{"id":"swan-and-canning-rivers-transitional-regulations-2007","name":"Swan and Canning Rivers (Transitional) Regulations 2007","slug":"swan-and-canning-rivers-transitional-regulations-2007","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182153,"registerId":"wa-swan-and-canning-rivers-transitional-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 (Transitional) Regulations 2007","content":"![Crest]()Western Australia\n\nSwan and Canning Rivers (Consequential and Transitional Provisions) Act 2006\n\nSwan and Canning Rivers (Transitional) Regulations 2007\n\nWestern Australia\n\nSwan and Canning Rivers (Transitional) Regulations 2007\n\nContents\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Pending Part 5 development applications 1\n\n4. Pending MRS development applications 2\n\n5. Section 10 agreements 2\n\nNotes\n\nCompilation table 3\n\n  \n\nWestern Australia\n\nSwan and Canning Rivers (Consequential and Transitional Provisions) Act 2006\n\nSwan and Canning Rivers (Transitional) Regulations 2007\n\n##### 1. Citation\n\n\t\tThese regulations are the *Swan and Canning Rivers (Transitional) Regulations 2007*.\n\nNote for this regulation:\n\nUnder the *Interpretation Act 1984* section 25(3), these regulations take effect on the day on which the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006* section 9 commences.\n\n##### 2. Interpretation\n\n(1) In these regulations —\n\n  commencement day means the day on which the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006* section 9 commences;\n\n  repealed Act means the *Swan River Trust Act 1988*.\n\n(2) Unless the contrary intention appears, words and expressions used in these regulations have the same meaning as they have in the *Swan and Canning Rivers Management Act 2006*.\n\n##### 3. Pending Part 5 development applications\n\n(1) An application for approval of a development made under Part 5 of the repealed Act and not finally dealt with under the repealed Act immediately before the commencement day is to be dealt and determined under the repealed Act as if the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006* section 4 and the *Swan and Canning Rivers Management Act 2006* Part 5 had not been enacted.\n\n(2) Despite subregulation (1), the Trust, in dealing with an application referred to in that subregulation after the coming into operation of these regulations, is to be constituted under the *Swan and Canning Rivers Management Act 2006*.\n\n(3) A development referred to in subregulation (1) in respect of which all necessary approvals under the repealed Act are given may be lawfully carried out as if it were approved under the *Swan and Canning Rivers Management Act 2006*, and the *Swan and Canning Rivers Management Act 2006* section 70 applies in relation to the approval, and any conditions and restrictions attached to the approval, accordingly.\n\n##### 4. Pending MRS development applications\n\nAn application for approval of a development made under the Metropolitan Region Scheme and not finally dealt with immediately before the commencement day is to be dealt and determined as if the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006* Part 4 had not been enacted.\n\n##### 5. Section 10 agreements\n\nAny agreement made under the repealed Act section 10 and of effect immediately before the commencement day continues in force for the term of the agreement or, if no term is specified in the agreement, until —\n\n(a) 2 years after the commencement day; or\n\n(b) the agreement is replaced by an arrangement made under the *Swan and Canning Rivers Management Act 2006* section 27,\n\nwhichever is the sooner.\n\nNotes\n\n1 This is a compilation of the *Swan and Canning Rivers (Transitional) Regulations 2007*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Swan and Canning Rivers (Transitional) Regulations 2007* | 25 Sep 2007 p. 4781‑5 | 25 Sep 2007 (see note to r. 1 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\ncommencement day 2(1)\n\nrepealed Act 2(1)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow transitional purpose. They were designed specifically to handle the changeover between the 1988 and 2006 Acts, and they do exactly that—dealing with pending applications and existing agreements. There is no scope creep; the document remains tightly focused on its transitional mandate."},"complexity_factors":["Very short document (5 regulations plus interpretation)","Only 2 defined terms ('commencement day' and 'repealed Act')","Simple conditional logic limited to subregulation 5(b) ('whichever is the sooner')","Minimal cross-referencing—only to parent Act and repealed Act","No nested exceptions or complex procedural requirements","Single purpose: grandfathering existing applications and agreements"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are temporary \"bridge\" rules that smooth the transition from the old *Swan River Trust Act 1988* (now repealed) to the new *Swan and Canning Rivers Management Act 2006*. They ensure that development applications and agreements already in the pipeline don't fall through the cracks when the laws change.\n\n**Who it affects:**\n\n*   **Property developers** who had applications pending under the old law for developments in the Swan and Canning Rivers area\n*   **The Swan River Trust** (the government body managing these rivers), which continues to process old applications under old rules but with its new governance structure\n*   **Landowners** who had agreements with the Trust under section 10 of the old Act\n\n**Key provisions:**\n\n*   **Pending applications keep going:** If you applied for development approval under the old Part 5 rules but hadn't received a final decision when the new Act kicked in, your application continues under the *old* rules (regulation 3). However, the Trust itself now operates under its new structure from the 2006 Act.\n*   **Metropolitan Region Scheme applications:** Similarly, applications under the Metropolitan Region Scheme that were pending when the changeover happened continue under the old system (regulation 4).\n*   **Existing agreements survive temporarily:** Any agreements made under section 10 of the old Act remain valid for their original term, or if no end date was set, for 2 years from commencement—whichever comes first, unless replaced sooner under the new Act (regulation 5).\n*   **Approved developments are grandfathered:** Once a pending application is approved under the old rules, the development can proceed as if it were approved under the new Act, with the same conditions attached (regulation 3(3)).\n\n**Why it matters:**\n\nWithout these transitional rules, developers could have been left in legal limbo—halfway through expensive approval processes when the law changed. These regulations provide certainty by allowing the old system to finish processing existing applications while the new system takes over for everything else."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for review. No determination can be made about whether the regulations expanded, narrowed, or stayed true to their original intent."},"complexity_factors":["No legislative text was retrievable — the page returned a 'no longer available' error","Transitional regulations are typically narrow and time-limited in scope, suggesting lower inherent complexity","Cannot assess cross-referencing, definitional layers, or operative provisions without the actual text","Complexity score is minimal and provisional due to complete absence of content to analyse"],"plain_english_summary":"Likely a temporary Western Australian regulation that bridged legal obligations between old and new Swan and Canning Rivers laws, preserving existing approvals, permits or duties during a management framework change. \n\nIt would have mattered to landowners, businesses, developers and recreational users along the rivers by ensuring continuity of rights and obligations during the transition; the instrument may now be spent or repealed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations are transitional only: they preserve treatment of pending development applications and existing agreements during the handover from the repealed Act to the new Act (rr.3–5) rather than expanding or narrowing substantive regulatory scope. They change administrative procedure (which body decides and under which Act's form) but do not alter the substantive powers or create new classes of regulated activity."},"complexity_factors":["Interplay between repealed Act and new Act requires applying different statutes to the same files (r.3(1)).","Trust decision‑making is moved to a body constituted under the new Act while using old substantive procedures (r.3(2)), creating administrative duality.","Approvals that were valid under the repealed Act are declared lawful and treated as if under the new Act for enforcement and conditions (r.3(3)), which affects compliance and enforcement lines.","Metropolitan Region Scheme applications are preserved by treating them as if a new Part had not been enacted (r.4), so planners must follow legacy rules for pending MRS matters.","Existing agreements under repealed Act s.10 continue but are time‑limited or until replaced — continuity with sunset (r.5).","Dependence on the defined \"commencement day\" (r.2(1)) means many effects hinge on a single date, creating timing sensitivity.","Key terms and thresholds (for example, \"not finally dealt with\" and when \"all necessary approvals\" are present) are fact‑specific and leave scope for agency interpretation (r.3(1), r.3(3))."],"plain_english_summary":"These regulations provide transitional rules when responsibility moves from the Swan River Trust Act 1988 to the Swan and Canning Rivers Management Act 2006. They say pending development approvals are to be decided under the old law (but by a Trust constituted under the new Act), Metropolitan Region Scheme applications are to proceed as if certain new parts were not enacted, and existing section 10 agreements continue for their term or up to two years unless replaced. The rules preserve legal continuity for applicants, landowners and the Trust."}},"importantCases":[],"_links":{"self":"/api/acts/swan-and-canning-rivers-transitional-regulations-2007","history":"/api/acts/swan-and-canning-rivers-transitional-regulations-2007/history","analysis":"/api/acts/swan-and-canning-rivers-transitional-regulations-2007/analysis","conflicts":"/api/acts/swan-and-canning-rivers-transitional-regulations-2007/conflicts","importantCases":"/api/acts/swan-and-canning-rivers-transitional-regulations-2007/important-cases","documents":"/api/acts/swan-and-canning-rivers-transitional-regulations-2007/documents"}}