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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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