{"id":"swan-and-canning-rivers-management-regulations-2007","name":"Swan and Canning Rivers Management Regulations 2007","slug":"swan-and-canning-rivers-management-regulations-2007","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182148,"registerId":"wa-swan-and-canning-rivers-management-regulations-2007-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Swan and Canning Rivers Management Regulations 2007","content":"![Crest]()Western Australia\n\nSwan and Canning Rivers Management Act 2006\n\nSwan and Canning Rivers Management Regulations 2007\n\nWestern Australia\n\nSwan and Canning Rivers Management Regulations 2007\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Terms used 1\n\nPart 2 — Development and regulation of related works, acts and activities\n\nDivision 1 — Development\n\n4. Exclusions from development as defined in Act s. 3(1) 4\n\n5. Development that CEO may approve (Act. s. 85(1)) 5\n\n6. Form prescribed (Act s. 72) 6\n\n7. Form prescribed (Act s. 89(4)) 6\n\nDivision 2 — Regulation of works, acts and activities that are not “development”\n\n8. Application of this Division 6\n\n9. Signs, restrictions on exhibiting 7\n\n10. Repair and maintenance of existing structure, restrictions on 9\n\n11. Emergency works etc., restrictions on 10\n\n12. Erosion control, restrictions on 12\n\n13. Temporary structures, restrictions on placing etc. 12\n\n14A. Restrictions on works by leaseholders 13\n\n14. Restrictions on works by Schedule 5 authorities 13\n\n15. Fire hazard reduction, restrictions on 14\n\n16A. Restrictions on aircraft activity 14\n\n16B. Maintenance dredging, restrictions on 14\n\n16C. Scientific studies, restrictions on 15\n\nPart 3 — Protection of Riverpark and development control area\n\n16. Application of this Part 16\n\n17. Restrictions on commercial acts and activities 16\n\n18. Banks of waters, protection of 17\n\n19. River bed, restrictions on digging in 17\n\n20. Worms etc., restrictions on digging for etc. 18\n\n21. Vegetation, protection of 18\n\n22A. Vessels unattended, and moorings, on land, restrictions on 19\n\n22. Launching vessels from trailers, restrictions on 20\n\n23. Living on vessels, restrictions on 21\n\n25. Litter 21\n\n26. Spectator events in River reserve, holding etc. 22\n\nPart 4 — Permits\n\n27. Permit for emergency works etc. (r. 11), application for 23\n\n28. Permit under these regulations, application for 23\n\n29. Grant of permit 24\n\n30. Duration of permit 24\n\n31. Conditions and restrictions on permit 24\n\n32. Amendment of permit 25\n\n33. CEO may revoke or suspend permit 25\n\n34. Procedure to be followed before certain amendments, revocations and suspensions 27\n\n35. Interim suspension of permit while procedure under r. 34 is followed 28\n\n36. Approval in force at 25 Sep 2007, saving for 30\n\nPart 5 — Infringement notices\n\n37. Offences prescribed (Act s. 123) 31\n\n38. Modified penalties prescribed (Act s. 123) 31\n\n39. Infringement notice, form of prescribed (Act s. 123(3)) 31\n\n40. Withdrawal of infringement notice, form of prescribed (Act s. 123(7)) 31\n\nPart 6 — Other matters\n\n41. Continuing offence, penalty for 32\n\n42. Rate of interest prescribed (Act s. 103(4)) 32\n\n43. Sch. 5 authority proposing to act in conflict with Act, procedure in case of 32\n\n44. River reserve leases (Act s. 29), renewal and sublease of 33\n\n45. Act Schedule 2 amended 33\n\n46. Act Schedule 3 amended 34\n\n47. Act Schedule 4 amended 34\n\n48. Act Schedule 5 amended 35\n\n49. Act Schedule 7 amended 35\n\nSchedule 1 — Prescribed offences and modified penalties\n\nSchedule 2 — Forms\n\nNotes\n\nCompilation table 47\n\nOther notes 48\n\nDefined terms\n\n  \n\nSwan and Canning Rivers Management Act 2006\n\nSwan and Canning Rivers Management Regulations 2007\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Swan and Canning Rivers Management Regulations 2007*.\n\nNote:\n\nUnder 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.\n\n##### 2. Terms used\n\nIn these regulations, unless the contrary intention appears —\n\naircraft —\n\n(a) means a machine that can derive support in the atmosphere from buoyancy or the reactions of the air; but\n\n(b) does not include a hovercraft;\n\naircraft activity means all or any of the following —\n\n(a) the landing or touching down of an aircraft;\n\n(b) the take‑off of an aircraft;\n\n(c) the standing, parking, docking or mooring of an aircraft;\n\n(d) the embarkation of passengers onto or disembarkation of passengers from an aircraft;\n\n(e) the loading of freight onto or the unloading of freight from an aircraft;\n\n(f) the refuelling, servicing or repair of an aircraft;\n\n  commercial purpose means the purpose of sale or any other purpose that is directed to financial gain or reward;\n\n  commercial use means a use that is directed to financial gain or reward;\n\n  exhibit, in relation to a sign, includes —\n\n(a) erect, place, stick, paint, stencil or affix at, on or to any place or thing; or\n\n(b) display on a vehicle, vessel or inflatable object,\n\nso as to be visible to a person in a public place;\n\nformer clause 30A means the Metropolitan Region Scheme clause 30A as in force from time to time before 31 March 2025;\n\nleaseholder means a person who holds a lease for land within the Riverpark or development control area;\n\nmaintenance 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;\n\n  permit means a permit granted under regulation 29;\n\n  private property means freehold land other than land owned by a Schedule 5 authority;\n\n  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;\n\nsection means a section of the Act;\n\n  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;\n\nspectator event means an event held in the Riverpark or development control area, intended to attract spectators or participants or provide entertainment;\n\n  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;\n\nundertake, works, acts or activities, includes to cause the works, acts or activities to be undertaken;\n\n  vehicle means any thing used or capable of being used to transport people or things by air, road or rail;\n\n  vessel means any thing used or capable of being used to transport people or things by water.\n\n[Regulation 2 amended: Gazette 28 Aug 2012 p. 4132-3; SL 2023/14 r. 4; SL 2024/253 r. 4.]\n\n## Part 2 — Development and regulation of related works, acts and activities\n\n### Division 1 — Development\n\n[**3.** Deleted: Gazette 28 Aug 2012 p. 4133.]\n\n##### 4. Exclusions from development as defined in Act s. 3(1)\n\nThe following works, acts and activities do not constitute development for the purposes of the definition of that term in section 3(1) —\n\n(a) the exhibition of a sign, including a traffic control sign or device;\n\n(b) repairs to or maintenance of an existing structure which —\n\n(i) are not related to a material change in the use of any part of the structure; and\n\n(ii) do not alter the structure’s function or appearance;\n\n(c) the carrying out of work inside a building which is not related to a material change in the use of any part of the building and does not alter its external appearance;\n\n(d) works, acts and activities urgently required to avoid or mitigate danger to public safety or significant damage to property or the environment;\n\n(e) works, acts and activities undertaken —\n\n(i) by a Schedule 5 authority for the purpose of controlling erosion; or\n\n(ii) by any other person for the purpose of controlling erosion on private property that is contiguous with the River reserve;\n\n(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;\n\n(ga) works, acts and activities by leaseholders that are of a value less than $500 000;\n\n(g) works, acts and activities by Schedule 5 authorities that are not for commercial purposes or use and —\n\n(i) are carried out in accordance with a management programme; or\n\n(ii) are of a value of less than $5 000 000;\n\n(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;\n\n(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;\n\n(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;\n\n(ja) aircraft activities;\n\n(k) maintenance dredging in waters in the Riverpark or development control area;\n\n(l) scientific studies.\n\n[Regulation 4 amended: Gazette 28 Aug 2012 p. 4133; SL 2023/14 r. 5; SL 2024/35 r. 4.]\n\n##### 5. Development that CEO may approve (Act. s. 85(1))\n\nThe following works, acts and activities are prescribed for the purposes of section 85(1) —\n\n(a) works that are not for commercial use and are carried out on private property;\n\n(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.\n\n[Regulation 5 amended: Gazette 28 Aug 2012 p. 4133.]\n\n##### 6. Form prescribed (Act s. 72)\n\nSchedule 2 Form 1 is prescribed for the purposes of section 72.\n\n[Regulation 6 amended: Gazette 28 Aug 2012 p. 4134.]\n\n##### 7. Form prescribed (Act s. 89(4))\n\nSchedule 2 Form 2 is prescribed for the purposes of section 89(4).\n\n[Regulation 7 amended: Gazette 28 Aug 2012 p. 4134.]\n\n### Division 2 — Regulation of works, acts and activities that are not “development”\n\n##### 8. Application of this Division\n\nThis Division does not apply to —\n\n(a) anything done in accordance with an approval for the purposes of section 70; or\n\n(b) anything done in accordance with a determination of the Western Australian Planning Commission under the Metropolitan Region Scheme clause 45 or former clause 30A; or\n\n(c) anything done in accordance with a licence agreement; or\n\n(d) anything that may lawfully be done because of section 69(4).\n\n[Regulation 8 inserted: SL 2023/63 r. 4; amended: SL 2024/253 r. 5.]\n\n##### 9. Signs, restrictions on exhibiting\n\n(1) A person must not, unless the person has a permit to do so, exhibit a sign in the Riverpark or development control area.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to the following signs —\n\n(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 —\n\n(i) the approval was given prior to the coming into operation of these regulations; and\n\n(ii) the sign is not changed;\n\n(b) a sign exhibited by a Schedule 5 authority;\n\n(c) a sign exhibited in accordance with a requirement of a written law;\n\n(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;\n\n(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;\n\n(f) a sign within a building;\n\n(g) a sign providing a warning about security arrangements protecting premises or a facility;\n\n(h) a sign exhibited on a notice board approved by the CEO for that purpose;\n\n(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 —\n\n(i) a newspaper or magazine poster; or\n\n(ii) a sign exhibited on a shop window; or\n\n(iii) a sign exhibited on street furniture or a bus shelter or seat; or\n\n(iv) an election sign; or\n\n(v) a real estate or property disposal sign; or\n\n(vi) a community information sign; or\n\n(vii) a direction sign; or\n\n(viii) a name plate; or\n\n(ix) a portable A frame sign or sandwich board not exceeding 1 m2; or\n\n(x) a sign on a vehicle or vessel;\n\n(j) a sign exhibited —\n\n(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\n\n(ii) in accordance with the approval or permission of that Schedule 5 authority; and\n\n(iii) in the course of a spectator event;\n\n(k) a sign exhibited in the River reserve in accordance with a permit granted under regulation 26;\n\n(l) a sign exhibited on a vehicle or vessel that —\n\n(i) identifies the manufacturer or type of vehicle or vessel, or is the name of the vehicle or vessel; or\n\n(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\n\n(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\n\n(iv) is used for public transport or as a licensed taxi;\n\n(m) a sign exhibited on clothing or personal items worn or carried by an individual.\n\n(2A) In regulation 9(2)(i) —\n\nlocal planning scheme includes the Swan Valley Planning Scheme in force under the *Swan Valley Planning Act 2020*.\n\n(3) The CEO may transfer a permit granted for the purposes of this regulation from one person to another.\n\n(4) The CEO may —\n\n(a) remove any sign exhibited in contravention of this regulation; and\n\n(b) dispose of the sign so removed as the CEO thinks fit.\n\n(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.\n\n[Regulation 9 amended: Gazette 28 Aug 2012 p. 4134; 19 Jun 2015 p. 2097‑8 and 2100; SL 2021/131 r. 4; SL 2023/14 r. 12.]\n\n##### 10. Repair and maintenance of existing structure, restrictions on\n\n(1) In this regulation —\n\n  park means —\n\n(a) land reserved under the *Land Administration Act 1997* Part 4; or\n\n(b) a nature reserve or marine reserve as those terms are defined in the *Conservation and Land Management Act 1984*; or\n\n(c) land owned by a Schedule 5 authority;\n\n  repairs to or maintenance of a structure, means repairs or maintenance that, but for regulation 4(b), would constitute development.\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(3) This regulation does not apply to —\n\n(a) repairs to or maintenance of a structure that is wholly within private property; or\n\n(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\n\n(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\n\n(d) works referred to in regulation 4(c).\n\n[Regulation 10 amended: Gazette 28 Aug 2012 p. 4134; SL 2023/14 r. 12.]\n\n##### 11. Emergency works etc., restrictions on\n\n(1) In this regulation —\n\nemergency works, acts or activities means works, acts or activities that, but for regulation 4(d), would constitute development.\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(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.\n\n(4) It is a defence to proceedings for an offence under this regulation if —\n\n(a) the person charged with that offence proves that —\n\n(i) the person took all reasonable precautions to avoid the need for the emergency works, acts or activities; and\n\n(ii) it was not reasonably practicable to obtain a permit before undertaking the emergency works, acts or activities; and\n\n(iii) as soon as was reasonably practicable the person gave the CEO written notification of the emergency works, acts or activities;\n\nor\n\n(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.\n\n[Regulation 11 amended: Gazette 28 Aug 2012 p. 4134; 19 Jun 2015 p. 2100; SL 2023/14 r. 12.]\n\n##### 12. Erosion control, restrictions on\n\n(1) In this regulation —\n\n  works means works that, but for regulation 4(e), would constitute development.\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(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 —\n\n(a) the works comprise repairs or maintenance of a structure for erosion control; or\n\n(b) the authority has a permit to do so.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 12 amended: Gazette 28 Aug 2012 p. 4135; SL 2023/14 r. 12.]\n\n##### 13. Temporary structures, restrictions on placing etc.\n\n(1) In this regulation —\n\n  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).\n\n(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 —\n\n(a) the temporary structure relates to an act or activity referred to in regulation 17(2)(b); or\n\n(b) the person has a permit to do so.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 13 amended: Gazette 28 Aug 2012 p. 4135; SL 2023/14 r. 12.]\n\n##### 14A. Restrictions on works by leaseholders\n\n(1) In this regulation —\n\nworks 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, 11, 12, 13, 15 or 16B.\n\n(2) A leaseholder must not undertake any works in the Riverpark or development control area unless the leaseholder has a permit to do so.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 14A inserted: Gazette 28 Aug 2012 p. 4135; amended: SL 2023/14 r. 12; SL 2024/35 r. 5.]\n\n##### 14. Restrictions on works by Schedule 5 authorities\n\n(1) In this regulation —\n\n  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, 11, 12, 13, 15 or 16B.\n\n(2) A Schedule 5 authority must not undertake any works in the Riverpark or development control area unless —\n\n(a) the works are of a value less than $10 000; or\n\n(b) the authority has a permit to do so.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 14 amended: Gazette 28 Aug 2012 p. 4136; SL 2023/14 r. 12; SL 2024/35 r. 6.]\n\n##### 15. Fire hazard reduction, restrictions on\n\n(1) In this regulation —\n\n  fire hazard reduction means an activity that, but for regulation 4(i), would constitute development.\n\n(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 —\n\n(a) in accordance with a management programme; or\n\n(b) in the course of fighting a fire.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 15 amended: Gazette 28 Aug 2012 p. 4136; SL 2023/14 r. 12.]\n\n##### 16A. Restrictions on aircraft activity\n\nA person must not undertake any aircraft activity in the Riverpark or development control area unless —\n\n(a) the activity is urgently required to avoid or mitigate danger to public safety or significant damage to property or the environment; or\n\n(b) the person holds a permit to carry out the activity.\n\nPenalty: a fine of $5 000.\n\n[Regulation 16A inserted: SL 2023/14 r. 6; amended: SL 2023/63 r. 5.]\n\n##### 16B. Maintenance dredging, restrictions on\n\nA person must not, except in accordance with a permit, undertake maintenance dredging in waters in the Riverpark or development control area.\n\nPenalty: a fine of $5 000.\n\n[Regulation 16B inserted: Gazette 28 Aug 2012 p. 4137.]\n\n##### 16C. Scientific studies, restrictions on\n\nA person must not, except in accordance with a permit, undertake any scientific studies in the Riverpark or development control area.\n\nPenalty: a fine of $5 000.\n\n[Regulation 16C inserted: Gazette 28 Aug 2012 p. 4137.]\n\n## Part 3 — Protection of Riverpark and development control area\n\n##### 16. Application of this Part\n\nThis Part does not apply to —\n\n(a) anything done in accordance with an approval for the purposes of section 70; or\n\n(b) anything done in accordance with a determination of the Western Australian Planning Commission under the Metropolitan Region Scheme clause 45 or former clause 30A; or\n\n(c) anything done in accordance with a licence agreement; or\n\n(d) anything that may lawfully be done because of section 69(4).\n\n[Regulation 16 inserted: SL 2023/63 r. 6; amended: SL 2024/253 r. 6.]\n\n##### 17. Restrictions on commercial acts and activities\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) This regulation does not apply to an act or activity that —\n\n(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\n\n(b) is undertaken —\n\n(i) in accordance with a licence granted under the *Conservation and Land Management Regulations 2002* regulation 94; or\n\n(ii) in accordance with a licence granted under the *Fish Resources Management Regulations 1995* Part 11 Division 1 or 5; or\n\n(iii) in accordance with a permit granted under regulation 26; or\n\n(iv) in the course of an event referred to in regulation 26(4).\n\n[Regulation 17 amended: Gazette 28 Aug 2012 p. 4137; 19 Jun 2015 p. 2098; SL 2023/14 r. 12; SL 2023/63 r. 7.]\n\n##### 18. Banks of waters, protection of\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) Without limiting subregulation (1), a reference in that subregulation to the doing of anything includes —\n\n(a) the removal of any tree, shrub or other plant; and\n\n(b) causing or permitting grazing by livestock.\n\n[Regulation 18 amended: SL 2023/14 r. 12.]\n\n##### 19. River bed, restrictions on digging in\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to —\n\n(a) digging for the purpose of taking worms or invertebrates (although regulation 20 may apply); or\n\n(b) anchoring vessels.\n\n[Regulation 19 amended: SL 2023/14 r. 12.]\n\n##### 20. Worms etc., restrictions on digging for etc.\n\n(1) A person must not, unless the person has a permit to do so —\n\n(a) dig for worms or other invertebrates in the Riverpark; or\n\n(b) take worms or other invertebrates from the Riverpark if the worms or other invertebrates were obtained by digging.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) This regulation does not apply —\n\n(a) if —\n\n(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\n\n(ii) any other material dug from the bed or subsoil is returned to the location from which it was taken;\n\nor\n\n(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).\n\n[Regulation 20 amended: SL 2023/14 r. 12.]\n\n##### 21. Vegetation, protection of\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) Nothing in subregulation (1) applies to anything done —\n\n(a) in the normal operations of a farm, orchard, plantation, vineyard or other commercial agricultural operation; or\n\n(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\n\n(c) by way of removal of plants usually regarded as weeds; or\n\n(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\n\n(e) by way of fire hazard reduction carried out in accordance with a management programme; or\n\n(f) in the creation of access tracks for fire hazard reduction in accordance with a management programme.\n\n[Regulation 21 amended: SL 2023/14 r. 12.]\n\n##### 22A. Vessels unattended, and moorings, on land, restrictions on\n\n(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 —\n\n(a) the vessel is stored in a facility approved under Part 5 of the Act or by permit for that purpose; or\n\n(b) the person has a permit to do so.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 22A inserted: Gazette 28 Aug 2012 p. 4137-8; amended: Gazette 19 Jun 2015 p. 2098; SL 2023/14 r. 12.]\n\n##### 22. Launching vessels from trailers, restrictions on\n\n(1) In this regulation —\n\n  permitted launching place means —\n\n(a) a boat ramp —\n\n(i) approved under the *Swan River Trust Act 1988* 1 or the *Swan and Canning Rivers Management Act 2006*; or\n\n(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*,\n\nand that is licensed to be used under the *Jetties Act 1926* section 7; or\n\n(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;\n\n  trailer means a vehicle without its own motive power that is built to be towed, or is towed, by a vehicle.\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 22 amended: Gazette 19 Jun 2015 p. 2098; SL 2023/14 r. 12.]\n\n##### 23. Living on vessels, restrictions on\n\nA person must not use a vessel in waters in the development control area as living accommodation unless —\n\n(a) the vessel is moored in an area approved by the CEO for the purposes of this regulation; or\n\n(b) the person does not use the vessel as living accommodation for —\n\n(i) a period of more than 6 consecutive days; or\n\n(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.\n\nPenalty: a fine of $5 000.\n\n[Regulation 23 amended: Gazette 19 Jun 2015 p. 2100.]\n\n[**24.** Deleted: SL 2024/35 r. 7.]\n\n##### 25. Litter\n\n(1) In this regulation —\n\n  litter has the meaning given to that term by the *Litter Act 1979*.\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(3) A person must not deliberately break any glass, metal or earthenware object in the Riverpark.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 25 amended: SL 2023/14 r. 12.]\n\n##### 26. Spectator events in River reserve, holding etc.\n\n[(1) deleted]\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(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.\n\n(4) Subregulation (2) does not apply —\n\n(a) in relation to an event for which permission is required under the *Navigable Waters Regulations 1958* regulation 51C; or\n\n(b) in relation to an event on land owned by or under the care, control and management of a Schedule 5 authority.\n\n[Regulation 26 amended: Gazette 28 Aug 2012 p. 4138; SL 2023/14 r. 12.]\n\n## Part 4 — Permits\n\n##### 27. Permit for emergency works etc. (r. 11), application for\n\n(1) In this regulation —\n\n  in writing includes by fax or electronic mail;\n\n  orally includes by telephone, radio or video conference.\n\n(2) An application for a permit for the purposes of regulation 11 may be made to the CEO orally or in writing.\n\n(3) The permit may be given to the applicant orally or in writing.\n\n(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.\n\n(5) The CEO may refuse to accept an application under this regulation and require the application to be made under regulation 28.\n\n[Regulation 27 amended: Gazette 19 Jun 2015 p. 2100.]\n\n##### 28. Permit under these regulations, application for\n\n(1) Except as provided in regulation 27, an application for a permit must —\n\n(a) be made in a form and in the manner approved by the CEO; and\n\n(b) provide the information required by the form; and\n\n(c) be lodged with the CEO together with any application fee prescribed under these regulations.\n\n(2) The CEO may require an applicant to provide additional information reasonably related to an application before determining the application.\n\n(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).\n\n[Regulation 28 amended: Gazette 19 Jun 2015 p. 2100.]\n\n##### 29. Grant of permit\n\n(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.\n\n(2) A permit may be granted in combination with other permits.\n\n(3) A permit granted in relation to an activity authorises entry to, and use of, land and waters under the care, control and management of the Trust for the purposes of the activity.\n\n[Regulation 29 amended: Gazette 19 Jun 2015 p. 2100; SL 2023/14 r. 7.]\n\n##### 30. Duration of permit\n\n(1) Subject to these regulations, a permit has effect for the period specified in the permit.\n\n(2) The CEO may, by written notice given to the holder of a permit, extend the period for which the permit has effect.\n\n[Regulation 30 amended: SL 2023/14 r. 8.]\n\n##### 31. Conditions and restrictions on permit\n\n(1) The CEO may impose conditions and restrictions on a permit.\n\n(1A) Without limiting subregulation (1), the CEO may impose a condition on a permit that requires the holder to take out and maintain insurance in connection with the activity to which the permit relates.\n\n(2) Conditions and restrictions imposed on a permit must be endorsed on or attached to the written permit.\n\n(3) The holder of a permit who contravenes a condition or restriction imposed on the permit commits an offence.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 31 amended: Gazette 19 Jun 2015 p. 2100; SL 2023/14 r. 12; SL 2023/63 r. 8.]\n\n##### 32. Amendment of permit\n\n(1) The CEO may amend a permit by correcting in the permit a clerical mistake or unintentional error or omission.\n\n(2) The CEO may amend a permit to vary any conditions or restrictions imposed on the permit.\n\nNote for this subregulation:\n\nThe procedure under regulation 34 applies to an amendment under this subregulation on the initiative of the CEO if the holder of the permit has not consented to the amendment.\n\n(3) A permit may be amended under subregulation (1) or (2) —\n\n(a) on application by the holder of the permit; or\n\n(b) on the initiative of the CEO (with or without the consent of the holder of the permit).\n\n(4) The CEO must give the holder of a permit written notice of an amendment of the permit under subregulation (1) or (2).\n\n[Regulation 32 inserted: SL 2023/14 r. 9.]\n\n##### 33. CEO may revoke or suspend permit\n\n(1) The CEO may revoke or suspend a permit if there are grounds to do so under subregulation (2).\n\nNote for this subregulation:\n\nThe procedure under regulation 34 applies to a revocation or suspension under this subregulation.\n\n(2) The grounds for revocation or suspension of a permit under subregulation (1) are that —\n\n(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\n\n(b) information contained in or supporting the application for the permit was false or misleading in a material respect; or\n\n(c) the CEO considers that the continuation of the activity to which the permit relates would adversely affect the ecological and community benefits and amenity of the Riverpark or development control area.\n\n(3) The CEO may revoke a permit if —\n\n(a) the CEO intends to grant another permit to the holder of the permit in relation to the activity to which the permit relates; and\n\n(b) the CEO considers that the other permit will be more appropriate in the circumstances.\n\nNote for this subregulation:\n\nThe procedure under regulation 34 applies to a revocation under this subregulation.\n\n(4) The CEO may revoke a permit with the consent of the holder of the permit.\n\n(5) The CEO may revoke the suspension of a permit under subregulation (1) at any time.\n\n(6) The CEO must give the holder of a permit written notice of —\n\n(a) a revocation of the permit under subregulation (1), (3) or (4); or\n\n(b) a suspension of the permit under subregulation (1); or\n\n(c) a revocation of the suspension of the permit under subregulation (5).\n\n(7) A notice under subregulation (6)(b) must specify the period of suspension.\n\n[Regulation 33 inserted: SL 2023/14 r. 9.]\n\n##### 34. Procedure to be followed before certain amendments, revocations and suspensions\n\n(1) This regulation sets out the procedure that must be followed if the CEO proposes to do any of the following (the proposed action) —\n\n(a) amend a permit under regulation 32(2) on the initiative of the CEO, if the holder of the permit has not consented to the amendment;\n\n(b) revoke a permit under regulation 33(1) or (3);\n\n(c) suspend a permit under regulation 33(1).\n\n(2) The CEO must give the holder of the permit a written notice that —\n\n(a) states details of the proposed action including, in the case of a proposed suspension under regulation 33(1), the proposed period of suspension; and\n\n(b) invites the holder to make written representations to the CEO to show why the proposed action should not be taken; and\n\n(c) states the period within which representations may be made.\n\n(3) The period stated in the notice under subregulation (2)(c) must be a period of at least 14 days beginning on the day after the notice is given.\n\n(4) Representations by the holder of the permit must be made in writing.\n\n(5) The CEO must not take the proposed action until after the end of the period stated in the notice under subregulation (2)(c), unless the holder of the permit has —\n\n(a) given written notice to the CEO that the holder does not intend to make representations; or\n\n(b) made written representations to the CEO and given written notice to the CEO that the holder does not intend to make further representations.\n\n(6) Before taking the proposed action, the CEO must consider any representations made by the holder of the permit in accordance with this regulation.\n\n(7) If the CEO decides not to take the proposed action, the CEO must give the holder of the permit written notice of the decision.\n\nNote for this subregulation:\n\nIf the CEO decides to take the proposed action, written notice of the amendment, revocation or suspension must be given under regulation 32(4) or 33(6), as the case requires.\n\n[Regulation 34 inserted: SL 2023/14 r. 9.]\n\n##### 35. Interim suspension of permit while procedure under r. 34 is followed\n\n(1) This regulation applies if —\n\n(a) the CEO gives the holder of a permit a notice under regulation 34(2) in relation to a proposed revocation or suspension of the permit under regulation 33(1) on the grounds referred to in regulation 33(2)(c); and\n\n(b) the CEO considers it necessary for the permit to be suspended 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.\n\n(2) The CEO may, by written notice (an interim suspension notice) given to the holder of the permit, immediately suspend the permit until the earlier of the following —\n\n(a) the day on which the CEO gives the holder written notice of —\n\n(i) the revocation or suspension of the permit under regulation 33(1); or\n\n(ii) the decision not to revoke or suspend the permit under regulation 33(1);\n\n(b) the end of the period of suspension specified in the interim suspension notice.\n\n(3) The interim suspension notice must —\n\n(a) state that the permit is suspended with immediate effect; and\n\n(b) specify a period of suspension not exceeding 6 weeks; and\n\n(c) explain the period for which the suspension has effect under subregulation (2).\n\n(4) The interim suspension notice may form part of the notice given to the holder of the permit under regulation 34(2).\n\n(5) The CEO may revoke the suspension of the permit under subregulation (2) at any time.\n\n(6) The CEO must give the holder of the permit written notice of a revocation of the suspension of the permit under subregulation (5).\n\n[Regulation 35 inserted: SL 2023/14 r. 9.]\n\n##### 36. Approval in force at 25 Sep 2007, saving for\n\nAny 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.\n\n## Part 5 — Infringement notices\n\n##### 37. Offences prescribed (Act s. 123)\n\nThe offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 123.\n\n[Regulation 37 amended: Gazette 28 Aug 2012 p. 4138.]\n\n##### 38. Modified penalties prescribed (Act s. 123)\n\nThe 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.\n\n##### 39. Infringement notice, form of prescribed (Act s. 123(3))\n\nSchedule 2 Form 3 is prescribed for the purposes of section 123(3)(a).\n\n[Regulation 39 amended: Gazette 28 Aug 2012 p. 4139.]\n\n##### 40. Withdrawal of infringement notice, form of prescribed (Act s. 123(7))\n\nSchedule 2 Form 4 is prescribed for the purposes of section 123(7).\n\n[Regulation 40 amended: Gazette 28 Aug 2012 p. 4139.]\n\n## Part 6 — Other matters\n\n##### 41. Continuing offence, penalty for\n\nFor each separate and further offence committed by a person under the *Interpretation Act 1984*, the penalty is a fine of $100.\n\n##### 42. Rate of interest prescribed (Act s. 103(4))\n\nThe rate of interest for the purposes of section 103(4) is —\n\n(a) the rate of interest prescribed under the *Civil Judgments Enforcement Act 2004* section 8(1)(a); or\n\n(b) 6% per annum,\n\nwhichever is the higher rate.\n\n[Regulation 42 amended: Gazette 28 Aug 2012 p. 4139.]\n\n##### 43. Sch. 5 authority proposing to act in conflict with Act, procedure in case of\n\n(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 —\n\n(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\n\n(b) otherwise — as soon as practicable after becoming aware of the conflict.\n\n(2) The notification must —\n\n(a) state the particulars of the conflict, including —\n\n(i) the provisions of the Act and the other written law that are in conflict; and\n\n(ii) the situation that has given rise to the conflict;\n\nand\n\n(b) be accompanied by any written advice the Schedule 5 authority has received in relation to the conflict.\n\n(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.\n\n(4) This regulation does not affect the law relating to legal professional privilege.\n\n[Regulation 43 amended: Gazette 19 Jun 2015 p. 2099.]\n\n##### 44. River reserve leases (Act s. 29), renewal and sublease of\n\n(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 —\n\n(a) for a period not exceeding the term of the lease that is renewed; and\n\n(b) on the terms and conditions to which the lease was subject before its renewal.\n\n(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.\n\n[Regulation 44 amended: Gazette 28 Aug 2012 p. 4139; 19 Jun 2015 p. 2100-1.]\n\n##### 45. Act Schedule 2 amended\n\n(1) Under section 13(1), this regulation amends Schedule 2 to the Act.\n\n(2) Delete “47465.” and insert:\n\n47465 Version 6.\n\n[Regulation 45 inserted: Gazette 4 Mar 2016 p. 625.]\n\n##### 46. Act Schedule 3 amended\n\n(1) Under section 13(1), this regulation amends Schedule 3 to the Act.\n\n(2) Delete “47465.” and insert:\n\n47465 Version 6.\n\n[Regulation 46 inserted: Gazette 4 Mar 2016 p. 626.]\n\n##### 47. Act Schedule 4 amended\n\n(1) Under section 13(1), this regulation amends Schedule 4 to the Act.\n\n(2) In relation to **Reserve 48325** delete “Lot 351 on Deposited Plan 59844,” and insert:\n\nLot 504 on Deposited Plan 408106,\n\n(3) In relation to **Reserve 48325** delete “Lot 301 on Deposited Plan 47451, Lots 302 & 303 on Deposited Plan 47452,” and insert:\n\nLot 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),\n\n(4) In relation to **Reserve 48325** delete “Lot 13949 on Deposited Plan 27474 and Lot 14082 on Deposited Plan 26651” and insert:\n\nLot 13949 on Deposited Plan 27474, Lot 14082 on Deposited Plan 26651 and Lot 501 on Deposited Plan 427718\n\n[Regulation 47 inserted: Gazette 4 Mar 2016 p. 626; amended: SL 2020/186 r. 4; SL 2025/69 r. 4.]\n\n##### 48. Act Schedule 5 amended\n\n(1) Under section 136(2)(a), this regulation amends Schedule 5 to the Act.\n\n(2) After item 9 insert:\n\n10. The National Trust of Australia (W.A.) established under the *National Trust of Australia (W.A.) Act 1964*.\n\n10A. The Commissioner of Police appointed under the *Police Act 1892*.\n\n[Regulation 48 inserted: SL 2023/14 r. 10.]\n\n##### 49. Act Schedule 7 amended\n\n(1) Under section 136(2)(a), this regulation amends Schedule 7 to the Act.\n\n(2) In the item for the Shire of Kalamunda delete “Shire” and insert:\n\nCity\n\n(3) Delete the item for the City of Subiaco.\n\n[Regulation 49 inserted: SL 2023/14 r. 10.]\n\nSchedule 1 — Prescribed offences and modified penalties\n\n[r. 37, 38]\n\n| **Offences** | | **Modified penalty** |\n| --- | --- | --- |\n| r. 9(1) | Exhibiting sign without permit | $200 |\n| r. 10(2) | Undertaking repairs or maintenance without permit | $200 |\n| r. 11(2) | Undertaking emergency work, act or activity without permit | $200 |\n| r. 12(2)    or (3) | Undertaking works to control erosion without permit | $200 |\n| r. 13(2) | Placing or removing temporary structure without permit | $200 |\n| r. 14A(2) | Leaseholder undertaking works without permit | $200 |\n| r. 14(2) | Schedule 5 authority undertaking works without permit | $200 |\n| r. 15(2) | Undertaking fire hazard reduction without permit | $200 |\n| r. 16A | Undertaking aircraft activity without permit | $200 |\n| r. 16B | Undertaking maintenance dredging without permit | $200 |\n| r. 16C | Undertaking scientific studies without permit | $200 |\n| r. 17(1) | Undertaking activity for commercial purpose without permit | $200 |\n| r. 18(1) | Doing anything likely to bring about collapse or movement of banks | $200 |\n| r. 19(1) | Digging in bed or subsoil | $200 |\n| r. 20(1) | Digging for or taking worms or invertebrates | $200 |\n| r. 21(1) | Destroying or injuring tree, shrub or plant | $200 |\n| r. 22A(1) | Leaving vessel unattended on land without permit | $200 |\n| r. 22A(2) | Placing object to secure vessel on land without permit | $200 |\n| r. 22(2) | Launching vessel from trailer except at permitted launching place | $200 |\n| r. 23 | Using vessel as living accommodation | $200 |\n| r. 25(2) | Littering Riverpark | $200 |\n| r. 25(3) | Breaking glass, metal or earthenware in Riverpark | $200 |\n| r. 26(2) | Organising or holding spectator event in River reserve without permit | $200 |\n| r. 31(3) | Contravening condition or restriction imposed on permit | $200 |\n\n\n[Schedule 1 amended: Gazette 28 Aug 2012 p. 4139-40; 19 Jun 2015 p. 2099; SL 2023/14 r. 11; SL 2023/63 r. 9; SL 2024/35 r. 8.]\n\nSchedule 2 — Forms\n\n[r. 6, 7, 39, 40]\n\nForm 1\n\n*Swan and Canning Rivers Management Act 2006*\n\nSection 72\n\n**APPLICATION FOR APPROVAL OF DEVELOPMENT**\n\n- **1. Applicant details**\n- The applicant is the person with whom the department, on behalf of 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.\n- Name\n- Position (if applicable)\n- Organisation (if applicable)\n- Contact person\n- Postal address\n- Town/Suburb State Postcode\n- Telephone Work Mobile\n- Email\n- I give authority for an agent (as identified at item No. 3) to act on my behalf during the assessment of the application. If ‘YES’, please provide Agent’s details at item No. 3.  YES  NO\n- Applicant signature Date\n- **2. Landowner details**\n- 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 or management body as required under section 72(5)(a) of the Act. If there are more than 2 landowners, please provide the additional information and signature(s) on a separate page.\n- **Details of first landowner**\n- Name\n- Position (if applicable)\n- Organisation (if applicable)\n- Contact person\n- Postal address\n- Town/suburb State Postcode\n- **I consent to this application being made.**\n- First landowner\nsignature Date\n- **Details of second landowner (if applicable)**\n- Name\n- Position (if applicable)\n- Organisation (if applicable)\n- Contact person\n- Postal address\n- Town/suburb State Postcode\n- **I consent to this application being made.**\n- Second landowner signature Date\n- **3. Authorised agent details (if applicable)**\n- The applicant must sign the form and tick the authorisation under item No. 1 to provide authority for an appointed authorised agent to act on their behalf.\n- **Details of authorised agent**\n- Name\n- Position (if applicable)\n- Company/agency (if applicable)\n- ACN/ABN (if applicable)\n- Postal address\n- Town/suburb State Postcode\n- Telephone Work Mobile\n- Email\n- Authorised agent signature Date\n- **4. Location of proposed development**\n- Certificate of title information Volume Folio\n- Diagram/plan/deposit plan no.\n- Lot No.(s)\n- Location\n- Reserve No.(s) (if applicable)\n- Street No.(s) and name\n- Town/suburb\n- Nearest road intersection\n- **5. Details of proposed development**\n- 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).\n- Estimated cost of development $\n- Current use of land Please describe below how the land is currently used.\n- Proposed development Please provide a summary of the proposed use and development. Additional detail should be provided as an attachment to this application form.\n\n\n[Form 1 inserted: SL 2023/63 r. 10.]\n\n**Form 2**\n\n*Swan and Canning Rivers Management Act 2006*\n\nSection 89(4)\n\n**CLAIM FOR COMPENSATION FOR INJURIOUS AFFECTION**\n\n**I, BEING:**\n\n- Name\n- Street Address\n- City Postcode\n- Telephone Work Home\n\n\n**AND THE OWNER OF THE FOLLOWING LAND:**\n\n- House No.\n- Street\n- Location No.\n- Certificate of Title Volume Folio\n\n\n**CONSIDER THAT THE LAND HAS BEEN INJURIOUSLY AFFECTED BY REASON OF THE DECISION DATED IN WHICH AN APPLICATION FOR APPROVAL OF DEVELOPMENT WAS:**\n\n(please tick applicable box below)\n\n| Refused |  |\n| --- | --- |\n| Approved, but in a modified form |  |\n| Approved or approved in a modified form, but subject to a condition or restriction unacceptable to me |  |\n\n\n**I CLAIM AS COMPENSATION FOR THAT INJURIOUS AFFECTION THE SUM OF:**\n\n| $ |  |\n| --- | --- |\n\n\n**WHICH SUM IS MADE UP AS FOLLOWS:**\n\n| **SIGNED** |  |\n| --- | --- |\n| **DATE** |  |\n\n\n[Form 2 amended: Gazette 19 Jun 2015 p. 2100.]\n\n**Form 3**\n\n- ***Swan and Canning Rivers Management Act 2006*****Infringement notice** Infringement\nNotice No.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name ____________________________________ ACN\n- Address: ________________________________________________ Postcode\n- **Alleged offence** Description of offence:\n- *Swan and Canning Rivers Management Regulations 2007*\n- Date: / /20 Time: a.m./p.m.\n- Modified penalty: $\n- **Officer issuing notice** Name:\n- Signature:\n- Office:\n- **Date** Date of notice: / /20\n- **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 WildlifeC/‑ The AccountantGPO Box K822PERTH 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.\n- **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.\n\n\n[Form 3 amended: Gazette 20 Aug 2013 p. 3858; 19 Jun 2015 p. 2100; SL 2020/166 r. 10.]\n\n**Form 4**\n\n- ***Swan and Canning Rivers Management Act 2006*****Withdrawal of infringement notice** Withdrawal No.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name _____________________________________ ACN\n- Address: _______________________________________________ Postcode\n- **Infringement notice** Infringement Notice No.:\n- Date of issue: / /20\n- **Alleged offence** Description of offence:\n- *Swan and Canning Rivers Management Regulations 2007*\n- Date: / /20 Time: a.m./p.m.\n- **Officer withdrawing notice** Name:\n- Signature:\n- Office:\n- **Date** Date of withdrawal: / /20\n- **Withdrawal of infringement notice***[*delete\nwhichever\nis 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 WildlifeC/‑ The AccountantGPO Box K822PERTH WA 6842Signature / /20\n\n\n[Form 4 amended: Gazette 19 Jun 2015 p. 2100.]\n\n![dline]()\n\nNotes\n\nThis 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.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *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) |\n| *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)) |\n| **Reprint 1: The *Swan and Canning Rivers Management Regulations 2007* as at 23 Nov 2012** (includes amendments listed above) | | |\n| *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) |\n| *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)) |\n| *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)) |\n| *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)) |\n| *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)) |\n| *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)) |\n| *Swan and Canning Rivers Management Amendment Regulations 2021* | SL 2021/131 16 Jul 2021 | r. 1 and 2: 16 Jul 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Aug 2021 (see r. 2(b) and SL 2021/124 cl. 2) |\n| *Swan and Canning Rivers Management Amendment Regulations 2023* | SL 2023/14 24 Feb 2023 | r. 1 and 2: 24 Feb 2023 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Feb 2023 (see r. 2(b)) |\n| *Swan and Canning Rivers Management Amendment Regulations (No. 2) 2023* | SL 2023/63 2 Jun 2023 | r. 1 and 2: 2 Jun 2023 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Jun 2023 (see r. 2(b) and SL 2023/62 cl. 2) |\n| *Swan and Canning Rivers Management Amendment Regulations 2024* | SL 2024/35 20 Mar 2024 | r. 1 and 2: 20 Mar 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Mar 2024 (see r. 2(b)) |\n| *Swan and Canning Rivers Management Amendment Regulations (No. 2) 2024* | SL 2024/253 11 Dec 2024 | r. 1 and 2: 11 Dec 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 31 Mar 2025 (see r. 2(b)) |\n| *Swan and Canning Rivers Management Amendment Regulations (No. 2) 2025* | SL 2025/69 14 May 2025 | r. 1 and 2: 14 May 2025 (see r. 2(a));   Regulations other than r. 1 and 2: 15 May 2025 (see r. 2(b)) |\n\n\nOther notes\n\n1 Repealed by the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006*.\n\n2 The regulation in these regulations repealing the *Swan River Trust Regulations 1989* was omitted under the *Reprints Act 1984* s. 7(4)(f).\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\naircraft 2\n\naircraft activity 2\n\ncommercial purpose 2\n\ncommercial use 2\n\nemergency works, acts or activities 11(1)\n\nexhibit 2\n\nfire hazard reduction 15(1)\n\nformer clause 30A 2\n\ninterim suspension notice 35(2)\n\nin writing 27(1)\n\nleaseholder 2\n\nlitter 25(1)\n\nlocal planning scheme 9(2A)\n\nmaintenance dredging 2\n\norally 27(1)\n\npark 10(1)\n\npermit 2\n\npermitted launching place 22(1)\n\nprivate property 2\n\nproposed action 34(1)\n\npublic place 2\n\nrepairs to or maintenance of 10(1)\n\nsection 2\n\nsign 2\n\nspectator event 2\n\nstructure 2\n\ntemporary structure 13(1)\n\ntrailer 22(1)\n\nundertake 2\n\nvehicle 2\n\nvessel 2\n\nworks 12(1), 14A(1), 14(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond simple development control. Originally subsidiary to the Act, they now regulate micro-level activities including: aircraft operations (reg 16A), scientific studies (reg 16C), worm digging (reg 20), littering (reg 25), living on vessels (reg 23), and even breaking glass (reg 25(3)). The 2023 and 2024 amendments added complex procedural safeguards for permit holders (regs 32-35) and expanded definitions to include 'former clause 30A' of the Metropolitan Region Scheme. The permit system has evolved from a simple approval mechanism to an elaborate administrative law framework with interim suspensions, natural justice procedures, and insurance requirements."},"complexity_factors":["Multiple overlapping exemption schemes: Regulation 4 lists 12 categories of excluded 'development', while Division 2 and Part 3 then impose permit requirements on many of these same activities, creating a dual-track system","Extensive cross-referencing to the parent Act (Swan and Canning Rivers Management Act 2006) and other legislation including the Metropolitan Region Scheme, Conservation and Land Management Act 1984, and various planning schemes","Nested definitions: terms like 'works', 'emergency works', and 'repairs to or maintenance of a structure' are defined by reference to what they would be 'but for' Regulation 4 exclusions","Multiple permit pathways: Regulation 27 allows oral/telephone applications for emergency works, while Regulation 28 requires written applications with fees for everything else","Complex administrative procedures in Part 4 including amendment, revocation, suspension, interim suspension, and natural justice requirements (regulations 32-35)","Value thresholds for exemptions: $500,000 for leaseholders (reg 4(ga)), $5 million for Schedule 5 authorities (reg 4(g)), and $10,000 for minor works (reg 14(2)(a))","Multiple amendment instruments referenced (SL 2023/14, SL 2024/253, etc.) indicating frequent legislative churn","Schedule 5 authorities have special status throughout, requiring tracking of who is on Schedule 5 of the Act"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the ground rules for what people can and cannot do in and around Perth's Swan and Canning Rivers. They work alongside the *Swan and Canning Rivers Management Act 2006* to protect the river environment while allowing sensible development and recreational use.\n\n**Who it affects:**\n\n- **Property owners** with land touching the rivers (freehold and leasehold)\n- **Government agencies** (\"Schedule 5 authorities\" like local councils and water corporations)\n- **Developers** wanting to build or modify structures\n- **Boat owners** and people using the water for recreation or living\n- **Businesses** wanting to run commercial activities on the water or foreshore\n- **Anyone** wanting to put up signs, hold events, dig for bait, or fly aircraft near the rivers\n\n**Key things you need to know:**\n\n- **Permits are king.** Most activities—from putting up a sign to dredging a marina—require a permit from the CEO of the Department of Parks and Wildlife (formerly the Swan River Trust). Fines for doing things without a permit are $5,000.\n\n- **Some things are exempt.** Minor repairs, emergency works, fire hazard reduction, and certain government works under specific value thresholds ($500,000 for leaseholders, $5 million for Schedule 5 authorities) don't count as \"development\" and don't need approval under the Act, though they may still need permits under these regulations.\n\n- **Strict rules on signs.** You generally can't put up signs in the Riverpark without a permit, with exceptions for things like traffic signs, election posters, real estate signs, and A-frame boards under 1m².\n\n- **Boating restrictions.** You can't just launch a boat from any old trailer spot—only at approved ramps. You also can't live on a vessel in the development control area for more than 6 consecutive days or more than 10 days in any 30-day period without approval.\n\n- **Protection of banks and vegetation.** You can't dig in river banks, remove plants, or do anything that might cause erosion without permission. This includes grazing livestock near the water.\n\n- **Commercial activities need permits.** If you're making money from an activity on the river (tours, events, filming), you need a permit.\n\n- **Infringement notices.** Most offences can be dealt with via an on-the-spot fine of $200 rather than going to court.\n\n**Why it matters:**\n\nThese regulations balance environmental protection with practical use of one of Perth's most important natural assets. They prevent the river from becoming cluttered with illegal structures, advertising, and damaging activities, while providing clear pathways for legitimate development and recreation through the permit system."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have expanded and refined regulatory reach over time. Recent insertions explicitly regulate aircraft activity, maintenance dredging and scientific studies (regs 16A–16C); they formalised CEO powers and procedural safeguards for amending, suspending and revoking permits including interim suspension (regs 32–35); and they adjusted exclusions and monetary thresholds affecting leaseholders and Schedule 5 authorities (regs 4, 14A, 14). The infringement regime and prescribed forms were also updated (Part 5; Schedule 2)."},"complexity_factors":["Wide range of regulated activities and many specific exclusions and exceptions (e.g. signs, repairs, emergency works, erosion control, temporary structures, aircraft activity, maintenance dredging, scientific studies) (regs 4, 9–16C).","Multiple overlapping thresholds and carve‑outs for leaseholders and Schedule 5 authorities that affect whether works are \"development\" or need permits (regs 4, 14A, 14).","Significant administrative discretion vested in the CEO to grant, condition, amend, suspend or revoke permits, plus accompanying procedural safeguards and interim suspension powers (regs 29, 31–35).","Detailed offence and enforcement framework with matching infringement notices, modified penalties and continuing offence interest rules (Part 5; reg 41; Schedule 1).","Extensive cross‑references to the Act and other written laws and licences (e.g. Metropolitan Region Scheme, Conservation and Land Management, Navigable Waters), requiring coordination across instruments (many regs, notably 8 and 16).","Prescribed forms and procedural requirements for applications, compensation claims and infringement administration add administrative steps for applicants and authorities (Schedule 2; regs 27–28, 37–40).","Frequent amendments and schedule updates reflected in the compilation table indicate evolving scope and multiple interaction points with external authorities (Compilation table; regs 45–49)."],"plain_english_summary":"These regulations set out when activities in the Swan and Canning Riverpark and the adjoining development control area require a permit, which routine or exempt works are allowed without development approval, and which behaviours are prohibited. They regulate signs, repairs, emergency and erosion works, temporary structures, aircraft activity, dredging, scientific studies, commercial uses, vegetation, vessels and spectator events.\n\nThe Chief Executive Officer (CEO) decides permit applications, may attach conditions or require insurance, and can amend, suspend or revoke permits; applicants pay application fees and may face fines or infringement notices for breaches, and the CEO can remove and recover costs for unauthorised signs."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and current provisions is possible from the information provided."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 'page not found' error","Cannot assess complexity without access to the actual text of the regulations","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"These regulations (subordinate to a parent Act) set the rules for managing the Swan and Canning Rivers — governing who may use the waterways, development and works near riverbanks, environmental protections, and permit requirements. They affect recreational users, landowners, developers, and agencies responsible for river health, so consult the official WA legislation site for the current, authoritative text (the content could not be retrieved here)."}},"importantCases":[],"_links":{"self":"/api/acts/swan-and-canning-rivers-management-regulations-2007","history":"/api/acts/swan-and-canning-rivers-management-regulations-2007/history","analysis":"/api/acts/swan-and-canning-rivers-management-regulations-2007/analysis","conflicts":"/api/acts/swan-and-canning-rivers-management-regulations-2007/conflicts","importantCases":"/api/acts/swan-and-canning-rivers-management-regulations-2007/important-cases","documents":"/api/acts/swan-and-canning-rivers-management-regulations-2007/documents"}}