Swan and Canning Rivers Management Regulations 2007 (Western Australia)

The Swan and Canning Rivers Management Regulations 2007 set out the routine regulatory architecture for controlling works, acts and activities within the Riverpark and the development control area that sit beneath the Swan and Canning Rivers Management Act 2006. Mechanically, the instrument does the following things.

It prescribes a (broad) list of routine activities that are excluded from the Act’s definition of “development”, for example signs, routine repairs, emergency works, erosion control in certain circumstances, temporary structures for limited periods, aircraft activities, maintenance dredging and scientific studies (regulation 4). Those exclusions narrow what is treated as development under the Act when applying the Act’s development approval regime (see reg 4 and the definition cross‑reference to the Act in the schedule notes).
It creates a parallel permit regime for non‑development activities (Division 2, Part 2) and for activities that remain regulated despite not being “development”. Many ordinary activities in the Riverpark require a permit from the Chief Executive Officer (CEO) of the administering department: exhibiting signs (r 9), repairs and maintenance in many locations (r 10), emergency works other than in narrowly defined circumstances (r 11), erosion control works (r 12), temporary structures (r 13), works by leaseholders (r 14A) and Schedule 5 authorities (r 14), fire hazard reduction (r 15), aircraft activities (r 16A), maintenance dredging (r 16B) and scientific studies (r 16C), among others.
It prescribes substantive land‑ and waters‑protection rules in Part 3, including prohibitions on commercial acts and activities without a permit (r 17), protections of banks and riverbed (r 18-19), protection of aquatic and riparian vegetation (r 21), limits on leaving vessels unattended above the high water mark (r 22A), limits on launching vessels from trailers (r 22), rules about living on vessels in the development control area (r 23), littering and deliberate breakage of glass or ceramic objects (r 25), and the requirement for permits for spectator events in the River reserve (r 26). Many of these prohibitions carry an express penalty of up to $5 000 (see the penalty words in the relevant regulations).

CrestWestern Australia

Swan and Canning Rivers Management Act 2006

Swan and Canning Rivers Management Regulations 2007

Western Australia

Swan and Canning Rivers Management Regulations 2007

Contents

Part 1 — Preliminary

Citation 1
Terms used 1

Part 2 — Development and regulation of related works, acts and activities

Division 1 — Development

Exclusions from development as defined in Act s. 3(1) 4
Development that CEO may approve (Act. s. 85(1)) 5
Form prescribed (Act s. 72) 6
Form prescribed (Act s. 89(4)) 6

Division 2 — Regulation of works, acts and activities that are not “development”

Application of this Division 6
Signs, restrictions on exhibiting 7
Repair and maintenance of existing structure, restrictions on 9
Emergency works etc., restrictions on 10
Erosion control, restrictions on 12
Temporary structures, restrictions on placing etc. 12

14A. Restrictions on works by leaseholders 13

Restrictions on works by Schedule 5 authorities 13
Fire hazard reduction, restrictions on 14

16A. Restrictions on aircraft activity 14

16B. Maintenance dredging, restrictions on 14

16C. Scientific studies, restrictions on 15

Part 3 — Protection of Riverpark and development control area

Application of this Part 16
Restrictions on commercial acts and activities 16
Banks of waters, protection of 17
River bed, restrictions on digging in 17
Worms etc., restrictions on digging for etc. 18
Vegetation, protection of 18

22A. Vessels unattended, and moorings, on land, restrictions on 19

Launching vessels from trailers, restrictions on 20
Living on vessels, restrictions on 21
Litter 21
Spectator events in River reserve, holding etc. 22

Part 4 — Permits

Permit for emergency works etc. (r. 11), application for 23
Permit under these regulations, application for 23
Grant of permit 24
Duration of permit 24
Conditions and restrictions on permit 24
Amendment of permit 25
CEO may revoke or suspend permit 25
Procedure to be followed before certain amendments, revocations and suspensions 27
Interim suspension of permit while procedure under r. 34 is followed 28
Approval in force at 25 Sep 2007, saving for 30

Part 5 — Infringement notices

Offences prescribed (Act s. 123) 31
Modified penalties prescribed (Act s. 123) 31
Infringement notice, form of prescribed (Act s. 123(3)) 31
Withdrawal of infringement notice, form of prescribed (Act s. 123(7)) 31

Part 6 — Other matters

Continuing offence, penalty for 32
Rate of interest prescribed (Act s. 103(4)) 32
Sch. 5 authority proposing to act in conflict with Act, procedure in case of 32
River reserve leases (Act s. 29), renewal and sublease of 33
Act Schedule 2 amended 33
Act Schedule 3 amended 34
Act Schedule 4 amended 34
Act Schedule 5 amended 35
Act Schedule 7 amended 35

Schedule 1 — Prescribed offences and modified penalties

Schedule 2 — Forms

Notes

Compilation table 47

Other notes 48

Defined terms

Swan and Canning Rivers Management Act 2006

Swan and Canning Rivers Management Regulations 2007

Part 1 — Preliminary

1. Citation

	These regulations are the *Swan and Canning Rivers Management Regulations 2007*.

Note:

Under 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.

2. Terms used

In these regulations, unless the contrary intention appears —

aircraft —

(a) means a machine that can derive support in the atmosphere from buoyancy or the reactions of the air; but

(b) does not include a hovercraft;

aircraft activity means all or any of the following —

(a) the landing or touching down of an aircraft;

(b) the take‑off of an aircraft;

(d) the embarkation of passengers onto or disembarkation of passengers from an aircraft;

(e) the loading of freight onto or the unloading of freight from an aircraft;

(f) the refuelling, servicing or repair of an aircraft;

commercial purpose means the purpose of sale or any other purpose that is directed to financial gain or reward;

commercial use means a use that is directed to financial gain or reward;

exhibit, in relation to a sign, includes —

(a) erect, place, stick, paint, stencil or affix at, on or to any place or thing; or

(b) display on a vehicle, vessel or inflatable object,

so as to be visible to a person in a public place;

former clause 30A means the Metropolitan Region Scheme clause 30A as in force from time to time before 31 March 2025;

leaseholder means a person who holds a lease for land within the Riverpark or development control area;

maintenance 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;

permit means a permit granted under regulation 29;

private property means freehold land other than land owned by a Schedule 5 authority;

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;

section means a section of the Act;

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;

spectator event means an event held in the Riverpark or development control area, intended to attract spectators or participants or provide entertainment;

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;

undertake, works, acts or activities, includes to cause the works, acts or activities to be undertaken;

vehicle means any thing used or capable of being used to transport people or things by air, road or rail;

vessel means any thing used or capable of being used to transport people or things by water.

[Regulation 2 amended: Gazette 28 Aug 2012 p. 4132-3; SL 2023/14 r. 4; SL 2024/253 r. 4.]

Part 2 — Development and regulation of related works, acts and activities

Division 1 — Development

[3. Deleted: Gazette 28 Aug 2012 p. 4133.]

4. Exclusions from development as defined in Act s. 3(1)

The following works, acts and activities do not constitute development for the purposes of the definition of that term in section 3(1) —

(a) the exhibition of a sign, including a traffic control sign or device;

(b) repairs to or maintenance of an existing structure which —

(i) are not related to a material change in the use of any part of the structure; and

(ii) do not alter the structure’s function or appearance;

(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;

(d) works, acts and activities urgently required to avoid or mitigate danger to public safety or significant damage to property or the environment;

(e) works, acts and activities undertaken —

(i) by a Schedule 5 authority for the purpose of controlling erosion; or

(ii) by any other person for the purpose of controlling erosion on private property that is contiguous with the River reserve;

(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;

(ga) works, acts and activities by leaseholders that are of a value less than $500 000;

(g) works, acts and activities by Schedule 5 authorities that are not for commercial purposes or use and —

(i) are carried out in accordance with a management programme; or

(ii) are of a value of less than $5 000 000;

(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;

(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;

(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;

(ja) aircraft activities;

(k) maintenance dredging in waters in the Riverpark or development control area;

(l) scientific studies.

[Regulation 4 amended: Gazette 28 Aug 2012 p. 4133; SL 2023/14 r. 5; SL 2024/35 r. 4.]

5. Development that CEO may approve (Act. s. 85(1))

The following works, acts and activities are prescribed for the purposes of section 85(1) —

(a) works that are not for commercial use and are carried out on private property;

(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.

[Regulation 5 amended: Gazette 28 Aug 2012 p. 4133.]

6. Form prescribed (Act s. 72)

Schedule 2 Form 1 is prescribed for the purposes of section 72.

[Regulation 6 amended: Gazette 28 Aug 2012 p. 4134.]

7. Form prescribed (Act s. 89(4))

Schedule 2 Form 2 is prescribed for the purposes of section 89(4).

[Regulation 7 amended: Gazette 28 Aug 2012 p. 4134.]

Division 2 — Regulation of works, acts and activities that are not “development”

8. Application of this Division

This Division does not apply to —

(a) anything done in accordance with an approval for the purposes of section 70; or

(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

(d) anything that may lawfully be done because of section 69(4).

[Regulation 8 inserted: SL 2023/63 r. 4; amended: SL 2024/253 r. 5.]

9. Signs, restrictions on exhibiting

(1) A person must not, unless the person has a permit to do so, exhibit a sign in the Riverpark or development control area.

Penalty for this subregulation: a fine of $5 000.

(2) Subregulation (1) does not apply to the following signs —

(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 —

(i) the approval was given prior to the coming into operation of these regulations; and

(ii) the sign is not changed;

(b) a sign exhibited by a Schedule 5 authority;

(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;

(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;

(f) a sign within a building;

(g) a sign providing a warning about security arrangements protecting premises or a facility;

(h) a sign exhibited on a notice board approved by the CEO for that purpose;

(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 —

(i) a newspaper or magazine poster; or

(ii) a sign exhibited on a shop window; or

(iii) a sign exhibited on street furniture or a bus shelter or seat; or

(iv) an election sign; or

(v) a real estate or property disposal sign; or

(vi) a community information sign; or

(vii) a direction sign; or

(viii) a name plate; or

(ix) a portable A frame sign or sandwich board not exceeding 1 m2; or

(x) a sign on a vehicle or vessel;

(j) a sign exhibited —

(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

(ii) in accordance with the approval or permission of that Schedule 5 authority; and

(iii) in the course of a spectator event;

(k) a sign exhibited in the River reserve in accordance with a permit granted under regulation 26;

(l) a sign exhibited on a vehicle or vessel that —

(i) identifies the manufacturer or type of vehicle or vessel, or is the name of the vehicle or vessel; or

(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

(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

(iv) is used for public transport or as a licensed taxi;

(m) a sign exhibited on clothing or personal items worn or carried by an individual.

(2A) In regulation 9(2)(i) —

local planning scheme includes the Swan Valley Planning Scheme in force under the Swan Valley Planning Act 2020.

(3) The CEO may transfer a permit granted for the purposes of this regulation from one person to another.

(4) The CEO may —

(a) remove any sign exhibited in contravention of this regulation; and

(b) dispose of the sign so removed as the CEO thinks fit.

(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.

[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.]

10. Repair and maintenance of existing structure, restrictions on

(1) In this regulation —

park means —

(a) land reserved under the Land Administration Act 1997 Part 4; or

(b) a nature reserve or marine reserve as those terms are defined in the Conservation and Land Management Act 1984; or

repairs to or maintenance of a structure, means repairs or maintenance that, but for regulation 4(b), would constitute development.

(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.

Penalty for this subregulation: a fine of $5 000.

(3) This regulation does not apply to —

(a) repairs to or maintenance of a structure that is wholly within private property; or

(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

(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

(d) works referred to in regulation 4(c).

[Regulation 10 amended: Gazette 28 Aug 2012 p. 4134; SL 2023/14 r. 12.]

11. Emergency works etc., restrictions on

(1) In this regulation —

emergency works, acts or activities means works, acts or activities that, but for regulation 4(d), would constitute development.

(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.

Penalty for this subregulation: a fine of $5 000.

(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.

(4) It is a defence to proceedings for an offence under this regulation if —

(a) the person charged with that offence proves that —

(i) the person took all reasonable precautions to avoid the need for the emergency works, acts or activities; and

(ii) it was not reasonably practicable to obtain a permit before undertaking the emergency works, acts or activities; and

(iii) as soon as was reasonably practicable the person gave the CEO written notification of the emergency works, acts or activities;

(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.

[Regulation 11 amended: Gazette 28 Aug 2012 p. 4134; 19 Jun 2015 p. 2100; SL 2023/14 r. 12.]

12. Erosion control, restrictions on

(1) In this regulation —

works means works that, but for regulation 4(e), would constitute development.

(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.

Penalty for this subregulation: a fine of $5 000.

(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 —

(a) the works comprise repairs or maintenance of a structure for erosion control; or

(b) the authority has a permit to do so.

Penalty for this subregulation: a fine of $5 000.

[Regulation 12 amended: Gazette 28 Aug 2012 p. 4135; SL 2023/14 r. 12.]

13. Temporary structures, restrictions on placing etc.

(1) In this regulation —

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).

(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 —

(a) the temporary structure relates to an act or activity referred to in regulation 17(2)(b); or

(b) the person has a permit to do so.

Penalty for this subregulation: a fine of $5 000.

[Regulation 13 amended: Gazette 28 Aug 2012 p. 4135; SL 2023/14 r. 12.]

14A. Restrictions on works by leaseholders

(1) In this regulation —

works 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.

(2) A leaseholder must not undertake any works in the Riverpark or development control area unless the leaseholder has a permit to do so.

Penalty for this subregulation: a fine of $5 000.

[Regulation 14A inserted: Gazette 28 Aug 2012 p. 4135; amended: SL 2023/14 r. 12; SL 2024/35 r. 5.]

14. Restrictions on works by Schedule 5 authorities

(1) In this regulation —

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.

(2) A Schedule 5 authority must not undertake any works in the Riverpark or development control area unless —

(a) the works are of a value less than $10 000; or

(b) the authority has a permit to do so.

Penalty for this subregulation: a fine of $5 000.

[Regulation 14 amended: Gazette 28 Aug 2012 p. 4136; SL 2023/14 r. 12; SL 2024/35 r. 6.]

15. Fire hazard reduction, restrictions on

(1) In this regulation —

fire hazard reduction means an activity that, but for regulation 4(i), would constitute development.

(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 —

(a) in accordance with a management programme; or

(b) in the course of fighting a fire.

Penalty for this subregulation: a fine of $5 000.

[Regulation 15 amended: Gazette 28 Aug 2012 p. 4136; SL 2023/14 r. 12.]

16A. Restrictions on aircraft activity

A person must not undertake any aircraft activity in the Riverpark or development control area unless —

(a) the activity is urgently required to avoid or mitigate danger to public safety or significant damage to property or the environment; or

(b) the person holds a permit to carry out the activity.

Penalty: a fine of $5 000.

[Regulation 16A inserted: SL 2023/14 r. 6; amended: SL 2023/63 r. 5.]

16B. Maintenance dredging, restrictions on

A person must not, except in accordance with a permit, undertake maintenance dredging in waters in the Riverpark or development control area.

Penalty: a fine of $5 000.

[Regulation 16B inserted: Gazette 28 Aug 2012 p. 4137.]

16C. Scientific studies, restrictions on

A person must not, except in accordance with a permit, undertake any scientific studies in the Riverpark or development control area.

Penalty: a fine of $5 000.

[Regulation 16C inserted: Gazette 28 Aug 2012 p. 4137.]

Part 3 — Protection of Riverpark and development control area

16. Application of this Part

This Part does not apply to —

(a) anything done in accordance with an approval for the purposes of section 70; or

(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

(d) anything that may lawfully be done because of section 69(4).

[Regulation 16 inserted: SL 2023/63 r. 6; amended: SL 2024/253 r. 6.]

17. Restrictions on commercial acts and activities

(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.

Penalty for this subregulation: a fine of $5 000.

(2) This regulation does not apply to an act or activity that —

(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

(b) is undertaken —

(i) in accordance with a licence granted under the Conservation and Land Management Regulations 2002 regulation 94; or

(ii) in accordance with a licence granted under the Fish Resources Management Regulations 1995 Part 11 Division 1 or 5; or

(iii) in accordance with a permit granted under regulation 26; or

(iv) in the course of an event referred to in regulation 26(4).

[Regulation 17 amended: Gazette 28 Aug 2012 p. 4137; 19 Jun 2015 p. 2098; SL 2023/14 r. 12; SL 2023/63 r. 7.]

18. Banks of waters, protection of

(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.

Penalty for this subregulation: a fine of $5 000.

(2) Without limiting subregulation (1), a reference in that subregulation to the doing of anything includes —

(a) the removal of any tree, shrub or other plant; and

(b) causing or permitting grazing by livestock.

[Regulation 18 amended: SL 2023/14 r. 12.]

19. River bed, restrictions on digging in

(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.

Penalty for this subregulation: a fine of $5 000.

(2) Subregulation (1) does not apply to —

(a) digging for the purpose of taking worms or invertebrates (although regulation 20 may apply); or

(b) anchoring vessels.

[Regulation 19 amended: SL 2023/14 r. 12.]

20. Worms etc., restrictions on digging for etc.

(1) A person must not, unless the person has a permit to do so —

(a) dig for worms or other invertebrates in the Riverpark; or

(b) take worms or other invertebrates from the Riverpark if the worms or other invertebrates were obtained by digging.

Penalty for this subregulation: a fine of $5 000.

(2) This regulation does not apply —

(a) if —

(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

(ii) any other material dug from the bed or subsoil is returned to the location from which it was taken;

(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).

[Regulation 20 amended: SL 2023/14 r. 12.]

21. Vegetation, protection of

(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.

Penalty for this subregulation: a fine of $5 000.

(2) Nothing in subregulation (1) applies to anything done —

(a) in the normal operations of a farm, orchard, plantation, vineyard or other commercial agricultural operation; or

(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

(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

(e) by way of fire hazard reduction carried out in accordance with a management programme; or

(f) in the creation of access tracks for fire hazard reduction in accordance with a management programme.

[Regulation 21 amended: SL 2023/14 r. 12.]

22A. Vessels unattended, and moorings, on land, restrictions on

(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 —

(a) the vessel is stored in a facility approved under Part 5 of the Act or by permit for that purpose; or

(b) the person has a permit to do so.

Penalty for this subregulation: a fine of $5 000.

(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.

Penalty for this subregulation: a fine of $5 000.

[Regulation 22A inserted: Gazette 28 Aug 2012 p. 4137-8; amended: Gazette 19 Jun 2015 p. 2098; SL 2023/14 r. 12.]

22. Launching vessels from trailers, restrictions on

(1) In this regulation —

permitted launching place means —

(a) a boat ramp —

(i) approved under the Swan River Trust Act 1988 1 or the Swan and Canning Rivers Management Act 2006; or

(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,

and that is licensed to be used under the Jetties Act 1926 section 7; or

(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;

trailer means a vehicle without its own motive power that is built to be towed, or is towed, by a vehicle.

(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.

Penalty for this subregulation: a fine of $5 000.

[Regulation 22 amended: Gazette 19 Jun 2015 p. 2098; SL 2023/14 r. 12.]

23. Living on vessels, restrictions on

A person must not use a vessel in waters in the development control area as living accommodation unless —

(a) the vessel is moored in an area approved by the CEO for the purposes of this regulation; or

(b) the person does not use the vessel as living accommodation for —

(i) a period of more than 6 consecutive days; or

(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.

Penalty: a fine of $5 000.

[Regulation 23 amended: Gazette 19 Jun 2015 p. 2100.]

[24. Deleted: SL 2024/35 r. 7.]

25. Litter

(1) In this regulation —

litter has the meaning given to that term by the Litter Act 1979.

(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.

Penalty for this subregulation: a fine of $5 000.

(3) A person must not deliberately break any glass, metal or earthenware object in the Riverpark.

Penalty for this subregulation: a fine of $5 000.

[Regulation 25 amended: SL 2023/14 r. 12.]

26. Spectator events in River reserve, holding etc.

[(1) deleted]

(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.

Penalty for this subregulation: a fine of $5 000.

(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.

(4) Subregulation (2) does not apply —

(a) in relation to an event for which permission is required under the Navigable Waters Regulations 1958 regulation 51C; or

(b) in relation to an event on land owned by or under the care, control and management of a Schedule 5 authority.

[Regulation 26 amended: Gazette 28 Aug 2012 p. 4138; SL 2023/14 r. 12.]

Part 4 — Permits

27. Permit for emergency works etc. (r. 11), application for

(1) In this regulation —

in writing includes by fax or electronic mail;

orally includes by telephone, radio or video conference.

(2) An application for a permit for the purposes of regulation 11 may be made to the CEO orally or in writing.

(3) The permit may be given to the applicant orally or in writing.

(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.

(5) The CEO may refuse to accept an application under this regulation and require the application to be made under regulation 28.

[Regulation 27 amended: Gazette 19 Jun 2015 p. 2100.]

28. Permit under these regulations, application for

(1) Except as provided in regulation 27, an application for a permit must —

(a) be made in a form and in the manner approved by the CEO; and

(b) provide the information required by the form; and

(2) The CEO may require an applicant to provide additional information reasonably related to an application before determining the application.

(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).

[Regulation 28 amended: Gazette 19 Jun 2015 p. 2100.]

29. Grant of permit

(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.

(2) A permit may be granted in combination with other permits.

(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.

[Regulation 29 amended: Gazette 19 Jun 2015 p. 2100; SL 2023/14 r. 7.]

30. Duration of permit

(1) Subject to these regulations, a permit has effect for the period specified in the permit.

(2) The CEO may, by written notice given to the holder of a permit, extend the period for which the permit has effect.

[Regulation 30 amended: SL 2023/14 r. 8.]

31. Conditions and restrictions on permit

(1) The CEO may impose conditions and restrictions on a permit.

(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.

(2) Conditions and restrictions imposed on a permit must be endorsed on or attached to the written permit.

(3) The holder of a permit who contravenes a condition or restriction imposed on the permit commits an offence.

Penalty for this subregulation: a fine of $5 000.

[Regulation 31 amended: Gazette 19 Jun 2015 p. 2100; SL 2023/14 r. 12; SL 2023/63 r. 8.]

32. Amendment of permit

(1) The CEO may amend a permit by correcting in the permit a clerical mistake or unintentional error or omission.

(2) The CEO may amend a permit to vary any conditions or restrictions imposed on the permit.

Note for this subregulation:

The 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.

(3) A permit may be amended under subregulation (1) or (2) —

(a) on application by the holder of the permit; or

(b) on the initiative of the CEO (with or without the consent of the holder of the permit).

(4) The CEO must give the holder of a permit written notice of an amendment of the permit under subregulation (1) or (2).

[Regulation 32 inserted: SL 2023/14 r. 9.]

33. CEO may revoke or suspend permit

(1) The CEO may revoke or suspend a permit if there are grounds to do so under subregulation (2).

Note for this subregulation:

The procedure under regulation 34 applies to a revocation or suspension under this subregulation.

(2) The grounds for revocation or suspension of a permit under subregulation (1) are that —

(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

(b) information contained in or supporting the application for the permit was false or misleading in a material respect; or

(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.

(3) The CEO may revoke a permit if —

(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

(b) the CEO considers that the other permit will be more appropriate in the circumstances.

Note for this subregulation:

The procedure under regulation 34 applies to a revocation under this subregulation.

(4) The CEO may revoke a permit with the consent of the holder of the permit.

(5) The CEO may revoke the suspension of a permit under subregulation (1) at any time.

(6) The CEO must give the holder of a permit written notice of —

(a) a revocation of the permit under subregulation (1), (3) or (4); or

(b) a suspension of the permit under subregulation (1); or

(7) A notice under subregulation (6)(b) must specify the period of suspension.

[Regulation 33 inserted: SL 2023/14 r. 9.]

34. Procedure to be followed before certain amendments, revocations and suspensions

(1) This regulation sets out the procedure that must be followed if the CEO proposes to do any of the following (the proposed action) —

(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;

(b) revoke a permit under regulation 33(1) or (3);

(2) The CEO must give the holder of the permit a written notice that —

(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

(b) invites the holder to make written representations to the CEO to show why the proposed action should not be taken; and

(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.

(4) Representations by the holder of the permit must be made in writing.

(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 —

(a) given written notice to the CEO that the holder does not intend to make representations; or

(b) made written representations to the CEO and given written notice to the CEO that the holder does not intend to make further representations.

(6) Before taking the proposed action, the CEO must consider any representations made by the holder of the permit in accordance with this regulation.

(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.

Note for this subregulation:

If 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.

[Regulation 34 inserted: SL 2023/14 r. 9.]

35. Interim suspension of permit while procedure under r. 34 is followed

(1) This regulation applies if —

(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

(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.

(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 —

(a) the day on which the CEO gives the holder written notice of —

(i) the revocation or suspension of the permit under regulation 33(1); or

(ii) the decision not to revoke or suspend the permit under regulation 33(1);

(b) the end of the period of suspension specified in the interim suspension notice.

(3) The interim suspension notice must —

(a) state that the permit is suspended with immediate effect; and

(b) specify a period of suspension not exceeding 6 weeks; and

(4) The interim suspension notice may form part of the notice given to the holder of the permit under regulation 34(2).

(5) The CEO may revoke the suspension of the permit under subregulation (2) at any time.

(6) The CEO must give the holder of the permit written notice of a revocation of the suspension of the permit under subregulation (5).

[Regulation 35 inserted: SL 2023/14 r. 9.]

36. Approval in force at 25 Sep 2007, saving for

Any 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.

Part 5 — Infringement notices

37. Offences prescribed (Act s. 123)

The offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 123.

[Regulation 37 amended: Gazette 28 Aug 2012 p. 4138.]

38. Modified penalties prescribed (Act s. 123)

The 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.

39. Infringement notice, form of prescribed (Act s. 123(3))

Schedule 2 Form 3 is prescribed for the purposes of section 123(3)(a).

[Regulation 39 amended: Gazette 28 Aug 2012 p. 4139.]

40. Withdrawal of infringement notice, form of prescribed (Act s. 123(7))

Schedule 2 Form 4 is prescribed for the purposes of section 123(7).

[Regulation 40 amended: Gazette 28 Aug 2012 p. 4139.]

Part 6 — Other matters

41. Continuing offence, penalty for

For each separate and further offence committed by a person under the Interpretation Act 1984, the penalty is a fine of $100.

42. Rate of interest prescribed (Act s. 103(4))

The rate of interest for the purposes of section 103(4) is —

(a) the rate of interest prescribed under the Civil Judgments Enforcement Act 2004 section 8(1)(a); or

(b) 6% per annum,

whichever is the higher rate.

[Regulation 42 amended: Gazette 28 Aug 2012 p. 4139.]

43. Sch. 5 authority proposing to act in conflict with Act, procedure in case of

(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 —

(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

(b) otherwise — as soon as practicable after becoming aware of the conflict.

(2) The notification must —

(a) state the particulars of the conflict, including —

(i) the provisions of the Act and the other written law that are in conflict; and

(ii) the situation that has given rise to the conflict;

and

(b) be accompanied by any written advice the Schedule 5 authority has received in relation to the conflict.

(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.

(4) This regulation does not affect the law relating to legal professional privilege.

[Regulation 43 amended: Gazette 19 Jun 2015 p. 2099.]

44. River reserve leases (Act s. 29), renewal and sublease of

(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 —

(a) for a period not exceeding the term of the lease that is renewed; and

(b) on the terms and conditions to which the lease was subject before its renewal.

(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.

[Regulation 44 amended: Gazette 28 Aug 2012 p. 4139; 19 Jun 2015 p. 2100-1.]

45. Act Schedule 2 amended

(1) Under section 13(1), this regulation amends Schedule 2 to the Act.

(2) Delete “47465.” and insert:

47465 Version 6.

[Regulation 45 inserted: Gazette 4 Mar 2016 p. 625.]

46. Act Schedule 3 amended

(1) Under section 13(1), this regulation amends Schedule 3 to the Act.

(2) Delete “47465.” and insert:

47465 Version 6.

[Regulation 46 inserted: Gazette 4 Mar 2016 p. 626.]

47. Act Schedule 4 amended

(1) Under section 13(1), this regulation amends Schedule 4 to the Act.

(2) In relation to Reserve 48325 delete “Lot 351 on Deposited Plan 59844,” and insert:

Lot 504 on Deposited Plan 408106,

(3) In relation to Reserve 48325 delete “Lot 301 on Deposited Plan 47451, Lots 302 & 303 on Deposited Plan 47452,” and insert:

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),

(4) In relation to Reserve 48325 delete “Lot 13949 on Deposited Plan 27474 and Lot 14082 on Deposited Plan 26651” and insert:

Lot 13949 on Deposited Plan 27474, Lot 14082 on Deposited Plan 26651 and Lot 501 on Deposited Plan 427718

[Regulation 47 inserted: Gazette 4 Mar 2016 p. 626; amended: SL 2020/186 r. 4; SL 2025/69 r. 4.]

48. Act Schedule 5 amended

(1) Under section 136(2)(a), this regulation amends Schedule 5 to the Act.

(2) After item 9 insert:

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.

[Regulation 48 inserted: SL 2023/14 r. 10.]

49. Act Schedule 7 amended

(1) Under section 136(2)(a), this regulation amends Schedule 7 to the Act.

(2) In the item for the Shire of Kalamunda delete “Shire” and insert:

City

(3) Delete the item for the City of Subiaco.

[Regulation 49 inserted: SL 2023/14 r. 10.]

Schedule 1 — Prescribed offences and modified penalties

[r. 37, 38]

Offences		Modified penalty
r. 9(1)	Exhibiting sign without permit	$200
r. 10(2)	Undertaking repairs or maintenance without permit	$200
r. 11(2)	Undertaking emergency work, act or activity without permit	$200
r. 12(2) or (3)	Undertaking works to control erosion without permit	$200
r. 13(2)	Placing or removing temporary structure without permit	$200
r. 14A(2)	Leaseholder undertaking works without permit	$200
r. 14(2)	Schedule 5 authority undertaking works without permit	$200
r. 15(2)	Undertaking fire hazard reduction without permit	$200
r. 16A	Undertaking aircraft activity without permit	$200
r. 16B	Undertaking maintenance dredging without permit	$200
r. 16C	Undertaking scientific studies without permit	$200
r. 17(1)	Undertaking activity for commercial purpose without permit	$200
r. 18(1)	Doing anything likely to bring about collapse or movement of banks	$200
r. 19(1)	Digging in bed or subsoil	$200
r. 20(1)	Digging for or taking worms or invertebrates	$200
r. 21(1)	Destroying or injuring tree, shrub or plant	$200
r. 22A(1)	Leaving vessel unattended on land without permit	$200
r. 22A(2)	Placing object to secure vessel on land without permit	$200
r. 22(2)	Launching vessel from trailer except at permitted launching place	$200
r. 23	Using vessel as living accommodation	$200
r. 25(2)	Littering Riverpark	$200
r. 25(3)	Breaking glass, metal or earthenware in Riverpark	$200
r. 26(2)	Organising or holding spectator event in River reserve without permit	$200
r. 31(3)	Contravening condition or restriction imposed on permit	$200

[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.]

Schedule 2 — Forms

[r. 6, 7, 39, 40]

Form 1

Swan and Canning Rivers Management Act 2006

Section 72

APPLICATION FOR APPROVAL OF DEVELOPMENT

1. Applicant details
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.
Name
Position (if applicable)
Organisation (if applicable)
Contact person
Postal address
Town/Suburb State Postcode
Telephone Work Mobile
Email
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
Applicant signature Date
2. Landowner details
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.
Details of first landowner
Name
Position (if applicable)
Organisation (if applicable)
Contact person
Postal address
Town/suburb State Postcode
I consent to this application being made.
First landowner signature Date
Details of second landowner (if applicable)
Name
Position (if applicable)
Organisation (if applicable)
Contact person
Postal address
Town/suburb State Postcode
I consent to this application being made.
Second landowner signature Date
3. Authorised agent details (if applicable)
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.
Details of authorised agent
Name
Position (if applicable)
Company/agency (if applicable)
ACN/ABN (if applicable)
Postal address
Town/suburb State Postcode
Telephone Work Mobile
Email
Authorised agent signature Date
4. Location of proposed development
Certificate of title information Volume Folio
Diagram/plan/deposit plan no.
Lot No.(s)
Location
Reserve No.(s) (if applicable)
Street No.(s) and name
Town/suburb
Nearest road intersection
5. Details of proposed development
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).
Estimated cost of development $
Current use of land Please describe below how the land is currently used.
Proposed development Please provide a summary of the proposed use and development. Additional detail should be provided as an attachment to this application form.

[Form 1 inserted: SL 2023/63 r. 10.]

Form 2

Swan and Canning Rivers Management Act 2006

Section 89(4)

CLAIM FOR COMPENSATION FOR INJURIOUS AFFECTION

I, BEING:

Name
Street Address
City Postcode
Telephone Work Home

AND THE OWNER OF THE FOLLOWING LAND:

House No.
Street
Location No.
Certificate of Title Volume Folio

CONSIDER THAT THE LAND HAS BEEN INJURIOUSLY AFFECTED BY REASON OF THE DECISION DATED IN WHICH AN APPLICATION FOR APPROVAL OF DEVELOPMENT WAS:

(please tick applicable box below)

Refused
Approved, but in a modified form
Approved or approved in a modified form, but subject to a condition or restriction unacceptable to me

I CLAIM AS COMPENSATION FOR THAT INJURIOUS AFFECTION THE SUM OF:

$

WHICH SUM IS MADE UP AS FOLLOWS:

SIGNED
DATE

[Form 2 amended: Gazette 19 Jun 2015 p. 2100.]

Form 3

Swan and Canning Rivers Management Act 2006Infringement notice Infringement Notice No.
Alleged offender Name: Family name
Given names
or Company name ____________________________________ ACN
Address: ________________________________________________ Postcode
Alleged offence Description of offence:
Swan and Canning Rivers Management Regulations 2007
Date: / /20 Time: a.m./p.m.
Modified penalty: $
Officer issuing notice Name:
Signature:
Office:
Date Date of notice: / /20
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 6842If 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.
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.

[Form 3 amended: Gazette 20 Aug 2013 p. 3858; 19 Jun 2015 p. 2100; SL 2020/166 r. 10.]

Form 4

Swan and Canning Rivers Management Act 2006Withdrawal of infringement notice Withdrawal No.
Alleged offender Name: Family name
Given names
or Company name _____________________________________ ACN
Address: _______________________________________________ Postcode
Infringement notice Infringement Notice No.:
Date of issue: / /20
Alleged offence Description of offence:
Swan and Canning Rivers Management Regulations 2007
Date: / /20 Time: a.m./p.m.
Officer withdrawing notice Name:
Signature:
Office:
Date Date of withdrawal: / /20
Withdrawal of infringement notice*[delete whichever is 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

[Form 4 amended: Gazette 19 Jun 2015 p. 2100.]

dline

Notes

This 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.

Compilation table

Citation	Published	Commencement
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)
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))
*Reprint 1: The Swan and Canning Rivers Management Regulations 2007* as at 23 Nov 2012** (includes amendments listed above)
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)
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))
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))
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))
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))
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))
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)
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))
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)
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))
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))
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))

Other notes

1 Repealed by the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006.

2 The regulation in these regulations repealing the Swan River Trust Regulations 1989 was omitted under the Reprints Act 1984 s. 7(4)(f).

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)

aircraft 2

aircraft activity 2

commercial purpose 2

commercial use 2

emergency works, acts or activities 11(1)

exhibit 2

fire hazard reduction 15(1)

former clause 30A 2

interim suspension notice 35(2)

in writing 27(1)

leaseholder 2

litter 25(1)

local planning scheme 9(2A)

maintenance dredging 2

orally 27(1)

park 10(1)

permit 2

permitted launching place 22(1)

private property 2

proposed action 34(1)

public place 2

repairs to or maintenance of 10(1)

section 2

sign 2

spectator event 2

structure 2

temporary structure 13(1)

trailer 22(1)

undertake 2

vehicle 2

vessel 2

works 12(1), 14A(1), 14(1)

This 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.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Swan and Canning Rivers Management Act 2006

Swan and Canning Rivers Management Regulations 2007

Western Australia

Swan and Canning Rivers Management Regulations 2007

Contents

Part 1 — Preliminary

Citation 1
Terms used 1

Part 2 — Development and regulation of related works, acts and activities

Division 1 — Development

Exclusions from development as defined in Act s. 3(1) 4
Development that CEO may approve (Act. s. 85(1)) 5
Form prescribed (Act s. 72) 6
Form prescribed (Act s. 89(4)) 6

Division 2 — Regulation of works, acts and activities that are not “development”

Application of this Division 6
Signs, restrictions on exhibiting 7
Repair and maintenance of existing structure, restrictions on 9
Emergency works etc., restrictions on 10
Erosion control, restrictions on 12
Temporary structures, restrictions on placing etc. 12

14A. Restrictions on works by leaseholders 13

Restrictions on works by Schedule 5 authorities 13
Fire hazard reduction, restrictions on 14

16A. Restrictions on aircraft activity 14

16B. Maintenance dredging, restrictions on 14

16C. Scientific studies, restrictions on 15

Part 3 — Protection of Riverpark and development control area

Application of this Part 16
Restrictions on commercial acts and activities 16
Banks of waters, protection of 17
River bed, restrictions on digging in 17
Worms etc., restrictions on digging for etc. 18
Vegetation, protection of 18

22A. Vessels unattended, and moorings, on land, restrictions on 19

Three main legal concepts structure the regulations: exclusions from “development”, a permit regime for regulated non‑development activities, and protective prohibitions with both criminal and infringement notice enforcement.

Exclusions from development (regulation 4). The regulations enumerate activities that do not constitute “development” for the purposes of the Act. That list includes exhibition of signs, limited repair and maintenance works that do not change function or appearance, inside‑building work with no external change, urgent safety works, erosion control by Schedule 5 authorities or adjacent private landowners, temporary structures up to six months, leaseholder works below $500 000 (r 4(ga)), non‑commercial Schedule 5 authority works below $5 000 000 (r 4(g)), aircraft activities, maintenance dredging and scientific studies. The practical effect is to exclude a specified set of lower‑impact or routine activities from the Act’s development definition, but not necessarily from all regulation; several of those same items remain subject to specific permit requirements elsewhere (notably r 14A, r 16B, r 16C).

Permits and CEO discretion (Part 4). The regulations centralise discretionary control in the CEO. The CEO can grant, refuse, combine and condition permits (r 29-31), require additional information (r 28(2)) and impose insurance as a condition (r 31(1A)). The CEO may correct clerical errors, vary conditions, amend, revoke or suspend permits (r 32-33). Where the CEO proposes to amend, revoke or suspend a permit on specific grounds, regulation 34 requires written notice to the holder setting out details and providing at least 14 days for written representations. An interim suspension power is available where there is an immediate and serious risk to ecological and community benefits, capped at 6 weeks (r 35). The CEO also has operational removal and disposal powers for unauthorised signs and may recover removal costs from the owner (r 9(4)-(5)).

Protective prohibitions and triage of offences. The regulations articulate protections specific to riparian and riverine values: preventing activities likely to cause bank collapse or movement (r 18), preventing digging in the riverbed except by permit (r 19) or limited worm‑digging exceptions (r 20), and prohibiting destruction or injury to vegetation (r 21). Part 3 also deals with vessels (r 22-23, 22A), littering (r 25) and spectator events (r 26). Enforcement is dual: many regulations state a pecuniary penalty of up to $5 000, while Schedule 1 prescribes the list of offences capable of being dealt with by infringement notice and sets a $200 modified penalty for each listed offence (Schedule 1 table). A continuing offences provision creates a per‑day or per‑instance fine of $100 under the Interpretation Act 1984 (r 41).

Cross‑statutory interaction and carve‑outs. The regulations give effect to a tiered regulatory approach by carving out activities authorised under other statutes or instruments from their application. For example, Division 2 and Part 3 each do not apply to things done in accordance with approvals under Act section 70, determinations under the Metropolitan Region Scheme clause 45 or former clause 30A, licence agreements, or lawful actions under section 69(4) of the Act (regs 8 and 16). Specific regulations refer to licences and approvals under other regimes, including the Conservation and Land Management Regulations 2002, Fish Resources Management Regulations 1995, Navigable Waters Regulations 1958, the Jetties Act 1926 and local planning schemes (r 17(2), r 22(1), r 9(2)(i) and r 9(2A)). These references create a practical compliance necessity to coordinate across licensing regimes.

Administrative forms and saving provisions. The regulations prescribe required forms for Act processes (Form 1 for development approval applications, Form 2 for compensation claims under s 89(4), Forms 3 and 4 for infringement notices and their withdrawal) and save prior approvals given under the repealed Swan River Trust Regulations 1989 by treating them as permits under these regulations (r 36).

Taken together, the concepts show a regulatory approach that (1) narrows “development” in some respects, (2) places many day‑to‑day activities under a CEO‑issued permit regime, and (3) protects riverine values through a mix of prohibitions, conditional permits and low‑level enforcement options.

The regulations identify a set of actors whose behaviour is regulated and specify who pays and who decides.

Primary decision maker: the CEO. The CEO of the administering department decides on permit applications, imposes conditions (including insurance), can amend, suspend or revoke permits and may remove signs and recover removal costs (r 29-33, r 9(4)-(5)). The CEO is the central administrative gatekeeper.

Persons carrying out activities in the Riverpark or development control area. That is a broad class: visitors, residents, commercial operators and contractors all fall within the geographic scope when acting in or on land and waters administered by the Trust. The regulations specifically regulate people who exhibit signs (r 9), undertake repairs and maintenance (r 10), emergency works (r 11), erosion control (r 12), place temporary structures (r 13), undertake fire hazard reduction (r 15), conduct aircraft activities (r 16A), maintenance dredging (r 16B), scientific studies (r 16C), commercial acts and activities (r 17), dig in the riverbed or remove worms/invertebrates (r 19-20), destroy vegetation (r 21), use vessels as accommodation (r 23), leave vessels unattended above high water mark (r 22A) and host spectator events (r 26). These persons face both permit obligations and penalties.

Leaseholders. Leaseholders receive specific attention. The regulations define “leaseholder” (r 2) and establish that certain leaseholder works of value under $500 000 are excluded from the Act’s definition of development (r 4(ga)). However, regulation 14A requires leaseholders not to undertake works (as defined at r 14A(1)) in the Riverpark or development control area unless they hold a permit, with a penalty of $5 000 (r 14A(2)). This means leaseholders are both beneficiaries of a monetary threshold within the definition of development and subject to a discrete permit obligation.

Schedule 5 authorities. The regulations refer multiple times to Schedule 5 authorities. Those bodies are subject to special rules: works by Schedule 5 authorities not for commercial purposes may be excluded from “development” where carried out in accordance with a management programme or where below a $5 000 000 threshold (r 4(g)), and regulation 14 imposes a permit requirement on Schedule 5 authorities for works of $10 000 or more (unless less than $10 000), with a $5 000 penalty (r 14). Regulation 48 amends Act Schedule 5 by adding the National Trust (WA) and the Commissioner of Police as Schedule 5 authorities (reg 48(2)), so those bodies will be affected by the Schedule 5 rules.

Owners and occupiers of adjacent private property. The regs directly regulate private landowners who undertake erosion control on private property contiguous with the River reserve (r 4(e), r 12(2)) and those who may wish to use private land for signage, spectator events or other activities subject to local law exemptions (r 9(2)(i), r 26(4)(b)).

Commercial operators and event organisers. Regulation 17 makes commercial acts and activities in the Riverpark and development control area permitable by the CEO, subject to certain exceptions (r 17(1)-(2)). Event organisers of spectator events are explicitly required to obtain permits to hold, organise or promote events in the River reserve unless certain other permissions apply (r 26).

Users of vessels. Owners and operators of vessels are affected by multiple rules: restrictions on launching from trailers (r 22), limits on living aboard in the development control area (r 23), prohibitions on leaving a vessel unattended above the high water mark for more than eight hours unless stored in an approved facility or by permit (r 22A), and anchoring and excavation limits in the river bed (r 19).

Public authorities under other statutes. Several carve‑outs recognise that authorisations under other statutes will displace these regulations in specific circumstances. For example, activities authorised under licences in the Conservation and Land Management Regulations 2002, Fish Resources Management Regulations 1995 and permissions under the Navigable Waters Regulations 1958 are carved out from the commercial acts prohibition in r 17(2). The Jetties Act 1926 is referenced in defining permitted launching places for trailer launchings (r 22(1)). This creates a need for coordination among regulatory regimes where parties hold licences under different statutes.

Those who pay. Financial burdens fall on permit applicants (application fees as prescribed, r 28(1)(c)), those penalised for contraventions who face fines up to $5 000 per breach and the recipients of infringement notices with a $200 modified penalty (Schedule 1). The CEO can recover sign removal costs from the owner (r 9(5)). Insurance may be required as a permit condition (r 31(1A)), transferring cost risk to permit holders.

Overall, the regulations cast a wide net over anyone doing works, acts or activities in the Riverpark and development control area, with special attention to leaseholders, Schedule 5 authorities, commercial users and vessel operators, while the CEO is the principal decision maker and enforcer.

The regulations create affirmative duties to obtain permits for an enumerated range of activities, impose duties to comply with permit conditions, and provide procedural rights for permit holders facing amendment, suspension or revocation.

Duties to obtain permits. There is a general duty to hold a permit for many specific activities listed throughout Part 2 and Part 3. Examples include exhibiting signs (r 9(1)), undertaking repairs or maintenance that would otherwise be development within the Riverpark or development control area (r 10(2)), undertaking emergency works except in narrowly defined and defensible circumstances (r 11(2)), undertaking erosion control works on land in the development control area (r 12(2)), placing or removing temporary structures (r 13(2)), leaseholders undertaking works (r 14A(2)), Schedule 5 authorities undertaking works above $10 000 unless otherwise exempt (r 14(2)), fire hazard reduction unless carried out under a management programme or in the course of fighting a fire (r 15(2)), aircraft activity unless urgent or permitted (r 16A), maintenance dredging (r 16B), scientific studies (r 16C), commercial acts and activities (r 17(1)), doing anything likely to bring about bank collapse (r 18(1)), digging in the river bed (r 19(1)), digging for worms or invertebrates (r 20(1)), destroying or injuring vegetation (r 21(1)), leaving vessels unattended above high water mark for 8 hours or more (r 22A(1)), placing mooring objects above the high water mark (r 22A(2)), launching a vessel from a trailer except at a permitted launching place (r 22(2)), using a vessel as living accommodation in restricted circumstances (r 23), and organising or holding spectator events (r 26(2)). Each of these generally requires a permit or fits within a specific exemption.

Duty to comply with permit conditions and to maintain any required insurance. The CEO may impose conditions on a permit and may require the permit holder to take out and maintain insurance related to the activity (r 31(1) and (1A)). Conditions and restrictions must be endorsed on or attached to the written permit (r 31(2)), and contravention of a condition is an offence (r 31(3)).

Procedural rights relating to amendments, suspensions and revocation. Regulation 34 creates a statutory procedure that must be followed where the CEO proposes to amend a permit on the CEO’s initiative without the holder’s consent, to revoke under certain grounds or to suspend a permit. The CEO must give written notice of the proposed action, set out particulars, invite written representations and allow at least 14 days for representations (r 34(2)-(3)). The CEO must consider any representations prior to taking the proposed action (r 34(6)), and must give notice if the CEO decides not to take the action (r 34(7)). Regulation 35 grants the CEO power to impose an interim suspension where there is an immediate and serious risk, but it must be given by written notice, be limited to a period not exceeding 6 weeks, and the CEO must give notice of any subsequent revocation of the suspension (r 35).

Rights relating to emergency works. Regulation 11 provides a specific defence against prosecution for undertaking emergency works without a permit if the defendant proves reasonable precautions were taken to avoid the emergency, that obtaining a permit was not reasonably practicable, and that the CEO was notified in writing as soon as practicable (r 11(4)(a)). There is also a defence where an applicant proves they applied for a permit and the court finds that a permit should have been granted (r 11(4)(b)).

Rights under other statutory regimes recognised. The regulations repeatedly exclude activities done under approvals or licences granted under other statutory regimes from application of certain parts. For example, Division 2 and Part 3 do not apply to anything done in accordance with an approval for the purposes of section 70 of the Act, determinations of the Western Australian Planning Commission under the Metropolitan Region Scheme clause 45 or former clause 30A, licence agreements, or actions permitted because of section 69(4) of the Act (regs 8 and 16). Regulation 17(2) lists specific licences that displace the need for a permit under that regulation, including licences under the Conservation and Land Management Regulations 2002 and the Fish Resources Management Regulations 1995, and activities for which permission under the Navigable Waters Regulations 1958 is required (r 17(2)(a)-(b), (iv)). These carve‑outs create rights to proceed under those other statutory permissions without a separate permit under these regulations, but they also obligate actors to ensure they hold the relevant other licence or permission.

Administrative entitlements concerning approvals in force. Regulation 36 saves approvals given under the former Swan River Trust Regulations 1989 by treating them as permits under these regulations. That provides continuity of rights for existing approvals at the time of the transition.

Right to seek compensation for injurious affection under Act processes. The regulations prescribe a form for a claim for compensation for injurious affection under section 89(4) of the Act (r 7 and Schedule 2 Form 2). While the regulations do not set the governing legal test for compensation, they provide the administrative vehicle for lodging such a claim.

Enforcement and low‑level resolution options. The regulations furnish a two‑tier enforcement mechanism. For many breaches, the CEO may issue infringement notices under section 123 of the Act as the offences are prescribed in Schedule 1; the modified penalty for those Schedule 1 offences is $200 (regs 37-38 and Schedule 1). The regulations also preserve the capacity for court prosecution with higher penalties where relevant (for example, $5 000 specified in many regs). The CEO may also remove unauthorised signs and recover removal or disposal costs (r 9(4)-(5)).

In short, the regulations place primary duties on actors to obtain permits for many specified activities, require compliance with permit conditions (including insurance if imposed), provide notice and representation rights ahead of a permit being amended, suspended or revoked, and preserve both administrative remedy pathways and court‑based enforcement.

Penalties are structured in two layers: (1) statutory maximum penalties stated in individual regulations and (2) a separate infringement notice system with prescribed modified penalties.

Statutory penalty framework. Many regulations specify a “Penalty for this subregulation” of a fine of $5 000. Examples include exhibiting a sign without a permit (r 9(1)), undertaking repairs or maintenance without a permit (r 10(2)), undertaking emergency works without a permit (r 11(2)), erosion control or Schedule 5 authority works without a permit (r 12(2)-(3)), placing or removing temporary structures without a permit (r 13(2)), leaseholders and Schedule 5 authorities undertaking works without a permit (r 14A(2) and r 14(2)), fire hazard reduction without a permit (r 15(2)), aircraft activity without a permit (r 16A), maintenance dredging without a permit (r 16B), scientific studies without a permit (r 16C), commercial acts and activities without a permit (r 17(1)), bank collapse causing activities (r 18(1)), digging in the river bed (r 19(1)), digging for worms or invertebrates (r 20(1)), destroying or injuring vegetation (r 21(1)), placing objects to secure vessels on land (r 22A(2)), launching vessels from trailers except at permitted places (r 22(2)), living on vessels in contravention of the rule (r 23), littering (r 25(2)) and deliberately breaking glass or similar in the Riverpark (r 25(3)), and organising spectator events without a permit (r 26(2)). Regulation 31(3) further specifies that contravening a condition or restriction on a permit is an offence with a $5 000 penalty.

Infringement notices and modified penalties. Regulation 37 prescribes the offences in Schedule 1 as suitable for infringement notices under section 123 of the Act; regulation 38 prescribes the modified penalties set out in Schedule 1. Schedule 1 lists the regulated offences and assigns a modified penalty of $200 to each listed offence. Thus many breaches can be dealt with through an infringement notice with a $200 penalty, providing an administratively cheaper and faster enforcement option than court prosecution. The administrative forms for issuing and withdrawing infringement notices are prescribed in Schedule 2 Forms 3 and 4 (regs 39-40).

Continuing offences and interest. Regulation 41 provides for a continuing offence penalty: for each separate and further offence committed by a person under the Interpretation Act 1984, the penalty is a fine of $100. This captures repeated contraventions as distinct offences. Regulation 42 prescribes the applicable rate of interest for the purposes of section 103(4) of the Act: the higher of the interest rate under the Civil Judgments Enforcement Act 2004 s 8(1)(a) or 6% per annum.

CEO operational enforcement powers. The CEO may remove any sign exhibited contrary to r 9 and may dispose of it as the CEO thinks fit (r 9(4)). The CEO may recover removal or disposal costs from the owner in a court of competent jurisdiction (r 9(5)). The CEO also has the power to issue, grant, amend, suspend or revoke permits (r 29-33). Regulation 34 prescribes a notice and representation procedure prior to certain CEO‑initiated amendments, suspensions or revocations; the CEO must allow at least a 14‑day period for the holder to make written representations (r 34(2)-(3)). Regulation 35 gives the CEO immediate interim suspension power where there is an immediate and serious risk to ecological and community benefits, limited to not more than 6 weeks (r 35(2)-(3)).

Cost recovery and civil consequences. Beyond fines and infringement notices, the CEO may recover removal costs for unauthorised signs (r 9(5)). The Form 3 infringement notice includes a statement of possible enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994, such as licence suspensions, garnishment and seizure for unpaid modified penalties (Schedule 2 Form 3). Where approvals under previous regulatory instruments were in force prior to these regulations, they are saved as permits under these regulations (r 36), which has implications for enforcement continuity.

Practical enforcement trade‑offs. The dual system of $200 modified penalties for infringement notices and the higher $5 000 statutory penalty on conviction enables graduated enforcement. The CEO’s operational discretion to issue infringement notices, suspend or revoke permits, remove unauthorised signs and recover costs concentrates enforcement discretion in the administering agency. Permit conditions can include insurance requirements, shifting financial risk to permit holders (r 31(1A)). The interim suspension power provides an administrative stopgap where urgent risk exists, but is time‑limited and must be followed by the procedure in regulation 34 if a longer suspension or revocation is proposed.

In sum, the regulations combine administrative infringement mechanisms for routine or minor non‑compliance with court‑level penalties for serious contraventions, and vest significant enforcement discretion in the CEO with accompanying procedural notice rights for permit holders.

The regulations expressly interlock with multiple other Acts and statutory instruments, creating cross‑regulatory dependencies that affect compliance pathways and jurisdictional competence.

Carve‑outs for approvals and licences. Two thresholds consistently exclude regulatory overlap where other authorities have acted. Division 2 (r 8) and Part 3 (r 16) each state they do not apply to anything done in accordance with an approval for the purposes of section 70 of the Act; determinations of the Western Australian Planning Commission under the Metropolitan Region Scheme clause 45 or former clause 30A; anything done in accordance with a licence agreement; or anything that may be lawfully done because of section 69(4) of the Act (r 8 and r 16). These carve‑outs mean that actions taken under those specific Act processes or WAPC determinations are not subject to the Division 2 or Part 3 prohibitions, shifting regulatory primacy to the alternative statutory permission where it exists.

Reference to other environmental and navigational regimes. Regulation 17(2) explicitly excludes certain activities from the commercial acts prohibition where they are undertaken in accordance with licences under other Acts or regulations: licences under the Conservation and Land Management Regulations 2002 regulation 94, licences under the Fish Resources Management Regulations 1995 Part 11 Division 1 or 5, a permit granted under regulation 26 of these regulations, or activities for which permission is required under the Navigable Waters Regulations 1958 regulation 51C. The effect is that licence‑holders under those regimes can, in specified circumstances, operate without a separate permit under r 17(1). The Jetties Act 1926 s 7 is referenced in r 22(1) to define a permitted launching place in terms of licences to use boat ramps. Regulation 25 incorporates the Litter Act 1979 definition of “litter” (r 25(1)). Regulation 10 refers to land reserved under the Land Administration Act 1997 and reserves under the Conservation and Land Management Act 1984 when defining “park” and specifying where the repairs/maintenance permit rule does not apply (r 10(1) and r 10(3)). These explicit references oblige applicants to check consent and licence status under multiple statutes when planning activities.

Schedules to the Act and state planning instruments. The regulations refer to the Metropolitan Region Scheme clause 45 or former clause 30A, and regulation 9(2A) broadens “local planning scheme” within the exceptions to include the Swan Valley Planning Scheme under the Swan Valley Planning Act 2020. Regulation 36 saves prior approvals under the repealed Swan River Trust Regulations 1989 by treating them as permits under these regulations. The regulations also effect amendments to schedules of the Act (regs 45-49), demonstrating that the regulations modify the administrative lists attached to the Act itself. Where WAPC determinations apply, the regulations defer to those determinations (r 8 and r 16).

Interplay with Act provisions. The regulations are operationally subordinate to, and designed to implement, the Act. Multiple regulations are expressed to be “for the purposes of” particular Act sections: r 4 refers to the Act’s definition of development, r 5 prescribes for the purposes of s 85(1) works that the CEO may approve, r 6 prescribes Schedule 2 Form 1 for section 72, and r 7 prescribes Form 2 for s 89(4). The infringement notice power is exercised under section 123 of the Act and the regulations prescribe which offences are suitable and what the modified penalties are (r 37-38). Regulation 43 sets a procedure to be followed where a Schedule 5 authority proposes to exercise a power under another written law that conflicts with a provision of the Act, requiring written notification to the CEO and particulars of the conflict; that procedure is supplementary to the Act and targeted at coordination between authorities (r 43).

Operational interaction with local laws. Regulation 9 contains a long list of sign categories that are exempt from the requirement to hold a permit; paragraph (i) exempts signs that comply with a local law or local planning scheme relating to signs, attaching practical significance to local government rules. Regulation 9(2A) explicitly includes the Swan Valley Planning Scheme in the definition of local planning scheme for the purposes of the exception.

Multiple enforcement regimes and remedies. The regulations tie into the Fines, Penalties and Infringement Notices Enforcement Act 1994 (via the infringement notice form in Schedule 2), and interest rates for debts are tied to the Civil Judgments Enforcement Act 2004 or set at 6% p.a., whichever is higher (r 42). The interplay signals that unpaid modified penalties may be pursued through the state’s enforcement machinery.

Who decides when regimes overlap. The CEO plays a central co‑ordination role, but the regulations do not displace the statutory decision‑making powers of other regulators where licences, approvals or WAPC determinations apply. For Schedule 5 authorities that identify a conflict with the Act, the regulations require notification to the CEO with particulars and any written advice the authority has received (r 43). This creates a structured inter‑agency notice requirement where two statutory powers overlap.

In practical compliance terms, this means that an actor planning works in or near the Riverpark is likely to face a checklist of permissions across the Act’s permit regime, local planning instruments, and environmental, fisheries and navigational licences. The regulations therefore operate as a coordination layer rather than as a single exclusive source of permission.

The regulations include a compiled amendment history recorded within the instrument and specifically annotate many provisions with the dates and instruments of amendment. Key chronological milestones and noteworthy changes apparent from the compilation table and regulation marginal notes are the following.

Original enactment and commencement: The Swan and Canning Rivers Management Regulations 2007 were published 25 September 2007 and took effect on that date (see reg 1 note and compilation table entry for 25 Sep 2007).
2012 Amendment (Swan and Canning Rivers Management Amendment Regulations 2012): A substantial amendment package was made on 28-29 August 2012. Several regulations show textual amendment effective from that Gazette entry (see marginal annotations throughout regs, e.g. regs 4, 5, 9, 10, 12, 13, 14A/14, 15 and Schedule 1). Regulation 14A (restrictions on works by leaseholders) was inserted by Gazette 28 Aug 2012 p. 4135 and remains marked as an insertion from that instrument.
2013-2016 amendments: The regulations were further amended in 2013 (SL 2013), 2014 (SL 2014) and 2015 (SL 2015) with various technical and substantive updates. The marginal notes record amendments on 20 Aug 2013, 27-28 June 2014, and 19 June/1 July 2015 affecting forms and enforcement provisions among others. A 2016 amendment (Gazette 4 Mar 2016) updated Act Schedules 2-4 references (regs 45-47).
2020-2021 amendments: An Environment Regulations Amendment (Infringement Notices) Regulation 2020 (SL 2020/166) amended infringement‑related processes effective 29 Sep 2020; the Swan and Canning Regulations were also amended by SL 2020/186 (29-30 Sep 2020). A 2021 amendment (SL 2021/131) made further modifications effective 1 Aug 2021.
2023 amendments: The regulations were amended by two instruments in 2023. SL 2023/14 (24-25 Feb 2023) introduced a number of updates annotated on many provisions (see r 2, r 4, r 9, r 12-16, r 31-35, r 45-49 and Schedule 1). SL 2023/63 (2-3 Jun 2023) added Form 1 (Schedule 2 Form 1) and other procedural refinements (noted in marginal notes to regs 27 and Schedule 2).
2024-2025 amendments: SL 2024/35 (20-21 Mar 2024) and SL 2024/253 (11 Dec 2024 with later commencement 31 Mar 2025 for some provisions) effected further edits, including updates to definitions and Schedule amendments. SL 2025/69 (14-15 May 2025) amended Schedule 4 mapping entries (reg 47) and other schedule items.

Textual evidence of amendments is visible in the marginal annotations after many regulations. Specific insertions identified in the body include r 14A (inserted Gazette 28 Aug 2012 p. 4135), r 16A (inserted SL 2023/14 r 6), and regs 16B and 16C (inserted Gazette 28 Aug 2012 p. 4137). Regulation 48 (Act Schedule 5 amended) inserted items adding the National Trust of Australia (WA) and the Commissioner of Police as Schedule 5 authorities by SL 2023/14 r 10. Regulation 49 amended Act Schedule 7 by changing the Shire of Kalamunda to City of Kalamunda and deleting the item for the City of Subiaco (SL 2023/14 r 10).

Form changes are recorded: Schedule 2 Form 1 (Application for Approval of Development) was inserted by SL 2023/63 r 10, Form 2 (Claim for Compensation) was amended in 2015 and again in 2023 references, and Forms 3 and 4 (infringement notice and withdrawal) were amended in 2013, 2015 and 2020 (see Schedule 2 marginal notes).

The compilation table lists the instruments, publication dates and commencement dates for each amendment, providing the required chain of custody for legal practitioners to check which provisions were in force at any particular date. The marginal notes appended after individual regulations make clear where specific insertions and amendments occurred and the Gazette or SL instrument responsible.

Practitioners should consult the compilation table entries and the marginal notes in the regulations when determining which text applied at a historical date, particularly because some amendments have staggered commencements (e.g. SL 2024/253's later commencement date on 31 March 2025 for certain provisions).

The text of the regulations and the compilation provided contains no case law, judicial determinations or administrative appeals recorded in the instrument itself. The regulations include procedural protections and administrative steps for permit holders (notably regulation 34 requiring at least 14 days for written representations and regulation 35 providing a time‑limited interim suspension power), but the regulations do not set out any specific tribunal appeals pathway or statutory review mechanism within the regulations themselves.

What the instrument does show, and which is relevant to potential litigation or dispute, are the following points drawn from the text.

The CEO is granted wide administrative discretion over grants, conditions, amendment, suspension and revocation of permits (regs 29, 31-33). The statutory procedure in regulation 34 affords administrative procedural fairness in the form of notice and an opportunity to make written representations prior to certain CEO actions. That procedural design is a relevant pre‑litigation step: courts commonly review administrative decisions for jurisdictional error, failure to afford procedural fairness, or unreasonableness, but the regulations themselves are silent as to judicial review, appeals or merits review bodies. The existence of the procedural notice period is therefore a factor that may be considered in any subsequent review.
Interim suspension is limited and specific: the CEO may immediately suspend a permit if there is an immediate and serious risk to the Riverpark’s ecological and community benefits, but that interim suspension is only until the earlier of the CEO’s later action or the end of a suspension period not exceeding six weeks (r 35(2)-(3)). A permit holder subject to an interim suspension has express notice rights under r 35(3)-(6). Any litigation challenging an interim suspension would therefore have to be brought in the context of those express statutory limits and the subsequent procedure under r 34.
The regulations provide a statutory form for claims for compensation for injurious affection (Form 2, Schedule 2, for Act s 89(4) claims). While the regulations do not set the legal principles for compensation, the presence of the claim form indicates an administrative route exists under the Act for persons asserting injurious affection because of decisions on development approvals.
The enforcement architecture provides a graduated administrative sanction (infringement notices with $200 modified penalty) and court‑based penalties up to $5 000 for many contraventions (Schedule 1; regs with “Penalty” wording). The presence of both administrative and judicial enforcement paths means multiple procedural and evidentiary standards may apply to disputed enforcement action.

Because the instrument contains no recorded litigation history, practitioners needing to assess potential case law will have to search court and tribunal databases for decisions involving these regulations or the parent Act. The regulations themselves indicate where administrative review rights and defences exist (for example, the emergency works defence in r 11(4)), which informs how a litigated dispute may be framed.

The regulations contain several practical traps for practitioners, applicants and landowners to watch for; these arise from cross‑references, contrasts between exemptions and permit obligations, CEO discretion and the separation between modified penalties and higher statutory fines.

Exclusions do not always mean “no permit”. Regulation 4 lists activities that do not constitute “development” for the purposes of the Act. However, several of the same activities are nevertheless subject to express permit requirements elsewhere. A salient example is leaseholder works. Regulation 4(ga) excludes works by leaseholders under $500 000 from the definition of development, but regulation 14A then requires leaseholders not to undertake any works of the type defined in r 14A(1) in the Riverpark or development control area unless they have a permit (r 14A(2)). Practically, a landholder could wrongly assume that the r 4 exclusion removes any permit requirement; the correct reading is that the exclusions change development status but do not remove all separate permit obligations set out in other regulations.

Divergence between modified penalty and statutory penalty. Schedule 1 sets a modified penalty of $200 for listed offences while many of the same regulations state a penalty of $5 000 for the same conduct on conviction (for example, r 9(1) vs Schedule 1 entry for r 9(1)). Practitioners must be careful: an infringement notice attracts the $200 modified penalty and avoids court, but a court conviction can attract a much larger fine. The availability of the administrative option may incentivise rapid resolution, but it does not preclude prosecution.

CEO discretion and insurance. The CEO may impose conditions requiring the permit holder to take out and maintain insurance (r 31(1A)). That has cost implications for applicants and may make otherwise economically marginal activities commercially unviable. Because the CEO’s power to condition is broad, applicants should budget for potential insurance and other compliance costs.

Interim suspension with limited time horizon. The CEO can immediately suspend a permit if there is an immediate and serious risk (r 35). The interim suspension is capped at six weeks, but it may be immediately effective and disrupt business operations. The holder’s remedy is to make written representations under regulation 34, but that may come after the interim suspension is already in place. Permit holders with ongoing activities should factor this operational risk into planning.

Multiple licences may be required. The regulations frequently refer to other statutory licences and approvals; for some commercial activities the operator will need to hold licences under Conservation and Land Management Regulations, Fish Resources Management Regulations, Navigable Waters Regulations or relevant local planning schemes to avoid duplication or to rely on carve‑outs (r 17(2), r 9(2)(i), r 22(1)). Practically, this requires cross‑agency coordination and potentially parallel applications, which adds time and transaction costs.

Vessel rules and living aboard. Regulation 23 has specific time limits for using a vessel as living accommodation in the development control area: only where moored in an area approved by the CEO, or else not for more than six consecutive days or more than ten separate days in any 30‑day period. Harbourside or houseboat operators must monitor occupancy periods strictly to avoid breaches attracting a $5 000 penalty or a $200 infringement notice (Schedule 1).

Launch points and trailer launching. Regulation 22(1) defines “permitted launching place” narrowly and ties it to boat ramps approved under the former Swan River Trust Act or the Act and licensed under the Jetties Act 1926 s 7, or to areas between CEO‑placed signs. Launching from trailers outside those permitted launching places is an offence with a $5 000 penalty and a $200 modified penalty option (r 22(2) and Schedule 1).

Scientific studies and maintenance dredging are expressly permitable. Despite being listed as exclusions from the Act’s development definition (r 4(k), (l)), regulations 16B and 16C require permits for maintenance dredging and scientific studies (r 16B, r 16C). Applicants relying upon the r 4 exclusion need to be cautious and check the specific, later regulations that impose permit obligations.

Signage removal and disposal with cost recovery. The CEO may remove signs exhibited in contravention of regulation 9 and dispose of them and recover costs from the owner (r 9(4)-(5)). That creates escalation risk where organisations or individuals erect signs without a permit: not only is there an infringement exposure but also an immediate out‑of‑pocket risk for removal, with recovery pursued in court.

No express merits appeal in the regulations. The regulations prescribe procedural steps for the CEO’s proposed actions (r 34), but they do not provide an internal merits review or appeal mechanism within the regulations themselves. That means aggrieved permit applicants or holders seeking merits review must look to the Act or to general administrative law remedies, which can be costly and time consuming.

Form and landowner signatures. Form 1 requires signatures of all landowners and authorisation for agents (Schedule 2 Form 1). Failure to provide required landowner consent could be fatal to an application and delay projects.

Schedule 5 authority conflicts must be notified. A Schedule 5 authority proposing to exercise a power under another law that conflicts with the Act must give written notification to the CEO with particulars and any written advice it has received (r 43). Failure to do so could create inter‑agency procedural disputes and delay operations.

In summary, the main “gotchas” are the non‑intuitive interaction of exclusions with permit requirements, the divergence between modified and court fines, broad CEO discretion (including insurance conditions), immediate but time‑limited interim suspensions, cross‑statutory licensing needs and potential cost exposures from sign removal or insurance obligations. Practitioners should map activities against both the exclusions in r 4 and the specific permit rules found elsewhere in the regulations, and should budget for permit timelines, conditions and enforcement risk.

This section provides a practical compliance checklist grounded in the regulations’ procedural and substantive requirements. It is phrased as actionable steps a practitioner, applicant or compliance officer should follow before undertaking activities in the Riverpark or development control area.

Characterise the activity precisely. Start by identifying whether the planned act or activity falls into one of the exclusions from “development” in regulation 4 (such as sign exhibition, repairs not changing appearance, temporary structures up to six months, erosion control, aircraft activity, maintenance dredging, scientific studies, etc.). Note that an exclusion from the Act’s definition of development does not necessarily mean no permit is required; check the specific regulations that address the activity (for example r 14A, r 16B, r 16C).
Check Division 2 and Part 3 carve‑outs. Determine whether the activity is done in accordance with an approval under section 70 of the Act, a WAPC determination under the Metropolitan Region Scheme (clause 45 or former clause 30A), a licence agreement, or is lawful because of section 69(4) of the Act. If so, Division 2 and Part 3 may not apply (r 8 and r 16).
Identify whether a permit is required and under which regulation. Use the specific prohibition list to determine necessity: signage (r 9), repairs/maintenance (r 10), emergency works (r 11), erosion control on contiguous private property in development control area (r 12), temporary structures (r 13), leaseholder works (r 14A), Schedule 5 authority works (r 14), fire hazard reduction (r 15), aircraft activity (r 16A), maintenance dredging (r 16B), scientific studies (r 16C), commercial acts (r 17), digging in bed or taking worms (r 19-20), destroying vegetation (r 21), leaving vessels above high water mark (r 22A), launching from trailers (r 22) and spectator events (r 26).
Prepare the correct application form and attachments. For development approvals under section 72 of the Act use Schedule 2 Form 1 (r 6 and Schedule 2 Form 1). For other permits, comply with regulation 28: applications must be in a form and manner approved by the CEO, include required information and be lodged with the CEO with the prescribed application fee (r 28(1)). Be prepared to provide additional information reasonably related to the application on request (r 28(2)).
Ensure landowner consents and agent authorisations are in order. Schedule 2 Form 1 requires that all landowners sign the application and provides for an authorised agent (Form 1). Confirm that signatory requirements are satisfied to avoid refusal to accept the application as permitted under r 28(3).
Budget for conditions, insurance and application fees. The CEO may impose conditions, including requiring the holder to take out and maintain insurance related to the permitted activity (r 31(1A)). Expect application fees to be prescribed and payable on lodgement (r 28(1)(c)). Plan for potential ongoing compliance costs attached to conditions.
Anticipate procedural timelines and the CEO’s information requests. The CEO may refuse to consider an application that fails to meet the form or information requirements (r 28(3)). If the CEO proposes to amend, suspend or revoke a permit, regulation 34 entitles you to written notice with at least 14 days to make written representations (r 34(2)-(3)). If there is an immediate and serious risk, the CEO may issue an interim suspension for up to six weeks (r 35); plan operationally for that possibility.
Maintain records of compliance and communications. Keep copies of permits, permit conditions and any written representations or notifications to and from the CEO. For emergency works, note the statutory defence in r 11(4): to rely on it you must show you took reasonable precautions to avoid the emergency, it was not reasonably practicable to obtain a permit before acting, and you notified the CEO in writing as soon as practicable (r 11(4)(a)).
Coordinate with other statutory regimes. Where your activity may be licensed under other Acts (Conservation and Land Management Regulations 2002, Fish Resources Management Regulations 1995, Navigable Waters Regulations 1958, Jetties Act 1926, local planning schemes), secure the relevant licences and cross‑check whether those licences displace the need for a permit under these regulations (see r 17(2), r 22(1), r 9(2)(i) and r 9(2A)). For Schedule 5 authorities, if you propose to act under another written law that conflicts with the Act, provide the CEO written notification with particulars and any written advice received, as required by r 43.
Avoid common operational breaches. Do not exhibit signs without a permit except where an explicit exception applies (r 9); do not leave vessels unattended above the high water mark for 8 hours or more unless in an approved facility or by permit (r 22A); launch from trailers only at permitted launching places (r 22); do not use a vessel as living accommodation in the development control area beyond the temporal limits unless moored in an area approved by the CEO (r 23). These breaches attract a $200 infringement notice and a possible $5 000 court penalty.
Prepare for enforcement scenarios. Understand that breaches may be dealt with by infringement notice (Schedule 1) at $200 or by prosecution with higher penalties. The CEO may remove and dispose of unauthorised signage and recover removal costs (r 9(4)-(5)). Ensure adequate insurance and contractual clauses to mitigate enforcement risk and recovery actions.
If refused or faced with revocation, use the written representation window. Regulation 34 requires the CEO to provide notice and invite written representations before certain proposed actions. Use that opportunity to present evidence, mitigation plans or alternative measures. If the CEO decides not to take the proposed action, they must give written notice (r 34(7)).
For compensation or injurious affection claims, use the prescribed form. If a development decision causes injurious affection and a claim for compensation under s 89(4) of the Act is contemplated, use Schedule 2 Form 2 as required by regulation 7.
Keep abreast of schedule changes and regulatory amendments. The regulations amend and update Act Schedules and other lists periodically (regs 45-49 and the compilation table). Check the compilation table for commencement dates of amendments to ensure you rely on the correct version of a provision for the relevant time.

Following these steps aligns with the requirements and procedures set out in the regulations and reduces the chance of administrative refusal, enforcement action or unexpected costs. Where uncertainty exists as to whether the regulatory carve‑outs apply, seek confirmation from the CEO or legal advice to avoid a mismatch between assumed and actual regulatory obligations.

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