Swan and Canning Rivers Management Act 2006 (WA)

Western Australia Swan and Canning Rivers Management Act 2006 Western Australia Swan and Canning Rivers Management Act 2006 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Crown bound 6 5. Objectives of Act and principles to be regarded 6 6. Objectives and principles paramount; disputes between CEO and Schedule 5 authority 9 7. Native title rights and interests, how affected by this Act 11 Part 2 — Land and waters to which this Act applies 8. Catchment area defined (Sch. 1) 12 9. Riverpark defined (Sch. 1 and 2) 12 10. Development control area defined (Sch. 1 and 3) 12 11. River reserve defined (Sch. 1 and 4), reserved and vested in Trust 12 12. Riverpark shoreline, responsibility for 14 13. Amending Schedules 1 to 4 by regulations 16 14. Boundaries of catchment area etc., proving 18 15. Boundaries of catchment area etc., resolving questions as to 18 Part 3 — Swan River Trust Division 1 — Establishment and management 16. Trust established and nature of 20 17. Trust is agent of Crown etc. 20 18. Board of management of Trust 20 19. Board, membership of 20 20. Board, constitution and proceedings of (Sch. 6) 22 21. Remuneration and allowances of members 22 22A. CEO entitled to attend board meeting 22 22. Local governments and Metropolitan Redevelopment Authority, attendance of nominees of at board meetings 22 Division 2 — Functions and powers 23. Functions of Trust 24 24. Powers of Trust 26 25. Consultation and matters to be considered by Trust 26 28A. Assistance, staff and facilities to be provided 27 28B. Delegation by Trust 27 28C. Minister may give Trust directions 28 28D. Minister to have access to information 28 28E. Trust may appoint committees 29 28F. Execution of documents 30 28G. Annual report 31 Part 4A — Management of land and waters 28. CEO may agree to manage private land 32 29. CEO may grant leases of River reserve 32 30. Consequences of contravening River reserve lease 34 31. River reserve lease, procedure for forfeiting 35 32. CEO may enter into licence agreements in relation to River reserve 36 32A. Terms and conditions of licence agreements 37 32B. Consequences of contravening conditions of licence agreement determined by CEO under s. 32A(2)(a) 39 Part 4B — Administration Division 1 — Functions and powers of CEO 33. Functions of CEO 41 34. Consultation and matters to be considered by CEO 42 35. Consultation with local governments and Metropolitan Redevelopment Authority 43 36. Payment for advice and other matters 44 37. Collaborative arrangements 44 38. Delegation by CEO 45 Division 2 — Inspectors 39. Inspectors, designating etc. 47 40. Identity cards for inspectors 47 Part 4 — Targets and strategic documents Division 1 — Ecological and community benefit and amenity targets 47. Regulations may prescribe targets 49 48. Consultation with public authorities etc. about proposed s. 47 regulations 49 49. Draft s. 47 regulations to be publicly notified 50 50. Public submissions about draft s. 47 regulations 50 Division 2 — Strategic documents 51. River protection strategy, content of 51 52. Comprehensive Management Plan and Implementation Strategy (2004), temporary effect of 52 53. Management programmes, content of 52 54. Codes and subsidiary legislation, river protection strategy and management programme may adopt 53 55. Documents not prepared by Trust, approval of as strategic documents 54 Division 3 — Preparation, approval and revision of river protection strategy and management programmes 56. Trust to prepare draft documents 54 57. Consultation with local governments etc. about proposed documents 55 58. Draft document to be publicly notified 56 59. Public submissions about draft document 56 60. Draft document to be referred to certain bodies 57 61. Consultation with relevant Minister about draft document 57 62. Approval of draft document by Minister 58 63. Approval of strategic document to be published; when strategic document operates 59 64. Certain strategic documents, periodic review of 59 Division 4 — Compliance with strategic documents 65. Who has to comply with strategic documents; documents etc. to be publicly available 61 66. Trust to report etc. on targets, compliance etc. 61 Part 5 — Development in development control area 67. Terms used 63 68. Land etc. owned by etc. public authority, use and development of 63 69. Developments to which this Part applies 64 70. Development to be approved 64 71. Certain reclamations to be authorised by Parliament 65 72. Approval, applying for 66 73. Consultation with local governments etc. about development application 67 74. Development applications to be publicised 68 75. Draft report by CEO on proposed development 69 76. Report by CEO to Minister on proposed development 71 77. Minister's options after considering s. 76 report 72 78. Review committee under s. 77(1)(b)(ii), membership of etc. 73 79. Review committee's functions as to CEO's recommendations 73 80. Minister's decision 73 81. Financial assurance condition may be imposed on approval 75 82. Condition etc. on approval, request for reconsideration of 76 83. Correction of approval 77 84. Variation or extension of approval 77 85. Approvals by CEO 78 86. CEO must give section 85 decision to Minister 79 87. Minister may revoke CEO's decision 79 88. False statements in applications 80 89. Refusal etc. of development, compensation for injurious affection for etc. 80 Part 6 — River protection notices 90. CEO may request advice from Trust on issue of river protection notice 83 91. Issue of notice by CEO 84 92. Service of notice 85 93. Who a notice binds 86 94. Memorial on land title of notice 86 95. Owner etc. of land subject to s. 94 memorial, duties of if land changes ownership etc. 87 96. CEO must give notice of memorial or withdrawal 88 97. Notice subject of s. 94 memorial binds new owners of land 88 98. Financial assurance requirement, inclusion of in notice 89 99. Amending or cancelling notice 90 100. Review by SAT of requirement or amendment in notice 90 101. Contravening notice, offence 91 102. CEO's powers in case of contravention of notice 91 103. Entry to land etc. to ensure compliance with notice, powers as to 92 Part 7 — Investigation and enforcement Division 1 — Preliminary 104. Terms used 93 Division 2 — Investigative powers 105. Purposes for which investigation may be carried out 93 106. Personal details of suspect, powers to obtain 94 107. Entry etc. powers 95 108. Records, powers to obtain 96 109. Exercise of power may be recorded 97 110. Force and assistance, use of 97 Division 3 — Entry warrants 111. Entry warrant, who may apply for 98 112. Applications for entry warrant, how to be made 98 113. Entry warrant, issue of 100 114. Entry warrant, effect of 100 Division 4 — Enforcement provisions 115. Obstructing or impersonating inspector, offence 101 116. CEO's powers in respect of illegal development 101 117. Abandoned etc. property, powers as to 103 118. Recovery of costs in case of financial assurance 104 Part 8 — Legal proceedings Division 1 — General matters 119. Prosecutions, commencing etc. and averments in 107 120. Time limit for prosecuting 107 121. Establishing state of mind of body corporate 108 121A. Liability of officers for offence by body corporate 108 Division 2 — Infringement notices 122. Terms used 108 123. Infringement notices 109 Division 3 — Offences under other Acts 124. Offences under other Acts (Sch. 8), enforcing under this Act 110 125. Offences under other Acts (Sch. 8), prosecuting 111 126. Alleged offences under other Acts (Sch. 8), infringement notices for 111 Part 9 — Swan and Canning Rivers Foundation 127. Foundation established 113 128. Council to govern Foundation 113 129. Functions of Foundation 113 130. Powers of Foundation 113 131. Swan and Canning Rivers Foundation Account 113 132. Rules for this Part 114 Part 10 — General 133. Delegation by Minister 116 134. Duties and liabilities of members etc. performing functions under this Act 116 135. Protection from personal liability 118 136. Regulations 118 137. Review of Act 120 Part 11 — Transitional provisions Division 1 — Provisions for Swan and Canning Rivers Management Amendment Act 2015 138. Terms used 121 139. Completion of things commenced 122 140. Continuing effect of things done 122 141. Contracts, agreements and other instruments 122 142. Assignment to State or CEO 123 143. Swan River Trust Account 124 144. Registration of documents 124 145. Exemption from State taxation 125 146. Development applications 126 147. River protection notices 126 148. Transitional regulations 127 149. Interpretation Act 1984 not affected 128 Division 2 — Provisions for Swan and Canning Rivers Management Amendment Act 2023 150. Certain licences granted under s. 32 before commencement of Swan and Canning Rivers Management Amendment Act 2023 128 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. Term used: appointed member 138 2. Term of office 138 4. Resignation and removal 138 5. Leave of absence 139 6. Deputy chairman 139 7. Temporary members 139 8. Meetings, times and places of, quorum at etc. 139 9. Resolution may be passed without meeting 140 10. Meetings by telephone etc. 141 11. Minutes of meetings 142 12. Procedures 142 Division 2 — Disclosure of interests 13. Term used: member 142 14. Material personal interests to be disclosed 142 15. Member with material personal interest not to vote etc. 142 16. Clause 15 may be declared inapplicable 143 17. Quorum if cl. 15 applies 143 18. Minister may declare cl. 15 and 17 inapplicable 143 19. Supplementary provision about laying documents before Parliament 144 Schedule 7 — Local governments Schedule 8 — Prescribed regulations Notes Compilation table 147 Uncommenced provisions table 149 Defined terms Western Australia Swan and Canning Rivers Management Act 2006 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 to provide advice and perform other functions in respect of the Swan and Canning Rivers and associated land; * the management policies to be followed 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. [Long title amended: No. 6 of 2015 s. 4.]