Swan and Canning Rivers (Transitional) Regulations 2007 (WA)

Western Australia

Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006

Swan and Canning Rivers (Transitional) Regulations 2007

Western Australia

Swan and Canning Rivers (Transitional) Regulations 2007 Contents1. Citation 12. Interpretation 13. Pending Part 5 development applications 14. Pending MRS development applications 25. Section 10 agreements 2NotesCompilation table 3

Western Australia

Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006

Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006

Swan and Canning Rivers (Transitional) Regulations 2007

1.Citation

These regulations are the Swan and Canning Rivers (Transitional) Regulations 2007.

Note for this regulation:

Under the Interpretation Act 1984 section 25(3), these regulations take effect on the day on which the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 section 9 commences.

2.Interpretation

• (1)

  In these regulations —

commencement day means the day on which the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 section 9 commences;

repealed Act means the Swan River Trust Act 1988.

• (2)

  Unless the contrary intention appears, words and expressions used in these regulations have the same meaning as they have in the Swan and Canning Rivers Management Act 2006.

3.Pending Part 5 development applications

• (1)

  An application for approval of a development made under Part 5 of the repealed Act and not finally dealt with under the repealed Act immediately before the commencement day is to be dealt and determined under the repealed Act as if the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 section 4 and the Swan and Canning Rivers Management Act 2006 Part 5 had not been enacted.

• (2)

  Despite subregulation (1), the Trust, in dealing with an application referred to in that subregulation after the coming into operation of these regulations, is to be constituted under the Swan and Canning Rivers Management Act 2006.

• (3)

  A development referred to in subregulation (1) in respect of which all necessary approvals under the repealed Act are given may be lawfully carried out as if it were approved under the Swan and Canning Rivers Management Act 2006, and the Swan and Canning Rivers Management Act 2006 section 70 applies in relation to the approval, and any conditions and restrictions attached to the approval, accordingly.

4.Pending MRS development applications

An application for approval of a development made under the Metropolitan Region Scheme and not finally dealt with immediately before the commencement day is to be dealt and determined as if the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 Part 4 had not been enacted.

5.Section 10 agreements

Any agreement made under the repealed Act section 10 and of effect immediately before the commencement day continues in force for the term of the agreement or, if no term is specified in the agreement, until —

• (a)

  2 years after the commencement day; or

• (b)

  the agreement is replaced by an arrangement made under the Swan and Canning Rivers Management Act 2006 section 27,

whichever is the sooner.

Notes

1          This is a compilation of the Swan and Canning Rivers (Transitional) Regulations 2007.   The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Swan and Canning Rivers (Transitional) Regulations 2007	25 Sep 2007 p. 4781‑5	25 Sep 2007 (see note to r. 1 and Gazette 25 Sep 2007 p. 4835)

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)

commencement day..................................................................................................... 2(1)

repealed Act.................................................................................................................. 2(1)