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SWAN AND CANNING RIVERS MANAGEMENT ACT 2006
TABLE OF PROVISIONS
Long Title
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
104. Terms used
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
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
SCHEDULE 7 -- Local governments
SCHEDULE 8 -- Prescribed regulations
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