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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Swan and Canning Rivers (Consequential and
Transitional Provisions) Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
Part 2 -- Swan River Trust Act 1988
repealed and consequential
amendments
4. Swan River Trust Act 1988 repealed 3
5. Environmental Protection (Swan and Canning
Rivers) Policy 1997 approval revoked 3
6. Acts in Schedule 1: consequential amendments 3
7. Power to amend regulations 3
Part 3 -- Transitional and saving
provisions
8. Application of Interpretation Act 1984 5
9. Transitional regulations 5
10. Construction of references in written laws 6
11. Trust continues 7
12. Membership of the Trust 7
13. Certain leases have effect as if entered into by
Swan River Trust 7
14. Subsidiary legislation 8
108--2 page i
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Contents
Part 4 -- Amendments to
Metropolitan Region Scheme
15. Metropolitan Region Scheme amended 9
16. Effect of amendments 9
17. Clause 3 amended 9
18. Clause 10A amended 9
19. Clause 24 amended 10
20. Clause 29 amended 10
21. Clause 30A replaced 10
22. Clause 32A amended 13
Schedule 1 -- Consequential
amendments
1. Conservation and Land Management Act 1984
amended 14
2. East Perth Redevelopment Act 1991 amended 15
3. Jetties Act 1926 amended 15
4. Land Administration Act 1997 amended 15
5. Marine and Harbours Act 1981 amended 16
6. Planning and Development Act 2005 amended 16
7. Swan Valley Planning Act 1995 amended 18
8. Waterways Conservation Act 1976 amended 18
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Swan and Canning Rivers (Consequential and
Transitional Provisions) Bill 2005
A Bill for
An Act --
· to repeal the Swan River Trust Act 1988;
· to amend the Metropolitan Region Scheme;
· to amend certain other written laws; and
· for purposes relating to that repeal and those amendments and
to the enactment of the Swan and Canning Rivers Management
Act 2005.
The Parliament of Western Australia enacts as follows:
page 1
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Swan and Canning Rivers (Consequential and
Transitional Provisions) Act 2005.
5 2. Commencement
(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.
10 3. Interpretation
In this Act --
"commencement day" means the day on which section 4
comes into operation;
"Metropolitan Region Scheme" has the same meaning as it
15 has in the Planning and Development Act 2005.
page 2
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Swan River Trust Act 1988 repealed and consequential Part 2
amendments
s. 4
Part 2 -- Swan River Trust Act 1988 repealed and
consequential amendments
4. Swan River Trust Act 1988 repealed
The Swan River Trust Act 1988 is repealed.
5 5. Environmental Protection (Swan and Canning Rivers)
Policy 1997 approval revoked
On the commencement day --
(a) the approval given under the Environmental Protection
Act 1986 section 31(d) to the draft Environmental
10 Protection (Swan and Canning Rivers) Policy 1997 is
revoked; and
(b) despite the Environmental Protection Act 1986
section 33(1), the Environmental Protection (Swan and
Canning Rivers) Policy 1997 ceases to have the force of
15 law.
6. Acts in Schedule 1: consequential amendments
The Acts mentioned in Schedule 1 are amended as set out in
that Schedule.
7. Power to amend regulations
20 (1) The Governor, on the recommendation of the Minister, may
make subsidiary legislation amending subsidiary legislation
made under any Act.
(2) The Minister may make a recommendation under subsection (1)
only if the Minister considers that each amendment proposed to
25 be made by the regulations is necessary or desirable as a
consequence of the enactment of the Swan and Canning Rivers
Management Act 2005.
page 3
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Part 2 Swan River Trust Act 1988 repealed and consequential
amendments
s. 7
(3) Nothing in this section prevents subsidiary legislation from
being amended in accordance with the Act under which it was
made.
page 4
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Transitional and saving provisions Part 3
s. 8
Part 3 -- Transitional and saving provisions
8. Application of Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 (for example,
sections 16(1), 36 and 38) about the repeal of written laws and
5 the substitution of other written laws for those so repealed apply
to the repeal of the Swan River Trust Act 1988 as if that Act
were repealed and re-enacted by the Swan and Canning Rivers
Management Act 2005.
(2) The other provisions of this Act are additional to the provisions
10 applied by subsection (1) and do not affect the operation of the
provisions applied by subsection (1).
9. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, regulations under this Act may prescribe all
15 matters that are required or necessary or convenient to be
prescribed for dealing with the matter.
(2) In subsection (1) --
"transitional matter" means a matter that needs to be dealt
with for the purpose of --
20 (a) effecting the transition from the provisions of the
Swan River Trust Act 1988 to the provisions of the
Swan and Canning Rivers Management Act 2005; or
(b) effecting the transition from the provisions of an Act
amended by a provision of this Act (the "amending
25 provision") as in force before this Act comes into
operation to the provisions of that Act as in force
after the amending provision comes into operation.
page 5
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Part 3 Transitional and saving provisions
s. 10
(3) Regulations made under subsection (1) may provide that
specified provisions of the Swan and Canning Rivers
Management Act 2005 as in force on or after the
commencement of that Act, or of subsidiary legislation made
5 under that Act, or of an Act amended by this Act --
(a) do not apply; or
(b) apply with specified modifications,
to or in relation to any matter.
(4) If regulations under subsection (1) provide that a specified state
10 of affairs is to be taken to have existed, or not to have existed,
on and from a day that is earlier than the day on which the
regulations are published in the Gazette but not earlier than the
commencement day, the regulations have effect according to
their terms.
15 (5) In subsections (3) and (4) --
"specified" means specified or described in the regulations.
(6) If regulations contain a provision referred to in subsection (4),
the provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other
20 than the State, an authority of the State or a local
government), the rights of that person existing before
the day of publication of those regulations; or
(b) impose liabilities on any person (other than the State, an
authority of the State or a local government) in respect
25 of anything done or omitted to be done before the day of
publication of those regulations.
10. Construction of references in written laws
(1) Unless the context otherwise requires, a reference in a written
law to an enactment repealed by section 4 includes a reference
30 to the corresponding provision, if any, of the Swan and Canning
Rivers Management Act 2005.
page 6
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Transitional and saving provisions Part 3
s. 11
(2) A reference in a written law to the management area of the
Swan River Trust may, where the context so requires, be read as
if it had been amended to include or be a reference to the
development control area under the Swan and Canning Rivers
5 Management Act 2005.
11. Trust continues
The Swan River Trust established under the Swan and Canning
Rivers Management Act 2005 is a continuation of and the same
legal entity as the Swan River Trust established under the Swan
10 River Trust Act 1988, with the same rights and obligations as
that body.
12. Membership of the Trust
(1) On the commencement day the members of the Swan River
Trust established under the Swan River Trust Act 1988 cease to
15 hold office.
(2) If in a written law or other document or instrument there is a
reference to the chairman or a member of the Swan River Trust,
that reference may, where the context so requires, be read as if it
had been amended to be a reference to the chairman or a
20 member of the board of the Swan River Trust established under
the Swan and Canning Rivers Management Act 2005.
13. Certain leases have effect as if entered into by Swan River
Trust
(1) A lease of land in the River reserve within the meaning of the
25 Swan and Canning Rivers Management Act 2005 that --
(a) was entered into under the Marine and Harbours
Act 1981 section 12; and
(b) is in effect immediately before the commencement day,
has effect on and after that day as if it had been entered into by
30 the Swan River Trust under the Swan and Canning Rivers
page 7
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Part 3 Transitional and saving provisions
s. 14
Management Act 2005 instead of the Minister under the Marine
and Harbours Act 1981 section 12.
(2) The Registrar of Titles is to take notice of this provision and is
empowered to record and register in the appropriate manner any
5 necessary documents, and otherwise to give effect to this
provision.
(3) The operation of this provision and the Swan and Canning
Rivers Management Act 2005 section 11 is not to be regarded --
(a) as a breach of contract or confidence or otherwise as a
10 civil wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
property, rights or liabilities or the disclosure of
information;
15 (c) as giving rise to any remedy by a party to an instrument
or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
ownership of any property, right or liability;
(d) as causing any contract or other instrument to be void or
20 otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
14. Subsidiary legislation
Regulations made under the Swan River Trust Act 1988
continue in force as if they were made under the Swan and
25 Canning Rivers Management Act 2005 and may be amended or
repealed accordingly.
page 8
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Amendments to Metropolitan Region Scheme Part 4
s. 15
Part 4 -- Amendments to Metropolitan Region Scheme
15. Metropolitan Region Scheme amended
The amendments in this Part are to the Metropolitan Region
Scheme.
5 16. Effect of amendments
(1) The amendments to the Metropolitan Region Scheme effected
by this Part have effect as though the provisions were enacted
under the Planning and Development Act 2005.
(2) Nothing in this Part affects the operation of the Planning and
10 Development Act 2005 with respect to amendments to the
Metropolitan Region Scheme as amended by this Act.
17. Clause 3 amended
Clause 3 is amended as follows:
(a) in the definition of "Scheme Act" by deleting the full
15 stop and inserting instead a semicolon;
(b) by inserting after the definition of "Scheme Act" the
following definition --
"
"Swan development control area" has the meaning
20 given to "development control area" in the Swan
and Canning Rivers Management Act 2005.
".
18. Clause 10A amended
Clause 10A is amended by deleting "Swan River Trust
25 Act 1988" and inserting instead --
" Swan and Canning Rivers Management Act 2005 ".
page 9
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Part 4 Amendments to Metropolitan Region Scheme
s. 19
19. Clause 24 amended
Clause 24(2)(b)(i) and "or" after it are deleted and the following
is inserted instead --
"
5 (i) the erection on a lot of a single dwelling
house which will be the only building
on the lot, no part of which lot is within
the Swan development control area or
abuts any part of the Swan development
10 control area; or
".
20. Clause 29 amended
Clause 29(1)(a) is amended as follows:
(a) in subparagraph (ii) by deleting "management area
15 within the meaning of the Swan River Trust Act 1988"
and inserting instead --
" Swan development control area ";
(b) in subparagraph (iii) by deleting "that management
area" and inserting instead --
20 " any part of the Swan development control area ".
21. Clause 30A replaced
Clause 30A is repealed and the following clause is inserted
instead --
"
25 30A.
(1) In this clause --
"Minister for Planning" means the Minister to whom
the administration of the Planning and
Development Act 2005 is committed;
page 10
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Amendments to Metropolitan Region Scheme Part 4
s. 21
"SCRM Minister" means the Minister to whom the
administration of the Swan and Canning Rivers
Management Act 2005 is committed;
"Trust" means the Swan River Trust established by
5 the Swan and Canning Rivers Management
Act 2005 section 16.
(2) Without limiting clause 30, if an application for
approval relates to --
(a) a development on land comprised in a lot --
10 (i) any part of which is within the Swan
development control area; or
(ii) that is not in the Swan development
control area but abuts waters that are in
the Swan development control area;
15 or
(b) a development --
(i) of land that abuts the Swan development
control area; or
(ii) that in the opinion of the Commission is
20 likely to affect waters in the Swan
development control area,
other than a development to which
paragraph (a) applies,
then, unless subclause (9) applies, the Commission is
25 to give full particulars of the application to the Trust.
(3) The Trust, within 42 days after the day on which it
receives particulars of the application or within such
longer period as the Commission allows, is to give to
the Commission its advice in writing on how the
30 application should be determined, including any
conditions to which any approval should be made
subject.
page 11
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Part 4 Amendments to Metropolitan Region Scheme
s. 21
(4) If the Trust fails to give its advice within the time
allowed under subclause (3), it is taken to have no
advice to give on the application.
(5) Subject to any direction under subclause (7), the
5 Commission is to determine an application referred to
in subclause (2)(a) in a manner that is consistent with
the advice of the Trust on the application.
(6) The Commission is to have regard to the advice of the
Trust when determining an application referred to in
10 subclause (2)(b) but is not required to make a
determination that is consistent with that advice.
(7) If the Commission does not agree with part or all of the
advice of the Swan River Trust on an application
referred to in subclause (2)(a) --
15 (a) the matter on which there is not agreement is to
be resolved in the manner determined by the
SCRM Minister and the Minister for Planning;
(b) the Minister for Planning is to direct the
Commission accordingly; and
20 (c) the Commission is to determine the application
in accordance with the direction.
(8) Nothing in subclause (7) is to be read as limiting the
Planning and Development Act 2005 section 17.
(9) The Trust may determine that any particular class or
25 description of application need not be referred to it for
advice under this clause and is to notify the
Commission of any such determination.
".
page 12
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Amendments to Metropolitan Region Scheme Part 4
s. 22
22. Clause 32A amended
Clause 32A is amended by deleting "land or waters in the
management area of the Swan River Trust within the meaning
of the Swan River Trust Act 1988." and inserting instead --
5 "
land comprised in a lot that is wholly, or waters that
are, within the Swan development control area.
".
page 13
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Schedule 1 Consequential amendments
cl. 1
Schedule 1 -- Consequential amendments
[s. 6]
1. Conservation and Land Management Act 1984 amended
(1) The amendments in this clause are to the Conservation and Land
5 Management Act 1984*.
[* Reprint 5 as at 24 September 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 77.]
(2) Section 13(3a) is amended by deleting "Swan River Trust Act 1988
10 before any waters that are in the management area" and inserting
instead --
"
Swan and Canning Rivers Management Act 2005
before any waters that are in the development control
15 area or the Riverpark
".
(3) Section 17(4a) is amended by deleting "management area of the Swan
River Trust within the meaning of the Swan River Trust Act 1988 "
and inserting instead --
20 "
development control area or the Riverpark as defined
in the Swan and Canning Rivers Management Act 2005
".
(4) Section 99(1)(ac) is deleted and the following paragraph is inserted
25 instead --
"
(ac) in the case of land that is in the development
control area or the Riverpark as defined in the
Swan and Canning Rivers Management
30 Act 2005, after consultation with the Swan
River Trust;
".
page 14
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 1
cl. 2
2. East Perth Redevelopment Act 1991 amended
(1) The amendments in this clause are to the East Perth Redevelopment
Act 1991*.
[* Reprint 2 as at 20 May 2005.
5 For subsequent amendments see Gazette 12 July 2005 p. 3235-6
and 19 August 2005 p 3865-6.]
(2) Section 24(2)(d) is deleted and the following paragraph is inserted
instead --
"
10 (d) the Swan River Trust established by the Swan
and Canning Rivers Management Act 2005;
".
3. Jetties Act 1926 amended
(1) The amendments in this clause are to the Jetties Act 1926*.
15 [* Reprint 2 as at 4 February 2000.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 228.]
(2) Section 7(3) is amended by deleting "section 50 of the Swan River
Trust Act 1988 " and inserting instead --
20 "
the Swan and Canning Rivers Management Act 2005
section 70
".
4. Land Administration Act 1997 amended
25 (1) The amendments in this clause are to the Land Administration
Act 1997*.
[* Reprint 2 as at 24 June 2005.]
page 15
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Schedule 1 Consequential amendments
cl. 5
(2) Section 45(6) is amended by deleting "management area of the Swan
River Trust within the meaning of the Swan River Trust Act 1988,"
and inserting instead --
"
5 development control area or Riverpark as defined in
the Swan and Canning Rivers Management Act 2005,
".
5. Marine and Harbours Act 1981 amended
(1) The amendments in this clause are to the Marine and Harbours
10 Act 1981*.
[* Reprint 2 as at 14 May 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 272.]
(2) Section 12(3) is amended by deleting "section 50 of the Swan River
15 Trust Act 1988 " and inserting instead --
"
section 70 of the Swan and Canning Rivers
Management Act 2005
".
20 6. Planning and Development Act 2005 amended
(1) The amendments in this clause are to the Planning and Development
Act 2005*.
[* The Bill for this Act is currently before Parliament.]
(2) Section 36(a) is deleted and the following paragraph is inserted
25 instead --
"
(a) in a manner that is contrary to or inconsistent
with --
(i) the Swan and Canning Rivers
30 Management Act 2005 Part 5;
page 16
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 1
cl. 6
(ii) any amendment made to the
Metropolitan Region Scheme by the
Acts Amendment (Swan River Trust)
Act 1988 section 14, 15 or 17; or
5 (iii) any amendment made to the
Metropolitan Region Scheme by the
Swan and Canning Rivers
(Consequential and Transitional
Provisions) Act 2005 section 21;
10 ".
(3) Section 80 is amended as follows:
(a) by deleting "management programme in force under Part 3 of
the Swan River Trust Act 1988" and inserting instead --
"
15 strategic document in force under the Swan and
Canning Rivers Management Act 2005 Part 4
";
(b) by deleting "Schedule 2" and inserting instead --
" Schedule 7 ".
20 (4) Section 112(2) is amended by deleting "management area of the Swan
River Trust as defined in the Swan River Trust Act 1988." and
inserting instead --
"
development control area as defined in the Swan and
25 Canning Rivers Management Act 2005.
".
page 17
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Schedule 1 Consequential amendments
cl. 7
(5) Section 241(1)(b) is deleted and the following paragraph is inserted
instead --
"
(b) any management programme for the
5 development control area in force under the
Swan and Canning Rivers Management
Act 2005 Part 4 that may affect the subject
matter of the application.
".
10 (6) Section 245(5)(a) is amended by deleting "management area as
defined in the Swan River Trust Act 1988," and inserting instead --
"
development control area as defined in the
Swan and Canning Rivers Management
15 Act 2005,
".
7. Swan Valley Planning Act 1995 amended
(1) The amendments in this clause are to the Swan Valley Planning
Act 1995*.
20 [* Reprint 1 as at 12 September 2003.]
(2) Section 13(1)(b) is amended by deleting "section 53(2) of the Swan
River Trust Act 1988;" and inserting instead --
"
section 73(2) of the Swan and Canning Rivers
25 Management Act 2005;
".
8. Waterways Conservation Act 1976 amended
(1) The amendments in this clause are to the Waterways Conservation
Act 1976*.
30 [* Reprinted as at 20 September 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 487-8.]
page 18
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Consequential amendments Schedule 1
cl. 8
(2) Section 3(1) is amended by inserting in the appropriate alphabetical
positions --
"
"development control area" has the meaning given
5 by the Swan and Canning Rivers Management
Act 2005;
"Riverpark" has the meaning given by the Swan and
Canning Rivers Management Act 2005;
".
10 (3) Section 9(1a) is repealed and the following subsection is inserted
instead --
"
(1a) This Act does not apply in respect of the development
control area or the Riverpark.
15 ".
(4) Section 10(6) is repealed and the following subsection is inserted
instead --
"
(6) This section does not apply in respect of the
20 development control area or the Riverpark.
".
(5) Section 56(1a) is repealed and the following subsection is inserted
instead --
"
25 (1a) Local laws must not be made under this section to have
effect in the development control area or the Riverpark.
".
(6) Section 61(2) is repealed and the following subsection is inserted
instead --
30 "
(2) The CEO may appoint any person to be an inspector
under this Act in relation to any portion of the State
other than the development control area or the
page 19
Swan and Canning Rivers (Consequential and Transitional Provisions)
Bill 2005
Schedule 1 Consequential amendments
cl. 8
Riverpark, but an appointment must not be made in
relation to a management area without prior
consultation with the Management Authority for that
area.
5 ".
(7) Section 62(2) is repealed and the following subsection is inserted
instead --
"
(2) The CEO may appoint any person to be an honorary
10 inspector under this Act in relation to any portion of
the State other than the development control area or the
Riverpark, but an appointment must not be made in
relation to a management area without prior
consultation with the Management Authority for that
15 area.
".
page 20
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