Western Australian Consolidated Acts

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 and principles  
   6.      Relationship to other Acts  
   7.      Native title rights and interests

   PART 2 -- Land and waters to which this Act applies  

   8.      Catchment area  
   9.      Swan Canning Riverpark  
   10.     Development control area  
   11.     River reserve vested in Trust  
   12.     Responsibility for Riverpark shoreline  
   13.     Amendment of boundaries  
   14.     Proof of boundaries  
   15.     Question as to boundary

   PART 3 -- Swan River Trust

           Division 1 -- Establishment and management  

   16.     Trust established  
   17.     Status  
   18.     Management  
   19.     Membership of board  
   20.     Constitution and proceedings  
   21.     Remuneration and allowances of members  
   22.     Nominees

           Division 2 -- Functions and powers  

   23.     Functions of Trust  
   24.     Powers  
   25.     Consultation and matters to be considered  
   26.     Consultation with local governments and redevelopment authorities  
   27.     Collaborative arrangements  
   28.     Agreements as to private land  
   29.     Leasing parts of the River reserve  
   30.     Failure to comply with terms or conditions of lease  
   31.     Forfeiture of lease  
   32.     Licences affecting the River reserve  
   33.     Delegation by Trust  
   34.     Minister may give directions  
   35.     Minister to have access to information  
   36.     Committees

           Division 3 -- Staff and facilities  

   37.     General Manager and staff  
   38.     Use of government staff and facilities

           Division 4 -- Inspectors  

   39.     Inspectors  
   40.     Identity cards

           Division 5 -- Financial provisions  

   41.     Trust’s funds  
   42.     Swan River Trust Account  
   43.     Temporary investment of moneys  
   44.     Application of Financial Management Act 2006 and Auditor General Act 2006  
   45.     Power to borrow from Treasurer

           Division 6 -- Miscellaneous  

   46.     Execution of documents

   PART 4 -- Targets and strategic documents

           Division 1 -- Ecological and community benefit and amenity targets  

   47.     Regulations may prescribe targets  
   48.     Consultation  
   49.     Draft regulations to be publicly notified  
   50.     Public submissions

           Division 2 -- Strategic documents  

   51.     River protection strategy  
   52.     Former EPP management plan to have effect as guidelines  
   53.     Management programmes: contents  
   54.     Strategic document may adopt codes or legislation  
   55.     Minister may approve documents that are not prepared by Trust

           Division 3 -- Preparation, approval and revision of river protection strategy and management programmes  

   56.     Trust to prepare draft documents  
   57.     Consultation  
   58.     Document to be publicly notified  
   59.     Public submissions  
   60.     Document to be referred to certain bodies  
   61.     Consultation with relevant Minister  
   62.     Approval of Minister  
   63.     Notice of approval  
   64.     Review and revision of documents

           Division 4 -- Compliance with strategic documents  

   65.     Compliance with strategic documents  
   66.     Trust to monitor and report on compliance

   PART 5 -- Development in development control area  

   67.     Terms used  
   68.     Use of land and waters owned or vested in public authority  
   69.     Developments to which this Part applies  
   70.     Development to be approved  
   71.     Certain reclamations to be authorised by Parliament  
   72.     Applications for approval  
   73.     Consultation with other authorities  
   74.     Public notice  
   75.     Draft report by Trust  
   76.     Report to Minister  
   77.     Steps to be taken by Minister  
   78.     Review committee  
   79.     Consideration and report by committee  
   80.     Minister’s decision  
   81.     Financial assurance condition  
   82.     Request for reconsideration of condition  
   83.     Correction of approval  
   84.     Variation or extension of approval  
   85.     Power of approval may be conferred on Trust  
   86.     Trust must report decision to Minister  
   87.     Minister may revoke decision of Trust  
   88.     False statements  
   89.     Compensation

   PART 6 -- River protection notices  

   90.     General Manager may recommend issue of river protection notice  
   91.     River protection notice  
   92.     Service of notice  
   93.     Person on whom notice is binding  
   94.     Memorial may be lodged if river protection notice given  
   95.     Duty of outgoing owner or occupier to notify Trust and successor in ownership or occupation  
   96.     Notice of memorial to be given  
   97.     River protection notice binding on new owners  
   98.     Financial assurance requirement in river protection notice  
   99.     Trust may amend or cancel river protection notice  
   100.    Review  
   101.    Person must comply with river protection notice  
   102.    Action on non-compliance with requirement of river protection notice  
   103.    Powers to ensure compliance with river protection notice

   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.    Inspector may ask for personal details  
   107.    Entry and access powers of inspector  
   108.    Obtaining records  
   109.    Exercise of power may be recorded  
   110.    Use of force and assistance

           Division 3 -- Entry warrants  

   111.    Applying for entry warrant  
   112.    Applications, how they are to be made  
   113.    Issuing an entry warrant  
   114.    Effect of entry warrant

           Division 4 -- Enforcement provisions  

   115.    Obstruction or impersonation of inspector  
   116.    Power to direct cessation or removal of development contrary to this Act  
   117.    Removal of property that is abandoned  
   118.    Claim on or realising of financial assurance

   PART 8 -- Legal proceedings

           Division 1 -- General matters  

   119.    Proceedings  
   120.    Time for bringing prosecution  
   121.    Liability of body corporate and of directors and managers of body corporate

           Division 2 -- Infringement notices  

   122.    Terms used  
   123.    Infringement notices

           Division 3 -- Offences under other Acts  

   124.    Schedule 8 offences  
   125.    Offences under other Acts -- power to prosecute  
   126.    Alleged offences under other Acts -- power to issue infringement notice

   PART 9 -- Swan and Canning Rivers Foundation  

   127.    Swan and Canning Rivers Foundation established  
   128.    Governing council  
   129.    Functions  
   130.    Powers  
   131.    Financial arrangements  
   132.    Rules

   PART 10 -- General  

   133.    Delegation by Minister  
   134.    Duties and liabilities of persons performing functions under this Act  
   135.    Protection from liability  
   136.    Regulations  
   137.    Review of Act
           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
           Compilation table