Swan and Canning Rivers Management Act 2006
Swan and Canning Rivers Management Regulations 2007
Reprint 1: The regulations as at 23 November 2012
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Swan and Canning Rivers Management Regulations 2007
Contents
Part 1 — Preliminary
1.Citation1
2.Terms used1
Part 2 — Development and regulation of related works, acts and activities
Division 1 — Development
4.Act s. 3(1) development, exclusions from3
5.Development that Trust may approve (Act. s. 85(1))4
6.Form prescribed (Act s. 72)5
7.Form prescribed (Act s. 89(4))5
Division 2 — Regulation of works, acts and activities that are not “development”
8.Application of this Division5
9.Signs, restrictions on exhibiting5
10.Repair and maintenance of existing structure, restrictions on8
11.Emergency works etc., restrictions on9
12.Erosion control, restrictions on10
13.Temporary structures, restrictions on placing etc.10
14A.Leaseholders, restrictions on works by11
14.Sch. 5 authorities, restrictions on works by11
15.Fire hazard reduction, restrictions on12
16A.Aircraft activity, restrictions on12
16B.Maintenance dredging, restrictions on13
16C.Scientific studies, restrictions on13
Part 3 — Protection of Riverpark and development control area
16.Application of this Part14
17.Commercial acts and activities, restrictions on14
18.Banks of waters, protection of15
19.River bed, restrictions on digging in15
20.Worms etc., restrictions on digging for etc.15
21.Vegetation, protection of16
22A.Vessels unattended, and moorings, on land, restrictions on17
22.Launching vessels from trailers, restrictions on17
23.Living on vessels, restrictions on18
24.Trust courtesy moorings, use of18
25.Litter19
26.Spectator events in River reserve, holding etc.20
Part 4 — Permits
27.Permit for emergency works etc. (r. 11), application for21
28.Permit under these regulations, application for21
29.Grant of permit22
30.Duration of permit22
31.Conditions and restrictions on permit22
32.Clerical amendment of permit22
33.Revoking or suspending permit, Trust’s powers as to22
34.Revoking or suspending permit, procedure for23
35.Immediate suspension of permit, Trust’s powers etc. as to23
36.Approval in force at 25 Sep 2007, saving for24
Part 5 — Infringement notices
37.Offences prescribed (Act s. 123)25
38.Modified penalties prescribed (Act s. 123)25
39.Infringement notice, form of prescribed (Act s. 123(3))25
40.Withdrawal of infringement notice, form of prescribed (Act s. 123(7))25
Part 6 — Other matters
41.Continuing offence, penalty for26
42.Rate of interest prescribed (Act s. 103(4))26
43.Sch. 5 authority proposing to act in conflict with Act, procedure in case of26
44.River reserve leases (Act s. 29), renewal and sublease of27
Schedule 1 — Prescribed offences and modified penalties
Schedule 2 — Forms
Notes
Compilation table40
Defined terms
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Swan and Canning Rivers Management Act 2006
Swan and Canning Rivers Management Regulations 2007
Note:Under the Interpretation Act 1984 section 25(3), these regulations take effect on the day on which the Swan and Canning Rivers Management Act 2006 section 136 commences.
In these regulations, unless the contrary intention appears —
commercial purpose means the purpose of sale or any other purpose that is directed to financial gain or reward;
commercial use means a use that is directed to financial gain or reward;
exhibit, in relation to a sign, includes —
(a)erect, place, stick, paint, stencil or affix at, on or to any place or thing; or
(b)display on a vehicle, vessel or inflatable object,
so as to be visible to a person in a public place;
leaseholder means a person who holds a lease for land within the Riverpark or development control area;
maintenance dredging, in waters in the Riverpark or development control area, means dredging that is necessary for the maintenance of access by vessels to marinas and jetties in the Riverpark or development control area;
permit means a permit granted under regulation 29;
private property means freehold land other than land owned by a Schedule 5 authority;
public place includes any thoroughfare, pedestrian mall or place which the public are allowed to use, whether or not the thoroughfare or place is on private property;
section means a section of the Act;
sign means any placard, notice, model, board, device or representation, including any hoarding, bunting or flag, used wholly or partly for the purposes of advertising or promoting any thing or for an announcement or direction;
spectator event means an event held in the Riverpark or development control area, intended to attract spectators or participants or provide entertainment;
structure means any building, shelter, equipment, fence, path, jetty, mooring or other thing that is fixed to land or to anything that is fixed to land;
undertake, works, acts or activities, includes to cause the works, acts or activities to be undertaken;
vehicle means any thing used or capable of being used to transport people or things by air, road or rail;
vessel means any thing used or capable of being used to transport people or things by water.
[Regulation 2 amended in Gazette 28 Aug 2012 p. 4132-3.]
Part 2 — Development
[3.Deleted in Gazette 28 Aug 2012 p. 4133.]
The following works, acts and activities do not constitute development for the purposes of the definition of that term in section 3(1) —
(a)the exhibition of a sign, including a traffic control sign or device;
(b)repairs to or maintenance of an existing structure which —
(i)are not related to a change of use of any part of the structure; and
(ii)do not alter the structure’s function or appearance;
(c)the carrying out of work inside a building which is not related to a change of use of any part of the building and does not alter its external appearance;
(d)works, acts and activities urgently required to avoid or mitigate danger to public safety or significant damage to property or the environment;
(e)works, acts and activities undertaken —
(i)by a Schedule 5 authority for the purpose of controlling erosion; or
(ii)by any other person for the purpose of controlling erosion on private property that is contiguous with the River reserve;
(f)the placement of temporary structures, including structures associated with spectator events, for a period not exceeding 6 months, and the removal of those structures;
(ga)works, acts and activities by leaseholders that are of a value less than $50 000;
(g)works, acts and activities by Schedule 5 authorities that are not for commercial purposes or use and —
(i)are carried out in accordance with a management programme; or
(ii)are of a value of less than $500 000;
(h)acts and activities that do not involve the erection, construction, demolition, alteration or carrying out of any building, excavation, or other works, in, on, over or under land or waters;
(i)fire hazard reduction (other than fire hazard reduction referred to in paragraph (j)), including the creation of access tracks for the purpose of fire hazard reduction;
(j)fire control in the course of fighting a fire, including the making of fire breaks, providing access, burning or other means used to reduce fire hazards;
(k)maintenance dredging in waters in the Riverpark or development control area;
(l)scientific studies.
[Regulation 4 amended in Gazette 28 Aug 2012 p. 4133.]
5.Development that Trust may approve
The following works, acts and activities are prescribed for the purposes of section 85(1) —
(a)works that are not for commercial use and are carried out on private property;
(b)the placement of temporary structures, including structures associated with spectator events, for a period exceeding 6 months but not exceeding 18 months, and the removal of those structures.
[Regulation 5 amended in Gazette 28 Aug 2012 p. 4133.]
Schedule 2 Form 1 is prescribed for the purposes of section 72.
[Regulation 6 amended in Gazette 28 Aug 2012 p. 4134.]
7.Form
Schedule 2 Form 2 is prescribed for the purposes of section 89(4).
[Regulation 7 amended in Gazette 28 Aug 2012 p. 4134.]
Division 2 — Regulation of works, acts and activities that are not “development”
8.Application of this Division
This Division does not apply to anything done in accordance with —
(a)an approval for the purposes of section 70; or
(b)a determination of the Western Australian Planning Commission under the Metropolitan Region Scheme clause 30A.
[Regulation 8 amended in Gazette 28 Aug 2012 p. 4134.]
9.Signs
(1)A person must not, unless the person has a permit to do so, exhibit a sign in the Riverpark or development control area.
Penalty: a fine of $5 000.
(2)Subregulation (1) does not apply to the following signs —
(a)a sign exhibited with the approval of a Schedule 5 authority that owns or has the care, control and management of the land on which the sign is exhibited if —
(i)the approval was given prior to the coming into operation of these regulations; and
(ii)the sign is not changed;
(b)a sign exhibited by a Schedule 5 authority;
(c)a sign exhibited in accordance with a requirement of a written law;
(d)a sign in relation to directions, or the construction, maintenance or use of roads, exhibited with the approval of the Commissioner of Main Roads;
(e)a sign exhibited for the duration of any works or activities for the purpose of giving advice or directions concerning matters of access or safety;
(f)a sign within a building;
(g)a sign providing a warning about security arrangements protecting premises or a facility;
(h)a sign exhibited on a notice board approved by the Trust for that purpose;
(i)a sign that complies with the requirements of a local law or local planning scheme relating to signs in the relevant part of the Riverpark or development control area and is —
(i)a newspaper or magazine poster; or
(ii)a sign exhibited on a shop window; or
(iii)a sign exhibited on street furniture or a bus shelter or seat; or
(iv)an election sign; or
(v)a real estate or property disposal sign; or
(vi)a community information sign; or
(vii)a direction sign; or
(viii)a name plate; or
(ix)a portable A frame sign or sandwich board not exceeding 1 m2; or
(x)a sign on a vehicle or vessel;
(j)a sign exhibited —
(i)on land outside of the River reserve that is owned by or under the care, control and management of a Schedule 5 authority; and
(ii)in accordance with the approval or permission of that Schedule 5 authority; and
(iii)in the course of a spectator event;
(k)a sign exhibited in the River reserve in accordance with a permit granted under regulation 26;
(l)a sign exhibited on a vehicle or vessel that —
(i)identifies the manufacturer or type of vehicle or vessel, or is the name of the vehicle or vessel; or
(ii)is within the Riverpark or the development control area for the purpose of delivering goods or services to an activity being lawfully undertaken within the Riverpark or the development control area; or
(iii)is generally or principally intended for use in an event for which permission is required under the Navigable Waters Regulations 1958 regulation 51C; or
(iv)is used for public transport or as a licensed taxi;
(m)a sign exhibited on clothing or personal items worn or carried by an individual.
(3)The Trust may transfer a permit granted for the purposes of this regulation from one person to another.
(4)The Trust may —
(a)remove any sign exhibited in contravention of this regulation; and
(b)dispose of the sign so removed as it thinks fit.
(5)If the Trust removes or disposes of a sign under subregulation (4), it may recover the cost of the removal or disposal in a court of competent jurisdiction from the owner of the sign.
[Regulation 9 amended in Gazette 28 Aug 2012 p. 4134.]
10.Repair and maintenance
(1)In this regulation —
park means —
(a)land reserved under the Land Administration Act 1997 Part 4; or
(b)a nature reserve or marine reserve as those terms are defined in the Conservation and Land Management Act 1984; or
(c)land owned by a Schedule 5 authority;
repairs to or maintenance of a structure, means repairs or maintenance that, but for regulation 4(b), would constitute development.
(2)A person must not, unless the person has a permit to do so, undertake in the Riverpark or development control area repairs to or maintenance of an existing structure.
Penalty: a fine of $5 000.
(3)This regulation does not apply to —
(a)repairs to or maintenance of a structure that is wholly within private property; or
(b)repairs to or maintenance of a structure that is wholly within a park, if the repairs are undertaken by a Schedule 5 authority that owns or has the care, control and management of the park; or
(c)repairs to or maintenance of a structure that is partly within private property and partly within a park, if the repairs are undertaken by a Schedule 5 authority that owns or has the care, control and management of the park; or
(d)works referred to in regulation 4(c).
[Regulation 10 amended in Gazette 28 Aug 2012 p. 4134.]
11.Emergency works
(1)In this regulation —
emergency works, acts or activities means works, acts or activities that, but for regulation 4(d), would constitute development.
(2)A person must not, unless the person has a permit to do so, undertake any emergency works, acts or activities in the Riverpark or development control area.
Penalty: a fine of $5 000.
(3)Subject to any conditions and restrictions imposed on the permit, a permit granted for the purposes of this regulation is to be taken to include a permit to carry out any other works, acts or activities that are reasonably necessary for the purposes of carrying out the works, acts or activities in relation to which the permit is granted.
(4)It is a defence to proceedings for an offence under this regulation if —
(a)the person charged with that offence proves that —
(i)the person took all reasonable precautions to avoid the need for the emergency works, acts or activities; and
(ii)it was not reasonably practicable to obtain a permit before undertaking the emergency works, acts or activities; and
(iii)as soon as was reasonably practicable the person gave the Trust written notification of the emergency works, acts or activities;
or
(b)the person charged with that offence proves that the person applied for a permit in relation to the emergency works, acts or activities, and the court is of the opinion that the permit should have been granted.
[Regulation 11 amended in Gazette 28 Aug 2012 p. 4134.]
12.Erosion control
(1)In this regulation —
works means works that, but for regulation 4(e), would constitute development.
(2)A person must not, unless the person has a permit to do so, undertake or cause to be undertaken on land that is in the development control area, works for the purpose of controlling erosion on private property that is contiguous with the River reserve.
Penalty: a fine of $5 000.
(3)A Schedule 5 authority must not undertake on land that is in the Riverpark or development control area, works for the purpose of controlling erosion unless —
(a)the works comprise repairs or maintenance of a structure for erosion control; or
(b)the authority has a permit to do so.
Penalty: a fine of $5 000.
[Regulation 12 amended in Gazette 28 Aug 2012 p. 4135.]
13.Temporary structures
(1)In this regulation —
temporary structure means a temporary structure, the erection or placement of which would, but for regulation 4(f), constitute development of a kind described in paragraph (a) of the definition of that term in section 3(1).
(2)A person must not place or remove a temporary structure, including a structure associated with a spectator event, in the Riverpark or development control area unless —
(a)the temporary structure relates to an act or activity referred to in regulation 17(2)(b); or
(b)the person has a permit to do so.
Penalty: a fine of $5 000.
[Regulation 13 amended in Gazette 28 Aug 2012 p. 4135.]
14A.Leaseholders
(1)In this regulation —
works means works that, but for regulation 4(ga), would constitute development, but does not include works, acts or activities referred to in regulation 9, 10, 12 or 15.
(2)A leaseholder must not undertake any works in the Riverpark or development control area unless the leaseholder has a permit to do so.
Penalty: a fine of $5 000.
[Regulation 14A inserted in Gazette 28 Aug 2012 p. 4135.]
14.Sch. 5 authorities
(1)In this regulation —
works means works that, but for regulation 4(g), would constitute development, but does not include works, acts or activities referred to in regulation 9, 10,12 or 15.
(2)A Schedule 5 authority must not undertake any works in the Riverpark or development control area unless —
(a)the works are of a value less than $10 000; or
(b)the authority has a permit to do so.
Penalty: a fine of $5 000.
[Regulation 14 amended in Gazette 28 Aug 2012 p. 4136.]
15.Fire hazard reduction
(1)In this regulation —
fire hazard reduction means an activity that, but for regulation 4(i), would constitute development.
(2)A person must not, unless the person has a permit to do so, undertake fire hazard reduction in the Riverpark or development control area unless the fire hazard reduction is carried out —
(a)in accordance with a management programme; or
(b)in the course of fighting a fire.
Penalty: a fine of $5 000.
[Regulation 15 amended in Gazette 28 Aug 2012 p. 4136.]
16A.Aircraft activity
(1)In this regulation —
aircraft means a machine that can derive support in the atmosphere from buoyancy or the reactions of the air but does not include a hovercraft;
aircraft activity means all or any of the following —
(a)the landing or touching down of an aircraft;
(b)the take off of an aircraft;
(c)the standing, parking, docking or mooring of an aircraft;
(d)the embarkation of passengers onto or disembarkation of passengers from an aircraft;
(e)the loading of freight onto or the unloading of freight from an aircraft;
(f)the refuelling, servicing or repair of an aircraft.
(2)A person must not undertake any aircraft activity in the Riverpark or development control area unless —
(a)the activity is urgently required to avoid or mitigate danger to public safety or significant damage to property or the environment; or
(b)the person has —
(i)a licence to do so granted under section 32; or
(ii)a permit to do so.
Penalty: a fine of $5 000.
[Regulation 16A inserted in Gazette 28 Aug 2012 p. 4136.]
16B.Maintenance dredging
A person must not, except in accordance with a permit, undertake maintenance dredging in waters in the Riverpark or development control area.
Penalty: a fine of $5 000.
[Regulation 16B inserted in Gazette 28 Aug 2012 p. 4137.]
16C.Scientific studies
A person must not, except in accordance with a permit, undertake any scientific studies in the Riverpark or development control area.
Penalty: a fine of $5 000.
[Regulation 16C inserted in Gazette 28 Aug 2012 p. 4137.]
Part 3 — Protection of Riverpark and development control area
This Part does not apply to anything done in accordance with —
(a)an approval for the purposes of section 70; or
(b)a determination of the Western Australian Planning Commission under the Metropolitan Region Scheme clause 30A.
[Regulation 16 amended in Gazette 28 Aug 2012 p. 4137.]
17.Commercial acts and activities
(1)A person must not, unless the person has a permit to do so, undertake or cause to be undertaken an act or activity in the Riverpark or development control area if the act or activity is undertaken for a commercial purpose.
Penalty: a fine of $5 000.
(2)This regulation does not apply to an act or activity that —
(a)involves the erection, construction, demolition, alteration or carrying out of any building, excavation, or other works, in, on, over or under land or waters (in which case a different form of authorisation will be required); or
(b)is undertaken —
(i)in accordance with a licence or permit granted under the Conservation and Land Management Act 1984 section 101; or
(ii)in accordance with a licence granted under the Fish Resources Management Regulations 1995 Part 11 Division 1, 4 or 5; or
(iii)in accordance with a permit granted under regulation 26; or
(iv)in the course of an event referred to in regulation 26(4).
[Regulation 17 amended in Gazette 28 Aug 2012 p. 4137.]
18.Banks of waters
(1)A person must not, unless the person has a permit to do so, do or cause the doing of anything that is likely to bring about the collapse or movement of any part of the banks of waters in the Riverpark or development control area.
Penalty: a fine of $5 000.
(2)Without limiting subregulation (1), a reference in that subregulation to the doing of anything includes —
(a)the removal of any tree, shrub or other plant; and
(b)causing or permitting grazing by livestock.
19.River bed
(1)A person must not, unless the person has a permit to do so, dig in the bed or subsoil beneath any waters in the Riverpark.
Penalty: a fine of $5 000.
(2)Subregulation (1) does not apply to —
(a)digging for the purpose of taking worms or invertebrates (although regulation 20 may apply); or
(b)anchoring vessels.
20.Worms
(1)A person must not, unless the person has a permit to do so —
(a)dig for worms or other invertebrates in the Riverpark; or
(b)take worms or other invertebrates from the Riverpark if the worms or other invertebrates were obtained by digging.
Penalty: a fine of $5 000.
(2)This regulation does not apply —
(a)if —
(i)the worms or other invertebrates are dug up in the bed or subsoil beneath any waters that is at least 5 m from any river bank and any vegetation; and
(ii)any other material dug from the bed or subsoil is returned to the location from which it was taken;
or
(b)in an area that is a park or reserve established under the Conservation and Land Management Act 1984 (in which case, authorisation is required under that Act).
(1)A person must not, unless the person has a permit to do so, destroy, pull up, cut back or injure any tree, shrub, aquatic plant or other perennial plant that is in the Riverpark or development control area.
Penalty: a fine of $5 000.
(2)Nothing in subregulation (1) applies to anything done —
(a)in the normal operations of a farm, orchard, plantation, vineyard or other commercial agricultural operation; or
(b)for the purpose of routine maintenance of any reserve under the Land Administration Act 1997 or the Conservation and Land Management Act 1984, land owned by a Schedule 5 authority or any garden or grassed area; or
(c)by way of removal of plants usually regarded as weeds; or
(d)by way of fire control in the course of fighting a fire, including the making of fire breaks, providing access, burning or other means used to reduce fire hazards; or
(e)by way of fire hazard reduction carried out in accordance with a management programme; or
(f)in the creation of access tracks for fire hazard reduction in accordance with a management programme.
22A.Vessels unattended, and moorings, on land
(1)A person must not leave a vessel unattended for 8 hours or more above the high water mark in the Riverpark or development control area unless —
(a)the vessel is stored in a facility approved by the Trust for that purpose; or
(b)the person has a permit to do so.
Penalty: a fine of $5 000.
(2)A person must not, unless the person has a permit to do so, place above the high water mark in the Riverpark or development control area an object for securing vessels.
Penalty: a fine of $5 000.
[Regulation 22A inserted in Gazette 28 Aug 2012 p. 4137-8.]
22.Launching vessels
(1)In this regulation —
permitted launching place means —
(a)a boat ramp —
(i)approved under the
(ii)that was in existence at the commencement of the
and that is licensed to be used under the Jetties Act 1926 section 7; or
(b)an area that is between 2 signs for the time being erected or established by the Trust and inscribed with words indicating that the launching of vessels from trailers is permitted and each having an arrow pointing generally towards the other sign;
trailer means a vehicle without its own motive power that is built to be towed, or is towed, by a vehicle.
(2)A person must not, unless the person has a permit to do so, launch a vessel directly from a trailer into any waters in the Riverpark or development control area except at a permitted launching place.
Penalty: a fine of $5 000.
23.
A person must not use a vessel in waters in the development control area as living accommodation unless —
(a)the vessel is moored in an area approved by the Trust for the purposes of this regulation; or
(b)the person does not use the vessel as living accommodation for —
(i)a period of more than 6 consecutive days; or
(ii)more than 10 days (which do not include any period of more than 6 consecutive days) in any period of 30 consecutive days that includes the period in which the offence is alleged to have been committed.
Penalty: a fine of $5 000.
24.Trust courtesy moorings
(1)In this regulation —
commercial vessel means —
(a)a vessel which is not used solely for pleasure or recreation; or
(b)a vessel the use of which is made, allowed or authorised in the course of a business or in connection with a commercial purpose;
length means the distance from the fore part of the hull to the after part of the hull taken at the upperside of the uppermost weathertight deck or, in the case of an open vessel, at the height of the gunwale;
Trust courtesy mooring means a buoy coloured orange and marked with the words “Swan River Trust, Courtesy Mooring, 4 hr limit” situated in the waters of the River reserve.
(2)A person must not secure a vessel to a Trust courtesy mooring during the period from 7 a.m. to 7 p.m. on any particular day unless the vessel is secured to the mooring for less than —
(a)4 consecutive hours; or
(b)4 hours in any period of 6 hours.
Penalty: a fine of $5 000.
(3)A person must not secure a vessel to a Trust courtesy mooring if the vessel exceeds the maximum length of vessel for that mooring as specified on a sign affixed to the mooring by the Trust.
Penalty: a fine of $5 000.
[Regulation 24 amended in Gazette 28 Aug 2012 p. 4138.]
(1)In this regulation —
litter has the meaning given to that term by the Litter Act 1979.
(2)A person must not deposit litter, or cause litter to be deposited, in the Riverpark unless the litter is deposited in a place or receptacle set aside or provided for that purpose.
Penalty: a fine of $5 000.
(3)A person must not deliberately break any glass, metal or earthenware object in the Riverpark.
Penalty: a fine of $5 000.
26.Spectator events in River reserve
[(1)deleted]
(2)A person must not, unless the person has a permit to do so, organise or hold a spectator event within the River reserve, or promote such an event.
Penalty: a fine of $5 000.
(3)A permit for the purposes of this regulation may include a permit to exhibit signs in a manner and form specified in the permit.
(4)Subregulation (2) does not apply —
(a)in relation to an event for which permission is required under the Navigable Waters Regulations 1958 regulation 51C; or
(b)in relation to an event on land owned by or under the care, control and management of a Schedule 5 authority.
[Regulation 26 amended in Gazette 28 Aug 2012 p. 4138.]
27.
(1)In this regulation —
in writing includes by fax or electronic mail;
orally includes by telephone, radio or video conference.
(2)An application for a permit for the purposes of regulation 11 may be made to the Trust orally or in writing.
(3)The permit may be given to the applicant orally or in writing.
(4)If the applicant is given a permit orally, the Trust must give the applicant a permit in writing as soon as practicable after giving the permit orally.
(5)The Trust may refuse to accept an application under this regulation and require the application to be made under regulation 28.
28.Permit
(1)Except as provided in regulation 27, an application for a permit must —
(a)be made in a form and in the manner approved by the Trust; and
(b)provide the information required by the form; and
(c)be lodged with the Trust together with any application fee prescribed under these regulations.
(2)The Trust may require an applicant to provide additional information reasonably related to an application before determining the application.
(3)The Trust may refuse to consider an application which is not in accordance with subregulation (1) or where an applicant has not complied with subregulation (2).
(1)The Trust may grant, or refuse to grant, a permit to carry out an activity for which a permit is required under these regulations.
(2)A permit may be granted in combination with other permits.
Subject to these regulations, a permit has effect for the period specified in the permit.
31.Conditions and restrictions
(1)The Trust may impose conditions and restrictions on a permit.
(2)Conditions and restrictions imposed on a permit must be endorsed on or attached to the written permit.
(3)The holder of a permit who contravenes a condition or restriction imposed on the permit commits an offence.
Penalty: a fine of $5 000.
32.Clerical amendment of permit
(1)The Trust may amend a permit by correcting in the permit a clerical mistake or unintentional error or omission.
(2)A permit may be amended on application by the holder of the permit or on the initiative of the Trust.
33.Revoking or suspending permit
(1)The Trust may revoke or suspend a permit.
(2)The grounds for revocation or suspension of a permit are that —
(a)the Trust is satisfied that there has been a breach of any of the conditions or restrictions to which the permit is subject; or
(b)information contained in or supporting the application for the permit was false or misleading in a material respect.
34.
(1)Before revoking or suspending a permit the Trust must give the holder of the permit a written notice under this regulation.
(2)The notice must —
(a)state details of the proposed action including, in the case of a proposed suspension, the proposed period of suspension; and
(b)invite the holder to make representation to the Trust to show why the action should not be taken; and
(c)state the period (at least 14 days after the notice is given to the holder) within which representations may be made.
(3)The representations must be made in writing.
(4)The Trust may take the proposed action —
(a)at any time after the holder of the permit gives the Trust written notice that the holder does not intend to make any representations or further representations; or
(b)if such notice is not given, after the end of the period stated in the notice within which representations may be made.
(5)The Trust must consider any representations properly made by the holder of the permit.
(6)The Trust must give the holder of the permit written notice of any revocation or suspension of the permit.
35.Immediate suspension
(1)This regulation applies, despite regulation 34 and whether or not action has been commenced under that regulation, if the Trust considers it necessary to suspend a permit immediately because there is an immediate and serious risk of harm to the ecological and community benefits and amenity of the Riverpark or development control area.
(2)The Trust may, by written notice given to the holder of a permit, immediately suspend the permit until the earlier of the following —
(a)the time at which the Trust informs the holder of the Trust’s decision under regulation 34;
(b)the end of the period of suspension specified in the notice.
(3)The notice must —
(a)specify a period of suspension not exceeding 6 weeks; and
(b)state that the holder may make written representations to the Trust about the suspension.
(4)The Trust must consider any written representations made to it by the holder about the suspension.
(5)The Trust may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder.
36.Approval
Any approval of the Trust given under the Swan River Trust Regulations 1989 3 and of effect immediately prior to the coming into operation of these regulations has effect as if it were a permit under these regulations.
37.Offences
The offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 123.
[Regulation 37 amended in Gazette 28 Aug 2012 p. 4138.]
38.Modified penalties
The modified penalty to be specified in an infringement notice issued for an offence is the modified penalty set out for that offence in Schedule 1.
39.Infringement notice
Schedule 2 Form 3 is prescribed for the purposes of section 123(3)(a).
[Regulation 39 amended in Gazette 28 Aug 2012 p. 4139.]
40.Withdrawal of infringement notice
Schedule 2 Form 4 is prescribed for the purposes of section 123(7).
[Regulation 40 amended in Gazette 28 Aug 2012 p. 4139.]
41.Continuing offence
For each separate and further offence committed by a person under the Interpretation Act 1984, the penalty is a fine of $100.
42.Rate of interest prescribed (Act s. 103(4)
The rate of interest for the purposes of section 103(4) is —
(a)the rate of interest prescribed under the Civil Judgments Enforcement Act 2004 section 8(1)(a); or
(b)6% per annum,
whichever is the higher rate.
[Regulation 42 amended in Gazette 28 Aug 2012 p. 4139.]
43.
(1)If a Schedule 5 authority proposes to exercise a power conferred on the Schedule 5 authority by a written law that is in conflict with a provision of the Act (other than a provision of Part 5 of the Act), the Schedule 5 authority must give written notification to the General Manager of the proposal —
(a)if the Schedule 5 authority becomes aware of the conflict more than 30 days before the power is to be exercised — at least 30 days before exercising the power; or
(b)otherwise — as soon as practicable after becoming aware of the conflict.
(2)The notification must —
(a)state the particulars of the conflict, including —
(i)the provisions of the Act and the other written law that are in conflict; and
(ii)the situation that has given rise to the conflict;
and
(b)be accompanied by any written advice the Schedule 5 authority has received in relation to the conflict.
(3)In the case of a Schedule 5 authority that is a statutory authority, the notification may be given by the person or body (however described) having the general direction and control of, and the overall responsibility for, the operations of the statutory authority.
(4)This regulation does not affect the law relating to legal professional privilege.
44.River reserve leases
(1)The Trust may, by way of renewal or further renewal of a lease granted with the approval of the Minister under section 29, grant a lease of land that is part of the River reserve —
(a)for a period not exceeding the term of the lease that is renewed; and
(b)on the terms and conditions to which the lease was subject before its renewal.
(2)The Trust may grant a sublease of a lease granted with the approval of the Minister under section 29 if the terms and conditions of the sublease are consistent with the lease.
[Regulation 44 amended in Gazette 28 Aug 2012 p. 4139.]
Schedule 1 —
[r. 37, 38]
|
Offences |
Modified penalty |
|
|
r. 9(1) |
Exhibiting sign without permit |
$200 |
|
r. 10(2) |
Undertaking repairs or maintenance without permit |
$200 |
|
r. 11(2) |
Undertaking emergency work, act or activity without permit |
$200 |
|
r. 12(2) |
Undertaking works to control erosion without permit |
$200 |
|
r. 13(2) |
Placing or removing temporary structure without permit |
$200 |
|
r. 14A(2) |
Leaseholder undertaking works without permit |
$200 |
|
r. 14(2) |
Schedule 5 authority undertaking works without permit |
$200 |
|
r. 15(2) |
Undertaking fire hazard reduction without permit |
$200 |
|
r. 16A(2) |
Undertaking aircraft activity without licence or permit |
$200 |
|
r. 16B |
Undertaking maintenance dredging without permit |
$200 |
|
r. 16C |
Undertaking scientific studies without permit |
$200 |
|
r. 17(1) |
Undertaking activity for commercial purpose without permit |
$200 |
|
r. 18(1) |
Doing anything likely to bring about collapse or movement of banks |
$200 |
|
r. 19(1) |
Digging in bed or subsoil |
$200 |
|
r. 20(1) |
Digging for or taking worms or invertebrates |
$200 |
|
r. 21(1) |
Destroying or injuring tree, shrub or plant |
$200 |
|
r. 22A(1) |
Leaving vessel unattended on land without permit |
$200 |
|
r. 22A(2) |
Placing object to secure vessel on land without permit |
$200 |
|
r. 22(2) |
Launching vessel from trailer except at permitted launching place |
$200 |
|
r. 23 |
Using vessel as living accommodation |
$200 |
|
r. 24(2) |
Securing vessel to Trust courtesy mooring for period that is longer than authorised |
$200 |
|
r. 24(3) |
Securing long or commercial vessel to Trust courtesy mooring |
$200 |
|
r. 25(2) |
Littering Riverpark |
$200 |
|
r. 25(3) |
Breaking glass, metal or earthenware in Riverpark |
$200 |
|
r. 26(2) |
Organising or holding spectator event in River reserve without permit |
$200 |
|
r. 31(3) |
Contravening condition or restriction imposed on permit |
$200 |
[Schedule 1 amended in Gazette 28 Aug 2012 p. 4139-40.]
[r. 6, 7, 39, 40]
Form 1
Swan and Canning Rivers Management Act 2006
Section 72
APPLICATION FOR APPROVAL OF DEVELOPMENT
1.Applicant — the applicant is required to sign the form at item 8
The applicant is the person with whom the Swan River Trust will correspond, unless an authorised agent has been appointed to act on behalf of the applicant, in which case correspondence will be sent direct to the agent.
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Name of Applicant |
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Name of Company (if applicable) |
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|||||
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Contact person |
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|||||
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Postal address |
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|||||
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Town/Suburb |
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State |
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Postcode |
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Telephone |
Work |
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Home |
|
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|
Facsimile |
|
|||||
|
|
|
|||||
2.Landowner(s) — landowners are required to sign the form at item 8
All owner(s) of the land must sign this application. Where land is owned by the Crown, or has a management order granted to a local government or other agency, this application must be signed by the relevant landowner as required under section 72(5)(a) of the Act. If there are more than 2 landowners, please provide the additional information on a separate page.
|
Full name |
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Company/agency (if applicable) |
|
|||||
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Position & ACN/ABN (if applicable) |
Position |
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ACN/ABN No. |
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||
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Postal address |
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|||||
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Town/Suburb |
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State |
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Postcode |
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Details of 2nd landowner (if applicable) |
||||||
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Full name |
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|||||
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Company/agency (if applicable) |
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|||||
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Position & ACN/ABN (if applicable) |
Position |
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ACN/ABN No. |
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||
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Postal address |
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|||||
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Town/Suburb |
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State |
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Postcode |
|
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3.Appointment of an authorised agent — authorised agent is required to sign the form at item 8
Where the applicant has appointed an authorised agent to act on their behalf, the authorised agent must attach the written authority to this application.
Have you appointed an authorised agent to act on your behalf?YES
NO
|
Details of authorised agent |
|||||
|
Full name |
|
||||
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Company/agency (if applicable) |
|
||||
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Position in company/agency |
|
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ACN/ABN (if applicable) /Telephone |
ACN/ABN: |
Work |
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Postal address |
|
||||
|
Town/Suburb |
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State |
|
Postcode |
|
4.Certificate(s) of title information
|
Certificate of Title |
Volume |
|
Folio |
|
|
Diagram/Plan/ |
|
|||
|
Lot No. and location of subject lot |
Lot No. (whole/part) |
|
||
|
Location |
|
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|
Reserve No. |
|
|||
|
Street No. and name |
|
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|
Town/Suburb |
|
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|
Nearest road intersection |
|
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5.River reserve lease (Swan and Canning Rivers Management Act 2006 section 29)
If you intend to apply for a lease in relation to this proposed development, you will need to complete a separate form – Application for a River reserve lease – and lodge it concurrently with this application. Note: River reserve leases will not be granted for developments requiring approval under section 70 of the Act – to which the proposed lease relates – unless that approval has been granted.
Does the development require a River reserve lease?YES
NO
If the development requires a River reserve lease, please tick the appropriate box below.
|
New lease |
|
|
Renewal of a lease |
|
|
Modification of an existing lease (i.e. change in area or purpose etc.) |
|
6.River reserve licence (Swan and Canning Rivers Management Act 2006 section 32)
If you intend to apply for a licence in relation to this proposed development, you will need to complete a separate form – Application for a River reserve licence – and lodge it concurrently with this application, e.g. charter vessel operation, kayak, canoe tours, etc. Refer to the Swan River Trust Licence Application Guidelines on how to apply for a River reserve licence.
|
Does the proposed development involve an activity in |
YES |
|
NO |
|
If the development requires a River reserve licence, please tick the appropriate box below.
|
New licence |
|
|
Renewal of a licence |
|
|
Modification of an existing licence (i.e. change in area, purpose, etc.) |
|
7.Details of proposed development
Please provide a written description of the proposed development (refer to the Swan River Trust’s Development Application Guidelines for further details on what information to include in this section).
|
Estimated cost of development |
$ |
|
Current use of land |
Please describe below what the land is currently used for. _______________________________________________ _______________________________________________ _______________________________________________
|
|
Proposed development |
Please provide a detailed written description below of the proposed use and development. If there is insufficient space, please provide the required information as an attachment to this application form. _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________
|
8.Signatures
|
Signed by applicant |
||
|
Applicant signature |
|
|
|
Date |
|
|
|
Print name and position (if signing on behalf of a company or agency) |
Name |
|
|
Position |
|
|
|
Signed by landowner/s (if the landowner is not the applicant) |
||
|
I consent to this application being made. |
||
|
Landowner signature |
|
|
|
Landowner signature |
|
|
|
Date |
|
|
|
Print name and position (if signing on behalf of a company or agency) |
Name |
|
|
Position |
|
|
|
Signed by authorised agent (if you are acting for the applicant) |
||
|
I have attached a copy of the written authorisation for me to act on behalf of the applicant to this application. |
||
|
Authorised agent signature |
|
|
|
Date |
|
|
|
Print name and position (if signing on behalf of a company or agency) |
Name |
|
|
Position |
|
|
Form 2
Swan and Canning Rivers Management Act 2006
Section 89(4)
CLAIM FOR COMPENSATION FOR INJURIOUS AFFECTION
TO THE SWAN RIVER TRUST:
I, BEING:
|
Name |
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||||
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Street Address |
|
||||
|
City |
|
Postcode |
|
||
|
Telephone |
Work |
|
Home |
|
|
AND THE OWNER OF THE FOLLOWING LAND:
|
House No. |
|
|||
|
Street |
|
|||
|
Location No. |
|
|||
|
Certificate of Title |
Volume |
|
Folio |
|
CONSIDER THAT THE LAND HAS BEEN INJURIOUSLY AFFECTED BY REASON OF THE DECISION OF THE MINISTER/TRUST* DATED IN WHICH AN APPLICATION FOR APPROVAL OF DEVELOPMENT WAS:
(please tick applicable box below)
|
Refused |
|
|
Approved, but in a modified form |
|
|
Approved or approved in a modified form, but subject to a condition or restriction unacceptable to me |
|
I CLAIM AS COMPENSATION FOR THAT INJURIOUS AFFECTION THE SUM OF:
|
$ |
|
WHICH SUM IS MADE UP AS FOLLOWS:
|
|
|
|
|
|
|
SIGNED |
|
|
DATE |
|
* Delete whichever is not applicable
Form 3
|
Swan and Canning Rivers Management Act 2006 Infringement notice |
Infringement |
|
|
Alleged offender |
Name:Family name |
|
|
Given names |
||
|
orCompany name ____________________________________ ACN |
||
|
Address: ________________________________________________ Postcode |
||
|
Alleged offence |
Description of offence: |
|
|
|
||
|
Date: //20Time: a.m./p.m. |
||
|
Modified penalty: $ |
||
|
Officer issuing notice |
Name: |
|
|
Signature: |
||
|
Office: |
||
|
Date |
Date of notice: //20 |
|
|
Notice to alleged offender |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. How to pay: By post: Send a cheque or money order (payable to “Swan River Trust The C/‑ The Accountant Department of Environment and Conservation GPO If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act your driver’s licence and/or vehicle licence may be suspended. |
|
|
|
If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the General Manager of the Swan River Trust at the above postal address. If you want this matter to be dealt with by prosecution in court, sign here _______________________________________ and post this notice to the General Manager of the Swan River Trust at the above postal address within 28 days after the date of this notice. |
|
Form 4
|
Withdrawal of infringement notice |
Withdrawal No. |
|
|
Alleged offender |
Name:Family name |
|
|
Given names |
||
|
orCompany name _____________________________________ ACN |
||
|
Address: _______________________________________________ Postcode |
||
|
Infringement notice |
Infringement Notice No.: |
|
|
Date of issue: //20 |
||
|
Alleged offence |
Description of offence: |
|
|
Swan and Canning Rivers Management Regulations 2007 |
||
|
Date: //20Time:a.m./p.m. |
||
|
Officer withdrawing notice |
Name: |
|
|
Signature: |
||
|
Office: |
||
|
Date |
Date of withdrawal: //20 |
|
|
Withdrawal of infringement notice
[*delete |
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. *Your refund is enclosed. or *If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: The C/‑ The Accountant Department of Environment and Conservation GPO
Signature//20 |
|
1This reprint is a compilation as at 23 November 2012 of the Swan and Canning Rivers Management Regulations 2007 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Swan and Canning Rivers Management Regulations 2007 |
25 Sep 2007 p. 4787‑831 |
25 Sep 2007 (see note under r. 1 and Gazette 25 Sep 2007 p. 4835) |
|
Swan and Canning Rivers Management Amendment Regulations 2012 |
28 Aug 2012 p. 4132-40 |
r. 1 and 2: 28 Aug 2012 (see r. 2(a)); |
|
Reprint 1: The Swan and Canning Rivers Management Regulations 2007 as at 23 Nov 2012 (includes amendments listed above) |
||
2Repealed by the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006.
3The regulation in these regulations repealing the Swan River Trust Regulations 1989 was omitted under the Reprints Act 1984 s. 7(4)(f).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
aircraft activity16A(1)
commercial purpose2
commercial use2
commercial vessel24(1)
emergency works, acts or activities11(1)
exhibit2
fire hazard reduction15(1)
in writing27(1)
leaseholder2
length24(1)
litter25(1)
maintenance dredging2
orally27(1)
park10(1)
permit2
permitted launching place22(1)
private property2
public place2
repairs to or maintenance of10(1)
section2
sign2
spectator event2
structure2
temporary structure13(1)
trailer22(1)
Trust courtesy mooring24(1)
undertake2
vehicle2
vessel2
works12(1), 14A(1), 14(1)
By Authority: JOHN A. STRIJK, Government Printer