Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used in this Act
4. Crown bound
5. Objectives and principles
6. Relationship to other Acts
7. Native title rights and interests
PART 2 -- Land and waters to which this Act applies
8. Catchment area
9. Swan Canning Riverpark
10. Development control area
11. River reserve vested in Trust
12. Responsibility for Riverpark shoreline
13. Amendment of boundaries
14. Proof of boundaries
15. Question as to boundary
PART 3 -- Swan River Trust
Division 1 -- Establishment and management
16. Trust established
17. Status
18. Management
19. Membership of board
20. Constitution and proceedings
21. Remuneration and allowances of members
22. Nominees
Division 2 -- Functions and powers
23. Functions of Trust
24. Powers
25. Consultation and matters to be considered
26. Consultation with local governments and redevelopment authorities
27. Collaborative arrangements
28. Agreements as to private land
29. Leasing parts of the River reserve
30. Failure to comply with terms or conditions of lease
31. Forfeiture of lease
32. Licences affecting the River reserve
33. Delegation by Trust
34. Minister may give directions
35. Minister to have access to information
36. Committees
Division 3 -- Staff and facilities
37. General Manager and staff
38. Use of government staff and facilities
Division 4 -- Inspectors
39. Inspectors
40. Identity cards
41. Trust’s funds
42. Swan River Trust Account
43. Temporary investment of moneys
44. Application of Financial Administration and Audit Act 1985
45. Power to borrow from Treasurer
46. Execution of documents
PART 4 -- Targets and strategic documents
Division 1 -- Ecological and community benefit and amenity targets
47. Regulations may prescribe targets
48. Consultation
49. Draft regulations to be publicly notified
50. Public submissions
Division 2 -- Strategic documents
51. River protection strategy
52. Former EPP management plan to have effect as guidelines
53. Management programmes: contents
54. Strategic document may adopt codes or legislation
55. Minister may approve documents that are not prepared by Trust
Division 3 -- Preparation, approval and revision of river protection strategy and management programmes
56. Trust to prepare draft documents
57. Consultation
58. Document to be publicly notified
59. Public submissions
60. Document to be referred to certain bodies
61. Consultation with relevant Minister
62. Approval of Minister
63. Notice of approval
64. Review and revision of documents
Division 4 -- Compliance with strategic documents
65. Compliance with strategic documents
66. Trust to monitor and report on compliance
PART 5 -- Development in development control area
67. Definitions
68. Use of land and waters owned or vested in public authority
69. Developments to which this Part applies
70. Development to be approved
71. Certain reclamations to be authorised by Parliament
72. Applications for approval
73. Consultation with other authorities
74. Public notice
75. Draft report by Trust
76. Report to Minister
77. Steps to be taken by Minister
78. Review committee
79. Consideration and report by committee
80. Minister’s decision
81. Financial assurance condition
82. Request for reconsideration of condition
83. Correction of approval
84. Variation or extension of approval
85. Power of approval may be conferred on Trust
86. Trust must report decision to Minister
87. Minister may revoke decision of Trust
88. False statements
89. Compensation
PART 6 -- River protection notices
90. General Manager may recommend issue of river protection notice
91. River protection notice
92. Service of notice
93. Person on whom notice is binding
94. Memorial may be lodged if river protection notice given
95. Duty of outgoing owner or occupier to notify Trust and successor in ownership or occupation
96. Notice of memorial to be given
97. River protection notice binding on new owners
98. Financial assurance requirement in river protection notice
99. Trust may amend or cancel river protection notice
100. Review
101. Person must comply with river protection notice
102. Action on non-compliance with requirement of river protection notice
103. Powers to ensure compliance with river protection notice
PART 7 -- Investigation and enforcement
Division 1 -- Preliminary
104. Meaning of terms used in this Part
Division 2 -- Investigative powers
105. Purposes for which investigation may be carried out
106. Inspector may ask for personal details
107. Entry and access powers of inspector
108. Obtaining records
109. Exercise of power may be recorded
110. Use of force and assistance
Division 3 -- Entry warrants
111. Applying for entry warrant
112. Applications, how they are to be made
113. Issuing an entry warrant
114. Effect of entry warrant
Division 4 -- Enforcement provisions
115. Obstruction or impersonation of inspector
116. Power to direct cessation or removal of development contrary to this Act
117. Removal of property that is abandoned
118. Claim on or realising of financial assurance
PART 8 -- Legal proceedings
Division 1 -- General matters
119. Proceedings
120. Time for bringing prosecution
121. Liability of body corporate and of directors and managers of body corporate
Division 2 -- Infringement notices
122. Meaning of terms used in this Division
123. Infringement notices
Division 3 -- Offences under other Acts
124. Schedule 8 offences
125. Offences under other Acts -- power to prosecute
126. Alleged offences under other Acts -- power to issue infringement notice
PART 9 -- Swan and Canning Rivers Foundation
127. Swan and Canning Rivers Foundation established
128. Governing council
129. Functions
130. Powers
131. Financial arrangements
132. Rules
PART 10 -- General
133. Delegation by Minister
134. Duties and liabilities of persons performing functions under this Act
135. Protection from liability
136. Regulations
137. Review of Act
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[Assented to 6 October 2006]