Waterways Conservation Regulations 1981 (Western Australia)

These Regulations implement, operationalise and detail administrative and enforcement procedures under the Waterways Conservation Act 1976. They prescribe the terminology and forms, define categories of matters the Minister may treat as triggering his or her intervention under section 5(3) of the Act, set out licence application, issue, renewal and transfer procedures (including distinct rules for private boat ramps, retaining walls, dredging/reclamation and disposal licences), create general offences and associated penalties, authorise inspectors and honorary wardens and establish a limited infringement‑notice scheme with specified modified penalties.

Mechanically, the Regulations do the following (all references are to the Regulations by regulation number unless otherwise stated):

Prescribe defined terms and the formal forms and schedules used across the licensing and enforcement processes (reg 2; Schedule 1 forms; Schedules 2 and 3 for fees and modified penalties).
Set out specific subject‑matter categories that are to be taken as falling within the Minister’s conflict‑of‑powers discretion under s 5(3)(a) and (c) of the Act, thereby narrowing the practical question of when the Minister should be notified or can intervene (reg 3).
Require local government authorities to notify the Minister where they become aware of matters likely to fall within s 5(3)(a) or (c) (reg 4).
Provide the procedural pathway for participation in the creation or amendment of management programmes (reg 5), including a 40‑day window for written representations following public notice.
Create a schedule of specific prohibitions in relation to waters and associated land (reg 8), and require licences for a class of works that would otherwise be offences (reg 9), with quantified penalties and continuing daily fines for ongoing contraventions (reg 9(2)).

CrestWestern Australia

Waterways Conservation Act 1976

Waterways Conservation Regulations 1981

Reprinted under the Reprints Act 1984 as
at 28 January 2011

Western Australia

Waterways Conservation Regulations 1981

Contents

Part I — Preliminary

Citation and commencement 1
Terms used 1

Part II — Conflict of powers

Types of matters for Act s. 5(3)(a) and (c) 3
Matters within Act s. 5(3), local government to notify Minister 5

Part III — Management programmes

Representations, method of making 6

Part IV — General offences

Term used: waters 7
Use of waters in industrial plant etc. 7
Certain acts prohibited in relation to waters 7
Licence required for certain acts 9
Removal of certain structures 9
CEO may remedy contraventions 10

Part V — Licences

Term used: Minister 11

Division 1 — Licences other than jetty licences and disposal licences

Application for and issue of licence (Act s. 46(3)) 11
Private boat ramps 12
Retaining walls 12
Dredging and reclamation 13

Division 2 — Jetty licences

Licences under Jetties Act 14

Division 3 — Disposal licences

Application for and issue of disposal licence (Act s. 47) 14
Transfer of disposal licence 15

Part VI — Inspectors and honorary wardens

Inspector’s certificate (Act s. 61(3)) 17
Honorary warden’s certificate (Act s. 62(4)) 17
Honorary warden’s functions 17
Impersonating inspector or honorary warden 18

Part VII — Modified penalties

Infringement notice, issue and effect of 19
Withdrawal of infringement notice 20

Schedule 1

Schedule 2

Schedule 3

Notes

Compilation table 36

Defined terms

Crest Reprinted under the Reprints Act 1984 as
at 28 January 2011

Western Australia

Waterways Conservation Act 1976

Waterways Conservation Regulations 1981

Part I — Preliminary

1. Citation and commencement

(1) These regulations may be cited as the Waterways Conservation Regulations 1981 1*.*

(2) These regulations shall operate on and from the 42nd day after the day on which they are published in the Government Gazette 1.

2. Terms used

(1) In these regulations unless the contrary intention appears —

Act means the Waterways Conservation Act 1976, as amended;

aircraft means a machine that can derive support in the atmosphere from the reactions of the air;

Jetties Act means Jetties Act 1926, as amended;

proximate to any waters, in relation to associated land on which any thing is done or which is used for any purpose, means within such distance from any waters that, in the opinion of the Minister, the doing of the thing on that associated land or its use for that purpose is capable of affecting the enjoyment, whether aesthetically or otherwise, of a person using those waters or using any development of the associated land that is immediately adjacent to, and primarily intended for the better enjoyment of, those waters;

regulation is a reference to a provision of these regulations;

Schedule means schedule to these regulations;

subregulation means subregulation of the regulation in which the word is used.

(2) Unless the contrary intention appears expressions used in these regulations have the same respective meanings as are given them in and for the purposes of the Act.

(3) The several forms set out in Schedule 1 are prescribed for the respective purposes for which forms are required by these regulations, and a reference in these regulations to a form by its number is a reference to the form so numbered in Schedule 1.

[Regulation 2 amended: Gazette 22 Jan 1999 p. 221; 23 Nov 2010 p. 5865.]

Part II — Conflict of powers

3. Types of matters for Act s. 5(3)(a) and (c)

Without limiting the discretion conferred on the Minister by section 5(3) of the Act in respect of matters not included in this regulation —

(a) types of matters that are to be taken as falling within section 5(3)(a) of the Act include matters relating to —

(i) the provision or removal of any jetty, boat house, groyne, pier, decking, wall or any other structure whether floating or otherwise, in, over, or contiguous with any waters;

(ii) the filling in wholly or partially, or dredging of, any portion of the bed of any waters, or the building up or other alteration of the bank or foreshore of any waters;

(iii) the provision or removal of any boat ramp, or launching place in and contiguous with any waters;

(iv) the discharge or proposed discharge of water or any waste into any waters, or onto or under any associated land so as, in the opinion of the Minister, to be likely to enter any waters;

(v) the removal of weeds and other matter causing pollution, whether visual or otherwise, from any waters or from associated land proximate to any waters;

(vi) the removal, alteration, control or development of any vegetation, whether cultivated or not, from or in any waters or from or on associated land proximate to any waters, or the doing of any thing which in the opinion of the Minister may affect the development or continued existence of such vegetation;

(vii) the use for the disposal of rubbish, of associated land that is reserved under the Land Administration Act 1997, and proximate to any waters;

(viii) the nature of the use or proposed use of any associated land where —

(I) that use or proposed use is for a noxious trade; or

(II) that use or proposed use involves the creation of a source of waste that may, in the opinion of the Minister, substantially affect any waters; or

(III) the topography or substratum of that or surrounding land is such as to make that land a significant watershed for any waters or result in water significant by its quantity or quality passing over or through that land;

(ix) the prevention or control of erosion of associated land where such erosion is, in the opinion of the Minister, likely to impair the condition of any waters or to detract, aesthetically or otherwise, from the enjoyment of any waters or recreational facilities associated with any waters;

(b) types of matters that are to be taken as falling within section 5(3)(c) of the Act include matters relating to —

(i) the development and control of camping, recreational or sanitary facilities in so far as such matters do not fall within section 5(3)(a) of the Act;

(ii) the provision or removal of bridges over any waters;

(iii) the design, construction and usage of buildings on associated land, other than land the subject of an agreement under section 31 of the Act, where the proximity of those buildings to any waters would be such as, in the opinion of the Minister, to affect, aesthetically or otherwise, the enjoyment of any waters or recreational facilities associated with any waters;

(iv) the construction of any drain designed to discharge directly or indirectly into any waters;

(v) the use for the disposal of rubbish, of associated land reserved under the Land Administration Act 1997, that is not proximate to any waters;

(vi) the establishment of any commercial marina;

(vii) the use of any land proximate to any waters for the establishment of any commercial or industrial site.

[Regulation 3 amended: Gazette 4 Apr 2008 p. 1314; 23 Nov 2010 p. 5865.]

4. Matters within Act s. 5(3), local government to notify Minister

(1) Where a local government authority becomes aware of any matter within its district that it considers falls within section 5(3)(a) or section 5(3)(c) of the Act, whether existing or proposed, it shall forthwith give notice to the Minister.

(2) A local government authority shall, when considering into which category a matter falls, where the opinion of the Minister is a relevant factor, have regard to any general expression of opinion by the Minister of which that authority has notice.

(3) Notice required to be given under subregulation (1) shall be in writing setting out such particulars as appear to the authority to be relevant, and the authority shall supply such further information as the Minister may request in relation thereto.

[Regulation 4 amended: Gazette 23 Nov 2010 p. 5865.]

Part III — Management programmes

5. Representations, method of making

(1) Where notice is published in accordance with section 35(4) of the Act, of proposals to establish a management programme the for the first time in relation to an area, a person who desires to make a representation regarding the proposals shall do so in writing, signed by him and submitted together with any material in support of his representation, to the Minister within 40 days after that publication of the notice or before the expiry of such longer time as the Minister may direct.

(2) A person making a representation under subregulation (1) shall state therein —

(a) his full name, and where he makes the representation on behalf of some other person or body, or in some other capacity, the name of such person or body and the capacity in which he makes the representation; and

(b) whether he or a person or body referred to in paragraph (a) has an interest in any property situate in or adjacent to the area the subject of the management programme; and

(c) the description, whereabouts; size and use of any property, and the nature of any interest, referred to in paragraph (b).

[(3) deleted]

(4) Where, pursuant to section 35(5) of the Act, the Minister directs that any proposal for amendment of a management programme shall be brought to the notice of persons likely to be affected, section 35(4) of the Act and the provisions of this regulation apply as if the proposal were a proposal to establish a management programme for the first time.

[Regulation 5 amended: Gazette 23 Nov 2010 p. 5861.]

Part IV — General offences

6. Term used: waters

For the purposes of this Part —

waters means waters to which section 48 of the Act applies.

[Regulation 6 amended: Gazette 23 Nov 2010 p. 5861.]

7. Use of waters in industrial plant etc.

(1) A person shall not cycle water from any waters through any industrial plant or thermal control device associated with such plant except pursuant to and in accordance with a current licence issued under the Act.

(2) A person contravening subregulation (1) commits an offence in respect of which section 48(9) of the Act shall apply.

8. Certain acts prohibited in relation to waters

(1) A person shall not —

(a) put any mud, earth, gravel, litter or other matter into any waters; or

(b) put or keep disused car bodies or other visually offensive things on associated land proximate to any waters; or

(d) construct or use any drain designed to discharge directly or indirectly into any waters except with the approval of the Minister; or

(e) launch any boat or other craft directly from a trailer into any waters except —

(i) from privately‑owned land abutting on the waters; or

(ii) at a launching place approved for that purpose by the Minister;

(f) except on behalf of the Minister disturb the bed, banks, or foreshore of any waters so as, in the opinion of the Minister, to endanger the stability of any part of the banks or foreshore or the vegetation thereon; or

(g) except on behalf of the Minister excavate or dig channels in any part of the bed of any waters below high water mark, whether or not that part is then covered by water; or

(h) except on behalf of, or with the approval in writing of, the Minister, construct any groyne, breakwater, or other structure intended to impede or alter the flow of any waters; or

(i) discharge or permit the discharge of oil from any boat or craft into any waters, whether by the pumping out of a bilge, or by any other means; or

(j) except in an emergency —

(i) land or touch down an aircraft on any waters or associated land; or

(ii) take‑off an aircraft from any waters or associated land; or

(iii) stand, park, dock or moor an aircraft on any waters or associated land; or

(iv) embark passengers onto or disembark passengers from an aircraft on any waters or associated land; or

(v) load freight onto or unload freight from an aircraft on any waters or associated land; or

(vi) refuel, service or repair an aircraft on any waters or associated land.

(2) A person contravening subregulation (1) commits an offence and is liable to a penalty of —

(a) in the case of an offence against paragraph (d) or (h) — $500;

(b) in any other case — $200.

[Regulation 8 amended: Gazette 22 Jan 1999 p. 222; 23 Nov 2010 p. 5861‑2.]

9. Licence required for certain acts

(1) A person shall not —

(a) construct or permit the construction of, any boat ramp, slip, bridge, jetty, boat house, pier, decking, or any other structure, whether floating or otherwise, in, over or contiguous with any waters; or

(b) construct a retaining wall at a bank of any waters; or

(c) fill in, wholly or partially, or dredge any portion of the bed of any waters, or cut into, build up or otherwise alter the bank or foreshore of any waters; or

(d) dig or excavate on associated land so as to endanger the stability or integrity of the banks or foreshore of any waters, or with the intention of causing any of the waters to be diverted into the place so dug or excavated,

except pursuant to and in accordance with a current licence issued under the Act.

(2) A person contravening subregulation (1) commits an offence and is liable to a penalty of $500, and a further $50 in respect of each day for which the offence continues.

10. Removal of certain structures

(1) A person removing a structure referred to in regulation 9 shall —

(a) in the case of a retaining wall or other structure the removal of which may impair the stability of, or damage, a part of the bank — first obtain the written permission of the Minister and then carry out the removal in accordance with any conditions attached thereto;

(b) in any other case — notify the Minister in writing not later than 7 days after such removal.

(2) A person contravening subregulation (1) commits an offence and is liable to a penalty of —

(a) in the case of an offence against paragraph (a) — $200;

(b) in the case of an offence against paragraph (b) — $100.

[Regulation 10 amended: Gazette 23 Nov 2010 p. 5862.]

11. CEO may remedy contraventions

Where a person carries out any works or proposed works contrary to these regulations the CEO may —

(a) carry out such works as the CEO sees fit in order to remedy the contravention;

(b) remove any works carried out contrary to these regulations,

and may recover from that person any expenses thereby reasonably incurred by the CEO, as a debt due to the Department.

[Regulation 11 amended: Gazette 23 Nov 2010 p. 5862.]

Part V — Licences

12. Term used: Minister

In this Part, unless the contrary intention appears, a reference to the Minister shall be construed as including a reference to a person or body acting on behalf of, or under the direction of, the Minister exercising a power conferred by delegation or otherwise pursuant to the Act or these regulations.

[Regulation 12 amended: Gazette 23 Nov 2010 p. 5863.]

Division 1 — Licences other than jetty licences and disposal licences

13. Application for and issue of licence (Act s. 46(3))

(1) A person applying pursuant to section 46(3) of the Act for the grant, renewal, or transfer of a licence authorising the doing or omission of anything which would otherwise constitute an offence against this Act shall do so in the appropriate form in Schedule 1, or, where no form is prescribed, in writing setting out all relevant information and addressed to the Minister.

(2) After receiving an application the Minister may, in writing, direct the applicant to provide additional information relevant to the application.

(3) Where the Minister approves an application under section 46(3) of the Act, the Minister shall notify the applicant in writing, specifying, where applicable, the appropriate fee set out in Schedule 2 upon payment of which the licence will be granted, renewed or transferred, as the case may be.

(4) The Minister shall, upon receipt of the fee, if any, referred to in subregulation (3), grant, renew, or transfer the licence, as the case may be, and where no form of licence is prescribed, may issue the licence in an appropriate form.

(5) This regulation does not apply to an application for a disposal licence or a licence referred to in regulation 17.

[Regulation 13 amended: Gazette 23 Nov 2010 p. 5863.]

14. Private boat ramps

Subject to and without affecting any other provision of the Act or these regulations, a licence for the provision of a boat ramp extending into any waters from privately‑owned land the boundary of which is at or below high water mark shall be in the form of Form 2 and authorises the provision of a boat ramp, constructed in accordance with the plans and specifications referred to therein, for the use of such limited class of persons, or upon such conditions, as may be specified therein.

15. Retaining walls

(1) Subject to and without affecting any other provision of the Act or these regulations a licence to construct a retaining wall at a bank of any waters shall be in the form of Form 4 and authorises the construction, in accordance with the plans and specifications referred to therein, of a retaining wall.

(2) The Minister may, by notice in writing, require a person having the control of a retaining wall at a bank of any waters to carry out such maintenance on that wall as the Minister considers appropriate to prevent or minimize pollution, and may, if the maintenance is not carried out to its satisfaction within 30 days from the service of such notice, serve on and enforce against that person an order under section 50 of the Act requiring that person to carry out such maintenance.

(3) Without limiting the liability under this regulation of any other person, the owner for the time being of the land to which the retaining wall appertains is, for the purposes of this regulation, deemed to be a person having the control of a retaining wall.

[Regulation 15 amended: Gazette 23 Nov 2010 p. 5865.]

16. Dredging and reclamation

(1) Subject to, and without affecting, any other provision of the Act or these regulations, a licence to dredge or reclaim shall be in the form of Form 6.

(2) A person licensed under the Act to dredge in, or reclaim, any waters —

(a) shall not —

(i) dispose of the spoil dredged except in such manner as is approved in the licence; or

(ii) diverge from the limits as to depth and extent authorised by his licence by more than the tolerance specified in the licence;

and

(b) shall —

(i) comply from time to time with such reasonable requirements as to the location of any floating pipeline as may be made by an inspector for the purpose of facilitating the navigation of those waters; and

(ii) have such survey carried out upon request by, and to the satisfaction of, the Minister as may be necessary to ascertain that any dredging, disposal of spoil, or reclamation, is in accordance with the licence; and

(iii) in so far as any dredging, disposal of spoil, or reclamation has been carried out other than as authorised by a licence, carry out such remedial work as the Minister may direct;

and

[Regulation 16 amended: Gazette 23 Nov 2010 p. 5865.]

Division 2 — Jetty licences

17. Licences under Jetties Act

(1) In this regulation —

jetties CEO means the chief executive officer as defined in the Jetties Act section 3;

jetty has the same meaning as in the Jetties Act;

jetty licence means a licence issued under the Jetties Act section 7.

(2) A person who holds a jetty licence in respect of a jetty is, for the purposes of these regulations, taken to hold a licence in respect of the jetty.

(3) The jetties CEO shall, before issuing a jetty licence, give the Minister an opportunity to make recommendations in respect of the issue of the licence and shall have regard to any recommendations made by the Minister.

[Regulation 17 inserted: Gazette 23 Nov 2010 p. 5864.]

Division 3 — Disposal licences

18. Application for and issue of disposal licence (Act s. 47)

(1) An application under section 47(1) of the Act for a disposal licence shall be made to the Minister in the form of Form 7.

(2) The officer receiving an application for a disposal licence shall forthwith endorse thereon the date on which it was received.

(3) A disposal licence granted under section 47(3) of the Act —

(a) shall be in the form of Form 8;

(b) shall, upon payment of the issuing fee and the licence fee as set out in Schedule 2, be issued to the person or body applying for the licence;

(c) shall, subject to section 47(9) of the Act, be valid for one year from the date on which it is issued, but without prejudice to the right of the licensee to apply for a renewal of the licence;

(d) may, where the nature of the operations is not intended to be altered in any way that would alter the quality or quantity of the discharge the subject of the licence, upon application in writing within 60 days before the expiration of that licence containing a statement to that effect together with payment of the licence fee as set out in Schedule 2, be renewed for a further year commencing immediately after the licence would have otherwise expired;

(e) may, in the circumstances referred to in regulation 19(1) and at the discretion of the Minister, be transferred for the balance of its term to another person or body, subject to any conditions upon which it was issued and any further conditions that may be imposed.

[Regulation 18 amended: Gazette 23 Nov 2010 p. 5865.]

19. Transfer of disposal licence

(1) A person or body acquiring an interest in operations giving rise to waste the discharge of which is the subject of a disposal licence may, within 30 days after acquiring that interest, apply for the transfer to him or it of that licence if it is not intended that the nature of the operations will be changed in any way that would alter the quality or quantity of the discharge the subject of the licence.

(2) An application shall be made in writing to the Minister, and the applicant shall provide such information relevant to the application as the Minister may request.

(3) Where the Minister approves the application, upon the applicant paying the appropriate fee set out in Schedule 2 and producing the current licence, the Minister shall endorse on the licence the date from which the transfer has effect, the name of the transferee and any further conditions that may be imposed in respect of the licence as so transferred, and the licence as so transferred shall have effect thereafter as if it had been so granted to the transferee in the first instance.

(4) A person who —

(a) intends to, and lawfully may, make application within the time limited by, and otherwise in accordance with, this regulation for the transfer of current disposal licence; or

(b) is awaiting the determination of such an application,

may, pursuant to that licence, discharge or deposit any matter as if he were the holder of the licence as issued.

[Regulation 19 amended: Gazette 23 Nov 2010 p. 5865.]

[Division 4 (r. 20) deleted: Gazette 30 Dec 2004 p. 7001.]

Part VI — Inspectors and honorary wardens

21. Inspector’s certificate (Act s. 61(3))

A certificate of appointment as an inspector issued pursuant to section 61(3) of the Act shall be in the form of Form 9, showing the management areas in relation to which the inspector is appointed, and shall be signed for the appointing body by a person authorised in that behalf.

22. Honorary warden’s certificate (Act s. 62(4))

(1) A certificate of appointment as an honorary warden issued pursuant to section 62(4) of the Act shall be in the form of Form 10, showing —

(a) the geographical area in relation to which the honorary warden is appointed; and

(b) any limitation on the general powers of honorary wardens, to which the appointment may be subject,

and shall be signed for the appointing body by a person authorised in that behalf.

(2) Upon termination of the appointment of a person as an honorary warden that person shall forthwith return to the appointing body the certificate of his appointment.

23. Honorary warden’s functions

An honorary warden —

(a) may, where a person commits an offence against the Act or these regulations, upon identifying himself as an honorary warden and, if required by that person, producing his certificate of appointment —

(i) demand the name and address of that person; and

(ii) warn that person as to the nature of the offence; and

(iii) require that person to comply with the provision offended against; and

(iv) report the name and address of that person and the time, place, and nature of the offence, to the CEO;

(b) may, as often as he sees fit, and shall, when required to do so, report to the CEO as to the condition of, the use of, or other matters relating to, any waters or associated land within the area in respect of which he is appointed.

[Regulation 23 amended: Gazette 23 Nov 2010 p. 5864.]

24. Impersonating inspector or honorary warden

A person, not being or having reasonable cause to believe himself to be, an inspector or honorary warden appointed under the Act, who holds himself out, either expressly or by conduct, to be such an inspector or honorary warden, commits an offence and is liable to a penalty of $500.

Part VII — Modified penalties

[25. Deleted: Gazette 23 Nov 2010 p. 5864.]

26. Infringement notice, issue and effect of

(1) Where an inspector has reason to believe that a person has committed an offence against a provision referred to in column 1 of Schedule 3, he may personally give to that person an infringement notice in the form of Form 11, duly completed to show —

(a) the date, time, and nature of the alleged offence;

(b) a precise reference to the provision allegedly contravened;

(c) the amount of the modified penalty set out in column 2 of Schedule 3 in respect of that offence, that may be paid pursuant to subregulation (2);

(d) the place at which, and the time prescribed by subregulation (2) within which, the modified penalty may be paid.

(2) A person who receives an infringement notice under subregulation (1) may within 21 days thereafter, or such further time as the CEO may allow, pay the modified penalty as set out in that notice.

(3) A person who —

(a) pursuant to and in accordance with an infringement notice and within the time prescribed by or allowed under subregulation (2), pays the modified penalty as set out in that notice shall not, unless that notice is withdrawn in accordance with regulation 27, be proceeded against under the Act in respect of the alleged offence;

(b) does not within that time so pay the modified penalty as set out in that notice — shall be deemed to have elected not to avail himself of the provisions of this regulation.

[Regulation 26 amended: Gazette 23 Nov 2010 p. 5864.]

27. Withdrawal of infringement notice

(1) The CEO may, whether or not the modified penalty has been paid, withdraw an infringement notice at any time within 28 days after the notice was given, by sending a notice in the form of Form 12, signed by the CEO, to the alleged offender.

(2) Where an infringement notice is withdrawn under this regulation, any modified penalty paid pursuant thereto shall be refunded and thereupon shall, for the purposes of regulation 26(3), be deemed not to have been paid.

[Regulation 27 amended: Gazette 23 Nov 2010 p. 5865.]

[Part VIII deleted: Gazette 29 Dec 1995 p. 6303.]

[Part IX omitted under the Reprints Act 1984 s. 7(4)(f).]

Schedule 1

Form 1

Waterways Conservation Act 1976

APPLICATION FOR A LICENCE FOR A PRIVATE BOAT RAMP

I/We, the undersigned, hereby make application for a licence for the construction of a private boat ramp on Lot No. ...... Street Name and No. ...........

Locality ......................................................

Brief Description of proposed works .....................................................................

................................................................................................................................

Name (of owner) ....................................................................................................

Address ..................................................................................................................

................................................................................................................................

Anticipated Use

Approximate No. of persons .............. Relationship to applicant ..........................

No. of boats .............. Length and type of each boat .............................................

................................................................................................................................

Date ..................................................................

Signature .......................................................................

Address for serving of notices ...............................................................................

................................................................................................................................

(if the same as above insert “as above”)

Application must be accompanied by the following in duplicate: —

(a) Plan showing Lot No. and proposed location of the boat ramp on the lot.

(b) Evidence of ownership of the above premises (e.g. copy of certificate of title).

(c) Drawings of proposed structure with sufficient details of type and sizes of materials to enable strength characteristics to be assessed.

(d) Any other details considered relevant.

Form 2

Waterways Conservation Act 1976

LICENCE FOR A PRIVATE BOAT RAMP

Issued under section 46 of the Act.

This licence authorises

................................................................................................................................
Name

................................................................................................................................
Address

to construct a private boat ramp at

................................................................................................................................
(Location of boat ramp)

in accordance with the plans and specifications attached.

Subject to special conditions as set out on the reverse side of this licence.

.................................................... ........................................................
Date of issue Minister (or delegate)

(Reverse of Form 2)

SPECIAL CONDITIONS

[Form 2 inserted: Gazette 23 Nov 2010 p. 5865‑6.]

Form 3

Waterways Conservation Act 1976

APPLICATION FOR A LICENCE TO CONSTRUCT A RETAINING WALL

I/We the undersigned, hereby make application for a licence for the construction of a retaining wall on Lot No. ......... Street Name and No. ...................................
Locality ....................... Brief description of proposed works ...............................

................................................................................................................................

Name (of owner) ....................................................................................................

Address ..................................................................................................................
................................................................................................................................

Date ........................................................................................................................

Signature .......................................................................

Address for serving notices ...................................................................................
................................................................................................................................

(If the same as above insert “as above”)

Application must be accompanied by the following in duplicate: —

(a) Plan showing Lot No. and proposed location of the retaining wall on the lot.

(b) Evidence of ownership of the above premises (e.g. copy of certificate of title).

(c) Drawings of proposed structure with sufficient details of type and sizes of materials to enable strength characteristics to be assessed.

(d) Any other details considered relevant.

Form 4

Waterways Conservation Act 1976

LICENCE TO CONSTRUCT A RETAINING WALL

Issued under section 46 of the Act.

This licence authorises

................................................................................................................................
Name

................................................................................................................................
Address

to construct a retaining wall at

................................................................................................................................
(Location of retaining wall)

in accordance with the plans and specifications attached.

Subject to special conditions as set out on the reverse side of this licence.

.................................................... ........................................................
Date of issue Minister (or delegate)

(Reverse of Form 4)

SPECIAL CONDITIONS

[Form 4 inserted: Gazette 23 Nov 2010 p. 5866.]

Form 5

Waterways Conservation Act 1976

APPLICATION FOR A LICENCE TO CARRY OUT DREDGING AND/OR RECLAMATION

I/We, the undersigned, hereby make an application for a licence to carry out dredging and/or reclamation works at: —

................................................................................................................................

(Brief description of location of proposed works)

Name ......................................................................................................................

Address ..................................................................................................................

Date on which it is proposed to commence work ..................................................

Date ........................................................................................................................

Signature .......................................................................

In support of the above application the following information is submitted.

Estimated quantity of spoil to be dredged ............................. cubic metres
Nature of spoil .............................................................................................
Location of spoil area on which dredged material is to be discharged .......
......................................................................................................................
Use of spoil: —

(a) Carted away for industrial use ...........................................................

(b) Left in situ to elevate low lying land .................................................

Type of equipment proposed to be used for dredging .................................
......................................................................................................................
Estimated time required to complete the project .........................................

(if insufficient space for answers to the above, attach details.)

The application is to be accompanied by —

(a) a plan (in duplicate) showing extent of proposed dredging, depth to be dredged, and area proposed to receive spoil; and

(b) evidence of ownership of the land on which the works are proposed to be carried out (e.g. copy of certificate of title).

[Form 5 amended: Gazette 23 Nov 2010 p. 5866.]

Form 6

Waterways Conservation Act 1976

LICENCE TO DREDGE AND/OR RECLAIM

Issued under section 46 of the Act.

This licence authorises

................................................................................................................................
Name

................................................................................................................................
Address

to carry out dredging and/or reclamation of the waters of the

................................................................................................................................

at ............................................................................................................................
(Location of dredging and/or reclamation works)

in accordance with the plans and specifications attached.

This licence is for the period ending / / and is subject to the special conditions set out on the reverse side of this licence.

.................................................... ........................................................
Date of issue Minister (or delegate)

(Reverse of Form 6)

SPECIAL CONDITIONS

[Form 6 inserted: Gazette 23 Nov 2010 p. 5866‑7.]

Form 7

Waterways Conservation Act 1976

APPLICATION FOR A DISPOSAL LICENCE

I/We, the undersigned, hereby make an application for a licence to discharge wastes into the waters.

Name ......................................................................................................................

Address ..................................................................................................................

Name of Business or Industry ................................................................................

Date on which it is proposed to begin discharging the wastes ..............................

Date ......................................................

Signature .......................................................................

In support of the above application the following information is submitted: —

Is sewer available? Yes/No ....................................................................................

If “yes” can the waste be disposed of into sewer ...................................................

Source of waste(s) to be discharged ......................................................................

Nature of waste(s) to be discharged .......................................................................

Expected temperature of the waste(s) to be discharged .........................................

Quantities of waste(s) to be discharged. (Litres)

Minimum Maximum

Per hour ..................................................................................................................

Per day ...................................................................................................................

Per week .................................................................................................................

Period over which wastes are produced .................................................................

River into which waste(s) will discharge ...............................................................

Manner of discharge? Direct/tributary/drain .........................................................

Is there any proposed treatment of the waste(s) prior to discharge .......................

If “yes” what is the proposed treatments ...............................................................
................................................................................................................................

A chemical analysis of the proposed waste(s) by an approved laboratory.

A flow diagram indicating the path of proposed waste(s) up to the point where it leaves the premises.*

Each application must be supported by sketched plans and details of any plant installed to treat wastes prior to discharge to the water.*

Applications to be forwarded IN DUPLICATE.

Note: Where the requirement of information is marked with an asterisk if the information required is substantially the same as information submitted in respect of a current licence only the variations need be specified.

[Form 7 amended: Gazette 23 Nov 2010 p. 5867.]

Form 8

Waterways Conservation Act 1976

DISPOSAL LICENCE

Issued under section 47 of the Act.

This licence authorises

.................................................................................................................
Name

.................................................................................................................
Address

to discharge directly or via a drain, the wastes detailed on the reverse side
of this licence into the waters of the

.................................................................................................................

at .............................................................................................................

(Location of discharge point)

This licence is for one year from the date of issue and is subject to the special conditions set out on the reverse side of this licence.

.................................................... ..................................................
Date of issue Minister (or delegate)

(Reverse of Form 8)

SPECIAL CONDITIONS AND DETAILS OF WASTE

[Form 8 inserted: Gazette 23 Nov 2010 p. 5867‑8.]

Form 9

Waterways Conservation Act 1976

CERTIFICATE OF APPOINTMENT INSPECTOR

This is to certify that:

was appointed

on as an inspector under the Waterways Conservation Act 1976, to exercise his powers in

(area)

Affix photograph here	................................................................................<br>Signature of CEO (or delegate)<br>..................................................................<br>Signature of Inspector

[Form 9 inserted: Gazette 26 Nov 1996 p. 6638; amended: Gazette 23 Nov 2010 p. 5868.]

Form 10

Waterways Conservation Act 1976

CERTIFICATE OF APPOINTMENT
HONORARY WARDEN

This is to certify that:

was appointed on

as an honorary warden under the Waterways Conservation Act 1976 and, subject to any limitations shown on the reverse side of this certificate, is authorised to exercise the powers of any honorary warden under the Act within the area

in the

management area.

Affix photograph here	................................................................................<br>Signature of CEO (or delegate)<br>..................................................................<br>Signature of honorary warden

Note: Certificate to be produced on request.

(Reverse of Form 10)

The authority of the person named in this certificate as an honorary warden is limited to the area shown herein, and to the doing of all or any of the following things:

[Form 10 inserted: Gazette 26 Nov 1996 p. 6638-9; amended: Gazette 23 Nov 2010 p. 5868.]

Form 11

Waterways Conservation Act 1976

INFRINGEMENT NOTICE

TO ............................................................................... Serial No. .........................

................................................................................................................................

................................................................... Date ....................................................

You are hereby notified that it is alleged that on ................................................... the .............................................. day of ................................................ 20 ..........

at about .......................... o’clock in the ........................ noon you did .................

................................................................................................................................

in contravention of .................................................................................................

(Specific provision)

The modified penalty prescribed for this offence is $ .

If you do not wish to have a prosecution notice of the above offence heard and determined by a court you may pay the modified penalty within 21 days after receipt of this notice.

If payment is not made within 21 days after receipt of this notice, court proceedings may be instituted against you.

Payment may be made either by posting this form, together with the amount of the modified penalty mentioned above, to the office of the .................................. Department at ............................................................................ or by presenting this form and paying that amount personally at the above address between the hours of a.m. and p.m. on any day except a Saturday, Sunday, or public holiday.

........................................................................

Signature of Inspector.

[Form 11 amended: Gazette 4 Apr 2008 p. 1314; 23 Nov 2010 p. 5868.]

Form 12

Waterways Conservation Act 1976

WITHDRAWAL OF INFRINGEMENT NOTICE

TO ................................................................... DATE ..........................................

................................................................................................................................

Infringement Notice No. ............................ dated .................................................

for the alleged offence of .......................................................................................

contrary to ..............................................................................................................

and specifying a modified penalty of $ is hereby withdrawn.

The modified penalty of $

*	is refunded herewith
*	has not been, and should not be, paid

(* delete as appropriate)

........................................................................

Signature of CEO (or delegate).

[Form 12 amended: Gazette 23 Nov 2010 p. 5868.]

Schedule 2

Fees

	$
Licence for a private boat ramp —<br> grant	30
Licence to construct a retaining wall —<br> grant	50
Licence to dredge or reclaim —<br> grant — per week or part thereof	20
transfer	50
Disposal licence —<br> issuing fee	50
licence fee — per annum	50
transfer	25

Schedule 3

Column 1	Column 2
Provision contravened	Modified<br>Penalty<br>$
Regulation 8(1)(a)	30
8(1)(b)	50
8(1)(c)	30
8(1)(d)	50
8(1)(e)	30
8(1)(f)	50
8(1)(i)	30
10(1)(a)	30
10(1)(b)	10

[Schedule 3 inserted: Gazette 3 Dec 1982 p. 4698.]

dline

Notes

1 This reprint is a compilation as at 28 January 2011 of the Waterways Conservation Regulations 1981 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Waterways Conservation Regulations 1981	14 Jul 1981 p. 2843‑62	25 Aug 1981 (see r. 1(2))
Waterways Conservation Amendment Regulations 1982	3 Dec 1982 p. 4698	3 Dec 1982
Waterways Conservation Amendment Regulations 1995	29 Dec 1995 p. 6303	1 Jan 1996 (see r. 2 and Gazette 29 Dec 1995 p. 6291)
Waterways Conservation Amendment Regulations 1996	26 Nov 1996 p. 6637‑9	26 Nov 1996
Waterways Conservation Amendment Regulations 1998	22 Jan 1999 p. 221‑2	22 Jan 1999
*Reprint of the Waterways Conservation Regulations 1981* as at 16 Nov 2001** (includes amendments listed above)
Waterways Conservation Amendment Regulations 2004	30 Dec 2004 p. 7001	1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)
Waterways Conservation Amendment Regulations 2008	4 Apr 2008 p. 1313‑14	r. 1 and 2: 4 Apr 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Apr 2008 (see r. 2(b))
Waterways Conservation Amendment Regulations 2010	23 Nov 2010 p. 5860‑8	r. 1 and 2: 23 Nov 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Nov 2010 (see r. 2(b))
*Reprint 2: The Waterways Conservation Regulations 1981* as at 28 Jan 2011** (includes amendments listed above)

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)

Act 2(1)

aircraft 2(1)

Jetties Act 2(1)

jetties CEO 17(1)

jetty 17(1)

jetty licence 17(1)

proximate to any waters 2(1)

regulation 2(1)

Schedule 2(1)

subregulation 2(1)

waters 6

Western Australia

Waterways Conservation Act 1976

Waterways Conservation Regulations 1981

Reprinted under the Reprints Act 1984 as
at 28 January 2011

Western Australia

Waterways Conservation Regulations 1981

Contents

Part I — Preliminary

Citation and commencement 1
Terms used 1

Part II — Conflict of powers

Types of matters for Act s. 5(3)(a) and (c) 3
Matters within Act s. 5(3), local government to notify Minister 5

Part III — Management programmes

Representations, method of making 6

Part IV — General offences

Term used: waters 7
Use of waters in industrial plant etc. 7
Certain acts prohibited in relation to waters 7
Licence required for certain acts 9
Removal of certain structures 9
CEO may remedy contraventions 10

Part V — Licences

Term used: Minister 11

Division 1 — Licences other than jetty licences and disposal licences

Application for and issue of licence (Act s. 46(3)) 11
Private boat ramps 12
Retaining walls 12
Dredging and reclamation 13

Division 2 — Jetty licences

Licences under Jetties Act 14

Division 3 — Disposal licences

Application for and issue of disposal licence (Act s. 47) 14
Transfer of disposal licence 15

Part VI — Inspectors and honorary wardens

Inspector’s certificate (Act s. 61(3)) 17
Honorary warden’s certificate (Act s. 62(4)) 17

The Regulations rely on a small set of recurring legal and administrative concepts; each shapes who decides and who pays. Key concepts, with textual grounding, are:

"Waters" (reg 6): For Part IV offences the Regulations use the Act’s definition: "waters means waters to which section 48 of the Act applies" (reg 6). That cross‑reference anchors the scope of Part IV prohibitions to the Act’s substantive definition of regulated waters.
"Proximate to any waters" (reg 2): The term is defined with a delegated normative element: proximate to any waters "means within such distance from any waters that, in the opinion of the Minister, the doing of the thing on that associated land or its use for that purpose is capable of affecting the enjoyment" of waters or adjacent developments (reg 2(1)). The definition thus vests the Minister with a factual, evaluative function in determining spatial reach.
Ministerial opinion and discretion (reg 3 and elsewhere): Regulation 3 lists types of matters to be taken as falling within the Minister’s conflict‑of‑powers under s 5(3)(a) and (c) of the Act (reg 3). The listing is not exhaustive (it begins "Without limiting the discretion"), but provides operational indicators such as jetties, dredging, discharge of waste, vegetation removal, erosion control, bridges, marina establishment and commercial development proximate to waters. Many of the listed matters also use the Minister’s opinion as the trigger (see reg 3(a)(iv), (vi), (viii)(II), (ix) and others).
Licensing as a permission model (regs 9, 13-19): A broad class of works and uses that would otherwise be offences (structure construction, dredging, foreshore alteration, drains discharging into waters) are permitted only under a licence issued under the Act and these Regulations (reg 9(1), reg 13 for process). Forms for different licence types are prescribed in Schedule 1 (reg 2(3) and Schedule 1 forms).
Differentiation of licence types: The Regulations create tailored licence forms and regimes,private boat ramps (Form 2; reg 14), retaining walls (Form 4; reg 15), dredging/reclamation (Form 6; reg 16), jetties via the Jetties Act (reg 17) and disposal licences for waste discharge (Forms 7 and 8; regs 18-19). Each licence type carries special conditions and obligations, e.g. maintenance notices for retaining walls (reg 15(2)) and restrictions on disposal of dredged spoil (reg 16(2)(a)).
Local government and ministerial notification and interplay (reg 4): Local governments must notify the Minister of matters in their district they consider fall within s 5(3)(a) or (c) (reg 4(1)). They must have regard to any general expressions of opinion by the Minister (reg 4(2)) and must provide particulars and any further information requested (reg 4(3)).
Enforcement architecture: Criminal offences with set monetary penalties (reg 8(2), reg 9(2), reg 10(2), reg 24) sit alongside an administrative remedy where the CEO may carry out remedial works and recover costs as a debt (reg 11). There is also a prescribed infringement notice/modified penalty system administered by inspectors for specified contraventions (regs 26-27; Schedule 3).
Time limits and procedural windows: The Regulations set several time constraints: representations on a management programme within 40 days of public notice (reg 5(1)); disposal licences are valid for one year with renewal application within 60 days before expiry (reg 18(3)(c)-(d)); transferee must apply within 30 days after acquiring interest to transfer a disposal licence (reg 19(1)); modified penalty payment within 21 days (reg 26(2)); CEO may withdraw an infringement notice within 28 days (reg 27(1)).
Delegation and exercise by officers: "Minister" in Part V explicitly includes persons or bodies acting on behalf of or under the Minister’s direction (reg 12). The Jetties CEO must give the Minister an opportunity to make recommendations prior to issuing a jetty licence and must have regard to them (reg 17(3)). Inspectors and honorary wardens have prescribed certificates and functions (regs 21-23).

These concepts interact: the Minister’s discretionary, opinion‑based triggers determine whether a matter is within the Act’s conflict scope (reg 3); local government notification and the forms/fees regime operationalise the licence pathways (regs 4, 13, Schedule 1 and 2); and the enforcement tools combine criminal penalties, modified penalties and CEO remediation powers (regs 8-11, 24, 26-27). Readers should note the repeated use of evaluative language that leaves factual determinations to the Minister or delegated officers, rather than to fixed distance thresholds or objective tests.

These Regulations affect a defined set of actors and, through obligations and costs, the parties who will most often be the decision‑makers, applicants, or persons liable for enforcement action.

Primary affected parties (directly named in the text and routines):

Private landowners abutting waters who propose to construct private boat ramps (Forms 1 and 2; reg 14). The licence for a private boat ramp authorises construction in accordance with attached plans and may limit use to specified persons (Form 2; reg 14).
Owners or controllers of retaining walls at banks of waters (Form 3 & 4; reg 15). They are liable for maintenance notices from the Minister and may be subject to orders under s 50 of the Act if they do not comply (reg 15(2)-(3)).
Developers, contractors, and operators seeking to dredge or reclaim areas of waters (Form 5 & 6; reg 16). Licence holders face specific restrictions on disposal of spoil and survey and remedial obligations (reg 16(2)(a)-(c)).
Industrial operators and businesses that discharge waste into waters or whose operations create discharges: they must apply for disposal licences using Form 7 and comply with Form 8 licences, paying issuing and licence fees (regs 18 and Schedule 2; Form 7). Transfers of licences are regulated (reg 19).
Local government authorities, which are statutorily required to notify the Minister if they become aware of matters within s 5(3)(a) or (c) (reg 4(1)). They must have regard to any general expression of opinion by the Minister (reg 4(2)) and supply requested particulars (reg 4(3)).
Inspectors and honorary wardens: appointed persons authorized to issue infringement notices, demand information of alleged offenders, warn, require compliance and report to the CEO (regs 21-23). Inspectors may issue Form 11 infringement notices for schedule‑listed contraventions (reg 26).
The Minister and delegated officers, who exercise broad discretion to determine what is "proximate" to waters, to approve licences, impose conditions, request additional application information, and direct remedial action via the CEO or sections of the Act (reg 2, reg 13(2), reg 15(2), reg 16(2)(b-c), reg 11).
The Jetties CEO, who issues jetty licences under the Jetties Act but must give the Minister opportunity to make recommendations (reg 17).

Secondary and indirectly affected parties:

Neighbours and users of waters, who may have standing to make representations about management programmes (reg 5). Representations must state name, property interests and descriptions (reg 5(2)(a)-(c)).
Transport and aviation operators: multiple prohibitions apply to aircraft landing, taking off, embarking passengers, refuelling, servicing etc. on waters or associated land (reg 8(1)(j)). Those operators will need to secure Ministerial approval for non‑emergency uses.
Operators and owners of boats and craft, especially in relation to bilge/oil discharge and launching restrictions (reg 8(1)(i) and (e)).

Who pays:

Applicants pay fees prescribed in Schedule 2: boat ramp grant $30, retaining wall grant $50, dredging/reclaim grant $20 per week or part thereof, disposal licence issuing fee $50 and annual fee $50, transfer fees $25-50 (Schedule 2). Licence issuance is contingent on payment (reg 13(3)-(4); reg 18(3)(b)).
Persons who contravene provisions face either criminal penalties (reg 8(2), reg 9(2), reg 10(2)) or modified penalties delivered by infringement notices (Schedule 3; regs 26-27). The CEO may remediate contraventions and recover reasonable expenses as a debt (reg 11).

Who decides:

The Minister has primary decision power over whether matters fall within s 5(3) categories (reg 3), whether licences are granted/renewed/transferred (reg 13 and regs 18-19), and whether maintenance or remedial orders are necessary (reg 15(2), reg 16(2)(c), reg 11).
The CEO enforces, may withdraw infringement notices, and can carry out remedial works (reg 11, reg 27).
Inspectors issue infringement notices and administer on‑the‑spot enforcement for specified contraventions (reg 26).
Local governments must notify the Minister and have a role in early identification (reg 4).

The Regulations thus create a regime where private actors seeking works, licences or discharges must interact procedurally and financially with the Minister or authorised officers, while enforcement tools allow both summary administrative responses and criminal prosecution. The regulatory friction points for business are licence procedures, Ministerial discretion, maintenance obligations for landowners, and the possibility of remediation costs and penalties.

The Regulations allocate duties, procedural rights and some conditional entitlements across several actor groups. The entries below state who must do what, and what rights applicants or affected persons have under the Regulations, with precise references.

Duties placed on applicants and landowners:

Application formalities: Applicants seeking grants, renewals or transfers under s 46(3) must apply in the appropriate form in Schedule 1 or in writing with all relevant information (reg 13(1)). When no form is prescribed, the application must set out all relevant information and be addressed to the Minister (reg 13(1)). The Minister may require additional information in writing (reg 13(2)).
Payment as condition precedent: Where the Minister approves an application, the Minister notifies the applicant of the appropriate fee in Schedule 2, and the licence will be granted or renewed upon payment (reg 13(3)-(4); reg 18(3)(b) for disposal licences).
Design and documentation requirements: The relevant forms in Schedule 1 prescribe required attachments. For private boat ramps and retaining walls the application must be accompanied by plans, evidence of ownership, and detailed drawings (Forms 1 and 3). Dredging applications require quantitative and technical information including estimated spoil, disposal location and drawings (Form 5).
Compliance with licence conditions: Licence holders must carry out work in accordance with plans and specifications attached to the licence (Forms 2, 4, 6; reg 14, 15(1), 16(1)). Dredging licences impose particular operational duties: approved spoil disposal methods, compliance with depth/extent tolerances, compliance with inspector requirements about floating pipelines, and survey obligations (reg 16(2)(a)-(b)).
Maintenance duties for retaining walls: The Minister may require a person having control of a retaining wall to carry out maintenance to prevent or minimise pollution and may enforce such a requirement under an order made under s 50 of the Act if not complied with within 30 days (reg 15(2)). The owner of the land is deemed to be a person having control (reg 15(3)).

Duties on local government:

Notification duty: A local government that becomes aware of any matter within its district it considers falls within s 5(3)(a) or (c) must forthwith give written notice to the Minister, with particulars and further information as requested (reg 4(1), (3)). The local government must also have regard to any general expression of opinion by the Minister of which it has notice (reg 4(2)).

Duties on inspectors and enforcement officers:

Infringement notice process: Inspectors who believe an offence listed in Schedule 3 has been committed may personally give the alleged offender an infringement notice in Form 11 that records the alleged offence, the contravened provision and the modified penalty (reg 26(1)). Inspectors must set the payment place and timeframe (reg 26(1)(d)).
CEO action and withdrawal: The CEO may withdraw an infringement notice within 28 days (reg 27). The CEO may also carry out remedial works for contraventions and recover reasonable expenses as a debt (reg 11).

Rights and procedural protections for applicants and respondents:

Right to be heard on management programmes: Persons may make representations in writing within 40 days of the publication of notice under s 35(4) concerning proposals to establish a management programme (reg 5(1)). Representations must state name, capacity and property interests (reg 5(2)).
Right to request reasons and conditions by implication: Where the Minister approves an application, the Minister must notify in writing and specify fees on payment of which the licence will be granted (reg 13(3)). The form licences set out terms and special conditions (Forms 2, 4, 6, 8), thereby providing a record of rights and obligations to the licence holder.
Payment of a modified penalty bars prosecution for that alleged offence, subject to withdrawal of the notice (reg 26(3)(a)). If the notice is withdrawn within the CEO’s withdrawal window any paid penalty must be refunded (reg 27(2)).
Transfer entitlements: A person acquiring operations giving rise to waste that is the subject of a disposal licence may apply for transfer within 30 days; if approved and fees paid the Minister endorses the licence with the transferee’s details and any further conditions (reg 19(1)-(3)). While awaiting transfer, the applicant may, if they intend to and lawfully may apply, discharge as if they held the licence (reg 19(4)).

Criminal prohibitions and penalties:

The Regulations prescribe a set of prohibitions in reg 8(1) (e.g., dumping mud or litter into waters, launching from unapproved sites, excavation below high water mark, discharging oil), with fixed penalties of $500 for contraventions of subparagraphs (d) or (h) and $200 for other contraventions (reg 8(2)).
Construction or alteration works listed in reg 9(1) require a licence; contravention attracts a penalty of $500 and further $50 for each day the offence continues (reg 9(2)).
Removal of specified structures without prior written permission or required notification is an offence with penalties ranging from $100 to $200 (reg 10(2)).
Impersonating an inspector or honorary warden carries a $500 penalty (reg 24).

Administrative enforcement:

CEO remuneration recovery for remedial works is available (reg 11). The CEO may remove works carried out contrary to the Regulations and recover reasonable expenses as a debt due to the Department.

Delegation and exercise:

In Part V, "Minister" includes a person or body acting on the Minister’s behalf or under direction (reg 12). The Jetties CEO must consult the Minister before issuing a jetty licence and have regard to any recommendations (reg 17(3)).

Overall, duties centre on procedural compliance (forms, plans, documentary evidence), payment of fees, timely notification and maintenance obligations. Rights include prescribed representations timelines, transfer mechanics for licences, and the option to avoid prosecution by payment of modified penalties subject to CEO withdrawal rules.

The Regulations create a tiered enforcement architecture that blends criminal fines, continuing daily penalties, modified penalties via infringement notices, administrative remediation with cost recovery, and targeted offences for impersonation and obstruction. This section details each mechanism and its statutory operation with references.

Criminal penalties under the Regulations:

General prohibitions (reg 8(1)): A range of acts are prohibited in relation to waters and associated land, including dumping mud/earth/litter into waters (8(1)(a)), keeping disused car bodies on associated land proximate to waters (8(1)(b)), discarding litter on associated land proximate to waters (8(1)(c)), constructing drains designed to discharge into waters without Minister approval (8(1)(d)), unauthorised launching of boats from trailers except on privately owned land abutting the waters or from a Minister‑approved launching place (8(1)(e)), disturbing beds or banks of waters in a way that endangers bank stability except on behalf of the Minister (8(1)(f)), excavating channels in beds below high water mark except on behalf of the Minister (8(1)(g)), building groynes or structures impeding flows except on behalf of or with written Minister approval (8(1)(h)), discharging oil from boats (8(1)(i)), and a series of aircraft‑related prohibitions (8(1)(j)(i)-(vi)). Offences against 8(1)(d) or (h) attract $500; other offences in 8(1) attract $200 (reg 8(2)).
Works requiring licences (reg 9): Constructing or permitting construction of certain structures in, over or contiguous with waters, constructing retaining walls, filling in or dredging beds, or digging to divert waters without a licence are offences punishable by $500 and an additional $50 for each day the offence continues (reg 9(2)). That creates a continuing penalty designed to incentivise prompt remedial action or licence acquisition.
Removal/notification offences (reg 10): Removing specified structures requires prior written Minister permission for retaining walls likely to impair bank stability (reg 10(1)(a)); other removals require notification within 7 days (reg 10(1)(b)). Breach carries $200 for paragraph (a) and $100 for paragraph (b) (reg 10(2)).
Impersonation (reg 24): A person falsely holding out as an inspector or honorary warden commits an offence liable to $500.

Modified penalty scheme (infringement notices):

Inspectors may issue infringement notices (Form 11) for contraventions listed in Schedule 3 (reg 26(1)). Schedule 3 maps specific provisions to modified penalty amounts (for example reg 8(1)(a) $30; 8(1)(b) $50; 8(1)(c) $30; 8(1)(d) $50; 8(1)(e) $30; 8(1)(f) $50; 8(1)(i) $30; 10(1)(a) $30; 10(1)(b) $10).
The infringement notice must be given personally and contain the date, time and nature of the alleged offence, a precise reference to the provision, the modified penalty amount and where and when it may be paid (reg 26(1)). The recipient has 21 days, or further time the CEO may allow, to pay the modified penalty (reg 26(2)).
Payment of the modified penalty within the time specified prevents further court proceedings in respect of that alleged offence unless the notice is withdrawn by the CEO (reg 26(3)(a)). Non‑payment within the period is taken as an election not to avail oneself of the regulation (reg 26(3)(b)).
The CEO may withdraw an infringement notice within 28 days of issue, whether or not the modified penalty has been paid; if paid, it must be refunded and treated as if it had not been paid for purposes of reg 26(3) (reg 27(1)-(2)).

Administrative remedial powers and cost recovery:

The CEO may carry out works he or she considers appropriate to remedy contraventions and may remove works carried out contrary to the Regulations, and recover from the responsible person any expenses reasonably incurred as a debt due to the Department (reg 11). This creates an administrative enforcement path that can be combined with or used instead of criminal prosecution.

Other enforcement features:

Licence conditions and surveys: Licences (notably dredging licences) may require compliance with survey requirements and carry remedial obligations if works exceed authorised limits (reg 16(2)(b)-(c)). Non‑compliance opens the licensee to the same enforcement remedies, including the CEO’s remedial powers.
Ministerial orders under the Act: The Regulations replicate mechanisms by which the Minister can require maintenance (retaining walls) and may enforce via section 50 orders of the Act (reg 15(2)). That brings the full statutory enforcement apparatus of the Act into play.

Enforcement actors and discretion:

Inspectors (appointed under the Act) have on‑the‑spot enforcement authority via the infringement notice process (reg 26). Honorary wardens may demand name and address, warn, require compliance and report to the CEO (reg 23), serving as community‑facing compliance monitors.
The CEO holds discretionary operational enforcement power: issuing withdrawal notices, performing remediation works and recovering costs (regs 11, 27).

Practical enforcement dynamics:

The mixture of small modified penalties (Schedule 3) for many ordinary contraventions and larger statutory penalties for prosecution creates a dual deterrent: quick resolution via payment of a modest sum or the risk of prosecution and larger penalties. The continuing daily penalty in reg 9(2) (an extra $50/day) increases exposure for prolonged unauthorised works.
The CEO’s ability to execute remedial works and recover costs converts non‑compliance into an immediate financial exposure that is enforceable as a debt, separate from criminal fines (reg 11).

The Regulations therefore give officials multiple enforcement levers: criminal prosecution, cost recovery, infringement notices, license conditions/enforced survey, and administrative orders. The Minister and CEO hold significant discretion in invoking different measures depending on the contravention and compliance behaviour.

The Regulations repeatedly reference and interact with the Waterways Conservation Act 1976 and with several other statutory instruments, creating a regulatory overlay that keys into parallel regimes. The textual interactions identified in the Regulations are the only sources cited here.

Primary interaction: Waterways Conservation Act 1976

The Regulations are made under and implement the Act. Numerous provisions expressly adopt the Act’s definitions and procedural backdrops: the term "act" is defined to mean the Waterways Conservation Act 1976 (reg 2(1)), licence powers operate under s 46 and s 47 of the Act (reg 13 references Act s 46(3); regs 18 references Act s 47), inspectors and honorary wardens are appointed under the Act with certificates prescribed here (regs 21-22 reference Act s 61(3) and s 62(4)). Offences in the Regulations invoke Act s 48(9) for contraventions of reg 7(2) (reg 7(2) cross‑references Act s 48(9)). Maintenance and enforcement under reg 15(2) are to be enforced under s 50 of the Act.

Interaction with the Jetties Act 1926

The Regulations incorporate the Jetties Act apparatus for jetties. Regulation 17 defines "jetties CEO", "jetty" and "jetty licence" in terms of the Jetties Act and treats a holder of a jetty licence under the Jetties Act as holding a licence under these Regulations for the purposes of the Waterways Conservation framework (reg 17(1)-(2)). The jetties CEO must give the Minister an opportunity to make recommendations before issuing a jetty licence and must have regard to such recommendations (reg 17(3)). This creates a formal liaison point between the two regimes.

Reference to the Land Administration Act 1997

Regulation 3 uses the Land Administration Act 1997 to define when associated land is reserved and the use of such land for disposal of rubbish may be an item falling within the Minister’s conflict powers (reg 3(a)(vii) and 3(b)(v)). That links decisions under these Regulations to land reserved under the Land Administration Act.

Ministerial discretion and local government planning frameworks

Regulation 3 lists matters the Minister can treat as falling within the exceptions to local government powers under s 5(3) of the Act. Regulation 4 requires local government to notify the Minister if it becomes aware of matters it considers fall within s 5(3)(a) or (c) and to have regard to any general expression of opinion by the Minister (reg 4(1)-(2)). This creates an interface with local planning and development decision‑making: where a local government would otherwise determine uses, the Minister’s opinion‑based triggers create a potential overlap in competencies and a requirement to notify.

Incorporation of Act procedures for management programmes

Regulation 5 prescribes the manner for making representations when notice is published under s 35(4) of the Act for establishing management programmes, giving affected persons 40 days to make written representations and specifying required information in those representations (reg 5(1)-(2)). Thus the Regulations specify procedural details for public participation built into the Act.

Enforcement and debt recovery

The CEO’s power to recover remedial expenses as a debt under reg 11 will operate alongside statutory debt‑recovery mechanisms in the Act and general law, although the Regulations themselves frame the recovery as a debt due to the Department (reg 11).

Forms and fees consistent with other regimes

The prescribed forms (Schedule 1) and the fees schedule (Schedule 2) create administrative parity between licences under these Regulations and other similar environmental or land‑use authorisations, but the Regulations do not expressly adopt other external fee regimes except those listed.

Net effect

The Regulations create explicit procedural links to the Waterways Conservation Act and to the Jetties Act and reference the Land Administration Act for land reservation contexts. They also operationalise Minister-local government coordination for matters where powers may overlap (reg 3 and reg 4). Users and advisers should therefore treat decision‑making under these Regulations as part of a mini‑statutory system: licence application, local government notification and Ministerial discretion are interconnected with the Act and with the Jetties and Land Administration Acts in specific, enumerated ways.

The text includes a compilation table which records the Regulations’ amendments and reprints up to 28 January 2011. The compilation table and marginal notes within individual regulations identify the formal amendment milestones and commencement dates. The chronology from the source is as follows:

Original instruments and commencement:
- Waterways Conservation Regulations 1981 , Gazetted 14 July 1981, commenced 25 August 1981 (reg 1(2) sets commencement as the 42nd day after Gazette publication). This is the primary instrument.
Post‑1981 amendments and reprints recorded in the compilation table:
- Waterways Conservation Amendment Regulations 1982 , Gazetted 3 December 1982; included in early compilation and specifically inserted Schedule 3 (noted at Schedule 3 inserted: Gazette 3 Dec 1982 p. 4698).
- Amendment Regulations 1995 , Gazetted 29 December 1995, with commencement 1 January 1996 (see compilation table).
- Amendment Regulations 1996 , Gazetted 26 November 1996 (Forms and appointment certificate changes appear to have been included about that time; Forms 9 and 10 inserted on 26 Nov 1996, Gazette references in Schedule 1).
- Amendment Regulations 1998 , Gazetted 22 January 1999 (reg 2 amended; see marginal note under reg 2).
- Reprint: a reprint of the Regulations as at 16 November 2001 is recorded.
- Amendment Regulations 2004 , Gazetted 30 December 2004; commencement 1 January 2005 (compilation table reference).
- Amendment Regulations 2008 , Gazetted 4 April 2008 (reg 3 amended; insertion of further categories under s 5(3) appears during this amendment; see marginal note).
- Amendment Regulations 2010 , Gazetted 23 November 2010 (wide package of amendments with effect from 24 November 2010 for many provisions; several regs show "amended: Gazette 23 Nov 2010 p. 5860‑8" in the marginal notes).
Reprint:
- Reprint 2: Waterways Conservation Regulations 1981 as at 28 January 2011, which incorporates the above amendments up to that date. The compilation table expressly notes that Reprint 2 includes amendments listed in the table.

Other particulars drawn from marginal notes and inserted text:

Specific insertions: Schedule 3, the modified penalties schedule, is noted as inserted in the headnote as per Gazette 3 Dec 1982 p. 4698.
Deletions and omissions: Division 4 (r. 20) was deleted (Gazette 30 Dec 2004 p. 7001). Part VIII was deleted by Gazette 29 Dec 1995 p. 6303 and Part IX omitted under the Reprints Act 1984 s. 7(4)(f).
Forms updates: Forms 9 and 10 (certificates for inspectors and honorary wardens) were inserted 26 Nov 1996 and subsequently amended 23 Nov 2010.

What the compilation record shows operationally:

The Regulations have been updated and reprinted multiple times, with the latest compilation date in the provided text being 28 January 2011.
The marginal annotations alongside individual regulations reflect the dates on which those regulations were amended (e.g., reg 2 amended Gazette 22 Jan 1999 and 23 Nov 2010; reg 3 amended Gazette 4 Apr 2008 and 23 Nov 2010).
Specific changes over time include insertion and later deletion of parts and divisions (e.g., deletion of Part VIII and Division 4 r. 20), and the insertion of forms and administrative refinements (Forms 9-12 revisions noted).

Implication for practitioners:

When advising or acting, check the latest reprint or current electronic version beyond the 2011 compilation if later amendments may have been made. This compilation table is useful to identify where to look for changes (Gazette notices and dates supplied in the table). The Regulations’ cross‑references to the Act and to other statutes likewise mean that amendment history of those statutes could affect operational practice even if the Regulations remain unchanged.

The Regulations as provided contain no judicial decisions, case references, or an embedded litigation history. The text does not name any cases or report any adjudicated disputes under the Regulations. Where the Regulations refer to statutory sections (for example s 5(3), s 35(4), s 46, s 47, s 48(9), s 50, s 61(3), s 62(4) of the Act) they do not include annotated case law or judicial interpretation within the printed reprint.

What this absence means for practitioners and researchers:

The Regulations themselves do not record how courts have interpreted key discretionary phrases used in the instrument , for example "proximate to any waters" (reg 2), or the many instances where the Minister’s "opinion" is the trigger (reg 3 and elsewhere). Without reported decisions in the text, practitioners must seek external judicial decisions or administrative review outcomes to understand how tribunals or courts have treated these evaluation points.
Potential litigation vectors can be inferred from the instrument’s structure but are not exemplified by cases in the source. Plausible judicial issues that could arise, based on the Regulations’ content, include judicial review challenges to Ministerial or CEO decisions where discretionary opinion triggers determine scope of intervention; merits review or statutory review of licence refusals, of conditions attached to licences, or of transfers/refusals to transfer disposal licences; challenges to the validity or exercise of enforcement actions including remediation and cost recovery; and challenges around the application of the infringement notice process (e.g., whether the inspector had reasonable belief).
The Regulations create multiple fact‑sensitive decision nodes: whether a matter falls within s 5(3)(a) or (c) as listed in reg 3; whether associated land is "proximate" in the Minister’s opinion (reg 2); and operational approvals for dredging, spoil disposal, and retention works (regs 14-16). Any litigation arising would likely engage administrative law grounds (reasonableness, procedural fairness, jurisdictional error), but the Regulations themselves do not supply adjudicative precedent.

Advice on researching litigation history:

Because no cases are included in this text, locate relevant decisions by searching Western Australian judicial databases, tribunal decisions, and administrative law reports for disputes referencing the Waterways Conservation Act 1976 or these Regulations. Also check decisions mentioning specific licence types (disposal licences, dredging licences, retaining wall orders) where the Regulations prescribe forms and procedures.
Also review decisions under the Jetties Act where reg 17 creates a cross‑regime link; those decisions may shed light on how jetty licences interact with Waterways Conservation decisions.

In short, the Regulations do not contain litigation history. Practitioners will need to undertake external case law research to find authoritative judicial or tribunal interpretations of the key discretionary vocabulary and procedural guarantees embedded in the instrument.

The Regulations include several provisions that create practical traps for the unwary or impose significant discretion and contingent liabilities. The following are concrete "gotchas" that the source text discloses.

Wide, opinion‑driven spatial test: "Proximate to any waters" depends on the Minister’s opinion (reg 2(1)). There is no fixed metre threshold; whether land falls within the regime is the Minister’s evaluative call. That can affect whether a local government matter must be notified (reg 4) and whether works require licences or fall within the Minister’s conflict powers (reg 3).
Ministerial evaluative triggers throughout: Many of the matters listed in reg 3 are qualified by "in the opinion of the Minister". Examples include whether a discharge is "likely to enter any waters" (reg 3(a)(iv)), whether vegetation removal "may affect the development or continued existence of such vegetation" (reg 3(a)(vi)), and whether a proposed use "may substantially affect any waters" (reg 3(a)(viii)(II)). This centralises factual judgements in the Minister or delegates and creates uncertainty for applicants about threshold assessments.
Forms are mandatory and detailed: Regulation 2(3) prescribes the forms in Schedule 1. Several application forms require specific attachments (plans, certificates of title, technical drawings, chemical analysis for disposal licence Form 7). Failure to provide the prescribed materials can delay processing or trigger a request for further information under reg 13(2).
Fee‑dependent issuance: Licensing depends on payment of specified fees (reg 13(3)-(4); reg 18(3)(b); Schedule 2). For disposal licences, the licence is not issued until issuing fee and licence fee are paid (reg 18(3)(b)). Costs are small in the Schedule but are required pre‑issuance.
Continuing exposure from unauthorised works: Reg 9(2) sets a penalty of $500 and a continuing $50 for each day the offence continues. That continuing daily exposure can accumulate quickly for prolonged unauthorised works.
CEO remedial work and debt recovery: The CEO may do works to remedy contraventions and recover reasonable expenses as a debt due to the Department (reg 11). This creates an immediate civil exposure separate from criminal sanctions, potentially requiring urgent engagement to prevent remediation costs.
Disposal licence short duration and renewal timing: Disposal licences are valid only for one year (reg 18(3)(c)) and renewal requires application within 60 days before expiry (reg 18(3)(d)). Failure to apply timely can interrupt lawful discharge operations.
Transfer timings and interim activity: A transferee must apply within 30 days after acquiring an interest in operations giving rise to waste if the nature of operations will not change (reg 19(1)). Practitioners must take care: while a pending application may allow continued discharge (reg 19(4)), late applications or changes to operations that alter discharge quality or quantity may invalidate the transfer route.
Modified penalties may foreclose prosecution, but can be withdrawn: Payment of a modified penalty precludes prosecution for the alleged offence unless the CEO withdraws the notice (reg 26(3)(a)). The CEO can withdraw within 28 days regardless of payment (reg 27(1)), and paid penalties must be refunded (reg 27(2)). Payment risks losing the right to contest in court, at least until a potential withdrawal.
Local government notification duty: A local government must "forthwith" notify the Minister when it becomes aware a matter falls within s 5(3)(a) or (c) (reg 4(1)). Failure to notify could shift responsibility or lead to oversight in planning approvals.
Cross‑regime interaction with Jetties Act: Jetty licences issued under the Jetties Act are taken to be licences under these Regulations (reg 17(2)). The Jetties CEO must give the Minister an opportunity to make recommendations (reg 17(3)). Applicants should coordinate across both regimes.
Aircraft prohibitions are broad: Regulation 8(1)(j) criminalises a broad set of aircraft operations on waters or associated land except "in an emergency". The phrase "in an emergency" lacks definition in the Regulations and will depend on operational judgement or the Minister’s view.
Honorary wardens’ limited powers: Honorary wardens may demand name and address, warn, require compliance and report (reg 23). They do not have enforcement powers to detain or issue infringement notices (that is the inspector’s role under reg 26). Confusion as to roles can cause practical friction in field enforcement.
Small modified penalties relative to statutory fines: Schedule 3 modified penalties are modest (e.g., $30-$50), which may tempt offenders to opt for payment rather than compliance, particularly where remediation costs and continuing penalties could be substantially higher. But payment also closes off court testing unless the CEO withdraws.
Delegation and substitution: "Minister" in Part V includes persons or bodies acting under direction (reg 12). Delegation can speed processing but raises questions about who made a subjective assessment when decisions rely on "opinion of the Minister".

Practitioners should factor these operational details into project planning, transfer and acquisition timetables, dispute contingency planning and enforcement risk assessments. The combination of Ministerial discretion, mandatory forms and documentation, continuing daily penalties and CEO cost recovery makes early engagement with the Minister’s office, the jetties CEO (where relevant) and timely application submission and fee payment vital.

This section provides concrete, step‑by‑step compliance guidance drawn from the Regulations’ procedural prescriptions. Each step cites the relevant regulation or form requirement so practitioners can map compliance tasks to statutory provisions.

Early threshold assessment: determine whether the proposed activity involves waters as defined by the Act (reg 6). If it concerns jetties, boat ramps, dredging, spoil disposal, vegetation removal, proposed commercial marina, drainage into waters, or other matters listed in reg 3, presume the Minister’s interest and prepare to notify or consult. The list in reg 3 is not exclusive but is a practical checklist for matters likely to trigger Ministerial interest.
Local government obligations: if you are a local government official, and you become aware of a matter in your district you consider falls within s 5(3)(a) or (c), give immediate written notice to the Minister stating all relevant particulars and be prepared to supply further information on request (reg 4(1), (3)). Have regard to any general expression of opinion by the Minister (reg 4(2)).
Choose the correct licence form early: Identify which licence applies and use the prescribed form in Schedule 1:
- Private boat ramps: use Form 1 for application and Form 2 is the licence form (reg 14; Forms 1-2).
- Retaining walls: use Form 3 to apply and Form 4 will be the licence (reg 15; Forms 3-4).
- Dredging/reclamation: use Form 5 to apply, Form 6 will be issued if approved (reg 16; Forms 5-6).
- Disposal licences for waste discharge: apply on Form 7, licence is Form 8 (regs 18-19; Forms 7-8). Ensure applications are submitted in duplicate where specified (Forms 1, 3, 5, 7 indicate duplicate where required).
Prepare and attach mandatory supporting material: The forms specify required attachments:
- Plans showing lot and proposed works location.
- Evidence of ownership (copy of certificate of title).
- Drawings with sufficient detail to assess strength characteristics for structures.
- For disposal licences: chemical analysis of wastes by an approved laboratory and flow diagram of waste path (Form 7). Lack of required materials will prompt a request for further information under reg 13(2).
Expect and respond promptly to Ministerial requests for further information: After filing, the Minister may direct that additional information be provided in writing (reg 13(2)). Respond within the timeframe requested to avoid delay.
Pay fees on notification of approval: Upon the Minister approving an application, you will be notified in writing of the appropriate fee in Schedule 2. Pay the fee to trigger issuance or renewal (reg 13(3)-(4); reg 18(3)(b)). Schedule 2 lists exact amounts (e.g., private boat ramp grant $30; retaining wall grant $50; disposal licence issuing fee $50 and annual licence fee $50; dredging grant $20 per week).
For disposal licences, observe expiry and renewal windows: Disposal licences are normally valid for one year from issue (reg 18(3)(c)). To renew without changing operations that would affect quality or quantity of discharge, apply in writing within 60 days before expiry with payment of the licence fee (reg 18(3)(d)).
For transfers, follow the 30‑day rule and provide requested information: If acquiring an interest in operations subject to a disposal licence and no change in discharge quality/quantity is intended, apply for transfer within 30 days and supply any information the Minister requests; upon approval and fee payment the Minister will endorse the licence (reg 19(1)-(3)). While awaiting determination an intending transferee who lawfully may apply may continue to discharge as if holder (reg 19(4)).
Comply strictly with licence terms and survey obligations: For dredging licences, do not dispose of spoil except as approved, do not exceed authorised depth/extent beyond any tolerance in the licence, comply with inspector directions about floating pipelines for navigation safety, and comply with surveys requested by the Minister to verify authorised works or to carry out remedial work as directed (reg 16(2)(a)-(c)).
Retaining wall maintenance: If you control a retaining wall at a bank of waters, be prepared to receive a written maintenance requirement from the Minister and to comply within 30 days or face an order under s 50 of the Act (reg 15(2)). The owner is treated as in control for these purposes (reg 15(3)).
Avoid unauthorised activities that attract continuing penalties or CEO remediation: Do not undertake activities that are prohibited in reg 8 or works that require a licence under reg 9(1) without a licence. If contraventions occur, remedial works by the CEO (reg 11) may be carried out and expenses recovered as a debt, in addition to criminal penalties or continuing daily fines (reg 9(2)).
Field enforcement and infringement notices: If issued an infringement notice (Form 11) by an inspector for a Schedule 3 contravention, consider the practical consequences: payment within 21 days prevents prosecution for that alleged offence unless the CEO withdraws the notice within 28 days (regs 26-27). Weigh the desire to litigate against the modest modified penalty amounts in Schedule 3 and the risk of subsequent prosecution if the notice is withdrawn, or of higher remediation costs if non‑compliance persists.
Coordinate with the Jetties CEO where applicable: If the project involves a jetty, liaise with the jetties CEO and the Minister: a jetty licence under the Jetties Act counts as a licence under these Regulations, and the jetties CEO must give the Minister an opportunity to make recommendations and have regard to them (reg 17(2)-(3)).
Maintain records and evidence: Keep copies of all forms, plans, certificates of title, analytical reports, survey results and correspondence with the Minister, the CEO and inspectors. These records will be essential in demonstrating compliance, in responding to maintenance notices, in transfer applications and in defending any enforcement action.
Use honorary wardens and inspectors properly: Recognise that honorary wardens may demand name and address and report matters (reg 23), but they do not issue infringement notices which is the inspectors’ role (reg 26). If an honorary warden or inspector asks for particulars, comply with lawful requests.
Seek timely legal or technical advice on borderline issues: Where works may "in the opinion of the Minister" be proximate, or where discharges may "be likely to enter any waters", obtain early technical and legal advice and consider pre‑application consultation with the Minister’s office to reduce the risk of refusal or enforcement.

Following these steps will align practical workflows with the Regulations’ explicit procedural and documentary requirements and reduce the risk of enforcement exposure, remediation costs or licence delays.

Deep Dive

What it does

Current sections