Swan and Canning Rivers Management Amendment Regulations 2012 (WA)
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ENVIRONMENT
EV301*
Swan and Cannin g, Rivers Manaiement Act 2006
Swan and Canning Rivers Management
Amendment Regu lations 2012
Made by the Governor in Executive Council.
1. Citation
These reulations are the Swan and Canning Rivers
Management Amendment Regi(/ ((ions 2012.
2. Commencement
These reulations conic into operation as follows
(a) re^ulations I and 2 — on the day on hich these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day. 3. Re;,ulations amended
These regulations amend the Sworn and Canning Rivers
Management Regi(Jalion.s 2007.
4. Regulation 2 amended
section means a section of the Act;
(1) In ieulation 2 delete "re^,ulations - " and insert: regulations, unless the contrary intention appears (2) In regulation 2 insert in alphabetical order: leaseholder means a person who holds a lease for land
\%ithin the R1verpark or development control area;
maintenance dierJ,in . in waters in the RZiverpark or-
development control area, means dr-edin,, that is
necessary for the maintenance of access b y vessels to
marinas and jetties in the Riverpark or development
control area;
2 August 2012 GOVERNMENT GAZETTE, WA 17:3:3 spectator event means an event held in the Riverpark
or development control area, intended to attract
spectators or participants or provide entertainment;
unrdertake. works. acts or activities, includes to cause
the %•orks. acts or activities to be undertaken:5. Regulation 3 deleted
Delete regulation 3.
6. Regulation 4 amended
In regulation 4:
(a) delete ""development" in section 3 of the Act —" and insert: that term in section 3(1) —
(b) after paragraph (f} insert: (ga) works. acts and activities by leaseholders that
are of a value less than $50 000;
(c) in paragraph (g)(ii) delete "$50 000;" and insert: $500 000;
(d) in paragraph (h) delete "(other than those specified in regulation 3(2))": (e) in paragraph (j) delete "hazards." and insert: hazard s;
(f} after paragraph (j) insert: (k) maintenance dredging in waters in the Riverpark or development control area;
(1) scientific studies.
7. Regulation 5 amended
In regulation 5 delete "section 85(1) of the Act —" and insert:
section 85(1)
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8. Regulation 6 amended
In regulation 6 delete "section 72 of the Act." and insert:
section 72.
9. Reguiation 7 amended
In regulation 7 delete "section 89(4) of the Act." and insert:section 89(4).
10. Regulation 8 amended
In regulation 8(a) delete "section 70 of the Act; or" and insert:
section 70 or
11. Regulation 9 amended
In regulation 9(2)(j)(iii) delete "an event intended to attract spectators or participants or provide entertainment;" and insert:
a spectator event;
12. Regulation 10 amended
(1) In regulation 10(2) delete "or cause to be undertaken". (2) In regulation I 0(3)(b) and (c) delete "or caused to be
undertaken".
13. Reguiation 11 amended
(1) In regulation 11(1) in the definition ofenzei,encv works, acts
or activities delete "development, but does not include an act or
activity referred to in regulation 3(3)." and insert:
development.
(2) In regulation 11(2) delete "or cause to be undertaken".
2 August 2012 CTOVERNITENT CT:1ZETTE, W '1 113 14. Regulation 12 amended
Delete regulation 12(3) and insert:
(3) A Schedule 5 authority must not undertake on land that is in the Riverpark or development control area. •orks for the purpose of , controlling erosion unless —
(a) the works comprise repairs or maintenance of a
structure for erosion control; or
(h) the authority has a permit to do so. Penalty: a fine of $5 000.
15. Regulation 13 amended
(1) In regulation 13(1) in the definition of temporart , structure
delete ""development" in section 3 of the Act."" and insert:that term in section 3(1). (2) Delete regulation 13(2) and insert: (2) A person must not place or remove a temporary structure. including a structure associated ith a spectator event, in the Riverpark or development control area unless —
(a)
the temporary structure relates to an act or activity referred to in regulation 17(2)(b); or
(b) the person has a permit to do so. Penalty: a fine of $5 000.
16. Regulation 14A inserted
After regulation 13 insert:
14A. Works by leaseholders (1) In this regulation works means •orks that. but for regulation 4(ga), would constitute development. but does not include oi ks. acts or activities referred to in regulation 9. 10,
12 or 15.
(2) A leaseholder must not undertake any works in the
Riverpark or development control area unless the
leaseholder has a permit to do so.
Penalty: a fine of $5 000.
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17. Regulation 14 amended
Delete regulation 14(2) and insert:
(2) A Schedule 5 authority must not undertake any works
in the Riverpark or development control area unless
(a) the works are of a value less than $10 000; or (b) the authority has a permit to do so. Penalty: a fine of $5 000.
18. Regulation 15 amended
In regulation 15(2) delete "or cause to be undertaken".
19. Re-uhitions 16A to 16C inserted
At the end of Part 2 Division 2 insert:
16A. Aircraft activity (1) In this re,ulation
aircraft means a machine that can derive support in the
atmosphere from buoyancy or the reactions of the air-
hut does not include a hovercraft;
aircraft activity means all or any of the following -
(a) the landing or touching down of an aircraft; (b) the take off of an aircraft; (c) the standing. parking. docking or mooring of an aircraft; (d) the embarkation of passengers onto or disembarkation of passengers from an aircraft; (e)
(f} the refuelling, servicing or repair of an aircraft. the loading of freight onto or the unloading oftrei,ht from an aircraft;
(2) A person must not undertake any aircraft activity in the Riverpark or development control area unless —
(a) the activity is urgently required to avoid of mitigate danger to public safety or significant damage to property or the environment; or (b) the person has - (i) a licence to do so granted under section 32; or
(ii) a permit to do so.
Penalty: a fine of $5 000.
2^3 August 2012 CTOVERNITENT CTAZETTF. W.\ 137
16B. Nlaintenance dred^;inc; A person must not, except in accordance with a permit, undertake maintenance dred ^n in waters in the
Riverpark or development control area.
Penalty: a fine of $5 (1)00.16C. Scientific studies A person must not, except in accordance with a permit.
undertake any scientific studies in the Riverpark of
development control area.
Penalty : a fine of $5 000.
20. Regulation 16 amended
In regulation 16(a) delete "section 70 of the Act; or" and insert:section 70; or
21. Regulation 17 amended
Delete regulation 17(2)(b) and insert:(b) is undertaken -
(i) in accordance with a licence or permit
granted under the Conservation and
Land Management Act 19 3-1section 101; or
(ii) under the Fish Resources Management
in accordance with a licence granted or 5; or
(iii) in accordance with a permit anted under regulation 26; of (iv) in the course of an event referred to in regulation 26(4). 22. Regulation 22A inserted
After reulation 21 insert:
22A. Leaving vessels unattended, or placing moorings, on
land(1) A person must not leave a vessel unattended for
8 hours or more above the high water mark in the Riverpark or development control area unless -
(a)
the vessel is stored in a facility approved by the Trust for that purpose; or
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(b) the person has a permit to do so.
Penalty: a fine of $5 000.
(2) A person must not. unless the person has a permit to do so.. place above the high water mark in the Riverpark or development control area an object for securing
vessels.
Penalty: a fine of $5 000.
23. Regulation 24 amended
(1) In regulation 24(2) after "courtesy mooring" insert: during the period from 7 a.m. to 7 p.m. on any particular day (2) Delete regulation 24(3) and insert:
(3) A person must not secure a vessel to a Trust courtesy mooring if the vessel exceeds the maximum length of vessel for that mooring as specified on a sign affixed to the mooring by the Trust. Penalty: a fine of $5 000.
24. Reguhution 26 amended
(1) Delete regulation 26(1). (2) In regulation 26(2) delete "an organised event on land in the
Riverpark or development control area.." and insert:a spectator event within the River reserve,
(3) In regulation 26(4)(b) before "an event" insert: in relation to Note: The heading to amended regulation 26 is to read: Spectator events in River reserve
25. Regulation 37 amended
In regulation 37 delete "section 123 of'the Act." and insert:section 123.
2 August 2012 CTOVERNITENT CT1ZETTE, WA 4 7:39
2t. Regula tion 39 amended In retulation 39 delete "section 123(3)(a) of the Act." and insert:
section 123(3)(a). 27. Regulation 40 amended
In reulation 40 delete "section 123(7) of the Act." and insert:section 123(7). 28. Regulation 42 amended
In re i ulation 42 delete "of the Act".29. Regulation 44 amended (1) In re^pulation 44(1) delete "section 29 of the Act," and insert: section 29. (2) In retulation 44(2) delete "of the Act". 30. Schedule I amended
(1) In Schedule I after the item be y, nnin "r. 13(2)" insert:
r. 14A(2) Leaseholder undertaking works without permit $200
(2) In Schedule I after the item be y,inning "r. 15(2)" insert:
r. 16A(2) Undertaking aircraft activity without licence or $200 perm it
r. 16B Undertaking maintenance dredging without $200 perm it r. 1 6C Undertaking scientific studies without permit $200
(3) In Schedule I after the item beginning "r. 21(1)" insert:
r. 22A(l) Leaving vessel unattended on land without $200 perm it
r. 22A(2) Placing object to secure vessel on land without $200 perm it
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(4) In Schedule I in the item beginning "r. 26(2)" delete `organised
event" and insert :
spectator event in Ri^cr reserve
By Command of the Governor..
N. HAGLEY. Clerk or the Executive Council.
MINERALS AND PETROLEUM
MP3O 1'^
Mines Safety and Inspection Act 1994
Mines Safety and Inspection Levy Amendment
Regulations 2012
Made by the Governor in Executive Council. 1. Citation
These reulations are the Mines Satf iy and Inspection Leary
1 inendinent Regidalions 2012.2. Commencement
These regulations conic into operation as follows -
(a) regulations I and 2 on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations on the day after that day. 3. Regulations amended
These regulations amend the :Clines Safety and Inspection Leary
Regu/crlions 2010.
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