SWAN AND CANNING RIVERS MANAGEMENT ACT 2006
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Crown bound
- 5 Objectives of Act and principles to be regarded
- 6 Objectives and principles paramount; disputes between CEO and Schedule 5 authority
- 7 Native title rights and interests, how affected by this Act
PART 2 -- Land and waters to which this Act applies
- 8 Catchment area defined (Sch. 1)
- 9 Riverpark defined (Sch. 1 and 2)
- 10 Development control area defined (Sch. 1 and 3)
- 11 River reserve defined (Sch. 1 and 4), reserved and vested in Trust
- 12 Riverpark shoreline, responsibility for
- 13 Amending 1 to 4 by regulations
- 14 Boundaries of catchment area etc., proving
- 15 Boundaries of catchment area etc., resolving questions as to
PART 3 -- Swan River Trust
Division 1 -- Establishment and management
- 16 Trust established and nature of
- 17 Trust is agent of Crown etc.
- 18 Board of management of Trust
- 19 Board, membership of
- 20 Board, constitution and proceedings of (Sch. 6)
- 21 Remuneration and allowances of members
- 22A CEO entitled to attend board meeting
- 22 Local governments and Metropolitan Redevelopment Authority, attendance of nominees of at board meetings
Division 2 -- Functions and powers
- 23 Functions of Trust
- 24 Powers of Trust
- 25 Consultation and matters to be considered by Trust
- 28A Assistance, staff and facilities to be provided
- 28B Delegation by Trust
- 28C Minister may give Trust directions
- 28D Minister to have access to information
- 28E Trust may appoint committees
- 28F Execution of documents
- 28G Annual report
PART 4A -- Management of land and waters
- 28 CEO may agree to manage private land
- 29 CEO may grant leases of River reserve
- 30 Consequences of contravening River reserve lease
- 31 River reserve lease, procedure for forfeiting
- 32 CEO may enter into licence agreements in relation to River reserve
- 32A Terms and conditions of licence agreements
- 32B Consequences of contravening conditions of licence agreement determined by CEO under s. 32A(2)(a)
PART 4B -- Administration
Division 1 -- Functions and powers of CEO
- 33 Functions of CEO
- 34 Consultation and matters to be considered by CEO
- 35 Consultation with local governments and Metropolitan Redevelopment Authority
- 36 Payment for advice and other matters
- 37 Collaborative arrangements
- 38 Delegation by CEO
Division 2 -- Inspectors
- 39 Inspectors, designating etc.
- 40 Identity cards for inspectors
PART 4 -- Targets and strategic documents
Division 1 -- Ecological and community benefit and amenity targets
- 47 Regulations may prescribe targets
- 48 Consultation with public authorities etc. about proposed s. 47 regulations
- 49 Draft s. 47 regulations to be publicly notified
- 50 Public submissions about draft s. 47 regulations
Division 2 -- Strategic documents
- 51 River protection strategy, content of
- 52 Comprehensive Management Plan and Implementation Strategy (2004), temporary effect of
- 53 Management programmes, content of
- 54 Codes and subsidiary legislation, river protection strategy and management programme may adopt
- 55 Documents not prepared by Trust, approval of as strategic documents
Division 3 -- Preparation, approval and revision of river protection strategy and management programmes
- 56 Trust to prepare draft documents
- 57 Consultation with local governments etc. about proposed documents
- 58 Draft document to be publicly notified
- 59 Public submissions about draft document
- 60 Draft document to be referred to certain bodies
- 61 Consultation with relevant Minister about draft document
- 62 Approval of draft document by Minister
- 63 Approval of strategic document to be published; when strategic document operates
- 64 Certain strategic documents, periodic review of
Division 4 -- Compliance with strategic documents
- 65 Who has to comply with strategic documents; documents etc. to be publicly available
- 66 Trust to report etc. on targets, compliance etc.
PART 5 -- Development in development control area
- 67 Terms used
- 68 Land etc. owned by etc. public authority, use and development of
- 69 Developments to which this Part applies
- 70 Development to be approved
- 71 Certain reclamations to be authorised by Parliament
- 72 Approval, applying for
- 73 Consultation with local governments etc. about development application
- 74 Development applications to be publicised
- 75 Draft report by CEO on proposed development
- 76 Report by CEO to Minister on proposed development
- 77 Minister’s options after considering s. 76 report
- 78 Review committee under s. 77(1)(b)(ii), membership of etc.
- 79 Review committee’s functions as to CEO’s recommendations
- 80 Minister’s decision
- 81 Financial assurance condition may be imposed on approval
- 82 Condition etc. on approval, request for reconsideration of
- 83 Correction of approval
- 84 Variation or extension of approval
- 85 Approvals by CEO
- 86 CEO must give section 85 decision to Minister
- 87 Minister may revoke CEO’s decision
- 88 False statements in applications
- 89 Refusal etc. of development, compensation for injurious affection for etc.
PART 6 -- River protection notices
- 90 CEO may request advice from Trust on issue of river protection notice
- 91 Issue of notice by CEO
- 92 Service of notice
- 93 Who a notice binds
- 94 Memorial on land title of notice
- 95 Owner etc. of land subject to s. 94 memorial, duties of if land changes ownership etc.
- 96 CEO must give notice of memorial or withdrawal
- 97 Notice subject of s. 94 memorial binds new owners of land
- 98 Financial assurance requirement, inclusion of in notice
- 99 Amending or cancelling notice
- 100 Review by SAT of requirement or amendment in notice
- 101 Contravening notice, offence
- 102 CEO’s powers in case of contravention of notice
- 103 Entry to land etc. to ensure compliance with notice, powers as to
PART 7 -- Investigation and enforcement
Division 1 -- Preliminary
Division 2 -- Investigative powers
- 105 Purposes for which investigation may be carried out
- 106 Personal details of suspect, powers to obtain
- 107 Entry etc. powers
- 108 Records, powers to obtain
- 109 Exercise of power may be recorded
- 110 Force and assistance, use of
Division 3 -- Entry warrants
- 111 Entry warrant, who may apply for
- 112 Applications for entry warrant, how to be made
- 113 Entry warrant, issue of
- 114 Entry warrant, effect of
Division 4 -- Enforcement provisions
- 115 Obstructing or impersonating inspector, offence
- 116 CEO’s powers in respect of illegal development
- 117 Abandoned etc. property, powers as to
- 118 Recovery of costs in case of financial assurance
PART 8 -- Legal proceedings
Division 1 -- General matters
- 119 Prosecutions, commencing etc. and averments in
- 120 Time limit for prosecuting
- 121 Establishing state of mind of body corporate
- 121A Liability of officers for offence by body corporate
Division 2 -- Infringement notices
- 122 Terms used
- 123 Infringement notices
Division 3 -- Offences under other Acts
- 124 Offences under other Acts (Sch. 8), enforcing under this Act
- 125 Offences under other Acts (Sch. 8), prosecuting
- 126 Alleged offences under other Acts (Sch. 8), infringement notices for
PART 9 -- Swan and Canning Rivers Foundation
- 127 Foundation established
- 128 Council to govern Foundation
- 129 Functions of Foundation
- 130 Powers of Foundation
- 131 Swan and Canning Rivers Foundation Account
- 132 Rules for this Part
PART 10 -- General
- 133 Delegation by Minister
- 134 Duties and liabilities of members etc. performing functions under this Act
- 135 Protection from personal liability
- 136 Regulations
- 137 Review of Act
PART 11 -- Transitional provisions
Division 1 -- Provisions for Swan and Canning Rivers Management Amendment Act 2015
- 138 Terms used
- 139 Completion of things commenced
- 140 Continuing effect of things done
- 141 Contracts, agreements and other instruments
- 142 Assignment to State or CEO
- 143 Swan River Trust Account
- 144 Registration of documents
- 145 Exemption from State taxation
- 146 Development applications
- 147 River protection notices
- 148 Transitional regulations
- 149 Interpretation Act 1984 not affected
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