Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
Account means the Swan River Trust Account
referred to in section 42;
board means the board of management referred to in
section 18;
catchment area means the land and waters referred
to in section 8;
chairman means chairman of the board;
committee means a committee established under
section 36;
Crown land has the meaning given to that term in
the Land Administration Act 1997 ;
development means —
(a) the
erection, construction, demolition, alteration or carrying out of any
building, excavation, or other works, in, on, over or under land or waters;
and
(b) a
material change in the use of land or waters; and
(c) any
other act or activity in relation to land or waters declared by the
regulations to constitute development,
but does not include any work, act or activity
declared by the regulations not to constitute development;
development control area means the land and waters
referred to in section 10, and includes any land the subject of an
agreement under section 28 for management as if the land were part of the
development control area;
Foundation means the Swan and Canning Rivers
Foundation established under section 127;
Foundation Account means the Swan and Canning
Rivers Foundation Account referred to in section 131;
General Manager means the person appointed as such
for the purposes of section 37;
high water mark —
(a) in
relation to tidal waters — means the ordinary high water mark at
spring tides; and
(b) in
relation to non-tidal waters — means the ordinary high water mark
at winter level;
inspector means —
(a) a
person designated as such under section 39; or
(b) a
police officer;
land includes tidal land and land covered by
water, whether continuously or discontinuously;
lot has the meaning given to that term in the
Planning and Development Act 2005 ;
management programme means a management programme
referred to in section 53 and approved and in force under Part 4;
member means a member of the board;
Metropolitan Redevelopment Authority means the
body established by the Metropolitan Redevelopment Authority Act 2011
section 4;
Metropolitan Region Scheme has the meaning given
to that term in the Planning and Development Act 2005 ;
Minister for Planning means the Minister to whom
the administration of the Planning and Development Act 2005 is committed;
officer of the Trust means —
(a) the
General Manager; or
(b) a
person whose services are provided under section 37(2) or used under
section 38(1); or
(c) a
person engaged under section 24(2)(a)(i);
owner means —
(a) in
relation to freehold land —
(i)
a holder of the freehold; or
(ii)
a mortgagee in possession;
and
(b) in
relation to Crown land —
(i)
the care, control and management of which has been placed
in a management body as defined in the Land Administration Act 1997
— that management body; and
(ii)
which is reserved, set apart or vested for, or dedicated
to, the purposes of another written law — the person who is
responsible for the administration of that Crown land while it is so reserved,
set apart, vested or dedicated; and
(iii)
other than land referred to in subparagraph (i)
or (ii) — the Minister for Lands, as referred to in the Land
Administration Act 1997 section 7;
prescribed means prescribed by regulations made
under this Act;
public authority means —
(a) a
Government department, State trading concern, State instrumentality or State
public utility; or
(b) a
local government or regional local government; or
(c) any
other person, whether corporate or not, who or which, under the authority of a
written law, administers or carries on for the benefit of the State a social
service or public utility;
Riverpark means the land and waters referred to in
section 9, and includes any land the subject of an agreement under
section 28 for management as if the land were part of the Riverpark;
Riverpark shoreline has the meaning given to that
term in section 12;
river protection notice means a notice referred to
in section 91;
river protection strategy means the river
protection strategy approved and in force under Part 4;
River reserve means the land and waters referred
to in section 11(2);
River reserve lessee means the holder of a lease
granted under section 29;
Schedule 5 authority means a person listed in
Schedule 5;
strategic document means —
(a) the
river protection strategy; or
(b) a
management programme; or
(c) a
document approved under section 55;
Trust means the Swan River Trust established by
section 16;
Trust website means an internet website
established by the Trust and maintained for the purposes of this Act and other
purposes of the Trust;
unallocated Crown land has the meaning given to
that term in the Land Administration Act 1997 ;
waters includes the riverbed and subsoil normally
covered by waters when at the high water mark;
Western Australian Planning Commission means the
body established by the Planning and Development Act 2005
section 7.
(2) Deposited plans
referred to in this Act are those held by the department of the Public Service
that principally assists in the administration of the
Transfer of Land Act 1893 .
[Section 3 amended by No. 45 of 2011
s. 144(2)-(4).]