Swan and Canning Rivers Management Regulations 2007 (WA)
Western Australia
Swan and Canning Rivers Management Act 2006
Western Australia
Swan and Canning Rivers Management Act 2006
These regulations are the
Note:
Under the
In these regulations, unless the contrary intention appears —
(a) means a machine that can derive support in the atmosphere from buoyancy or the reactions of the air; but
(b) does not include a hovercraft;
(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) the loading of freight onto or the unloading of freight from an aircraft;
(f) the refuelling, servicing or repair of an aircraft;
(a) erect, place, stick, paint, stencil or affix at, on or to any place or thing; or
(b) display on a vehicle, vessel or inflatable object,
so as to be visible to a person in a public place;
The following works, acts and activities do not constitute development for the purposes of the definition of that term in section 3(1) —
(a) the exhibition of a sign, including a traffic control sign or device;
(b) repairs to or maintenance of an existing structure which —
(i) are not related to a material change in the use of any part of the structure; and
(ii) do not alter the structure’s function or appearance;
(c) the carrying out of work inside a building which is not related to a material change in the use of any part of the building and does not alter its external appearance;
(d) works, acts and activities urgently required to avoid or mitigate danger to public safety or significant damage to property or the environment;
(e) works, acts and activities undertaken —
(i) by a Schedule 5 authority for the purpose of controlling erosion; or
(ii) by any other person for the purpose of controlling erosion on private property that is contiguous with the River reserve;
(f) the placement of temporary structures, including structures associated with spectator events, for a period not exceeding 6 months, and the removal of those structures;
(ga) works, acts and activities by leaseholders that are of a value less than $500 000;
(g) works, acts and activities by Schedule 5 authorities that are not for commercial purposes or use and —
(i) are carried out in accordance with a management programme; or
(ii) are of a value of less than $5 000 000;
(h) acts and activities that do not involve the erection, construction, demolition, alteration or carrying out of any building, excavation, or other works, in, on, over or under land or waters;
(i) fire hazard reduction (other than fire hazard reduction referred to in paragraph (j)), including the creation of access tracks for the purpose of fire hazard reduction;
(j) fire control in the course of fighting a fire, including the making of fire breaks, providing access, burning or other means used to reduce fire hazards;
(ja) aircraft activities;
(k) maintenance dredging in waters in the Riverpark or development control area;
(l) scientific studies.
The following works, acts and activities are prescribed for the purposes of section 85(1) —
(a) works that are not for commercial use and are carried out on private property;
(b) the placement of temporary structures, including structures associated with spectator events, for a period exceeding 6 months but not exceeding 18 months, and the removal of those structures.
Schedule 2 Form 1 is prescribed for the purposes of section 72.
Schedule 2 Form 2 is prescribed for the purposes of section 89(4).
This Division does not apply to —
(a) anything done in accordance with an approval for the purposes of section 70; or
(b) anything done in accordance with a determination of the Western Australian Planning Commission under the Metropolitan Region Scheme clause 45 or former clause 30A; or
(c) anything done in accordance with a licence agreement; or
(d) anything that may lawfully be done because of section 69(4).
(1) A person must not, unless the person has a permit to do so, exhibit a sign in the Riverpark or development control area.
Penalty for this subregulation: a fine of $5 000.
(2) Subregulation (1) does not apply to the following signs —
(a) a sign exhibited with the approval of a Schedule 5 authority that owns or has the care, control and management of the land on which the sign is exhibited if —
(i) the approval was given prior to the coming into operation of these regulations; and
(ii) the sign is not changed;
(b) a sign exhibited by a Schedule 5 authority;
(c) a sign exhibited in accordance with a requirement of a written law;
(d) a sign in relation to directions, or the construction, maintenance or use of roads, exhibited with the approval of the Commissioner of Main Roads;
(e) a sign exhibited for the duration of any works or activities for the purpose of giving advice or directions concerning matters of access or safety;
(f) a sign within a building;
(g) a sign providing a warning about security arrangements protecting premises or a facility;
(h) a sign exhibited on a notice board approved by the CEO for that purpose;
(i) a sign that complies with the requirements of a local law or local planning scheme relating to signs in the relevant part of the Riverpark or development control area and is —
(i) a newspaper or magazine poster; or
(ii) a sign exhibited on a shop window; or
(iii) a sign exhibited on street furniture or a bus shelter or seat; or
(iv) an election sign; or
(v) a real estate or property disposal sign; or
(vi) a community information sign; or
(vii) a direction sign; or
(viii) a name plate; or
(ix) a portable A frame sign or sandwich board not exceeding 1 m
2 ; or(x) a sign on a vehicle or vessel;
(j) a sign exhibited —
(i) on land outside of the River reserve that is owned by or under the care, control and management of a Schedule 5 authority; and
(ii) in accordance with the approval or permission of that Schedule 5 authority; and
(iii) in the course of a spectator event;
(k) a sign exhibited in the River reserve in accordance with a permit granted under regulation 26;
(l) a sign exhibited on a vehicle or vessel that —
(i) identifies the manufacturer or type of vehicle or vessel, or is the name of the vehicle or vessel; or
(ii) is within the Riverpark or the development control area for the purpose of delivering goods or services to an activity being lawfully undertaken within the Riverpark or the development control area; or
(iii) is generally or principally intended for use in an event for which permission is required under the
Navigable Waters Regulations 1958 regulation 51C; or(iv) is used for public transport or as a licensed taxi;
(m) a sign exhibited on clothing or personal items worn or carried by an individual.
(2A) In regulation 9(2)(i) —
(3) The CEO may transfer a permit granted for the purposes of this regulation from one person to another.
(4) The CEO may —
(a) remove any sign exhibited in contravention of this regulation; and
(b) dispose of the sign so removed as the CEO thinks fit.
(5) If the CEO removes or disposes of a sign under subregulation (4), the CEO may recover the cost of the removal or disposal in a court of competent jurisdiction from the owner of the sign.
(1) In this regulation —
(a) land reserved under the
Land Administration Act 1997 Part 4; or(b) a nature reserve or marine reserve as those terms are defined in the
Conservation and Land Management Act 1984 ; or(c) land owned by a Schedule 5 authority;
(2) A person must not, unless the person has a permit to do so, undertake in the Riverpark or development control area repairs to or maintenance of an existing structure.
Penalty for this subregulation: a fine of $5 000.
(3) This regulation does not apply to —
(a) repairs to or maintenance of a structure that is wholly within private property; or
(b) repairs to or maintenance of a structure that is wholly within a park, if the repairs are undertaken by a Schedule 5 authority that owns or has the care, control and management of the park; or
(c) repairs to or maintenance of a structure that is partly within private property and partly within a park, if the repairs are undertaken by a Schedule 5 authority that owns or has the care, control and management of the park; or
(d) works referred to in regulation 4(c).
(1) In this regulation —
(2) A person must not, unless the person has a permit to do so, undertake any emergency works, acts or activities in the Riverpark or development control area.
Penalty for this subregulation: a fine of $5 000.
(3) Subject to any conditions and restrictions imposed on the permit, a permit granted for the purposes of this regulation is to be taken to include a permit to carry out any other works, acts or activities that are reasonably necessary for the purposes of carrying out the works, acts or activities in relation to which the permit is granted.
(4) It is a defence to proceedings for an offence under this regulation if —
(a) the person charged with that offence proves that —
(i) the person took all reasonable precautions to avoid the need for the emergency works, acts or activities; and
(ii) it was not reasonably practicable to obtain a permit before undertaking the emergency works, acts or activities; and
(iii) as soon as was reasonably practicable the person gave the CEO written notification of the emergency works, acts or activities;
or
(b) the person charged with that offence proves that the person applied for a permit in relation to the emergency works, acts or activities, and the court is of the opinion that the permit should have been granted.
(1) In this regulation —
(2) A person must not, unless the person has a permit to do so, undertake or cause to be undertaken on land that is in the development control area, works for the purpose of controlling erosion on private property that is contiguous with the River reserve.
Penalty for this subregulation: a fine of $5 000.
(3) A Schedule 5 authority must not undertake on land that is in the Riverpark or development control area, works for the purpose of controlling erosion unless —
(a) the works comprise repairs or maintenance of a structure for erosion control; or
(b) the authority has a permit to do so.
Penalty for this subregulation: a fine of $5 000.
(1) In this regulation —
(2) A person must not place or remove a temporary structure, including a structure associated with a spectator event, in the Riverpark or development control area unless —
(a) the temporary structure relates to an act or activity referred to in regulation 17(2)(b); or
(b) the person has a permit to do so.
Penalty for this subregulation: a fine of $5 000.
(1) In this regulation —
(2) A leaseholder must not undertake any works in the Riverpark or development control area unless the leaseholder has a permit to do so.
Penalty for this subregulation: a fine of $5 000.
(1) In this regulation —
(2) A Schedule 5 authority must not undertake any works in the Riverpark or development control area unless —
(a) the works are of a value less than $10 000; or
(b) the authority has a permit to do so.
Penalty for this subregulation: a fine of $5 000.
(1) In this regulation —
(2) A person must not, unless the person has a permit to do so, undertake fire hazard reduction in the Riverpark or development control area unless the fire hazard reduction is carried out —
(a) in accordance with a management programme; or
(b) in the course of fighting a fire.
Penalty for this subregulation: a fine of $5 000.
A person must not undertake any aircraft activity in the Riverpark or development control area unless —
(a) the activity is urgently required to avoid or mitigate danger to public safety or significant damage to property or the environment; or
(b) the person holds a permit to carry out the activity.
Penalty: a fine of $5 000.
A person must not, except in accordance with a permit, undertake maintenance dredging in waters in the Riverpark or development control area.
Penalty: a fine of $5 000.
A person must not, except in accordance with a permit, undertake any scientific studies in the Riverpark or development control area.
Penalty: a fine of $5 000.
This Part does not apply to —
(a) anything done in accordance with an approval for the purposes of section 70; or
(b) anything done in accordance with a determination of the Western Australian Planning Commission under the Metropolitan Region Scheme clause 45 or former clause 30A; or
(c) anything done in accordance with a licence agreement; or
(d) anything that may lawfully be done because of section 69(4).
(1) A person must not, unless the person has a permit to do so, undertake or cause to be undertaken an act or activity in the Riverpark or development control area if the act or activity is undertaken for a commercial purpose.
Penalty for this subregulation: a fine of $5 000.
(2) This regulation does not apply to an act or activity that —
(a) involves the erection, construction, demolition, alteration or carrying out of any building, excavation, or other works, in, on, over or under land or waters (in which case a different form of authorisation will be required); or
(b) is undertaken —
(i) in accordance with a licence granted under the
Conservation and Land Management Regulations 2002 regulation 94; or(ii) in accordance with a licence granted under the
Fish Resources Management Regulations 1995 Part 11 Division 1 or 5; or(iii) in accordance with a permit granted under regulation 26; or
(iv) in the course of an event referred to in regulation 26(4).
(1) A person must not, unless the person has a permit to do so, do or cause the doing of anything that is likely to bring about the collapse or movement of any part of the banks of waters in the Riverpark or development control area.
Penalty for this subregulation: a fine of $5 000.
(2) Without limiting subregulation (1), a reference in that subregulation to the doing of anything includes —
(a) the removal of any tree, shrub or other plant; and
(b) causing or permitting grazing by livestock.
(1) A person must not, unless the person has a permit to do so, dig in the bed or subsoil beneath any waters in the Riverpark.
Penalty for this subregulation: a fine of $5 000.
(2) Subregulation (1) does not apply to —
(a) digging for the purpose of taking worms or invertebrates (although regulation 20 may apply); or
(b) anchoring vessels.
(1) A person must not, unless the person has a permit to do so —
(a) dig for worms or other invertebrates in the Riverpark; or
(b) take worms or other invertebrates from the Riverpark if the worms or other invertebrates were obtained by digging.
Penalty for this subregulation: a fine of $5 000.
(2) This regulation does not apply —
(a) if —
(i) the worms or other invertebrates are dug up in the bed or subsoil beneath any waters that is at least 5 m from any river bank and any vegetation; and
(ii) any other material dug from the bed or subsoil is returned to the location from which it was taken;
or
(b) in an area that is a park or reserve established under the
Conservation and Land Management Act 1984 (in which case, authorisation is required under that Act).
(1) A person must not, unless the person has a permit to do so, destroy, pull up, cut back or injure any tree, shrub, aquatic plant or other perennial plant that is in the Riverpark or development control area.
Penalty for this subregulation: a fine of $5 000.
(2) Nothing in subregulation (1) applies to anything done —
(a) in the normal operations of a farm, orchard, plantation, vineyard or other commercial agricultural operation; or
(b) for the purpose of routine maintenance of any reserve under the
Land Administration Act 1997 or theConservation and Land Management Act 1984 , land owned by a Schedule 5 authority or any garden or grassed area; or(c) by way of removal of plants usually regarded as weeds; or
(d) by way of fire control in the course of fighting a fire, including the making of fire breaks, providing access, burning or other means used to reduce fire hazards; or
(e) by way of fire hazard reduction carried out in accordance with a management programme; or
(f) in the creation of access tracks for fire hazard reduction in accordance with a management programme.
(1) A person must not leave a vessel unattended for 8 hours or more above the high water mark in the Riverpark or development control area unless —
(a) the vessel is stored in a facility approved under Part 5 of the Act or by permit for that purpose; or
(b) the person has a permit to do so.
Penalty for this subregulation: a fine of $5 000.
(2) A person must not, unless the person has a permit to do so, place above the high water mark in the Riverpark or development control area an object for securing vessels.
Penalty for this subregulation: a fine of $5 000.
(1) In this regulation —
(a) a boat ramp —
(i) approved under the
Swan River Trust Act 1988 1 or theSwan and Canning Rivers Management Act 2006 ; or(ii) that was in existence at the commencement of the
Swan River Trust Act 1988 1 , and has not been altered in contravention of that Act or theSwan and Canning Rivers Management Act 2006 ,
and that is licensed to be used under the
(b) an area that is between 2 signs for the time being erected or established by authority of the CEO and inscribed with words indicating that the launching of vessels from trailers is permitted and each having an arrow pointing generally towards the other sign;
(2) A person must not, unless the person has a permit to do so, launch a vessel directly from a trailer into any waters in the Riverpark or development control area except at a permitted launching place.
Penalty for this subregulation: a fine of $5 000.
A person must not use a vessel in waters in the development control area as living accommodation unless —
(a) the vessel is moored in an area approved by the CEO for the purposes of this regulation; or
(b) the person does not use the vessel as living accommodation for —
(i) a period of more than 6 consecutive days; or
(ii) more than 10 days (which do not include any period of more than 6 consecutive days) in any period of 30 consecutive days that includes the period in which the offence is alleged to have been committed.
Penalty: a fine of $5 000.
(1) In this regulation —
(2) A person must not deposit litter, or cause litter to be deposited, in the Riverpark unless the litter is deposited in a place or receptacle set aside or provided for that purpose.
Penalty for this subregulation: a fine of $5 000.
(3) A person must not deliberately break any glass, metal or earthenware object in the Riverpark.
Penalty for this subregulation: a fine of $5 000.
[(1) deleted] (2) A person must not, unless the person has a permit to do so, organise or hold a spectator event within the River reserve, or promote such an event.
Penalty for this subregulation: a fine of $5 000.
(3) A permit for the purposes of this regulation may include a permit to exhibit signs in a manner and form specified in the permit.
(4) Subregulation (2) does not apply —
(a) in relation to an event for which permission is required under the
Navigable Waters Regulations 1958 regulation 51C; or(b) in relation to an event on land owned by or under the care, control and management of a Schedule 5 authority.
(1) In this regulation —
(2) An application for a permit for the purposes of regulation 11 may be made to the CEO orally or in writing.
(3) The permit may be given to the applicant orally or in writing.
(4) If the applicant is given a permit orally, the CEO must give the applicant a permit in writing as soon as practicable after giving the permit orally.
(5) The CEO may refuse to accept an application under this regulation and require the application to be made under regulation 28.
(1) Except as provided in regulation 27, an application for a permit must —
(a) be made in a form and in the manner approved by the CEO; and
(b) provide the information required by the form; and
(c) be lodged with the CEO together with any application fee prescribed under these regulations.
(2) The CEO may require an applicant to provide additional information reasonably related to an application before determining the application.
(3) The CEO may refuse to consider an application which is not in accordance with subregulation (1) or where an applicant has not complied with subregulation (2).
(1) The CEO may grant, or refuse to grant, a permit to carry out an activity for which a permit is required under these regulations.
(2) A permit may be granted in combination with other permits.
(3) A permit granted in relation to an activity authorises entry to, and use of, land and waters under the care, control and management of the Trust for the purposes of the activity.
(1) Subject to these regulations, a permit has effect for the period specified in the permit.
(2) The CEO may, by written notice given to the holder of a permit, extend the period for which the permit has effect.
(1) The CEO may impose conditions and restrictions on a permit.
(1A) Without limiting subregulation (1), the CEO may impose a condition on a permit that requires the holder to take out and maintain insurance in connection with the activity to which the permit relates.
(2) Conditions and restrictions imposed on a permit must be endorsed on or attached to the written permit.
(3) The holder of a permit who contravenes a condition or restriction imposed on the permit commits an offence.
Penalty for this subregulation: a fine of $5 000.
(1) The CEO may amend a permit by correcting in the permit a clerical mistake or unintentional error or omission.
(2) The CEO may amend a permit to vary any conditions or restrictions imposed on the permit.
Note for this subregulation:
The procedure under regulation 34 applies to an amendment under this subregulation on the initiative of the CEO if the holder of the permit has not consented to the amendment.
(3) A permit may be amended under subregulation (1) or (2) —
(a) on application by the holder of the permit; or
(b) on the initiative of the CEO (with or without the consent of the holder of the permit).
(4) The CEO must give the holder of a permit written notice of an amendment of the permit under subregulation (1) or (2).
(1) The CEO may revoke or suspend a permit if there are grounds to do so under subregulation (2).
Note for this subregulation:
The procedure under regulation 34 applies to a revocation or suspension under this subregulation.
(2) The grounds for revocation or suspension of a permit under subregulation (1) are that —
(a) the CEO is satisfied that there has been a breach of any of the conditions or restrictions to which the permit is subject; or
(b) information contained in or supporting the application for the permit was false or misleading in a material respect; or
(c) the CEO considers that the continuation of the activity to which the permit relates would adversely affect the ecological and community benefits and amenity of the Riverpark or development control area.
(3) The CEO may revoke a permit if —
(a) the CEO intends to grant another permit to the holder of the permit in relation to the activity to which the permit relates; and
(b) the CEO considers that the other permit will be more appropriate in the circumstances.
Note for this subregulation:
The procedure under regulation 34 applies to a revocation under this subregulation.
(4) The CEO may revoke a permit with the consent of the holder of the permit.
(5) The CEO may revoke the suspension of a permit under subregulation (1) at any time.
(6) The CEO must give the holder of a permit written notice of —
(a) a revocation of the permit under subregulation (1), (3) or (4); or
(b) a suspension of the permit under subregulation (1); or
(c) a revocation of the suspension of the permit under subregulation (5).
(7) A notice under subregulation (6)(b) must specify the period of suspension.
(1) This regulation sets out the procedure that must be followed if the CEO proposes to do any of the following (the
proposed action ) —(a) amend a permit under regulation 32(2) on the initiative of the CEO, if the holder of the permit has not consented to the amendment;
(b) revoke a permit under regulation 33(1) or (3);
(c) suspend a permit under regulation 33(1).
(2) The CEO must give the holder of the permit a written notice that —
(a) states details of the proposed action including, in the case of a proposed suspension under regulation 33(1), the proposed period of suspension; and
(b) invites the holder to make written representations to the CEO to show why the proposed action should not be taken; and
(c) states the period within which representations may be made.
(3) The period stated in the notice under subregulation (2)(c) must be a period of at least 14 days beginning on the day after the notice is given.
(4) Representations by the holder of the permit must be made in writing.
(5) The CEO must not take the proposed action until after the end of the period stated in the notice under subregulation (2)(c), unless the holder of the permit has —
(a) given written notice to the CEO that the holder does not intend to make representations; or
(b) made written representations to the CEO and given written notice to the CEO that the holder does not intend to make further representations.
(6) Before taking the proposed action, the CEO must consider any representations made by the holder of the permit in accordance with this regulation.
(7) If the CEO decides not to take the proposed action, the CEO must give the holder of the permit written notice of the decision.
Note for this subregulation:
If the CEO decides to take the proposed action, written notice of the amendment, revocation or suspension must be given under regulation 32(4) or 33(6), as the case requires.
(1) This regulation applies if —
(a) the CEO gives the holder of a permit a notice under regulation 34(2) in relation to a proposed revocation or suspension of the permit under regulation 33(1) on the grounds referred to in regulation 33(2)(c); and
(b) the CEO considers it necessary for the permit to be suspended immediately because there is an immediate and serious risk of harm to the ecological and community benefits and amenity of the Riverpark or development control area.
(2) The CEO may, by written notice (an
interim suspension notice ) given to the holder of the permit, immediately suspend the permit until the earlier of the following —(a) the day on which the CEO gives the holder written notice of —
(i) the revocation or suspension of the permit under regulation 33(1); or
(ii) the decision not to revoke or suspend the permit under regulation 33(1);
(b) the end of the period of suspension specified in the interim suspension notice.
(3) The interim suspension notice must —
(a) state that the permit is suspended with immediate effect; and
(b) specify a period of suspension not exceeding 6 weeks; and
(c) explain the period for which the suspension has effect under subregulation (2).
(4) The interim suspension notice may form part of the notice given to the holder of the permit under regulation 34(2).
(5) The CEO may revoke the suspension of the permit under subregulation (2) at any time.
(6) The CEO must give the holder of the permit written notice of a revocation of the suspension of the permit under subregulation (5).
Any approval of the Trust given under the
The offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 123.
The modified penalty to be specified in an infringement notice issued for an offence is the modified penalty set out for that offence in Schedule 1.
Schedule 2 Form 3 is prescribed for the purposes of section 123(3)(a).
Schedule 2 Form 4 is prescribed for the purposes of section 123(7).
For each separate and further offence committed by a person under the
The rate of interest for the purposes of section 103(4) is —
(a) the rate of interest prescribed under the
Civil Judgments Enforcement Act 2004 section 8(1)(a); or(b) 6% per annum,
whichever is the higher rate.
(1) If a Schedule 5 authority proposes to exercise a power conferred on the Schedule 5 authority by a written law that is in conflict with a provision of the Act (other than a provision of Part 5 of the Act), the Schedule 5 authority must give written notification to the CEO of the proposal —
(a) if the Schedule 5 authority becomes aware of the conflict more than 30 days before the power is to be exercised — at least 30 days before exercising the power; or
(b) otherwise — as soon as practicable after becoming aware of the conflict.
(2) The notification must —
(a) state the particulars of the conflict, including —
(i) the provisions of the Act and the other written law that are in conflict; and
(ii) the situation that has given rise to the conflict;
and
(b) be accompanied by any written advice the Schedule 5 authority has received in relation to the conflict.
(3) In the case of a Schedule 5 authority that is a statutory authority, the notification may be given by the person or body (however described) having the general direction and control of, and the overall responsibility for, the operations of the statutory authority.
(4) This regulation does not affect the law relating to legal professional privilege.
(1) The CEO may, by way of renewal or further renewal of a lease granted with the approval of the Minister under section 29, grant a lease of land that is part of the River reserve —
(a) for a period not exceeding the term of the lease that is renewed; and
(b) on the terms and conditions to which the lease was subject before its renewal.
(2) The CEO may grant a sublease of a lease granted with the approval of the Minister under section 29 if the terms and conditions of the sublease are consistent with the lease.
(1) Under section 13(1), this regulation amends Schedule 2 to the Act.
(2) Delete “47465.” and insert:
47465 Version 6.
(1) Under section 13(1), this regulation amends Schedule 3 to the Act.
(2) Delete “47465.” and insert:
47465 Version 6.
(1) Under section 13(1), this regulation amends Schedule 4 to the Act.
(2) In relation to
Reserve 48325 delete “Lot 351 on Deposited Plan 59844,” and insert:
Lot 504 on Deposited Plan 408106,
(3) In relation to
Reserve 48325 delete “Lot 301 on Deposited Plan 47451, Lots 302 & 303 on Deposited Plan 47452,” and insert:
Lot 301 on Deposited Plan 47451 (excluding the land in Lot 500 on Deposited Plan 416700), Lots 302 & 303 on Deposited Plan 47452 (excluding the land in Lot 500 on Deposited Plan 416700),
(4) In relation to
Reserve 48325 delete “Lot 13949 on Deposited Plan 27474 and Lot 14082 on Deposited Plan 26651” and insert:
Lot 13949 on Deposited Plan 27474, Lot 14082 on Deposited Plan 26651 and Lot 501 on Deposited Plan 427718
(1) Under section 136(2)(a), this regulation amends Schedule 5 to the Act.
(2) After item 9 insert:
10. The National Trust of Australia (W.A.) established under the
10A. The Commissioner of Police appointed under the
(1) Under section 136(2)(a), this regulation amends Schedule 7 to the Act.
(2) In the item for the Shire of Kalamunda delete “Shire” and insert:
City
(3) Delete the item for the City of Subiaco.
[r. 37, 38]
r. 9(1) | Exhibiting sign without permit | $200 |
r. 10(2) | Undertaking repairs or maintenance without permit | $200 |
r. 11(2) | Undertaking emergency work, act or activity without permit | $200 |
r. 12(2) or (3) | Undertaking works to control erosion without permit | $200 |
r. 13(2) | Placing or removing temporary structure without permit | $200 |
r. 14A(2) | Leaseholder undertaking works without permit | $200 |
r. 14(2) | Schedule 5 authority undertaking works without permit | $200 |
r. 15(2) | Undertaking fire hazard reduction without permit | $200 |
r. 16A | Undertaking aircraft activity without permit | $200 |
r. 16B | Undertaking maintenance dredging without permit | $200 |
r. 16C | Undertaking scientific studies without permit | $200 |
r. 17(1) | Undertaking activity for commercial purpose without permit | $200 |
r. 18(1) | Doing anything likely to bring about collapse or movement of banks | $200 |
r. 19(1) | Digging in bed or subsoil | $200 |
r. 20(1) | Digging for or taking worms or invertebrates | $200 |
r. 21(1) | Destroying or injuring tree, shrub or plant | $200 |
r. 22A(1) | Leaving vessel unattended on land without permit | $200 |
r. 22A(2) | Placing object to secure vessel on land without permit | $200 |
r. 22(2) | Launching vessel from trailer except at permitted launching place | $200 |
r. 23 | Using vessel as living accommodation | $200 |
r. 25(2) | Littering Riverpark | $200 |
r. 25(3) | Breaking glass, metal or earthenware in Riverpark | $200 |
r. 26(2) | Organising or holding spectator event in River reserve without permit | $200 |
r. 31(3) | Contravening condition or restriction imposed on permit | $200 |
[r. 6, 7, 39, 40]
Form 1
Section 72
The applicant is the person with whom the department, on behalf of the Chief Executive Officer, will correspond, unless an authorised agent has been appointed to act on behalf of the applicant, in which case correspondence will be sent direct to the agent. | ||||||||||||||||||
Name | ||||||||||||||||||
Position (if applicable) | ||||||||||||||||||
Organisation (if applicable) | ||||||||||||||||||
Contact person | ||||||||||||||||||
Postal address | ||||||||||||||||||
Town/Suburb | State | Postcode | ||||||||||||||||
Telephone | Work | Mobile | ||||||||||||||||
I give authority for an agent (as identified at item No. 3) to act on my behalf during the assessment of the application. If ‘YES’, please provide Agent’s details at item No. 3. | £ YES | £ NO | ||||||||||||||||
Applicant signature | Date | |||||||||||||||||
All owner(s) of the land | ||||||||||||||||||
Name | ||||||||||||||||||
Position (if applicable) | ||||||||||||||||||
Organisation (if applicable) | ||||||||||||||||||
Contact person | ||||||||||||||||||
Postal address | ||||||||||||||||||
Town/suburb | State | Postcode | ||||||||||||||||
First landowner signature | Date | |||||||||||||||||
Name | ||||||||||||||||||
Position (if applicable) | ||||||||||||||||||
Organisation (if applicable) | ||||||||||||||||||
Contact person | ||||||||||||||||||
Postal address | ||||||||||||||||||
Town/suburb | State | Postcode | ||||||||||||||||
Second landowner signature | Date | |||||||||||||||||
The applicant must sign the form and tick the authorisation under item No. 1 to provide authority for an appointed authorised agent to act on their behalf. | ||||||||||||||||||
Name | ||||||||||||||||||
Position (if applicable) | ||||||||||||||||||
Company/agency (if applicable) | ||||||||||||||||||
ACN/ABN (if applicable) | ||||||||||||||||||
Postal address | ||||||||||||||||||
Town/suburb | State | Postcode | ||||||||||||||||
Telephone | Work | Mobile | ||||||||||||||||
Authorised agent signature | Date | |||||||||||||||||
Certificate of title information | Volume | Folio | ||||||||||||||||
Diagram/plan/deposit plan no. | ||||||||||||||||||
Lot No.(s) | ||||||||||||||||||
Location | ||||||||||||||||||
Reserve No.(s) (if applicable) | ||||||||||||||||||
Street No.(s) and name | ||||||||||||||||||
Town/suburb | ||||||||||||||||||
Nearest road intersection | ||||||||||||||||||
Please provide a written description of the proposed development (refer to the Development Application Guidelines for further details on what information to include in this section). | ||||||||||||||||||
Estimated cost of development | $ | |||||||||||||||||
Current use of land | Please describe below how the land is currently used. | |||||||||||||||||
Proposed development | Please provide a summary of the proposed use and development. Additional detail should be provided as an attachment to this application form. | |||||||||||||||||
Section 89(4)
Name | ||
Street Address | ||
City | Postcode | |
Telephone | Work | Home |
House No. | ||
Street | ||
Location No. | ||
Certificate of Title | Volume | Folio |
(please tick applicable box below)
Refused |
Approved, but in a modified form |
Approved or approved in a modified form, but subject to a condition or restriction unacceptable to me |
$ |
Infringement Notice No. | ||
Name: Family name | ||
Given names | ||
or Company name ____________________________________ ACN | ||
Address: ________________________________________________ Postcode | ||
Description of offence: | ||
Date: / /20 Time: a.m./p.m. | ||
Modified penalty: $ | ||
Name: | ||
Signature: | ||
Office: | ||
| ||
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. Department of Parks and Wildlife C/‑ The Accountant GPO Box K822 PERTH WA 6842 | ||
Withdrawal No. | ||
Name: Family name | ||
Given names | ||
or Company name _____________________________________ ACN | ||
Address: _______________________________________________ Postcode | ||
Infringement Notice No.: | ||
| ||
Description of offence: | ||
Date: / /20 Time: a.m./p.m. | ||
Name: | ||
Signature: | ||
Office: | ||
| ||
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. * Your refund is enclosed. * If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Department of Parks and Wildlife C/‑ The Accountant GPO Box K822 PERTH WA 6842
| ||
This is a compilation of the
25 Sep 2007 p. 4787‑831 | 25 Sep 2007 (see note under r. 1 and | |
28 Aug 2012 p. 4132-40 | r. 1 and 2: 28 Aug 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Aug 2012 (see r. 2(b)) | |
20 Aug 2013 p. 3857-8 | r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and | |
27 Jun 2014 p. 2327-8 | r. 1 and 2: 27 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Jun 2014 (see r. 2(b)) | |
19 Jun 2015 p. 2097‑101 | r. 1 and 2: 19 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
4 Mar 2016 p. 625‑6 | r. 1 and 2: 4 Mar 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Mar 2016 (see r. 2(b)) | |
SL 2020/166 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
SL 2020/186 29 Sep 2020 | r. 1 and 2: 29 Sep 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Sep 2020 (see r. 2(b)) | |
SL 2021/131 16 Jul 2021 | r. 1 and 2: 16 Jul 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2021 (see r. 2(b) and SL 2021/124 cl. 2) | |
SL 2023/14 24 Feb 2023 | r. 1 and 2: 24 Feb 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Feb 2023 (see r. 2(b)) | |
SL 2023/63 2 Jun 2023 | r. 1 and 2: 2 Jun 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Jun 2023 (see r. 2(b) and SL 2023/62 cl. 2) | |
SL 2024/35 20 Mar 2024 | r. 1 and 2: 20 Mar 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Mar 2024 (see r. 2(b)) | |
SL 2024/253 11 Dec 2024 | r. 1 and 2: 11 Dec 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Mar 2025 (see r. 2(b)) | |
SL 2025/69 14 May 2025 | r. 1 and 2: 14 May 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 15 May 2025 (see r. 2(b)) | |
aircraft................................................................................................................................ 2
aircraft activity................................................................................................................. 2
commercial purpose........................................................................................................ 2
commercial use................................................................................................................. 2
emergency works, acts or activities....................................................................... 11(1)
exhibit................................................................................................................................ 2
fire hazard reduction................................................................................................ 15(1)
former clause 30A............................................................................................................ 2
interim suspension notice........................................................................................ 35(2)
in writing.................................................................................................................... 27(1)
leaseholder........................................................................................................................ 2
litter............................................................................................................................. 25(1)
local planning scheme............................................................................................. 9(2A)
maintenance dredging..................................................................................................... 2
orally........................................................................................................................... 27(1)
park............................................................................................................................. 10(1)
permit................................................................................................................................. 2
permitted launching place....................................................................................... 22(1)
private property................................................................................................................ 2
proposed action......................................................................................................... 34(1)
public place....................................................................................................................... 2
repairs to or maintenance of................................................................................... 10(1)
section................................................................................................................................ 2
sign..................................................................................................................................... 2
spectator event.................................................................................................................. 2
structure............................................................................................................................. 2
temporary structure.................................................................................................. 13(1)
trailer........................................................................................................................... 22(1)
undertake........................................................................................................................... 2
vehicle................................................................................................................................ 2
vessel.................................................................................................................................. 2
works............................................................................................... 12(1), 14A(1), 14(1)
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