Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the context otherwise requires, —
associated land means land comprised within the
boundaries of a management area as defined pursuant to section 10;
by-law means a by-law or, in relation to a local
government, a local law, made under this Act;
CEO means the chief executive officer of the
Department;
Department means the department of the Public
Service principally assisting in the administration of this Act;
development control area has the meaning given by
the Swan and Canning Rivers Management Act 2006 ;
discharge , in relation to waste or any other
matter, includes causing or permitting it to be, or failing to prevent it from
being, emitted, discharged, deposited or allowed to escape on or into the
waters or associated land;
function means powers and duties, and includes
rights, benefits and obligations;
honorary warden means a person appointed to that
office pursuant to section 62;
industrial includes any producing, manufacturing,
or processing operation;
inspector means a person appointed to that office
pursuant to section 61, and where the context permits includes a person
exercising the powers of an inspector pursuant to subsection (5) of that
section;
management area means an area of the State
declared to be a management area for the purposes of this Act pursuant to
section 10;
management programme means a programme of
operations prepared pursuant to section 35;
pollution means any direct or indirect alteration
of the environment to its detriment or degradation, and includes any effluent,
litter, refuse, sewage, or waste, or any other matter or thing, of whatever
kind and in whatever form, that impairs or is likely to impair the
environment;
public authority includes a Minister of the Crown
acting in his official capacity, a State Government department, a State
instrumentality or agency, and any other person or body, whether corporate or
not, who or which, under the authority of any Act, administers or carries on
for the benefit of the State, or any district or part of the State, a social
service or public utility;
Riverpark has the meaning given by the
Swan and Canning Rivers Management Act 2006 ;
section means section of this Act;
sewage means any and all waste substance, liquid
or solid, which is associated with human habitation, or which contains or may
be contaminated with human or animal excrement, offal or
feculant matter;
standard includes standards specifying the
components, form and temperature of any matter, and prohibiting, restricting
or controlling the discharge of any matter not complying therewith;
the former Board means the Swan River Conservation
Board constituted pursuant to the Swan River Conservation Act 1958 ;
waste includes any and all waste substance, liquid
or solid or gaseous, rubbish, refuse, garbage and materials used or produced
in or by any industrial process, mining or quarrying, agriculture, commerce or
any other trade or industrial undertaking or activity, sewage, household
waste, effluent and other matter which causes or is likely to cause pollution,
and any matter or thing prescribed to be waste for the purposes of this Act;
waters means the rivers, inlets and estuaries to
which this Act applies; and for the purposes of the exercise of the power to
obtain information as to pollution and the discharge of waste includes the
tidal waters or parts of the sea adjacent to any river, inlet or estuary; and
working plan means a plan prepared pursuant to
section 35 for the purposes of a management programme.
(2) Where a meaning is
assigned to any term by this section cognate expressions used in this Act,
unless a contrary or other intention appears, have a corresponding meaning.
(3) For the purposes
of the definition of "waters" in subsection (1) any artificial canal,
canal system, lake, lagoon, harbour or embayment connected to a river, inlet
or estuary that is in a management area shall be deemed to form part of that
river, inlet or estuary if it is —
(a)
within the associated land comprised in that management area; and
(b) for
the time being declared by the Order in Council defining that management area
to form part of that river, inlet or estuary.
[Section 3 amended by No. 97 of 1982
s. 2; No. 77 of 1987 s. 36; No. 73 of 1995 s. 166;
No. 14 of 1996 s. 4; No. 52 of 2006 s. 6; No. 38 of 2007
s. 143.]