{"id":"swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006","name":"Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006","slug":"swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110494,"registerId":"wa-swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006","content":"![Crest]()Western Australia\n\nSwan and Canning Rivers (Consequential and Transitional Provisions) Act 2006\n\nWestern Australia\n\nSwan and Canning Rivers (Consequential and Transitional Provisions) Act 2006\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Interpretation 2\n\nPart 2 — *Swan River Trust Act 1988* repealed and consequential amendments\n\n4. *Swan River Trust Act 1988* repealed 3\n\n5. *Environmental Protection (Swan and Canning Rivers) Policy 1997* approval revoked 3\n\n6. Acts in Schedule 1: consequential amendments 3\n\n7. Power to amend regulations 3\n\nPart 3 — Transitional and saving provisions\n\n8. Application of *Interpretation Act 1984* 5\n\n9. Transitional regulations 5\n\n10. Construction of references in written laws 6\n\n11. Trust continues 7\n\n12. Membership of the Trust 7\n\n13. Certain leases have effect as if entered into by Swan River Trust 7\n\n14. Subsidiary legislation 8\n\nPart 4 — Amendments to Metropolitan Region Scheme\n\n15. Metropolitan Region Scheme amended 9\n\n16. Effect of amendments 9\n\n17. Clause 3 amended 9\n\n18. Clause 10A amended 9\n\n19. Clause 24 amended 10\n\n20. Clause 29 amended 10\n\n21. Clause 30A replaced 10\n\n30A. 10\n\n22. Clause 32A amended 13\n\nSchedule 1 — Consequential amendments\n\n1. *Conservation and Land Management Act 1984* amended 14\n\n2. *East Perth Redevelopment Act 1991* amended 15\n\n3. *Jetties Act 1926* amended 15\n\n4. *Land Administration Act 1997* amended 15\n\n5. *Marine and Harbours Act 1981* amended 16\n\n6. *Planning and Development Act 2005* amended 16\n\n7. *Swan Valley Planning Act 1995* amended 18\n\n8. *Waterways Conservation Act 1976* amended 18\n\nNotes\n\nCompilation table 21\n\nDefined terms\n\n  \n\nWestern Australia\n\nSwan and Canning Rivers (Consequential and Transitional Provisions) Act 2006\n\nAn Act —\n\n- to repeal the *Swan River Trust Act 1988*;\n- to amend the Metropolitan Region Scheme;\n- to amend certain other written laws; and\n- for purposes relating to that repeal and those amendments and to the enactment of the *Swan and Canning Rivers Management Act 2006.*\n\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006*.\n\n##### 2. Commencement\n\n(1) This Act comes into operation on a day to be fixed by proclamation.\n\n(2) Different days may be fixed under subsection (1) for different provisions.\n\n##### 3. Interpretation\n\nIn this Act —\n\n  commencement day means the day on which section 4 comes into operation;\n\n  Metropolitan Region Scheme has the same meaning as it has in the *Planning and Development Act 2005*.\n\n## Part 2 — *Swan River Trust Act 1988* repealed and consequential amendments\n\n##### 4. *Swan River Trust Act 1988* repealed\n\nThe *Swan River Trust Act 1988* is repealed.\n\n##### 5. *Environmental Protection (Swan and Canning Rivers) Policy 1997* approval revoked\n\nOn the commencement day —\n\n(a) the approval given under the *Environmental Protection Act 1986* section 31(d) to the draft *Environmental Protection (Swan and Canning Rivers) Policy 1997* is revoked; and\n\n(b) despite the *Environmental Protection Act 1986* section 33(1), the *Environmental Protection (Swan and Canning Rivers) Policy 1997* ceases to have the force of law.\n\n##### 6. Acts in Schedule 1: consequential amendments\n\nThe Acts mentioned in Schedule 1 are amended as set out in that Schedule.\n\n##### 7. Power to amend regulations\n\n(1) The Governor, on the recommendation of the Minister, may make subsidiary legislation amending subsidiary legislation made under any Act.\n\n(2) The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is necessary or desirable as a consequence of the enactment of the *Swan and Canning Rivers Management Act 2006*.\n\n(3) Nothing in this section prevents subsidiary legislation from being amended in accordance with the Act under which it was made.\n\n## Part 3 — Transitional and saving provisions\n\n##### 8. Application of *Interpretation Act 1984*\n\n(1) The provisions of the *Interpretation Act 1984* (for example, sections 16(1), 36 and 38) about the repeal of written laws and the substitution of other written laws for those so repealed apply to the repeal of the *Swan River Trust Act 1988* as if that Act were repealed and re‑enacted by the *Swan and Canning Rivers Management Act 2006*.\n\n(2) The other provisions of this Act are additional to the provisions applied by subsection (1) and do not affect the operation of the provisions applied by subsection (1).\n\n##### 9. Transitional regulations\n\n(1) If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.\n\n(2) In subsection (1) —\n\n  transitional matter means a matter that needs to be dealt with for the purpose of —\n\n(a) effecting the transition from the provisions of the *Swan River Trust Act 1988* to the provisions of the *Swan and Canning Rivers Management Act 2006*; or\n\n(b) effecting the transition from the provisions of an Act amended by a provision of this Act (the amending provision) as in force before this Act comes into operation to the provisions of that Act as in force after the amending provision comes into operation.\n\n(3) Regulations made under subsection (1) may provide that specified provisions of the *Swan and Canning Rivers Management Act 2006* as in force on or after the commencement of that Act, or of subsidiary legislation made under that Act, or of an Act amended by this Act —\n\n(a) do not apply; or\n\n(b) apply with specified modifications,\n\nto or in relation to any matter.\n\n(4) If regulations under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than the commencement day, the regulations have effect according to their terms.\n\n(5) In subsections (3) and (4) —\n\n  specified means specified or described in the regulations.\n\n(6) If regulations contain a provision referred to in subsection (4), the provision does not operate so as —\n\n(a) to affect in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or\n\n(b) impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations.\n\n##### 10. Construction of references in written laws\n\n(1) Unless the context otherwise requires, a reference in a written law to an enactment repealed by section 4 includes a reference to the corresponding provision, if any, of the *Swan and Canning Rivers Management Act 2006*.\n\n(2) A reference in a written law to the management area of the Swan River Trust may, where the context so requires, be read as if it had been amended to include or be a reference to the development control area under the *Swan and Canning Rivers Management Act 2006*.\n\n##### 11. Trust continues\n\nThe Swan River Trust established under the *Swan and Canning Rivers Management Act 2006* is a continuation of and the same legal entity as the Swan River Trust established under the *Swan River Trust Act 1988*, with the same rights and obligations as that body.\n\n##### 12. Membership of the Trust\n\n(1) On the commencement day the members of the Swan River Trust established under the *Swan River Trust Act 1988* cease to hold office.\n\n(2) If in a written law or other document or instrument there is a reference to the chairman or a member of the Swan River Trust, that reference may, where the context so requires, be read as if it had been amended to be a reference to the chairman or a member of the board of the Swan River Trust established under the *Swan and Canning Rivers Management Act 2006*.\n\n##### 13. Certain leases have effect as if entered into by Swan River Trust\n\n(1) A lease of land in the River reserve within the meaning of the *Swan and Canning Rivers Management Act 2006* that —\n\n(a) was entered into under the *Marine and Harbours Act 1981* section 12; and\n\n(b) is in effect immediately before the commencement day,\n\nhas effect on and after that day as if it had been entered into by the Swan River Trust under the *Swan and Canning Rivers Management Act 2006* instead of the Minister under the *Marine and Harbours Act 1981* section 12.\n\n(2) The Registrar of Titles is to take notice of this provision and is empowered to record and register in the appropriate manner any necessary documents, and otherwise to give effect to this provision.\n\n(3) The operation of this provision and the *Swan and Canning Rivers Management Act 2006* section 11 is not to be regarded —\n\n(a) as a breach of contract or confidence or otherwise as a civil wrong;\n\n(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of property, rights or liabilities or the disclosure of information;\n\n(c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any property, right or liability;\n\n(d) as causing any contract or other instrument to be void or otherwise unenforceable; or\n\n(e) as releasing or allowing the release of any surety.\n\n##### 14. Subsidiary legislation\n\nRegulations made under the *Swan River Trust Act 1988* continue in force as if they were made under the *Swan and Canning Rivers Management Act 2006* and may be amended or repealed accordingly.\n\n## Part 4 — Amendments to Metropolitan Region Scheme\n\n##### 15. Metropolitan Region Scheme amended\n\nThe amendments in this Part are to the Metropolitan Region Scheme.\n\n##### 16. Effect of amendments\n\n(1) The amendments to the Metropolitan Region Scheme effected by this Part have effect as though the provisions were enacted under the *Planning and Development Act 2006*.\n\n(2) Nothing in this Part affects the operation of the *Planning and Development Act 2006* with respect to amendments to the Metropolitan Region Scheme as amended by this Act.\n\n##### 17. Clause 3 amended\n\nClause 3 is amended as follows:\n\n(a) in the definition of “Scheme Act” by deleting the full stop and inserting instead a semicolon;\n\n(b) by inserting after the definition of “Scheme Act” the following definition —\n\n“\n\n  Swan development control area has the meaning given to “development control area” in the *Swan and Canning Rivers Management Act 2006*.\n\n”.\n\n##### 18. Clause 10A amended\n\nClause 10A is amended by deleting “*Swan River Trust Act 1988*” and inserting instead —\n\n“ *Swan and Canning Rivers Management Act 2006* ”.\n\n##### 19. Clause 24 amended\n\nClause 24(2)(b)(i) and “or” after it are deleted and the following is inserted instead —\n\n“\n\n(i) the erection on a lot of a single dwelling house which will be the only building on the lot, no part of which lot is within the Swan development control area or abuts any part of the Swan development control area; or\n\n”.\n\n##### 20. Clause 29 amended\n\nClause 29(1)(a) is amended as follows:\n\n(a) in subparagraph (ii) by deleting “management area within the meaning of the *Swan River Trust Act 1988*” and inserting instead —\n\n“ Swan development control area ”;\n\n(b) in subparagraph (iii) by deleting “that management area” and inserting instead —\n\n“ any part of the Swan development control area ”.\n\n##### 21. Clause 30A replaced\n\nClause 30A is repealed and the following clause is inserted instead —\n\n“\n\n30A.\n\n(1) In this clause —\n\n  Minister for Planning means the Minister to whom the administration of the *Planning and Development Act 2006* is committed;\n\n  SCRM Minister means the Minister to whom the administration of the *Swan and Canning Rivers Management Act 2006* is committed;\n\n  Trust means the Swan River Trust established by the *Swan and Canning Rivers Management Act 2006* section 16.\n\n(2) Without limiting clause 30, if an application for approval relates to —\n\n(a) a development on land comprised in a lot —\n\n(i) any part of which is within the Swan development control area; or\n\n(ii) that is not in the Swan development control area but abuts waters that are in the Swan development control area;\n\nor\n\n(b) a development —\n\n(i) of land that abuts the Swan development control area; or\n\n(ii) that in the opinion of the Commission is likely to affect waters in the Swan development control area,\n\nother than a development to which paragraph (a) applies,\n\nthen, unless subclause (9) applies, the Commission is to give full particulars of the application to the Trust.\n\n(3) The Trust, within 42 days after the day on which it receives particulars of the application or within such longer period as the Commission allows, is to give to the Commission its advice in writing on how the application should be determined, including any conditions to which any approval should be made subject.\n\n(4) If the Trust fails to give its advice within the time allowed under subclause (3), it is taken to have no advice to give on the application.\n\n(5) Subject to any direction under subclause (7), the Commission is to determine an application referred to in subclause (2)(a) in a manner that is consistent with the advice of the Trust on the application.\n\n(6) The Commission is to have regard to the advice of the Trust when determining an application referred to in subclause (2)(b) but is not required to make a determination that is consistent with that advice.\n\n(7) If the Commission does not agree with part or all of the advice of the Swan River Trust on an application referred to in subclause (2)(a) —\n\n(a) the matter on which there is not agreement is to be resolved in the manner determined by the SCRM Minister and the Minister for Planning;\n\n(b) the Minister for Planning is to direct the Commission accordingly; and\n\n(c) the Commission is to determine the application in accordance with the direction.\n\n(8) Nothing in subclause (7) is to be read as limiting the *Planning and Development Act 2005* section 17.\n\n(9) The Trust may determine that any particular class or description of application need not be referred to it for advice under this clause and is to notify the Commission of any such determination.\n\n”.\n\n##### 22. Clause 32A amended\n\nClause 32A is amended by deleting “land or waters in the management area of the Swan River Trust within the meaning of the *Swan River Trust Act 1988*.” and inserting instead —\n\n“\n\nland comprised in a lot that is wholly, or waters that are, within the Swan development control area.\n\n”.\n\nSchedule 1 — Consequential amendments\n\n[s. 6]\n\n1. *Conservation and Land Management Act 1984* amended\n\n(1) The amendments in this clause are to the *Conservation and Land Management Act 1984**.\n\n[* *Reprint 5 as at 24 September 2004.*\n\n *For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1,* *p. 77.*]\n\n(2) Section 13(3a) is amended by deleting “*Swan River Trust Act 1988* before any waters that are in the management area” and inserting instead —\n\n“\n\n\t\t*Swan and Canning Rivers Management Act 2006* before any waters that are in the development control area or the Riverpark\n\n”.\n\n(3) Section 17(4a) is amended by deleting “management area of the Swan River Trust within the meaning of the *Swan River Trust Act 1988* ” and inserting instead —\n\n“\n\ndevelopment control area or the Riverpark as defined in the *Swan and Canning Rivers Management Act 2006*\n\n”.\n\n(4) Section 99(1)(ac) is deleted and the following paragraph is inserted instead —\n\n“\n\n(ac) in the case of land that is in the development control area or the Riverpark as defined in the *Swan and Canning Rivers Management Act 2006*, after consultation with the Swan River Trust;\n\n”.\n\n2. *East Perth Redevelopment Act 1991* amended\n\n(1) The amendments in this clause are to the *East Perth Redevelopment Act 1991***.*\n\n[* *Reprint 2 as at 20 May 2005.*\n\n *For subsequent amendments see Gazette 12 July 2005 p. 3235‑6 and 19 August 2005* *p 3865‑6.*]\n\n(2) Section 24(2)(d) is deleted and the following paragraph is inserted instead —\n\n“\n\n(d) the Swan River Trust established by the *Swan and Canning Rivers Management Act 2006*;\n\n”.\n\n3. *Jetties Act 1926* amended\n\n(1) The amendments in this clause are to the *Jetties Act 1926***.*\n\n[* *Reprint 2 as at 4 February 2000.*\n\n *For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1,* *p. 228.]*\n\n(2) Section 7(3) is amended by deleting “section 50 of the *Swan River Trust Act 1988*” and inserting instead —\n\n“\n\nthe *Swan and Canning Rivers Management Act 2006* section 70\n\n”.\n\n4. *Land Administration Act 1997* amended\n\n(1) The amendments in this clause are to the *Land Administration Act 1997***.*\n\n[* *Reprint 2 as at 24 June 2005.*]\n\n(2) Section 45(6) is amended by deleting “management area of the Swan River Trust within the meaning of the *Swan River Trust Act 1988*,” and inserting instead —\n\n“\n\ndevelopment control area or Riverpark as defined in the *Swan and Canning Rivers Management Act 2006*,\n\n”.\n\n5. *Marine and Harbours Act 1981* amended\n\n(1) The amendments in this clause are to the *Marine and Harbours Act 1981**.\n\n[* *Reprint 2 as at 14 May 2004.*\n\n *For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1,* *p. 272.*]\n\n(2) Section 12(3) is amended by deleting “section 50 of the *Swan River Trust Act 1988*” and inserting instead —\n\n“\n\nsection 70 of the *Swan and Canning Rivers Management Act 2006*\n\n”.\n\n6. *Planning and Development Act 2005* amended\n\n(1) The amendments in this clause are to the *Planning and Development Act 2005**.\n\n[* *Act No. 37 of 2005.*]\n\n(2) Section 36(a) is deleted and the following paragraph is inserted instead —\n\n“\n\n(a) in a manner that is contrary to or inconsistent with —\n\n(i) the *Swan and Canning Rivers Management Act 2006* Part 5;\n\n(ii) any amendment made to the Metropolitan Region Scheme by the *Acts Amendment (Swan River Trust) Act 1988* section 14, 15 or 17; or\n\n(iii) any amendment made to the Metropolitan Region Scheme by the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006* section 21;\n\n”.\n\n(3) Section 80 is amended as follows:\n\n(a) by deleting “management programme in force under Part 3 of the *Swan River Trust Act 1988*” and inserting instead —\n\n“\n\nstrategic document in force under the *Swan and Canning Rivers Management Act 2005* Part 4\n\n”;\n\n(b) by deleting “Schedule 2” and inserting instead —\n\n“ Schedule 7 ”.\n\n(4) Section 112(2) is amended by deleting “management area of the Swan River Trust as defined in the *Swan River Trust Act 1988*.” and inserting instead —\n\n“\n\ndevelopment control area as defined in the *Swan and Canning Rivers Management Act 2006*.\n\n”.\n\n(5) Section 241(1)(b) is deleted and the following paragraph is inserted instead —\n\n“\n\n(b) any management programme for the development control area in force under the *Swan and Canning Rivers Management Act 2006* Part 4 that may affect the subject matter of the application.\n\n”.\n\n(6) Section 245(5)(a) is amended by deleting “management area as defined in the *Swan River Trust Act 1988*,” and inserting instead —\n\n“\n\ndevelopment control area as defined in the *Swan and Canning Rivers Management Act 2006*,\n\n”.\n\n7. *Swan Valley Planning Act 1995* amended\n\n(1) The amendments in this clause are to the *Swan Valley Planning Act 1995***.*\n\n[* *Reprint 1 as at 12 September 2003*.]\n\n(2) Section 13(1)(b) is amended by deleting “section 53(2) of the *Swan River Trust* *Act 1988*;” and inserting instead —\n\n“\n\nsection 73(2) of the *Swan and Canning Rivers Management Act 2006*;\n\n”.\n\n8. *Waterways Conservation Act 1976* amended\n\n(1) The amendments in this clause are to the *Waterways Conservation Act 1976***.*\n\n[* *Reprinted as at 20 September 2002.*\n\n *For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1,* *p. 487‑8.*]\n\n(2) Section 3(1) is amended by inserting in the appropriate alphabetical positions —\n\n“\n\n  development control area has the meaning given by the *Swan and Canning Rivers Management Act 2006*;\n\n  Riverpark has the meaning given by the *Swan and Canning Rivers Management Act 2006*;\n\n”.\n\n(3) Section 9(1a) is repealed and the following subsection is inserted instead —\n\n“\n\n(1a) This Act does not apply in respect of the development control area or the Riverpark.\n\n”.\n\n(4) Section 10(6) is repealed and the following subsection is inserted instead —\n\n“\n\n(6) This section does not apply in respect of the development control area or the Riverpark.\n\n”.\n\n(5) Section 56(1a) is repealed and the following subsection is inserted instead —\n\n“\n\n(1a) Local laws must not be made under this section to have effect in the development control area or the Riverpark.\n\n”.\n\n(6) Section 61(2) is repealed and the following subsection is inserted instead —\n\n“\n\n(2) The CEO may appoint any person to be an inspector under this Act in relation to any portion of the State other than the development control area or the Riverpark, but an appointment must not be made in relation to a management area without prior consultation with the Management Authority for that area.\n\n”.\n\n(7) Section 62(2) is repealed and the following subsection is inserted instead —\n\n“\n\n(2) The CEO may appoint any person to be an honorary inspector under this Act in relation to any portion of the State other than the development control area or the Riverpark, but an appointment must not be made in relation to a management area without prior consultation with the Management Authority for that area.\n\n”.\n\nNotes\n\n1 This is a compilation of the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006* | 52 of 2006 | 6 Oct 2006 | s. 1 and 2: 6 Oct 2006   Act other than s.1 and 2: 25 Sep 2007 (see s. 2 and *Gazette* 25 Sep 2007 p. 4835) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\namending provision 9(2)\n\ncommencement day 3\n\ndevelopment control area Sch. 1 cl. 8(2)\n\nMetropolitan Region Scheme 3\n\nRiverpark Sch. 1 cl. 8(2)\n\nspecified 9(5)\n\nSwan development control area 17\n\ntransitional matter 9(2)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from the Swan River Trust Act 1988 to the Swan and Canning Rivers Management Act 2006. While it touches multiple statutes, this is purely consequential—updating cross-references rather than expanding substantive powers. The scope is exactly what the long title describes: repeal, amendment, and transitional provisions."},"complexity_factors":["Extensive cross-referencing: Updates references across 8 separate Acts plus the Metropolitan Region Scheme","Transitional provisions with conditional logic: Section 9 allows regulations to modify how the new Act applies retrospectively, with protections against prejudicing private rights (subsection 6)","Nested definitions: Terms like 'commencement day' and 'transitional matter' are defined, then used in conditional provisions","Dual ministerial roles: Clause 30A introduces complex decision-making between the Planning Minister and the Swan and Canning Rivers Management Minister with dispute resolution mechanisms","Legal continuity provisions: Section 11 creates a 'same legal entity' continuation, while sections 13-14 deal with lease transfers and subsidiary legislation preservation","Geographic scope changes: Shifts terminology from 'management area' to 'development control area' and 'Riverpark' across multiple statutes"],"plain_english_summary":"**What this legislation does**\n\nThis Act is a 'clean-up' law that supports the introduction of the *Swan and Canning Rivers Management Act 2006*. It does three main things:\n\n1. **Repeals the old law**: It scraps the *Swan River Trust Act 1988* and revokes the old environmental policy for the rivers.\n\n2. **Updates other laws**: It amends eight other Acts (including planning, conservation, and marine laws) to replace references to the old Act with references to the new one. Think of it like updating all your contacts when someone changes their phone number.\n\n3. **Manages the transition**: It ensures continuity so that:\n   - The Swan River Trust keeps operating as the same legal entity under the new law\n   - Existing leases and regulations remain valid\n   - References to the old law in documents are treated as references to the new law\n   - Development applications near the rivers get properly assessed by the Trust\n\n**Who it affects**\n\n- **Property owners and developers** near the Swan and Canning Rivers, as planning rules change\n- **Government agencies** that manage land, water, and planning in the Perth metropolitan area\n- **The Swan River Trust** itself, which continues operating under new legislation\n\n**Why it matters**\n\nWithout this Act, repealing the old Swan River Trust Act would create legal chaos—leases would become uncertain, planning approvals would be unclear, and references in dozens of laws would point to non-existent legislation. This Act provides the 'bridge' to ensure smooth legal continuity while the new management regime takes effect."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information to assess whether the scope changed from original intent — the full legislative text was unavailable. Consequential and transitional acts of this nature typically remain closely aligned with their original purpose of supporting a primary Act's commencement, making significant scope drift uncommon."},"complexity_factors":["Legislation text was entirely unavailable — no content could be directly analysed","Consequential and transitional acts are typically technical but not substantively complex on their own","Complexity depends heavily on how many other Acts were amended and how many transitional arrangements were needed","Cross-references to the primary Swan and Canning Rivers Management Act 2006 would be required to understand full effect","Transitional provisions can create time-limited legal states that are confusing without knowing the original legislative context"],"plain_english_summary":"This short Western Australian Act handled the legal housekeeping when new Swan and Canning Rivers rules were introduced in 2006: it adjusted other laws and bridged old and new regimes so existing licences, approvals and responsibilities didn’t lapse. It primarily affected landowners, businesses, river users and government bodies with pre‑2006 rights or obligations. Consult the Parliamentary Counsel or a lawyer for the exact provisions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act changes the statutory framework by repealing the Swan River Trust Act 1988 and substituting functions, areas and references to the Swan and Canning Rivers Management Act 2006 (s 4; s 10). It revokes the earlier environmental policy (s 5), redefines the former management area into a \"development control area\" and \"Riverpark\" (see Sch 1 cl 8(2); cl 17), preserves the Trust as the same legal entity while ending previous appointments (s 11; s 12(1)), transfers certain leases to the Trust (s 13), and amends the Metropolitan Region Scheme and many Acts to align planning, referral and enforcement responsibilities with the new regime (Part 4; Sch 1)."},"complexity_factors":["Wide cross-references and replacements: repeals one Act and maps many references to corresponding provisions in the new Act (s 4; s 10(1)).","Revocation and removal of statutory policy: the Environmental Protection (Swan and Canning Rivers) Policy 1997 is revoked and ceases to have force (s 5).","Transitional regulation powers with retrospective effect: regulations may prescribe matters and backdate certain states of affairs (s 9(1), (3), (4)); protections for existing private rights limit retrospective burdens (s 9(6)).","Legal continuity of the Trust with personnel change: Trust remains the same legal entity but prior members cease office on commencement (s 11; s 12(1)).","Automatic transfer of leases and registration duties: certain Marine and Harbours Act leases take effect as if entered into by the Trust; Registrar of Titles must give effect (s 13(1)–(2)); clause preserving contractual rights (s 13(3)).","Power to amend subsidiary legislation: Governor may amend subsidiary legislation on Ministerial recommendation tied to the new Act (s 7(1)–(2)), creating administrative discretion.","Detailed planning regime adjustments: Metropolitan Region Scheme clauses replaced/updated and a new referral/decision framework between Commission and Trust (clause 30A replacement, ss 15–22), altering which referrals are mandatory and when Trust advice is binding.","Numerous consequential amendments across statutes: Schedule 1 alters multiple Acts (Planning and Development Act 2005, Marine and Harbours Act 1981, Waterways Conservation Act 1976, etc.), creating interlocking changes that require coordinated implementation (Sch 1)."],"plain_english_summary":"This Act repeals the Swan River Trust Act 1988 and provides the transitional and consequential machinery required to bring the Swan and Canning Rivers Management Act 2006 into effect. It revokes a prior environmental policy, keeps the Trust as the same legal entity under the new Act, transfers existing leases and regulatory instruments, and amends the Metropolitan Region Scheme and several other Acts.\n\nThe changes affect the Trust, developers and leaseholders in the Swan development control area and Riverpark, planning authorities and State agencies: developers and leaseholders face altered referral and registration requirements, while Ministers, the Commission and the Trust gain defined consultative and decision roles."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006","history":"/api/acts/swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006/history","analysis":"/api/acts/swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006/analysis","conflicts":"/api/acts/swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006/conflicts","importantCases":"/api/acts/swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006/important-cases","documents":"/api/acts/swan-and-canning-rivers-consequential-and-transitional-provisions-act-2006/documents"}}