Western Australian Consolidated Acts

SWAN AND CANNING RIVERS MANAGEMENT ACT 2006 - SECT 6

6 .         Relationship to other Acts

        (1)         Persons involved in the administration of this Act, and Schedule 5 authorities, should perform their functions with due regard to the objectives and principles of this Act.

        (2)         The provisions of any other written law must be construed and applied —

            (a)         with due regard to the objectives and principles of this Act; and

            (b)         so that those objectives and principles are paramount,

                unless that construction or application would —

            (c)         be inconsistent with the objects and intentions of that written law; or

            (d)         substantially interfere with the operation of the provisions of that written law.

        (3)         Except where the contrary intention is expressed in this Act, the vesting in the Trust of functions in respect of the development control area and the Riverpark does not limit the functions vested by any written law in any other person in respect of those areas.

        (4)         If a provision of this Act, other than a provision of Part 5, is in conflict with a power conferred on a Schedule 5 authority by a written law, the Schedule 5 authority and the Trust must endeavour to reach agreement as to which provision will prevail.

        (5)         If a question, difference or dispute arises, or may arise, between a Schedule 5 authority and the Trust as to the rights, powers or authority of, or the discharge of any duty by, a Schedule 5 authority, or as to their respective functions or interests, on a matter referred to in subsection (4), then —

            (a)         if the matter relates to the functions of a government department — the Minister charged with the administration of that government department (the Schedule 5 Minister ) may consult with the Minister;

            (b)         if the matter relates to the functions of a statutory authority — the Minister to whom the Governor has committed the Act under which the statutory authority is established or continued (the Schedule 5 Minister ) may consult with the Minister.

        (6)         If the Ministers agree after consultation under subsection (5), the Schedule 5 Minister must give the Schedule 5 authority, and the Minister must give the Trust, such directions as result from the consultation and agreement.

        (7)         If no consultation under subsection (5) is concluded or the Ministers cannot agree as to the matter, the matter may be finally and conclusively determined by the Governor, and effect must be given to the determination.

        (8)         The Governor may finally and conclusively determine any question, difference or dispute arising or about to arise between a Schedule 5 authority and the Trust as to the rights, powers or authority of, or the discharge of any duty by, a Schedule 5 authority, or as to their respective functions or interests, on a matter referred to in subsection (4) whether or not referred to the Governor under subsection (7) and whether or not the Ministers had purported to agree under subsection (6), and effect must be given to the determination.

        (9)         Without limiting subsection (4), the regulations may make provision as to the manner and circumstances in which a conflict referred to in subsection (4) must be brought to the notice of the Trust.

        (10)         The performance of a function by the Trust or a Schedule 5 authority cannot be appealed against, reviewed, quashed, challenged, or called in question, before or by any person acting judicially or a court or tribunal on any account or by any means on the ground that the performance of the function does not comply with subsection (1) or (2).