Western Australian Numbered Acts Western Australian Numbered Acts (1) If the General
Manager believes on reasonable grounds that, to protect or enhance the
ecological and community benefits and amenity of the Riverpark —
(a)
action by an owner, or both an owner and an occupier, of land in the catchment
area is required; or
(b) an
owner, or both an owner and an occupier, of land in the catchment area should
refrain from action on that land,
the General Manager
may recommend to the Trust that a river protection notice be issued in
relation to that action.
(2) The recommendation
must be accompanied by a report setting out —
(a) the
reasons for the recommendation;
(b) the
action proposed to be required or restrained under the river protection
notice; and
(c) the
person or persons to whom it is proposed to give the notice.
(3) Before making a
recommendation to the Trust the General Manager must give each person to whom
it is proposed to give the river protection notice —
(a) a
draft of the report referred to in subsection (2); and
(b) a
reasonable opportunity to show cause in writing why the recommendation should
not be made.
(4) An opportunity is
not a reasonable opportunity for the purposes of subsection (3) unless
the person is informed in writing of the right to show cause under that
subsection not less than 42 days before the day on which the General
Manager makes the recommendation.