsible authority" and "scheme" have the meanings
given to those terms in section 94(1).
5 (2) As soon as is practicable after the memorial is registered or
withdrawn under section 94 written notice that the memorial is
registered or withdrawn, with a copy of the memorial or notice
to withdraw the memorial attached, as is relevant, must be given
by the General Manager to --
10 (a) each owner of the relevant land;
(b) the Western Australian Planning Commission;
(c) each local government which has located within its
district all, or part, of the relevant land; and
(d) each responsible authority the scheme of which applies
15 to all, or part, of the relevant land.
97. River protection notice binding on new owners
(1) Subject to subsection (2) a river protection notice --
(a) in respect of which a memorial under section 94 is
registered; and
20 (b) which is binding on the owner of the land,
becomes binding on each person who becomes an owner of the
land at the time that the person becomes such an owner.
(2) A river protection notice in respect of which a memorial under
section 94 is registered does not become binding on a person
25 who becomes an owner of the land because the person is a
mortgagee in possession until 45 days after the day on which the
person became an owner of the land.
98. Financial assurance requirement in river protection notice
(1) The Trust may in a river protection notice require each or any
30 one or more of the persons on whom the river protection notice
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s. 99
is binding to provide a financial assurance of the kind specified
in the notice within a time specified in the notice.
(2) A financial assurance may be required to be given in one or
more of the following forms --
5 (a) a bank guarantee;
(b) a bond;
(c) an insurance policy;
(d) another form of security that the Trust specifies.
(3) The river protection notice may provide for the procedures
10 under which the financial assurance may be called on or used
under section 118.
(4) The amount of the financial assurance --
(a) must be specified in the river protection notice; and
(b) must not exceed an amount that, in the opinion of the
15 Trust, represents a reasonable estimate of the total likely
costs that might be incurred by the Trust in taking action
under section 102 in relation to that river protection
notice.
(5) A requirement to provide a financial assurance lapses and no
20 longer binds the person to whom it applies if the Trust is
satisfied that the reason for which the financial assurance was
required no longer exists and has given the person on whom the
condition was imposed written notice of the lapsing of that
condition.
25 99. Trust may amend or cancel river protection notice
(1) The Trust may, by written notice, cancel a river protection
notice or, subject to subsections (2) and (3), amend it --
(a) by extending the period within which a requirement
contained in the river protection notice must be
30 complied with if the Trust is satisfied that the
circumstances of the case justify such an extension; or
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(b) by revoking or amending any requirement contained in
the river protection notice.
(2) The Trust, before exercising the power of amendment conferred
by subsection (1), must give the person on whom the river
5 protection notice is binding a reasonable opportunity to show
cause in writing why that power should not be exercised.
(3) An opportunity is not a reasonable opportunity for the purposes
of subsection (2) unless the person is informed in writing of the
right to show cause under that subsection not less than 21 days
10 before the day on which the Trust exercises the power in
question.
100. Review
(1) A person on whom a river protection notice is binding who is
aggrieved by --
15 (a) a requirement contained in the notice; or
(b) an amendment contained in a notice given to that person
under section 99(1),
may apply to the State Administrative Tribunal for a review of
the requirement or amendment.
20 (2) The commencement of a proceeding for the review of a
requirement or amendment stays the operation of the
requirement or amendment until the application is determined.
101. Person must comply with river protection notice
A person required to take, or refrain from taking, action under a
25 river protection notice must ensure that the requirements of the
notice are complied with within such time as is specified in the
notice.
Penalty:
(a) a fine of $50 000;
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(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
section 71, a fine of $5 000.
102. Action on non-compliance with requirement of river
5 protection notice
(1) If a person --
(a) is convicted of an offence under section 101 in respect
of a river protection notice; or
(b) in the opinion of the Trust, has not complied with a
10 requirement of a river protection notice within such time
as is specified in the notice, then, subject to
subsection (2),
the Trust may take such action as is necessary under section 103
to ensure that the requirements of the notice are complied with.
15 (2) Before taking action under section 103 in the circumstances
referred to in subsection (1)(b), the Trust must give to the
person written notice --
(a) stating that in the opinion of the Trust the person has not
complied with the requirement, or requirements, of the
20 river protection notice which is, or are, specified in the
notice under this subsection; and
(b) giving details of the proposed action.
103. Powers to ensure compliance with river protection notice
(1) A person taking action on behalf of the Trust under this section,
25 may enter on any land in respect of which the Trust is
authorised to take action under section 102(1) and on that land
may take such action as the Trust considers necessary to ensure
that the requirements of the relevant river protection notice are
complied with.
30 (2) Before exercising a power of entry under subsection (1) in
respect of any land which is occupied by a person or persons the
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Trust must give not less than 14 days written notice to the
occupier specifying --
(a) that a requirement of a river protection notice, described
in or attached to the notice referred to in this subsection,
5 has not been complied with and the Trust must take
action to ensure that the requirements of the notice are
complied with;
(b) the part of the land on which entry is to be made; and
(c) the actions proposed to be taken on that part of that land
10 to comply with the requirements of the notice.
(3) An inspector may assist the Trust to take any action under this
section if the Trust so requests.
(4) If action is taken under subsection (1), the Trust may recover
the reasonable costs incurred in taking the action, and interest at
15 the prescribed rate, from a person on whom the river protection
notice is binding, by action in a court of competent jurisdiction
as a debt due to the Trust.
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Part 7 -- Investigation and enforcement
Division 1 -- Preliminary
104. Meaning of terms used in this Part
In this Part, unless the contrary intention appears --
5 "dwelling" means --
(a) a building, structure or tent, or part of a building,
structure or tent, that is ordinarily used for human
habitation; or
(b) a mobile home,
10 and it does not matter that it is uninhabited from time to
time;
"entry warrant" means a warrant issued under Division 3;
"investigative purposes" means the purposes set out in
section 105;
15 "mobile home" means a vehicle --
(a) that is ordinarily used for human habitation; and
(b) that is permanently or semi-permanently stationary in
a single location;
"place" means any land, premises, vehicle, or a part of any
20 land, premises or vehicle;
"vehicle" means any thing capable of transporting people or
things by road, rail or water, including a hovercraft, and it
does not matter how the thing is moved or propelled.
Division 2 -- Investigative powers
25 105. Purposes for which investigation may be carried out
An investigation may be carried out for any or all of the
following purposes --
(a) to ascertain whether the provisions of the Act, the
regulations or provisions listed in Schedule 8 have been
30 or are being complied with;
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(b) to ascertain whether any requirement contained in a
river protection notice has been or is being complied
with; or
(c) to ascertain whether there are reasonable grounds to
5 recommend under section 90 that a river protection
notice be issued, and to obtain evidence for the
preparation of a report under that section.
106. Inspector may ask for personal details
(1) In this section --
10 "personal details", in relation to a person, means --
(a) the person's full name;
(b) the person's date of birth;
(c) the address of where the person is living;
(d) the address of where the person usually lives.
15 (2) If an inspector reasonably suspects that a person whose personal
details are unknown to the inspector has committed or is
committing or is about to commit an offence against a provision
of the Act, the regulations or a provision listed in Schedule 8 the
inspector may request the person to give the inspector any or all
20 of the person's personal details.
(3) An inspector must not exercise a power under subsection (2) in
relation to a provision listed in Schedule 8 unless the inspector
reasonably suspects that the offence has been committed, is
being committed or is about to be committed in the Riverpark.
25 (4) If an inspector reasonably suspects that a personal detail given
by a person in response to a request is false, the inspector may
request the person to produce evidence of the correctness of the
detail.
(5) A person who, without reasonable excuse, does not comply with
30 a request made under subsection (2) or (4) commits an offence.
Penalty: a fine of $10 000.
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(6) For the purposes of subsection (5), the fact that an inspector did
not comply with section 40(2) as soon as practicable is a
reasonable excuse.
(7) A person who, in response to a request made under
5 subsection (2) or (4), gives any false personal details commits
an offence.
Penalty: a fine of $10 000.
107. Entry and access powers of inspector
(1) For investigative purposes an inspector may do all or any of the
10 following --
(a) at any time stop, detain, board or enter a vehicle (except
a vehicle that is a mobile home);
(b) at any time enter a place that is not a dwelling;
(c) at any time enter a dwelling with the consent of the
15 person apparently in charge of the dwelling;
(d) at any time enter a place in accordance with an entry
warrant;
(e) take onto or into the place any assistants, contractors,
vehicles, instruments, equipment or materials that are
20 needed to carry out the investigation;
(f) remain on or in the place, with the assistants,
contractors, vehicles, instruments, equipment or
materials, for as long as is necessary to complete the
investigation;
25 (g) take samples or specimens of water, soil, rocks and
plants;
(h) survey and mark out land for any purpose relevant to
carrying out the investigation;
(i) photograph or film a place, vehicle and anything in or
30 on the place or vehicle.
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(2) An inspector must not exercise a power under this section in
relation to a provision listed in Schedule 8 unless the place or
vehicle is in the Riverpark.
(3) An inspector may direct a person who is or appears to be in
5 charge of a place or vehicle to give the inspector any assistance
that the inspector reasonably needs to carry out the inspector's
functions in relation to that place or vehicle.
(4) An inspector must not exercise a power under subsection (1)(b)
for a purpose set out in section 105(b) or (c) without the
10 authority of the General Manager in the particular case.
108. Obtaining records
(1) In this section --
"relevant record" means a record that --
(a) is required to be kept under this Act; or
15 (b) contains information that is relevant to a
contravention of this Act.
(2) For investigative purposes an inspector may do all or any of the
following --
(a) direct a person who has the custody or control of a
20 record to give the inspector the record or a copy of it;
(b) direct a person who has the custody or control of a
record, computer or thing to make or print out a copy of
the record or to operate the computer or thing;
(c) operate a computer or other thing on which a record is
25 or may be stored;
(d) direct a person who is or appears to be in charge of a
record that the inspector suspects on reasonable grounds
is a relevant record to give the inspector a translation,
code, password or other information necessary to gain
30 access to or interpret and understand the record;
(e) take extracts from or make copies of, or download or
print out, or photograph or film, a record that the
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Division 3 Entry warrants
s. 109
inspector suspects on reasonable grounds is a relevant
record;
(f) seize and remove, for no more than 7 days, a computer
or other thing on which a record is or may be stored;
5 (g) take away a record that the inspector suspects on
reasonable grounds is a relevant record and retain it for
as long as is necessary for the purposes of this Act;
(h) take reasonable measures to secure or protect a record,
or computer or other thing on which a record is or may
10 be stored, against damage or unauthorised removal or
interference.
(3) If an inspector seizes or is given a record, the inspector must if
practicable allow a person who otherwise has custody or control
of it to have reasonable access to it.
15 109. Exercise of power may be recorded
An inspector may record the exercise of a power under this
Division, including by making an audiovisual recording.
110. Use of force and assistance
(1) An inspector may use assistance and force that is reasonably
20 necessary in the circumstances when carrying out a function
under this Act.
(2) However, if the use of reasonable force is likely to cause
significant damage to property, the inspector is not entitled to
use force without the authority of the General Manager in the
25 particular case.
Division 3 -- Entry warrants
111. Applying for entry warrant
(1) Subject to subsection (3), an inspector may apply to a justice for
an entry warrant authorising the entry of a place for
30 investigation purposes.
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(2) An inspector may apply for an entry warrant for a place even if,
under Division 2, the inspector may enter the place without an
entry warrant.
(3) An inspector must not, without the authority of the General
5 Manager in the particular case, apply for an entry warrant
authorising the entry of a place for a purpose set out in
section 105(b) or (c).
(4) The application must be made in accordance with section 112
and must include the information prescribed (if any).
10 112. Applications, how they are to be made
(1) In this section --
"application" means an application for an entry warrant;
"remote communication" means any way of communicating at
a distance including by telephone, fax, email and radio.
15 (2) A reference in this section to making an application includes a
reference to giving information in support of the application.
(3) An application must be made in person before a justice
unless --
(a) the warrant is needed urgently; and
20 (b) the applicant reasonably suspects that a justice is not
available within a reasonable distance of the applicant,
in which case --
(c) it may be made to the justice by remote communication;
and
25 (d) the justice must not grant it unless satisfied about the
matters in paragraphs (a) and (b).
(4) An application must be made in writing unless --
(a) the application is made by remote communication; and
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(b) it is not practicable to send the justice written material,
in which case --
(c) it may be made orally; and
(d) the justice must make a written record of the application
5 and any information given in support of it.
(5) An application must be made on oath unless --
(a) the application is made by remote communication; and
(b) it is not practicable for the justice to administer an oath
to the applicant,
10 in which case --
(c) it may be made in an unsworn form; and
(d) if the justice issues an entry warrant, the applicant must
as soon as is practicable send the justice an affidavit
verifying the application and any information given in
15 support of it.
(6) If on an application made by remote communication a justice
issues an entry warrant, the justice must if practicable send a
copy of the original warrant to the applicant by remote
communication, but otherwise --
20 (a) the justice must send the applicant by remote
communication any information that must be set out in
the warrant;
(b) the applicant must complete a form of warrant with the
information received and give the justice a copy of the
25 form as soon as is practicable after doing so; and
(c) the justice must attach the copy of the form to the
original warrant and any affidavit received from the
applicant and make them available for collection by the
applicant.
30 (7) The copy of the original warrant sent, or the form of the warrant
completed, as the case may be, under subsection (6) has the
same force and effect as the original warrant.
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(8) If an applicant contravenes subsection (5)(d) or (6)(b), any
evidence obtained under the entry warrant is not admissible in
proceedings in a court.
113. Issuing an entry warrant
5 (1) A justice may issue an entry warrant if satisfied that it is
necessary for an inspector to enter a place for investigation
purposes.
(2) An entry warrant must set out --
(a) a reasonably particular description of the place to which
10 it relates;
(b) a reasonably particular description of the investigative
purpose for which entry to the place is required;
(c) the period in which it may be executed;
(d) the date and time when it was issued; and
15 (e) any other matter prescribed.
114. Effect of entry warrant
(1) An entry warrant has effect according to its content.
(2) An entry warrant may be executed by any inspector.
Division 4 -- Enforcement provisions
20 115. Obstruction or impersonation of inspector
A person commits an offence if the person --
(a) without lawful excuse, wilfully obstructs, hinders or
resists an inspector who is carrying out a function under
this Act;
25 (b) without lawful excuse, wilfully obstructs, hinders or
resists a person assisting an inspector who is carrying
out a function under this Act;
(c) without lawful excuse, does not comply with a direction
under section 107(3) or 108;
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(d) wilfully makes a false statement to, or misleads, an
inspector who is carrying out a function under this Act;
(e) impersonates an inspector.
Penalty: a fine of $10 000.
5 116. Power to direct cessation or removal of development
contrary to this Act
(1) The Trust may --
(a) by notice in writing served on a person who is --
(i) undertaking any development in contravention of
10 section 70; or
(ii) reclaiming or filling an area in contravention of
section 71,
direct that person to stop doing so; or
(b) by notice in writing served on a person who has --
15 (i) undertaken any development in contravention of
section 70; or
(ii) reclaimed or filled an area in contravention of
section 71,
direct the person within such period, being not less than
20 21 days after the service of the notice, as is specified in
the notice, to remove, pull down, take up, or alter any
development, reclamation or filling undertaken in
contravention of that section and restore the land as
nearly as practicable to its condition immediately before
25 the development started, to the satisfaction of the Trust,
or may by one notice give both of such directions to a person.
(2) A person on whom a notice is served containing a direction
under subsection (1)(b) may, within the period specified in the
notice, apply to the State Administrative Tribunal for a review
30 of the direction.
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(3) A notice containing a direction under subsection (1)(b) is
suspended as to that direction pending the determination of the
application for review.
(4) A person must comply with a notice given to the person under
5 this section.
Penalty:
(a) a fine of $50 000;
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
10 section 71, a fine of $5 000.
(5) If a person fails to comply with a notice given to the person
under subsection (1)(b), the Trust may itself remove, pull down,
take up or alter the development and may recover from the
person in any court of competent jurisdiction the costs incurred
15 by it in so doing.
117. Removal of property that is abandoned
(1) Subject to this section, the Trust may take possession of any
property that is on land or waters in the Riverpark if --
(a) the Trust has reasonable grounds to believe that the
20 property has been abandoned, is derelict or constitutes a
danger to persons, property or the environment; or
(b) a notice under subsection (2)(b) relating to that property
has not been complied with.
(2) Before it exercises the power in subsection (1)(a) in relation to
25 property that does not constitute a danger to persons, property or
the environment, the Trust must --
(a) make reasonable inquiry as to the identity and
whereabouts of the person who is or has been the owner
of the property; and
30 (b) if the identity and whereabouts of that person become
known to it give notice to that person requiring that
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person to remove the property within the time specified
in the notice.
(3) A person to whom a notice is given under subsection (2)(b)
must comply with the notice.
5 Penalty: a fine of $10 000.
(4) Any cost incurred by the Trust under this section is a debt due to
the Trust by a person who is shown to have been the owner, or
in the case of abandoned property the former owner, at the time
of removal and is recoverable in a court of competent
10 jurisdiction.
(5) Subject to subsections (6), (7) and (8) any property removed
under this section becomes the property of the Trust and may be
disposed of as it thinks fit.
(6) If the Trust's estimate of the value of the property exceeds the
15 costs referred to in subsection (4) together with the costs
associated with the sale of the same, the Trust must sell the
property, and after payment of all of its costs, hold the proceeds
in accordance with subsection (7).
(7) The proceeds of sale referred to in subsection (6) become part of
20 the funds of the Trust at the expiration of 12 months from the
date of the sale unless within that time a person proves to the
satisfaction of the Trust that that person is entitled to them or
any part of them, in which case the Trust must pay the proceeds
or part of the proceeds in accordance with that entitlement.
25 (8) Despite subsections (5), (6) and (7), the Trust must give
possession of the property to any person who, before the Trust
exercises a power under subsection (5) or (6), proves that that
person is entitled to the same and who pays to the Trust all costs
incurred by it under this section.
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118. Claim on or realising of financial assurance
(1) In this section --
"financial assurance" means a financial assurance provided
pursuant to a condition imposed under section 81 or a
5 requirement under section 98.
(2) This section applies if the Trust incurs costs in taking action
under section 102, 116(5) or 117 and the person from whom
those costs are or would be recoverable under this Act (the
"responsible person") is a person who has provided a financial
10 assurance.
(3) The Trust may recover the reasonable costs of taking the action
by making a claim on or realising the financial assurance or part
of it.
(4) Before making the claim on or realising the financial assurance
15 or part of it, the Trust must make reasonable endeavours to give
the responsible person a written notice under this section.
(5) The written notice must --
(a) state details of the action taken;
(b) state the amount of the financial assurance to be claimed
20 or realised;
(c) invite the responsible person to make representations in
writing to the Trust to show why the financial assurance
should not be claimed or realised as proposed; and
(d) state the period (at least 30 days after the notice is given
25 to the responsible person) within which representations
may be made.
(6) After the end of the period stated in the notice, the Trust must
consider any representations in writing made by the responsible
person.
30 (7) If the Trust decides to make a claim on or realise the financial
assurance or part of it, the Trust must make reasonable
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endeavours to give written notice to the responsible person of
the decision and the reasons for the decision.
(8) Any costs recovered under this section become part of the funds
of the Trust.
5 (9) Subject to subsection (11), a financial assurance may be called
on and used, despite and without affecting --
(a) any liability of the responsible person to any penalty for
an offence for a contravention to which the financial
assurance relates; and
10 (b) any other action that might be taken or is required to be
taken in relation to any contravention or other
circumstances to which the financial assurance relates.
(10) If the amount of the financial assurance claimed or realised does
not cover all the costs concerned, the Trust may recover the
15 excess from the responsible person under section 102, 116(5)
or 117, as the case requires.
(11) The Trust is not entitled --
(a) to recover costs under section 102, 116(5) or 117 if a
financial assurance has been called on and used in
20 respect of those costs (except to the extent that the
financial assurance does not cover all the costs); or
(b) to call on or use a financial assurance in respect of costs
which have been recovered under section 102, 116(5)
or 117.
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Legal proceedings Part 8
General matters Division 1
s. 119
Part 8 -- Legal proceedings
Division 1 -- General matters
119. Proceedings
(1) A prosecution for an offence against this Act may be
5 commenced and conducted by --
(a) a police officer; or
(b) a person authorised in writing by the Trust for the
purpose of the proposed proceedings.
(2) In any proceedings the authority of any person to prosecute for
10 an offence is to be presumed unless the contrary is proved.
(3) If in a charge of an offence against this Act there is an averment
that an act occurred within the catchment area, the development
control area or the Riverpark, the court, on the act being proved,
is to presume in the absence of proof to the contrary that the act
15 occurred within that area.
120. Time for bringing prosecution
(1) A prosecution for an offence under this Act must be
commenced within 24 months after the date on which the
offence is alleged to have been committed.
20 (2) Despite subsection (1), if a prosecution notice alleging an
offence under this Act specifies the day on which the evidence
of the alleged offence first came to the attention of a person
authorised to institute the prosecution under section 119(1) --
(a) the prosecution may be made within 24 months after
25 that day; and
(b) the prosecution notice need not contain particulars of the
day on which the offence is alleged to have been
committed.
(3) The day on which evidence first came to the attention of a
30 person authorised to institute a prosecution under section 119(1)
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is, in the absence of evidence to the contrary, the day specified
in the prosecution notice.
121. Liability of body corporate and of directors and managers
of body corporate
5 (1) If a body corporate commits an offence under this Act or the
regulations, each person who is a director or who is concerned
in the management of the body corporate is taken to have also
committed the same offence unless the person proves that --
(a) the person did not know, and could not reasonably be
10 expected to have known, that the offence was being
committed;
(b) the person --
(i) was not in a position to influence the conduct of
the body corporate in relation to the commission
15 of the offence; or
(ii) being in such a position, used all due diligence
and reasonable precautions to prevent the
commission of the offence;
or
20 (c) had it been prosecuted, the body corporate would not
have been found guilty of the offence by reason of being
able to establish a defence available to it under this Act.
(2) Under this section a person may be proceeded against and
convicted of an offence whether or not the body corporate has
25 been proceeded against or convicted in respect of the
commission of the offence.
(3) Nothing in this section prejudices or affects any liability
imposed on a body corporate for an offence committed by the
body corporate against this Act or the regulations.
30 (4) Without limiting any other law or practice regarding the
admissibility of evidence, evidence that an officer, employee or
agent of a body corporate (while acting in his or her capacity as
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Infringement notices Division 2
s. 122
such) had, at any particular time, a particular state of mind, is
evidence that the body corporate had that state of mind.
Division 2 -- Infringement notices
122. Meaning of terms used in this Division
5 In this Division --
"alleged offender" means a person suspected of having
committed a prescribed offence;
"prescribed offence" means an offence under this Act, or
under any regulations made under this Act, prescribed by
10 the regulations to be an offence for which an infringement
notice may be issued.
123. Infringement notices
(1) In this section --
"authorised person" means a person appointed under
15 subsection (10) to be an authorised person for the purposes
of the subsection in which the term is used.
(2) An inspector who has reason to believe that a person has
committed a prescribed offence may, within 35 days after the
offence is alleged to have been committed, give an infringement
20 notice to the alleged offender.
(3) An infringement notice must --
(a) be in the form prescribed;
(b) contain a description of the alleged offence;
(c) advise that if the alleged offender does not wish to be
25 prosecuted for the alleged offence, the amount of money
specified in the notice as being the modified penalty for
the offence may be paid to the Trust within a period of
28 days after the date of the notice; and
(d) inform the alleged offender as to how and where the
30 money may be paid.
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(4) In an infringement notice the amount specified as being the
modified penalty for the offence referred to in the notice is to be
the amount that was the modified penalty prescribed at the time
the alleged offence is believed to have been committed.
5 (5) An authorised person may, in a particular case, extend the
period of 28 days within which the modified penalty may be
paid and the extension may be allowed whether or not the
period of 28 days has elapsed.
(6) Where the modified penalty specified in an infringement notice
10 has been paid within 28 days or such further time as is allowed
and the notice has not been withdrawn, the bringing of
proceedings and the imposition of penalties are prevented to the
same extent as they would be if the alleged offender had been
convicted by a court of, and punished for, the alleged offence.
15 (7) An authorised person may, whether or not the modified penalty
has been paid, withdraw an infringement notice by sending to
the alleged offender a notice in the prescribed form stating that
the infringement notice has been withdrawn.
(8) If an infringement notice is withdrawn after the modified
20 penalty has been paid, the amount of the modified penalty must
be refunded.
(9) Payment of an amount as a modified penalty is not to be
regarded as an admission for the purposes of any proceedings,
whether civil or criminal.
25 (10) The Trust may, in writing, appoint persons or classes of persons
to be authorised persons for the purposes of subsection (3), (5)
or (7), but an inspector who gives an infringement notice is not
eligible to be an authorised person for the purposes of any of
those subsections in relation to that notice.
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s. 124
Division 3 -- Offences under other Acts
124. Schedule 8 offences
(1) A regulation listed in Schedule 8 may be enforced under this
Act as if it were a regulation made under this Act.
5 (2) For the purposes of subsection (1), a regulation listed in
Schedule 8 is to be read and construed according to the Act
under which it is made, subject to any regulations made under
this Act setting out how it is to be read and construed.
(3) Without limiting subsection (2), the maximum penalty in
10 respect of a regulation listed in Schedule 8 and enforced under
this Act is to be determined by reference to the regulations of
which the regulation is a part.
(4) Nothing in this Division affects the operation under the Act
under which it is made of a regulation listed in Schedule 8.
15 125. Offences under other Acts -- power to prosecute
A prosecution for an offence committed in the Riverpark against
a regulation listed in Schedule 8 may be commenced and
conducted under section 119.
126. Alleged offences under other Acts -- power to issue
20 infringement notice
(1) Without limiting section 124(1) a regulation listed in Schedule 8
may be prescribed for the purposes of Division 2 as if it were a
regulation made under this Act.
(2) If an offence against a regulation listed in Schedule 8 is
25 prescribed for the purposes of Division 2, an infringement
notice may be issued under section 123 in respect of the offence
if the offence is alleged to have been committed in the
Riverpark.
(3) An offence against a regulation listed in Schedule 8 must not be
30 prescribed for the purposes of section 123 unless an
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Swan and Canning Rivers Management Bill 2005
Part 8 Legal proceedings
Division 3 Offences under other Acts
s. 126
infringement notice can be issued in respect of the offence
under the Act under which the regulation is made.
(4) If a person is issued under another Act with an infringement
notice in respect of an offence against a regulation listed in
5 Schedule 8, any infringement notice issued to that person under
this Act in respect of the same offence is to be taken to have
been withdrawn under section 123(7).
page 100
Swan and Canning Rivers Management Bill 2005
Swan and Canning Rivers Foundation Part 9
s. 127
Part 9 -- Swan and Canning Rivers Foundation
127. Swan and Canning Rivers Foundation established
(1) The Minister may, by order, establish a body called the Swan
and Canning Rivers Foundation.
5 (2) The Foundation is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Foundation in its
corporate name.
128. Governing council
The Foundation is to have a council which, subject to this Act,
10 is to be the governing body of the Foundation.
129. Functions
The functions of the Foundation are --
(a) to attract and retain continuing public interest and
financial support for the Trust in the performance of its
15 functions; and
(b) to encourage donations to facilitate the performance by
the Trust of its functions.
130. Powers
The Foundation has power to do all things necessary or
20 convenient to be done for or in connection with the performance
of its functions.
131. Financial arrangements
(1) Funds received by the Foundation must be credited to an
account called the Swan and Canning Rivers Foundation
25 Account --
(a) forming part of the Trust Fund constituted under the
Financial Administration and Audit Act 1985 section 9;
or
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Part 9 Swan and Canning Rivers Foundation
s. 132
(b) with the Treasurer's approval, at a bank as defined in the
Financial Administration and Audit Act 1985
section 3(1).
(2) The Foundation Account is to be charged with all expenditure
5 lawfully incurred by the Foundation in the performance of its
functions.
(3) Moneys standing to the credit of the Foundation Account --
(a) are subject to the direction and control of the Trust; and
(b) may be transferred to the Trust for the purposes of
10 carrying this Act into effect or otherwise applied for the
purposes of the Trust or the Foundation.
(4) The operation of the Foundation Account is to be regarded as --
(a) a service under the control of the Trust for the purposes
of the Financial Administration and Audit Act 1985
15 section 54; and
(b) part of the operations of the Trust for the purposes of
Part II Division 14 of that Act.
132. Rules
(1) The Minister may, on the recommendation of the Trust, make
20 rules that are necessary or convenient for giving effect to this
Part.
(2) Without limiting subsection (1), the rules may --
(a) provide for the appointment, constitution, functions and
proceedings of the council, including power to employ
25 persons, appoint agents, obtain professional or other
services and do all things necessary or convenient to be
done for or in connection with the performance by the
Foundation of its functions;
(b) provide for membership of the Foundation, including
30 membership of different categories having different
privileges;
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Swan and Canning Rivers Foundation Part 9
s. 132
(c) provide for meetings and other proceedings of members
of the Foundation;
(d) provide for the appointment of one or more patrons of
the Foundation;
5 (e) provide for Friends of the Foundation and for the
establishment of a register of such persons;
(f) provide for the manner of execution of documents
authorised to be executed by resolution of the council;
and
10 (g) empower the council, with the approval of the Trust, to
make by-laws with respect to the operations and
proceedings of the Foundation, the council, committees
of the council and persons employed by the Foundation.
page 103
Swan and Canning Rivers Management Bill 2005
Part 10 General
s. 133
Part 10 -- General
133. Delegation by Minister
(1) Subject to subsection (4), the Minister may delegate to a person
any function of the Minister under another provision of this Act.
5 (2) The delegation must be in writing signed by the Minister.
(3) The delegation takes effect when notice of the delegation is
published in the Gazette.
(4) The Minister must not delegate a function vested in the Minister
under section 19, 55, 61 or 62, Part 5, section 127 or 132 or
10 Schedule 6.
(5) A person exercising or performing a function that has been
delegated to the person under this section is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
15 (6) Nothing in this section limits the ability of the Minister to
perform a function through an officer or agent.
134. Duties and liabilities of persons performing functions under
this Act
(1) In this section --
20 "member" means --
(a) a member of the Trust or of a committee and a person
who attends a meeting under section 22;
(b) any person to whom a function is delegated or
subdelegated under section 33.
25 (2) A member must at all times act honestly in the performance of a
function under this Act.
Penalty: a fine of $10 000.
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Swan and Canning Rivers Management Bill 2005
General Part 10
s. 134
(3) A member must not disclose any information acquired by virtue
of the performance of any function unless the disclosure is
made --
(a) in connection with the carrying out of this Act or under
5 a legal duty;
(b) as required or allowed by this Act or under another
written law;
(c) in the case of a person who attends a meeting under
section 22 --
10 (i) in connection with the performance of his or her
functions for the local government or
redevelopment authority; and
(ii) to a closed meeting, or a closed committee
meeting, of the council of the local government
15 or redevelopment authority;
(d) with the written consent of the person to whom the
information relates; or
(e) in prescribed circumstances.
Penalty: a fine of $10 000.
20 (4) A member must not make improper use of information acquired
by virtue of the performance of any function under this Act to
gain, directly or indirectly, an improper advantage for himself or
herself or to cause detriment to the Trust.
Penalty: a fine of $10 000.
25 (5) A member who commits a breach of any provision of this
section is liable for any profit made by the member or for any
damage suffered by the Trust as a result of the breach of that
provision.
(6) This section is in addition to and not in derogation of any other
30 law relating to the duty or liability of the holder of a public
office.
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Swan and Canning Rivers Management Bill 2005
Part 10 General
s. 135
135. Protection from liability
(1) In this section --
"member" means --
(a) a member of the Trust;
5 (b) a person who attends or participates in a meeting
under section 22; and
(c) a member of a committee.
(2) An action in tort does not lie against a member, an officer of the
Trust or an inspector, for anything that the person has done, in
10 good faith, in the performance or purported performance of a
function under this Act or any other written law.
(3) The protection given by subsection (2) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this Act or any other
15 written law had been enacted.
(4) Despite subsection (2), neither the Trust nor the State is relieved
of any liability that it might have for another person having
done anything as described in that subsection.
(5) In this section, a reference to the doing of anything includes a
20 reference to the omission to do anything.
136. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed, for giving effect to the
25 purposes of this Act.
(2) Without limiting subsection (1) regulations may --
(a) amend Schedules 1, 2, 3, 4, 5, 7 or 8;
(b) regulate, control or prohibit the doing of any thing in or
in relation to the development control area or the
page 106
Swan and Canning Rivers Management Bill 2005
General Part 10
s. 136
Riverpark, not being a development as defined in Part 5,
for the purpose of --
(i) protecting or enhancing the ecological and
community benefits and amenity or good
5 management of the land and waters in those
areas or any part of those areas; or
(ii) without limiting subparagraph (i), protecting or
enhancing the ecological and community
benefits and amenity of any area that has been
10 identified under a management programme as
being an area that requires priority protection or
priority remediation;
(c) for the purposes of paragraph (b), regulate or control an
activity by prohibiting it from being carried out by a
15 person except under a licence or permit issued by the
Trust to the person;
(d) regulate, control or prohibit the exhibition of
advertisements or signs in the development control area
and the Riverpark and confer power on the Trust to
20 remove or require the removal of advertisements or
signs that are exhibited or maintained in contravention
of the regulations;
(e) provide for the imposition of fees and charges;
(f) provide that contravention of a regulation constitutes an
25 offence and for penalties not exceeding a fine of $5 000
and for each separate and further offence committed by
the person under the Interpretation Act 1984 section 71,
a fine of $100.
(3) A regulation amending Schedule 8 by inserting a regulation
30 must not be made except with the concurrence of the Minister to
whom the administration of the Act under which the regulation
is made is committed by the Governor.
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Swan and Canning Rivers Management Bill 2005
Part 10 General
s. 137
137. Review of Act
(1) The Minister must carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiration of 5 years from its commencement, and in the course
5 of that review the Minister must consider and have regard to --
(a) the effectiveness of the operations of the Trust;
(b) the need for the continuation of the functions of the
Trust; and
(c) such other matters as appear to the Minister to be
10 relevant to the operation and effectiveness of this Act.
(2) The Minister must prepare a report based on the review made
under subsection (1) and must, as soon as is practicable after the
preparation of the report, cause the report to be laid before each
House of Parliament.
page 108
Swan and Canning Rivers Management Bill 2005
Catchment area Schedule 1
Schedule 1 -- Catchment area
[s. 8]
All of the land and waters shown on Deposited Plan 47464.
page 109
Swan and Canning Rivers Management Bill 2005
Schedule 2 Swan Canning Riverpark
Schedule 2 -- Swan Canning Riverpark
[s. 9]
All of the land and waters shown hatched in blue on Deposited Plan 47465.
page 110
Swan and Canning Rivers Management Bill 2005
Development control area Schedule 3
Schedule 3 -- Development control area
[s. 10]
All of the land and waters shown bordered in red on Deposited Plan 47465.
page 111
Swan and Canning Rivers Management Bill 2005
Schedule 4 River reserve
Schedule 4 -- River reserve
[s. 11]
Reserve 48325, being the land in Lot 300 on Deposited Plan 47450, Lot 301 on
Deposited Plan 47451, Lots 302 & 303 on Deposited Plan 47452, Lots 304 -
5 306 (inclusive) on Deposited Plan 47453, Lot 4893 on Deposited Plan 157903,
Lot 11523 on Deposited Plan 189858, Lots 13598 & 13599 on Deposited Plan
220695, Lot 13017 on Deposited Plan 193785, Lot 13690 on Deposited Plan
220927, Lot 13949 on Deposited Plan 27474 and Lot 14082 on Deposited Plan
26651 comprising a total area of about 3002ha.
10
Reserve 48326, being the land in Lot 320 on Deposited Plan 47467 and Lot 321
on Deposited Plan 47468 comprising a total area of about 36ha.
Reserve 48327, being the land in Lots 310 & 311 on Deposited Plan 47439,
15 Lots 312 & 313 on Deposited Plan 47440, Lots 314 - 316 (inclusive) on
Deposited Plan 47441, Lot 4162 on Deposited Plan 93607, Lots 4367 & 4368
on Deposited Plan 194473, Lot 4369 on Deposited Plan 194474, Lot 4280 on
Deposited Plan 215572 and Lot 4840 on Deposited Plan 32737 comprising a
total area of about 558ha.
page 112
Swan and Canning Rivers Management Bill 2005
Authorities Schedule 5
Schedule 5 -- Authorities
[s. 3, 6(1), 136(2)(a)]
1. The chief executive officers of the departments principally assisting in
the administration of the following Acts, and any other person
5 carrying out functions under the following Acts, to the extent that
their functions relate to matters affected by this Act --
(a) the Armadale Redevelopment Act 2001;
(b) the Bush Fires Act 1954;
(c) the Conservation and Land Management Act 1984;
10 (d) the East Perth Redevelopment Act 1991;
(e) the Environmental Protection Act 1986;
(f) the Fire and Emergency Services Authority of Western
Australia Act 1998;
(g) the Fish Resources Management Act 1994;
15 (h) the Forest Products Act 2000;
(i) the Health Act 1911;
(j) the Hope Valley-Wattleup Redevelopment Act 2000;
(k) the Jetties Act 1926;
(l) the Land Administration Act 1997;
20 (m) the Land Drainage Act 1925;
(n) the Local Government Act 1995;
(o) the Main Roads Act 1930;
(p) the Marine and Harbours Act 1981;
(q) the Midland Redevelopment Act 1999;
25 (r) the Mining Act 1978;
(s) the Port Authorities Act 1999;
(t) the Public Transport Authority Act 2003;
(u) the Rights in Water and Irrigation Act 1914;
(v) the Shipping and Pilotage Act 1967;
30 (w) the Soil and Land Conservation Act 1945;
(x) the Stock (Identification and Movement) Act 1970;
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Swan and Canning Rivers Management Bill 2005
Schedule 5 Authorities
(y) the Strata Titles Act 1985;
(z) the Subiaco Redevelopment Act 1994;
(aa) the Town Planning and Development Act 1928;
(bb) the Transport Co-ordination Act 1966;
5 (cc) the Water and Rivers Commission Act 1995;
(dd) the Water Corporation Act 1995;
(ee) the Waterways Conservation Act 1976;
(ff) the Western Australian Land Authority Act 1992;
(gg) the Western Australian Planning Commission Act 1985.
10 2. The Armadale Redevelopment Authority established under the
Armadale Redevelopment Act 2001.
3. The Conservation Commission established under the Conservation
and Land Management Act 1984.
4. The Marine Parks and Reserves Authority established under the
15 Conservation and Land Management Act 1984.
5. The East Perth Redevelopment Authority established under the East
Perth Redevelopment Act 1991.
6. The Fire and Emergency Services Authority of Western Australia
established under the Fire and Emergency Services Authority of
20 Western Australia Act 1998.
7. The Forest Products Commission established under the Forest
Products Act 2000.
8. A local government or commissioner appointed under the Local
Government Act 1995 to administer that local government.
25 9. The Commissioner of Main Roads appointed under the Main Roads
Act 1930.
10. The Midland Redevelopment Authority established under the Midland
Redevelopment Act 1999.
11. The Public Transport Authority of Western Australia established
30 under the Public Transport Authority Act 2003.
12. The Commissioner for Soil Conservation appointed under the Soil
and Land Conservation Act 1945.
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Swan and Canning Rivers Management Bill 2005
Authorities Schedule 5
13. The Subiaco Redevelopment Authority established under the Subiaco
Redevelopment Act 1994.
14. The Western Australian Land Authority established under the Western
Australian Land Authority Act 1992.
5 15. The Western Australian Planning Commission established under the
Western Australian Planning Commission Act 1985.
16. A licensee as defined in the Water Services Licensing Act 1995.
17. The holder of a licence under the Electricity Industry Act 2004.
18. The holder of a distribution licence under the Energy Coordination
10 Act 1994.
19. Any decision-making authority as defined in the Environmental
Protection Act 1986 section 3.
page 115
Swan and Canning Rivers Management Bill 2005
Schedule 6 Constitution and proceedings of the board
Division 1 General provisions
cl. 1
Schedule 6 -- Constitution and proceedings of the board
[s. 20]
Division 1 -- General provisions
1. Meaning of "appointed member"
5 In this Division --
"appointed member" means a person appointed under
section 19(1)(a) or (c).
2. Term of office
(1) An appointed member holds office for such period, not exceeding
10 3 years, as is specified in the instrument of his or her appointment,
and is eligible for reappointment.
(2) Despite subclause (1), if the period of office of an appointed member
expires by effluxion of time without a person having been appointed
to fill the vacancy, the appointed member continues in office until a
15 person is appointed to fill the vacancy.
3. Extent of duties
(1) The chairman may be appointed on terms that require the duties of
that office to be performed on a full-time basis.
(2) Except as provided in subclause (1), appointment as a member must
20 be on a part-time basis.
4. Resignation and removal
(1) The office of an appointed member becomes vacant if --
(a) the member resigns the office by written notice addressed to
the Minister;
25 (b) the member is an insolvent under administration as defined in
the Corporations Act 2001 (Commonwealth);
(c) the member is absent, without leave of the Minister, from
3 consecutive meetings of which the member has had notice;
(d) the member is removed from office by the Minister under
30 subclause (2).
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Constitution and proceedings of the board Schedule 6
General provisions Division 1
cl. 5
(2) The Minister may remove an appointed member from office if the
Minister is satisfied that the member --
(a) is incompetent, has misbehaved or has neglected his or her
duties as a member; or
5 (b) is suffering from mental or physical incapacity impairing the
performance of his or her functions.
5. Leave of absence
The Minister may grant leave of absence to a member on such terms
and conditions as the Minister thinks fit.
10 6. Deputy chairman
The Minister must designate one of the members appointed under
section 19(1)(a) as the deputy chairman of the board and that person
has, during any period when the chairman is absent or otherwise
unable to perform the functions of chairman, all of the functions and
15 entitlements of the chairman.
7. Temporary members
(1) Where a member, other than the chairman, is unable to act by reason
of sickness, absence or other cause, the Minister may appoint a person
who, as far as is practicable, has similar knowledge and experience as
20 that member to act in place of that member, and while so acting the
appointee has all the functions and entitlements of a member.
(2) An appointment under subclause (1) may be revoked by the Minister
at any time.
(3) If the deputy chairman is performing the functions of the chairman at
25 a meeting, subclause (1) applies as though the deputy chairman were
absent from the meeting.
(4) No act or omission of a person acting in place of another under this
clause is to be questioned on the ground that the occasion for so
acting had not arisen or had ceased.
30 8. Meetings
(1) Subject to subclause (2), meetings must be held at the times and
places determined by the board.
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Swan and Canning Rivers Management Bill 2005
Schedule 6 Constitution and proceedings of the board
Division 1 General provisions
cl. 9
(2) The chairman or any 4 members may, on reasonable notice to all
members, call a meeting at any time.
(3) At a meeting of the board, 5 members constitute a quorum.
(4) The chairman must preside at all meetings of the board at which he or
5 she is present, or in which he or she is participating under clause 10.
(5) If both the chairman and the deputy chairman are not present or
participating, the members present or participating must appoint a
member to preside.
(6) Questions arising at a meeting of the board must be decided, in open
10 voting, by a majority of the votes of members present.
(7) If the votes of members present or participating at a meeting and
voting on a question are equally divided, the person presiding has a
casting vote in addition to a deliberative vote.
(8) In this clause --
15 "member" includes a person who attends a meeting under section 22.
9. Resolution may be passed without meeting
(1) If --
(a) a document containing a statement to the effect that a
resolution has been passed is sent or given to all members;
20 (b) the document is assented to by not less than 5 members,
that resolution is to be taken as having been passed by a meeting of
the board.
(2) Subclause (1) does not apply to a resolution that relates to a relevant
matter for a local government as defined in section 22(2) unless the
25 local government has consented in writing to the passing of the
resolution.
(3) For the purposes of subclause (1) --
(a) the meeting is to be taken as having been held --
(i) if the members assented to the document on the same
30 day -- on the day on which the document was
assented to and at the time at which the document
was last assented to by a member; or
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Swan and Canning Rivers Management Bill 2005
Constitution and proceedings of the board Schedule 6
General provisions Division 1
cl. 10
(ii) if the members assented to the document on different
days -- on the day on which, and at the time at
which, the document was last assented to by a
member;
5 (b) 2 or more separate documents in identical terms each of
which is assented to by one or more members are to be taken
to constitute one document; and
(c) a member may signify assent to a document --
(i) by signing the document; or
10 (ii) by notifying the Trust of the member's assent in
person or by post, facsimile transmission, telephone,
email or other method of written, electronic, audio or
audiovisual communication.
(4) Where a member signifies assent to a document otherwise than by
15 signing the document, the member must by way of confirmation sign
the document at the next meeting of the board attended by the
member, but failure to do so does not invalidate the resolution to
which the document relates.
(5) Where a document is assented to in accordance with subclause (1), the
20 document is to be taken as a minute of a meeting of the board.
(6) The chairman must report the passing of a resolution under
subclause (1) to the next meeting of the board.
10. Telephone or similar meeting
(1) In this clause --
25 "member" includes a person who participates in a meeting under
section 22.
(2) A communication between a majority of members by telephone, audio
visual or other electronic means is a valid meeting of the board if --
(a) each participating member is capable of communicating with
30 every other participating member instantaneously at all times
during the proceedings; and
(b) all members were advised that the communication would be
taking place and were given the opportunity to participate.
page 119
Swan and Canning Rivers Management Bill 2005
Schedule 6 Constitution and proceedings of the board
Division 2 Disclosure of interests
cl. 11
11. Minutes of meetings
The board must cause accurate records to be kept of the proceedings
at its meetings.
12. Procedures
5 Subject to this Act, the board is to determine its own procedures.
Division 2 -- Disclosure of interests
13. Interpretation
In this Division --
"member" includes a person who attends a meeting under section 22.
10 14. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the board must, as soon as
possible after the relevant facts have come to the member's
knowledge, disclose the nature of the interest at a meeting of the
15 board.
Penalty: a fine of $10 000.
(2) A disclosure under subclause (1) must be recorded in the minutes of
the meeting.
15. Voting by interested members
20 A member who has a material personal interest in a matter that is
being considered by the Board --
(a) must not vote whether at a meeting or otherwise --
(i) on the matter; or
(ii) on a proposed resolution under clause 16 in respect of
25 the matter, whether relating to that member or a
different member;
and
(b) must not be present while --
(i) the matter; or
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Swan and Canning Rivers Management Bill 2005
Constitution and proceedings of the board Schedule 6
Disclosure of interests Division 2
cl. 16
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at a meeting.
16. Clause 15 may be declared inapplicable
5 Clause 15 does not apply if the board has at any time passed a
resolution that --
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied
that the interest should not disqualify the member from
10 considering or voting on the matter.
17. Quorum where clause 15 applies
(1) Despite clause 8(3), if a member of the board is disqualified under
clause 15 in relation to a matter, a quorum is present during the
consideration of the matter if at least 4 members are present who are
15 entitled to vote on any motion that may be moved at the meeting in
relation to the matter.
(2) The Minister may deal with a matter to the extent that the board
cannot deal with it because of subclause (1).
18. Minister may declare clauses 15 and 17 inapplicable
20 (1) The Minister may, in writing, declare that clause 15 or 17 or both of
them do not apply in relation to a specified matter either generally or
in voting on particular resolutions.
(2) The Minister must cause a copy of a declaration made under
subclause (1) to be laid before each House of Parliament or dealt with
25 under clause 19 within 14 days after the declaration is made.
19. Supplementary provision about laying documents before
Parliament
(1) If --
(a) at the commencement of a period referred to in clause 18(2)
30 in respect of a document a House of Parliament is not sitting;
and
page 121
Swan and Canning Rivers Management Bill 2005
Schedule 6 Constitution and proceedings of the board
Division 2 Disclosure of interests
cl. 19
(b) the Minister is of the opinion that that House will not sit
during that period,
the Minister must transmit a copy of the document to the Clerk of that
House.
5 (2) A copy of a document transmitted to the Clerk of a House is to be --
(a) taken to have been laid before that House; and
(b) taken to be a document published by order or under the
authority of that House.
(3) The laying of a copy of a document that is taken to have occurred
10 under subclause (2) is to be recorded in the Minutes, or Votes and
Proceedings, of the House on the first sitting day of the House after
the Clerk received the copy.
page 122
Swan and Canning Rivers Management Bill 2005
Local governments and redevelopment authorities Schedule 7
Schedule 7 -- Local governments and redevelopment
authorities
[s. 22, 26]
Local governments
5 City of Armadale
Town of Bassendean
City of Bayswater
City of Belmont
City of Canning
10 Town of Claremont
Town of East Fremantle
City of Fremantle
City of Gosnells
Shire of Kalamunda
15 City of Melville
Town of Mosman Park
Shire of Mundaring
City of Nedlands
Shire of Peppermint Grove
20 City of Perth
City of South Perth
City of Subiaco
City of Swan
Town of Victoria Park
25 Town of Vincent
Redevelopment authorities
East Perth Redevelopment Authority
Midland Redevelopment Authority
page 123
Swan and Canning Rivers Management Bill 2005
Schedule 8 Prescribed regulations
Schedule 8 -- Prescribed regulations
[s. 125]
Item Regulation Description of offence
1 Litter Regulations 1981 Damage to litter receptacle
regulation 4
2 Litter Regulations 1981 Interference with litter
regulation 5 receptacle
3 Litter Regulations 1981 Depositing domestic or
regulation 6 commercial waste in litter
receptacle
4 Environmental Protection Discharging certain
(Unauthorised Discharges) materials into the
Regulations 2004 regulation 3 environment
5 Environmental Protection Applying or selling
Regulations 1987 organotin anti-fouling paint
regulation 16
6 Environmental Protection Disposing of controlled
(Controlled Waste) waste other than in
Regulations 2004 accordance with regulation
regulation 39
7 Environmental Protection Disposing of material
(Controlled Waste) containing asbestos other
Regulations 2004 than in accordance with
regulation 43 regulation
5
page 124
Swan and Canning Rivers Management Bill 2005
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Account ...................................................................................................... 3(1)
affect........................................................................................................... 7(1)
alleged offender............................................................................................ 122
applicant ........................................................................................................ 67
application ...............................................................................................112(1)
appointed member ............................................................................Sch. 6, cl. 1
approval ......................................................................................................... 67
approving authority ....................................................................................81(1)
authorised person .....................................................................................123(1)
board........................................................................................................... 3(1)
CALM Act .................................................................................................11(1)
catchment area ............................................................................................ 3(1)
chairman ..................................................................................................... 3(1)
chief executive officer ................................................................................37(1)
code ...........................................................................................................54(1)
committee ................................................................................................... 3(1)
Crown land ................................................................................................. 3(1)
development...........................................................................................3(1), 67
development application................................................................................. 67
development control area............................................................................. 3(1)
document ...................................................................................................35(1)
dwelling....................................................................................................... 104
eligible person............................................................................................33(1)
entry warrant ................................................................................................ 104
financial assurance ...................................................................................118(1)
Foundation .................................................................................................. 3(1)
Foundation Account .................................................................................... 3(1)
General Manager......................................................................................... 3(1)
high water mark .......................................................................................... 3(1)
information ................................................................................................35(1)
inspector ..................................................................................................... 3(1)
investigative purposes................................................................................... 104
land............................................................................................................. 3(1)
lease...........................................................................................................29(1)
lot ............................................................................................................... 3(1)
management programme.............................................................................. 3(1)
Marine Authority........................................................................................11(1)
marine reserve............................................................................................11(1)
member .... 3(1), 21(1), 134(1), 135(1), Sch. 6, cl. 8(8), Sch. 6, cl. 10(1), Sch. 6, cl. 13
page 125
Swan and Canning Rivers Management Bill 2005
Defined Terms
Metropolitan Region Scheme....................................................................... 3(1)
Metropolitan Scheme Act ............................................................................ 3(1)
Minister for Lands......................................................................................12(1)
Minister for Planning................................................................................... 3(1)
mobile home ................................................................................................ 104
native title rights and interests...................................................................... 7(1)
NTA ........................................................................................................... 7(1)
officer of the Trust....................................................................................... 3(1)
owner................................................................................................ 3(1), 89(1)
personal details.........................................................................................106(1)
place ............................................................................................................ 104
prescribed.................................................................................................... 3(1)
prescribed offence ........................................................................................ 122
private land ................................................................................................28(1)
public authority ........................................................................................... 3(1)
redevelopment authority .............................................................................. 3(1)
register.......................................................................................................94(1)
Registrar ....................................................................................................94(1)
relevant Minister ............................................................................. 55(3), 61(1)
relevant record .........................................................................................108(1)
remote communication .............................................................................112(1)
responsible authority ....................................................................... 94(1), 96(1)
responsible person ....................................................................................118(2)
river protection notice.................................................................................. 3(1)
river protection strategy............................................................................... 3(1)
River reserve ............................................................................................... 3(1)
River reserve lessee ..................................................................................... 3(1)
Riverpark .................................................................................................... 3(1)
Riverpark shoreline ........................................................................... 3(1), 12(1)
Schedule 5 authority.................................................................................... 3(1)
Schedule 5 Minister..................................................................................... 6(5)
scheme............................................................................................ 94(1), 96(1)
strategic document....................................................................................... 3(1)
Swan Valley................................................................................................... 67
Swan Valley Planning Committee................................................................... 67
Trust ........................................................................................................... 3(1)
Trust website............................................................................................... 3(1)
unallocated Crown land ............................................................................... 3(1)
unmanaged reserve .....................................................................................12(1)
vehicle ......................................................................................................... 104
waters ......................................................................................................... 3(1)
Western Australian Planning Commission ................................................... 3(1)
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