Swan and Canning Rivers Management Act 2006

Swan and Canning Rivers Management Regulations 2007

 

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 CEO 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.Use of Department courtesy moorings19

25.Litter20

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.CEO may revoke or suspend permit23

34.Revoking or suspending permit, procedure for23

35.Immediate suspension of permit24

36.Approval in force at 25 Sep 2007, saving for25

Part 5 — Infringement notices

37.Offences prescribed (Act s. 123)26

38.Modified penalties prescribed (Act s. 123)26

39.Infringement notice, form of prescribed (Act s. 123(3))26

40.Withdrawal of infringement notice, form of prescribed (Act s. 123(7))26

Part 6 — Other matters

41.Continuing offence, penalty for27

42.Rate of interest prescribed (Act s. 103(4))27

43.Sch. 5 authority proposing to act in conflict with Act, procedure in case of27

44.River reserve leases (Act s. 29), renewal and sublease of28

45.Act Schedule 2 amended29

46.Act Schedule 3 amended29

47.Act Schedule 4 amended29

Schedule 1 — Prescribed offences and modified penalties

Schedule 2 — Forms

Notes

Compilation table43

Uncommenced provisions table44

Other notes44

Defined terms

 

Swan and Canning Rivers Management Act 2006

Swan and Canning Rivers Management Regulations 2007

Part 1  Preliminary

1.Citation

These regulations are the 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.

2.Terms used

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: Gazette 28 Aug 2012 p. 4132-3.]

Part 2 — Development and regulation of related works, acts and activities

Division 1 — Development

[3.Deleted: Gazette 28 Aug 2012 p. 4133.]

4.Act s. 3(1) development, exclusions from

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: Gazette 28 Aug 2012 p. 4133.]

5.Development that CEO may approve (Act. s. 85(1))

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: Gazette 28 Aug 2012 p. 4133.]

6.Form prescribed (Act s. 72)

Schedule 2 Form 1 is prescribed for the purposes of section 72.

[Regulation 6 amended: Gazette 28 Aug 2012 p. 4134.]

7.Form prescribed (Act s. 89(4))

Schedule 2 Form 2 is prescribed for the purposes of section 89(4).

[Regulation 7 amended: 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: Gazette 28 Aug 2012 p. 4134.]

9.Signs, restrictions on exhibiting

(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 CEO 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 CEO may transfer a permit granted for the purposes of this regulation from one person to another.

(4)The CEO may —

(a)remove any sign exhibited in contravention of this regulation; and

(b)dispose of the sign so removed as the CEO thinks fit.

(5)If the CEO removes or disposes of a sign under subregulation (4), the CEO may recover the cost of the removal or disposal in a court of competent jurisdiction from the owner of the sign.

[Regulation 9 amended: Gazette 28 Aug 2012 p. 4134; 19 Jun 2015 p. 2097‑8 and 2100.]

10.Repair and maintenance of existing structure, restrictions on

(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: Gazette 28 Aug 2012 p. 4134.]

11.Emergency works etc., restrictions on

(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 CEO 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: Gazette 28 Aug 2012 p. 4134; 19 Jun 2015 p. 2100.]

12.Erosion control, restrictions on

(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: Gazette 28 Aug 2012 p. 4135.]

13.Temporary structures, restrictions on placing etc.

(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: Gazette 28 Aug 2012 p. 4135.]

14A.Leaseholders, restrictions on works by

(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: Gazette 28 Aug 2012 p. 4135.]

14.Sch. 5 authorities, restrictions on works by

(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: Gazette 28 Aug 2012 p. 4136.]

15.Fire hazard reduction, restrictions on

(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: Gazette 28 Aug 2012 p. 4136.]

16A.Aircraft activity, restrictions on

(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: Gazette 28 Aug 2012 p. 4136.]

16B.Maintenance dredging, restrictions on

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: Gazette 28 Aug 2012 p. 4137.]

16C.Scientific studies, restrictions on

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: Gazette 28 Aug 2012 p. 4137.]

Part 3  Protection of Riverpark and development control area

16.Application of this Part

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: Gazette 28 Aug 2012 p. 4137.]

17.Commercial acts and activities, restrictions on

(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 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: Gazette 28 Aug 2012 p. 4137; 19 Jun 2015 p. 2098.]

18.Banks of waters, protection of

(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, restrictions on digging in

(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 etc., restrictions on digging for etc.

(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).

21.Vegetation, protection of

(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, restrictions on

(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 under Part 5 of the Act or by permit 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: Gazette 28 Aug 2012 p. 4137-8; amended: Gazette 19 Jun 2015 p. 2098.]

22.Launching vessels from trailers, restrictions on

(1)In this regulation —

permitted launching place means —

(a)a boat ramp —

(i)approved under the Swan River Trust Act 1988 1 or the Swan and Canning Rivers Management Act 2006; or

(ii)that was in existence at the commencement of the Swan River Trust Act 1988 1, and has not been altered in contravention of that Act or the Swan and Canning Rivers Management Act 2006,

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 authority of the CEO 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.

[Regulation 22 amended: Gazette 19 Jun 2015 p. 2098.]

23.Living on vessels, restrictions on

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 CEO 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.

[Regulation 23 amended: Gazette 19 Jun 2015 p. 2100.]

24.Use of Department 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;

Department courtesy mooring means a buoy coloured orange and marked with the words “DPaW, Courtesy Mooring, 4 hr limit” situated in the waters of the River reserve;

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.

(2)A person must not secure a vessel to a Department 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 Department courtesy mooring if the vessel exceeds the maximum length of vessel for that mooring as specified on a sign affixed to the mooring by authority of the CEO.

Penalty: a fine of $5 000.

[Regulation 24 amended: Gazette 28 Aug 2012 p. 4138; 19 Jun 2015 p. 2098‑9.]

25.Litter

(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, holding etc.

[(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: Gazette 28 Aug 2012 p. 4138.]

Part 4  Permits

27.Permit for emergency works etc. (r. 11), application for

(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 CEO 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 CEO must give the applicant a permit in writing as soon as practicable after giving the permit orally.

(5)The CEO may refuse to accept an application under this regulation and require the application to be made under regulation 28.

[Regulation 27 amended: Gazette 19 Jun 2015 p. 2100.]

28.Permit under these regulations, application for

(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 CEO; and

(b)provide the information required by the form; and

(c)be lodged with the CEO together with any application fee prescribed under these regulations.

(2)The CEO may require an applicant to provide additional information reasonably related to an application before determining the application.

(3)The CEO may refuse to consider an application which is not in accordance with subregulation (1) or where an applicant has not complied with subregulation (2).

[Regulation 28 amended: Gazette 19 Jun 2015 p. 2100.]

29.Grant of permit

(1)The CEO 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.

[Regulation 29 amended: Gazette 19 Jun 2015 p. 2100.]

30.Duration of permit

Subject to these regulations, a permit has effect for the period specified in the permit.

31.Conditions and restrictions on permit

(1)The CEO 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.

[Regulation 31 amended: Gazette 19 Jun 2015 p. 2100.]

32.Clerical amendment of permit

(1)The CEO 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 CEO.

[Regulation 32 amended: Gazette 19 Jun 2015 p. 2100.]

33.CEO may revoke or suspend permit

(1)The CEO may revoke or suspend a permit.

(2)The grounds for revocation or suspension of a permit are that —

(a)the CEO 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.

[Regulation 33 amended: Gazette 19 Jun 2015 p. 2100-1.]

34.Revoking or suspending permit, procedure for

(1)Before revoking or suspending a permit the CEO 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 CEO 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 CEO may take the proposed action —

(a)at any time after the holder of the permit gives the CEO 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 CEO must consider any representations properly made by the holder of the permit.

(6)The CEO must give the holder of the permit written notice of any revocation or suspension of the permit.

[Regulation 34 amended: Gazette 19 Jun 2015 p. 2100-1.]

35.Immediate suspension of permit

(1)This regulation applies, despite regulation 34 and whether or not action has been commenced under that regulation, if the CEO 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 CEO 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 CEO informs the holder of the CEO’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 CEO about the suspension.

(4)The CEO must consider any written representations made to the CEO by the holder about the suspension.

(5)The CEO may revoke the suspension at any time, whether or not in response to any written representations made to the CEO by the holder.

[Regulation 35 amended: Gazette 19 Jun 2015 p. 2099 and 2100-1.]

36.Approval in force at 25 Sep 2007, saving for

Any approval of the Trust given under the Swan River Trust Regulations 1989 2 and of effect immediately prior to the coming into operation of these regulations has effect as if it were a permit under these regulations.

Part 5  Infringement notices

37.Offences prescribed (Act s. 123)

The offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 123.

[Regulation 37 amended: Gazette 28 Aug 2012 p. 4138.]

38.Modified penalties prescribed (Act s. 123)

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, form of prescribed (Act s. 123(3))

Schedule 2 Form 3 is prescribed for the purposes of section 123(3)(a).

[Regulation 39 amended: Gazette 28 Aug 2012 p. 4139.]

40.Withdrawal of infringement notice, form of prescribed (Act s. 123(7))

Schedule 2 Form 4 is prescribed for the purposes of section 123(7).

[Regulation 40 amended: Gazette 28 Aug 2012 p. 4139.]

Part 6  Other matters

41.Continuing offence, penalty for

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: Gazette 28 Aug 2012 p. 4139.]

43.Sch. 5 authority proposing to act in conflict with Act, procedure in case of

(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 CEO 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.

[Regulation 43 amended: Gazette 19 Jun 2015 p. 2099.]

44.River reserve leases (Act s. 29), renewal and sublease of

(1)The CEO 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 CEO 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: Gazette 28 Aug 2012 p. 4139; 19 Jun 2015 p. 2100-1.]

45.Act Schedule 2 amended

(1)Under section 13(1), this regulation amends Schedule 2 to the Act.

(2)Delete “47465.” and insert:

 

47465 Version 6.

 

[Regulation 45 inserted: Gazette 4 Mar 2016 p. 625.]

46.Act Schedule 3 amended

(1)Under section 13(1), this regulation amends Schedule 3 to the Act.

(2)Delete “47465.” and insert:

 

47465 Version 6.

 

[Regulation 46 inserted: Gazette 4 Mar 2016 p. 626.]

47.Act Schedule 4 amended

(1)Under section 13(1), this regulation amends Schedule 4 to the Act.

(2)In relation to Reserve 48325 delete “Lot 351 on Deposited Plan 59844,” and insert:

 

Lot 504 on Deposited Plan 408106,

 

(3)In relation to Reserve 48325 delete “Lot 301 on Deposited Plan 47451, Lots 302 & 303 on Deposited Plan 47452,” and insert:

 

Lot 301 on Deposited Plan 47451 (excluding the land in Lot 500 on Deposited Plan 416700), Lots 302 & 303 on Deposited Plan 47452 (excluding the land in Lot 500 on Deposited Plan 416700),

 

[Regulation 47 inserted: Gazette 4 Mar 2016 p. 626; amended: SL 2020/186 r. 4.]

 

Schedule 1  Prescribed offences and modified penalties

[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)
or (3)

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 Department courtesy mooring for period that is longer than authorised

$200

r. 24(3)

Securing long or commercial vessel to Department 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: Gazette 28 Aug 2012 p. 4139-40; 19 Jun 2015 p. 2099.]

 

Schedule 2  Forms

[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 Chief Executive Officer 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.

 

Name of Applicant

 

Name of Company (if applicable)

 

Contact person

 

Postal address

 

Town/Suburb

 

State

 

Postcode

 

Telephone

Work

 

Home

 

Mobile

 

Facsimile

 

Email

 

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.

 

Details of 1st landowner

Full name

 

Company/agency (if applicable)

 

Position & ACN/ABN (if applicable)

Position

 

ACN/ABN No.

 

Postal address

 

Town/Suburb

 

State

 

Postcode

 

 

Details of 2nd landowner (if applicable)

Full name

 

Company/agency (if applicable)

 

Position & ACN/ABN (if applicable)

Position

 

ACN/ABN No.

 

Postal address

 

Town/Suburb

 

State

 

Postcode

 

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

 

Company/agency (if applicable)

 

Position in company/agency
(if applicable)

 

ACN/ABN (if applicable) /Telephone

ACN/ABN:

Work

 

Mobile

 

Postal address

 

Town/Suburb

 

State

 

Postcode

 

4.Certificate(s) of title information

 

Certificate of Title

Volume

 

Folio

 

Diagram/Plan/
Deposit Plan No.

 

Lot No. and location of subject lot

Lot No. (whole/part)

 

Location

 

Reserve No.
(if applicable)

 

Street No. and name

 

Town/Suburb

 

Nearest road intersection

 

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 Licence Application Guidelines on how to apply for a River reserve licence.

 

Does the proposed development involve an activity in
the River reserve that will require a River reserve licence?

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 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 1 amended: Gazette 19 Jun 2015 p. 2099.]

Form 2

Swan and Canning Rivers Management Act 2006

Section 89(4)

CLAIM FOR COMPENSATION FOR INJURIOUS AFFECTION

 

I, BEING:

 

Name

 

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 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

 

[Form 2 amended: Gazette 19 Jun 2015 p. 2100.]

Form 3

Swan and Canning Rivers Management Act 2006

Infringement notice

Infringement
Notice No.

Alleged offender

Name:Family name

Given names

orCompany name ____________________________________

ACN

Address: ________________________________________________

Postcode

Alleged offence

Description of offence:


Swan and Canning Rivers Management Regulations 2007

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 “Chief Executive Officer, Department of Parks and Wildlife”) to:

Department of Parks and Wildlife

C/‑ The Accountant

GPO Box K822

PERTH WA 6842

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, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.

 

If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Chief Executive Officer, Department of Parks and Wildlife 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 Chief Executive Officer, Department of Parks and Wildlife at the above postal address within 28 days after the date of this notice.

[Form 3 amended: Gazette 20 Aug 2013 p. 3858; 19 Jun 2015 p. 2100; SL 2020/166 r. 10.]

Form 4


Swan and Canning Rivers Management Act 2006

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
whichever

is not applicable]

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:

Department of Parks and Wildlife

C/‑ The Accountant

GPO Box K822

PERTH WA 6842

 

Signature//20

[Form 4 amended: Gazette 19 Jun 2015 p. 2100.]

dline

 

Notes

This is a compilation of the Swan and Canning Rivers Management Regulations 2007 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Citation

Published

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));
Regulations other than r. 1 and 2: 29 Aug 2012 (see r. 2(b))

Reprint 1: The Swan and Canning Rivers Management Regulations 2007 as at 23 Nov 2012 (includes amendments listed above)

Swan and Canning Rivers Management Amendment Regulations 2013

20 Aug 2013 p. 3857-8

r. 1 and 2: 20 Aug 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and
Gazette 20 Aug 2013 p. 3815)

Swan and Canning Rivers Management Amendment Regulations 2014

27 Jun 2014 p. 2327-8

r. 1 and 2: 27 Jun 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 28 Jun 2014 (see r. 2(b))

Swan and Canning Rivers Management Amendment Regulations 2015

19 Jun 2015 p. 2097‑101

r. 1 and 2: 19 Jun 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))

Swan and Canning Rivers Management Amendment Regulations 2016

4 Mar 2016 p. 625‑6

r. 1 and 2: 4 Mar 2016 (see r. 2(a));
Regulations other than r. 1 and 2: 5 Mar 2016 (see r. 2(b))

Environment Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 5

SL 2020/166 25 Sep 2020

29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))

Swan and Canning Rivers Management Amendment Regulations 2020

SL 2020/186 29 Sep 2020

r. 1 and 2: 29 Sep 2020 (see r. 2(a));
Regulations other than r. 1 and 2: 30 Sep 2020 (see r. 2(b))

Uncommenced provisions table

To view the text of the uncommenced provisions see Subsidiary legislation as made on the WA Legislation website.

Citation

Published

Commencement

Swan and Canning Rivers Management Amendment Regulations 2021 r. 3 and 4

SL 2021/131 16 Jul 2021

1 Aug 2021 (see r. 2(b) and SL 2021/124 cl. 2)

Other notes

1Repealed by the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006.

2The regulation in these regulations repealing the Swan River Trust Regulations 1989 was omitted under the Reprints Act 1984 s. 7(4)(f).

 

 

Defined terms

 

[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)

aircraft16A(1)

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)