Reserve 48325, being the land in Lot 300 on Deposited Plan 47450, Lot 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), Lots 304 – 306 (inclusive) on Deposited Plan 47453, Lot 4893 on Deposited Plan 157903, Lot 11523 on Deposited Plan 189858, Lots 13598 & 13599 on Deposited Plan 220695, Lot 13017 on Deposited Plan 193785, Lot 504 on Deposited Plan 408106, Lot 13949 on Deposited Plan 27474 and Lot 14082 on Deposited Plan 26651 comprising a total area of about 3002 ha.
Reserve 48326, being the land in Lot 320 on Deposited Plan 47467 and Lot 321 on Deposited Plan 47468 comprising a total area of about 36 ha.
Reserve 48327, being the land in Lots 310 & 311 on Deposited Plan 47439, Lots 312 & 313 on Deposited Plan 47440, Lots 314 – 316 (inclusive) on Deposited Plan 47441, Lot 4162 on Deposited Plan 93607, Lots 4367 & 4368 on Deposited Plan 194473, Lot 4369 on Deposited Plan 194474, Lot 4280 on Deposited Plan 215572 and Lot 4840 on Deposited Plan 32737 comprising a total area of about 558 ha.
[Schedule 4 amended: No. 47 of 2011 s. 27; Gazette 25 Sep 2007 p. 4787‑831 (as amended: Gazette 4 Mar 2016 p. 626; SL 2020/186 r. 4).]
Schedule 5 — Authorities
[s. 3, 6(1), 136(2)(a)]
The chief executive officers of the departments principally assisting in the administration of the following Acts, and any other person carrying out functions under the following Acts, to the extent that their functions relate to matters affected by this Act —
[(a) deleted]
(b) the Bush Fires Act 1954;
(c) the Community Titles Act 2018;
[(d) deleted]
(e) the Environmental Protection Act 1986;
(f) the Fire and Emergency Services Act 1998;
(g) the Fish Resources Management Act 1994;
(h) the Forest Products Act 2000;
(i) the Health (Miscellaneous Provisions) Act 1911;
(j) the Hope Valley‑Wattleup Redevelopment Act 2000;
(k) the Jetties Act 1926;
(l) the Land Administration Act 1997;
[(m) deleted]
(n) the Local Government Act 1995;
(o) the Main Roads Act 1930;
(p) the ;
Marine and Harbours Act 1981
(q) the Metropolitan Redevelopment Authority Act 2011;
(r) the Mining Act 1978;
(s) the Planning and Development Act 2005;
(t) the Port Authorities Act 1999;
(u) the Public Transport Authority Act 2003;
(v) the Rights in Water and Irrigation Act 1914;
(w) the Shipping and Pilotage Act 1967;
(x) the Soil and Land Conservation Act 1945;
[(y) deleted]
(z) the Strata Titles Act 1985;
[(aa) deleted]
(bb) the Transport Co‑ordination Act 1966;
(cc) the Water Agencies (Powers) Act 1984;
(dd) the Water Corporations Act 1995;
(eea) the Water Services Act 2012;
(ee) the Waterways Conservation Act 1976;
(ff) the Western Australian Land Authority Act 1992.
[2. deleted]
The Conservation and Parks Commission established under the Conservation and Land Management Act 1984.
[4‑6. deleted]
The Forest Products Commission established under the Forest Products Act 2000.
A local government or commissioner appointed under the Local Government Act 1995 to administer that local government.
The Commissioner of Main Roads appointed under the Main Roads Act 1930.
The National Trust of Australia (W.A.) established under the National Trust of Australia (W.A.) Act 1964.
10A. The Commissioner of Police appointed under the Police Act 1892.
The Public Transport Authority of Western Australia established under the Public Transport Authority Act 2003.
The Commissioner for Soil Conservation appointed under the Soil and Land Conservation Act 1945.
[13. deleted]
The Western Australian Land Authority established under the Western Australian Land Authority Act 1992.
The Western Australian Planning Commission established under the Planning and Development Act 2005.
A licensee as defined in the Water Services Act 2012 section 3(1).
The holder of a licence under the Electricity Industry Act 2004.
The holder of a distribution licence under the Energy Coordination Act 1994.
Any decision‑making authority as defined in the Environmental Protection Act 1986 section 3.
[Schedule 5 amended: No. 45 of 2011 s. 144(17) and (18); No. 22 of 2012 s. 143; No. 25 of 2012 s. 233; No. 6 of 2015 s. 49; No. 28 of 2015 s. 78; No. 19 of 2016 s. 101; No. 32 of 2018 s. 251; Gazette 25 Sep 2007 p. 4787‑831 (as amended: SL 2023/14 r. 10).]
Schedule 6 — Constitution and proceedings of the board
[s. 20]
Division 1 — General provisions
Term used: appointed member
appointed member means a person appointed under section 19(1)(a) or (c).
Term of office
(1) An appointed member holds office for such period, not exceeding 3 years, as is specified in the instrument of his or her appointment, and is eligible for reappointment.
(2) Despite subclause (1), if the period of office of an appointed member expires by effluxion of time without a person having been appointed to fill the vacancy, the appointed member continues in office until a person is appointed to fill the vacancy.
[3. Deleted: No. 6 of 2015 s. 50.]
Resignation and removal
(1) The office of an appointed member becomes vacant if —
(a) the member resigns the office by written notice addressed to the Minister;
(b) the member is an insolvent under administration as defined in the Corporations Act 2001 (Commonwealth);
(c) the member is absent, without leave of the Minister, from 3 consecutive meetings of which the member has had notice;
(d) the member is removed from office by the Minister under subclause (2).
(2) The Minister may remove an appointed member from office if the Minister is satisfied that the member —
(a) is incompetent, has misbehaved or has neglected his or her duties as a member; or
(b) is suffering from mental or physical incapacity impairing the performance of his or her functions.
Leave of absence
The Minister may grant leave of absence to a member on such terms and conditions as the Minister thinks fit.
Deputy chairman
The Minister must designate one of the members appointed under section 19(1)(a) as the deputy chairman of the board and that person has, during any period when the chairman is absent or otherwise unable to perform the functions of chairman, all of the functions and entitlements of the chairman.
Temporary members
(1) Where a member, other than the chairman, is unable to act by reason of sickness, absence or other cause, the Minister may appoint a person who, as far as is practicable, has similar knowledge and experience as that member to act in place of that member, and while so acting the appointee has all the functions and entitlements of a member.
(2) An appointment under subclause (1) may be revoked by the Minister at any time.
(3) If the deputy chairman is performing the functions of the chairman at a meeting, subclause (1) applies as though the deputy chairman were absent from the meeting.
(4) No act or omission of a person acting in place of another under this clause is to be questioned on the ground that the occasion for so acting had not arisen or had ceased.
Meetings, times and places of, quorum at etc.
(1) Subject to subclause (2), meetings must be held at the times and places determined by the board.
(2) The chairman or any 4 members may, on reasonable notice to all members, call a meeting at any time.
(3) At a meeting of the board, 5 members constitute a quorum.
(4) The chairman must preside at all meetings of the board at which he or she is present, or in which he or she is participating under clause 10.
(5) If both the chairman and the deputy chairman are not present or participating, the members present or participating must appoint a member to preside.
(6) Questions arising at a meeting of the board must be decided, in open voting, by a majority of the votes of members present.
(7) If the votes of members present or participating at a meeting and voting on a question are equally divided, the person presiding has a casting vote in addition to a deliberative vote.
(8) In this clause —
member includes a person who attends a meeting under section 22.
Resolution may be passed without meeting
(1) If —
(a) a document containing a statement to the effect that a resolution has been passed is sent or given to all members;
(b) the document is assented to by not less than 5 members,
that resolution is to be taken as having been passed by a meeting of the board.
(2) Subclause (1) does not apply to a resolution that relates to a relevant matter for a local government as defined in section 22(2) unless the local government has consented in writing to the passing of the resolution.
(3) For the purposes of subclause (1) —
(a) the meeting is to be taken as having been held —
(i) if the members assented to the document on the same day — on the day on which the document was assented to and at the time at which the document was last assented to by a member; or
(ii) if the members assented to the document on different days — on the day on which, and at the time at which, the document was last assented to by a member;
and
(b) 2 or more separate documents in identical terms each of which is assented to by one or more members are to be taken to constitute one document; and
(c) a member may signify assent to a document —
(i) by signing the document; or
(ii) by notifying the Trust of the member’s assent in person or by post, facsimile transmission, telephone, email or other method of written, electronic, audio or audiovisual communication.
(4) Where a member signifies assent to a document otherwise than by signing the document, the member must by way of confirmation sign the document at the next meeting of the board attended by the member, but failure to do so does not invalidate the resolution to which the document relates.
(5) Where a document is assented to in accordance with subclause (1), the document is to be taken as a minute of a meeting of the board.
(6) The chairman must report the passing of a resolution under subclause (1) to the next meeting of the board.
Meetings by telephone etc.
(1) In this clause —
member includes a person who participates in a meeting under section 22.
(2) A communication between a majority of members by telephone, audiovisual or other electronic means is a valid meeting of the board if —
(a) each participating member is capable of communicating with every other participating member instantaneously at all times during the proceedings; and
(b) all members were advised that the communication would be taking place and were given the opportunity to participate.
Minutes of meetings
The board must cause accurate records to be kept of the proceedings at its meetings.
Procedures
Subject to this Act, the board is to determine its own procedures.
Division 2 — Disclosure of interests
Term used: member
member includes a person who attends a meeting under section 22.
Material personal interests to be disclosed
(1) A member who has a material personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.
(2) A disclosure under subclause (1) must be recorded in the minutes of the meeting.
Member with material personal interest not to vote etc.
A member who has a material personal interest in a matter that is being considered by the board —
(a) must not vote whether at a meeting or otherwise —
(i) on the matter; or
(ii) on a proposed resolution under clause 16 in respect of the matter, whether relating to that member or a different member;
and
(b) must not be present while —
(i) the matter; or
(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),
is being considered at a meeting.
[Clause 15 amended: No. 6 of 2015 s. 53.]
Clause 15 may be declared inapplicable
Clause 15 does not apply if the board has at any time passed a resolution that —
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.
Quorum if cl. 15 applies
(1) Despite clause 8(3), if a member of the board is disqualified under clause 15 in relation to a matter, a quorum is present during the consideration of the matter if at least 4 members are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter.
(2) The Minister may deal with a matter to the extent that the board cannot deal with it because of subclause (1).
Minister may declare cl. 15 and 17 inapplicable
(1) The Minister may, in writing, declare that clause 15 or 17 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions.
(2) The Minister must cause a copy of a declaration made under subclause (1) to be laid before each House of Parliament or dealt with under clause 19 within 14 days after the declaration is made.
Supplementary provision about laying documents before Parliament
(1) If —
(a) at the commencement of a period referred to in clause 18(2) in respect of a document a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister must transmit a copy of the document to the Clerk of that House.
(2) A copy of a document transmitted to the Clerk of a House is to be —
(a) taken to have been laid before that House; and
(b) taken to be a document published by order or under the authority of that House.
(3) The laying of a copy of a document that is taken to have occurred under subclause (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
Schedule 7 — Local governments
[s. 22, 26]
[Heading amended: No. 45 of 2011 s. 144(19).]
City of Armadale
Town of Bassendean
City of Bayswater
City of Belmont
City of Canning
Town of Claremont
Town of East Fremantle
City of Fremantle
City of Gosnells
City of Kalamunda
City of Melville
Town of Mosman Park
Shire of Mundaring
City of Nedlands
Shire of Peppermint Grove
City of Perth
City of South Perth
City of Swan
Town of Victoria Park
City of Vincent
[Schedule 7 amended: No. 45 of 2011 s. 144(19); No. 6 of 2015 s. 53; Gazette 25 Sep 2007 p. 4787‑831 (as amended: SL 2023/14 r. 10).]
Schedule 8 — Prescribed regulations
[s. 125]
Item
Regulation
Description of offence
1
Litter Regulations 1981<br>regulation 4
Damage to litter receptacle
2
Litter Regulations 1981<br>regulation 5
Interference with litter receptacle
3
Litter Regulations 1981<br>regulation 6
Depositing domestic or commercial waste in litter receptacle
Disposing of material containing asbestos other than in accordance with regulation
dline
Notes
This is a compilation of the Swan and Canning Rivers Management Act 2006 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. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Swan and Canning Rivers Management Act 2006
51 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)
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Swan and Canning Rivers Management Regulations 2007 r. 45 published in Gazette 25 Sep 2007 p. 4787‑831
25 Sep 2007 (see note under r. 1 and Gazette 25 Sep 2007 p. 4835)
Reprint 1: The Swan and Canning Rivers Management Act 2006 as at 6 Mar 2009 (includes amendments listed above except those in Gazette 27 Jun 2014 p. 2328)
Statutes (Repeals and Minor Amendments) Act 2009 s. 17
46 of 2009
3 Dec 2009
4 Dec 2009 (see s. 2(b))
Public Sector Reform Act 2010 s. 89
39 of 2010
1 Oct 2010
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Personal Property Securities (Consequential Repeals and Amendments) Act 2011 Pt. 6 Div. 2
42 of 2011
4 Oct 2011
30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011)
Metropolitan Redevelopment Authority Act 2011 s. 144
45 of 2011
12 Oct 2011
31 Dec 2011 (see s. 2(b) and Gazette 30 Dec 2011 p. 5573)
Statutes (Repeals and Minor Amendments) Act 2011 s. 27
47 of 2011
25 Oct 2011
26 Oct 2011 (see s. 2(b))
Reprint 2: The Swan and Canning Rivers Management Act 2006 as at 15 Jun 2012 (includes amendments listed above except those in Gazette 27 Jun 2014 p. 2328)
Fire and Emergency Services Legislation Amendment Act 2012 Pt. 7 Div. 15
22 of 2012
29 Aug 2012
1 Nov 2012 (see s. 2(b) and Gazette 31 Oct 2012 p. 5255)
Commercial Arbitration Act 2012 s. 45 it. 20
23 of 2012
29 Aug 2012
7 Aug 2013 (see s. 1B(b) and Gazette 6 Aug 2013 p. 3677)
Water Services Legislation Amendment and Repeal Act 2012 s. 233
25 of 2012
3 Sep 2012
18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028)
Swan and Canning Rivers Management Regulations 2007 r. 45 published in Gazette 27 Jun 2014 p. 2328
28 Jun 2014 (see Gazette 27 June 2014 p. 2327)
Swan and Canning Rivers Management Amendment Act 2015 Pt. 2
6 of 2015
9 Mar 2015
1 Jul 2015 (see s. 2(b) and Gazette 19 Jun 2015 p. 2095)
Swan and Canning Rivers Management Regulations 2007 r. 45, 46 and 47 published in Gazette 4 Mar 2016 p. 625‑6
5 Mar 2016 (see Gazette 4 Mar 2016 p. 625)
Conservation and Land Management Amendment Act 2015 s. 78
28 of 2015
19 Oct 2015
7 May 2016 (see s. 2(b) and Gazette 6 May 2016 p. 1379‑80)
Public Health (Consequential Provisions) Act 2016 s. 101
19 of 2016
25 Jul 2016
24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165)
Reprint 3: The Swan and Canning Rivers Management Act 2006 as at 14 Oct 2016 (includes amendments listed above except those in the Public Health (Consequential Provisions) Act 2016)
Strata Titles Amendment Act 2018 Pt. 3 Div. 22
30 of 2018
19 Nov 2018
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2)
Swan and Canning Rivers Management Regulations 2007 r. 47(3) inserted by SL 2020/186 r. 4
30 Sep 2020 (see SL 2020/186 r. 2(b))
Community Titles Act 2018 Pt. 14 Div. 22
32 of 2018
19 Nov 2018
30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2)
Swan Valley Planning Act 2020 Pt. 10 Div. 15
45 of 2020
9 Dec 2020
1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2)
Swan and Canning Rivers Management Regulations 2007 r. 48 and 49 inserted by SL 2023/14 r. 10
25 Feb 2023 (see SL 2023/14 r. 2(b))
Swan and Canning Rivers Management Amendment Act 2023
2 of 2023
1 Mar 2023
s. 1 and 2: 1 Mar 2023 (see s. 2(a)); Act other than s. 1 and 2: 3 Jun 2023 (see s. 2(b) and SL 2023/62 cl. 2)
Directors’ Liability Reform Act 2023 Pt. 3 Div. 58
9 of 2023
4 Apr 2023
Pt. 3 Div. 58 (other than s. 146): 5 Apr 2023 (see s. 2(i)(ii) and (j)); s. 146: 3 Jun 2023 (see s. 2(i)(ii))
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title
Number and year
Assent
Commencement
Public Health (Consequential Provisions) Act 2016 Pt. 5 Div. 24
19 of 2016
25 Jul 2016
To be proclaimed (see s. 2(1)(c))
Aquatic Resources Management Act 2016 s. 372
53 of 2016
29 Nov 2016
To be proclaimed (see s. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
account 143(1)
affect 7(1)
alleged offender 122
amended Act 138
applicant 67
application 112(1)
appointed member Sch. 6 cl. 1
approval 67
approving authority 81(1)
assets 138
authorised person 123(1)
board 3(1)
CALM Act 3(1)
catchment area 3(1)
CEO 3(1)
chairman 3(1)
code 54(1)
combined licence and permit 150(1)
commencement day 138, 150(1)
committee 3(1)
Crown land 3(1)
default notice 32B(1)
Department 3(1)
Department’s website 3(1)
development 3(1), 67
development application 67
development control area 3(1)
document 28D(1)
dwelling 104
eligible person 28B(1), 38(1)
entry warrant 104
Executive Body 3(1)
financial assurance 118(1)
former 143(1)
former Act 138
former section 32 150(1)
Foundation 3(1)
Foundation Account 3(1)
high water mark 3(1)
information 28D(1)
inspector 3(1)
investigative purposes 104
land 3(1)
lease 29(1)
liability 138
licence agreement 3(1), 32(1)
licensee 32(1)
lot 3(1)
management programme 3(1)
member 3(1), 21(1), 134(1), Sch. 6 cl. 8(8), 10(1) and 13