Western Australian Legislation
Western Australia Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 Swan and Canning Rivers (Transitional) Regulations 2007 Western Australia Swan and Canning Rivers (Transitional) Regulations 2007 Contents 1. Citation 1 2. Interpretation 1 3. Pending Part 5 development applications 1 4. Pending MRS development applications 2 5. Section 10 agreements 2 Notes Compilation table 3 Western Australia Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 Swan and Canning Rivers (Transitional) Regulations 2007
1. Citation These regulations are the Swan and Canning Rivers (Transitional) Regulations 2007. Note for this regulation: Under the Interpretation Act 1984 section 25(3), these regulations take effect on the day on which the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 section 9 commences.
2. Interpretation (1) In these regulations — commencement day means the day on which the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 section 9 commences; repealed Act means the Swan River Trust Act 1988. (2) Unless the contrary intention appears, words and expressions used in these regulations have the same meaning as they have in the Swan and Canning Rivers Management Act 2006.
3. Pending Part 5 development applications (1) An application for approval of a development made under Part 5 of the repealed Act and not finally dealt with under the repealed Act immediately before the commencement day is to be dealt and determined under the repealed Act as if the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 section 4 and the Swan and Canning Rivers Management Act 2006 Part 5 had not been enacted. (2) Despite subregulation (1), the Trust, in dealing with an application referred to in that subregulation after the coming into operation of these regulations, is to be constituted under the Swan and Canning Rivers Management Act 2006. (3) A development referred to in subregulation (1) in respect of which all necessary approvals under the repealed Act are given may be lawfully carried out as if it were approved under the Swan and Canning Rivers Management Act 2006, and the Swan and Canning Rivers Management Act 2006 section 70 applies in relation to the approval, and any conditions and restrictions attached to the approval, accordingly.
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