Swan River Conservation Act 1958 (WA)

1958.] Swan River Conservation. [No. 53.

SWAN RIVER CONSERVATION.

7° Elizabeth II., No. LIII.

No. 53 of 1958.

AN ACT to make New Provision for Maintaining

and Improving the Condition of the Waters

and of the Foreshores of the Swan River.

[Assented to 23rd December, 1958.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I.-INTRODUCTORY PROVISIONS.

1.   This Act may be cited as the Swan River =gate..

Conservation Act, 1958.

2.    This Act shall come into operation on a day to Mr"-

be fixed by proclamation.

No. 53.] Swan River Conservation. [1958.

Arrangement. 3. The arrangement of this Act is as follows:—

PART I.—INTRODUCTORY PROVISIONS.

PART II.—THE SWAN RIVER CONSERVATION

BOARD.

PART III.—FUNCTIONS OF THE SWAN RIVER

CONSERVATION BOARD.

Division I.—General Functions of the Board. Division 2.—General Powers of the Board. Division 3.—Particular Functions and

Powers of the Board.

PART IV.—THE RIVERS AND WATERS TECHNICAL

ADVISORY COMMITTEE.

Division 1.—Constitution of the Advisory

Committee.

Division 2.—Functions of the Advisory

Committee.

PART V.—FINANCIAL PROVISIONS.

PART VI.—OFFENCES.

PART VII.—MISCELLANEOUS PROVISIONS.

Division 1.—Legal Proceedings by and

against the Board.

Division 2.—Regulations.

Interpreta-

tions. 4. (1) In this Act unless the context requires

otherwise

"Advisory Committee" means The Rivers and Waters Technical Advisory Committee constituted under this Act;

"Board" means The Swan River Conservation Board constituted under this Act;

"conservation region" means the area of the State defined from time to time by proclamation made under subsection (2) of this section as the Swan River conserva- tion region;

"foreshores" means the foreshores of the waters; "function" includes power, right, benefit, duty,

and obligation;

1958.] Swan River Conservation. [No. 53.

"industrial waste" means any and all liquid or solid waste substance, not sewage, from any producing, manufacturing, or processing operation;

"inspector" means a person authorised by the

Board or by the Advisory Committee to be

an inspector for the purposes of this Act;

"local authority" means a council of a municipal district constituted under the Municipal Corporations Act, 1906, and a board of a road district constituted under the Road Districts Act, 1919, the whole or any part of the district of which council or board is in the Swan River conservation region;

"member of the Board" includes the Chairman of the Board;

"permit" means a valid and current permit issued or renewed by the Board;

"public notice" means a notice published in the

Gazette;

"Secretary to the Board" means the chief administrative officer of the Board;

"sewage" means any and all waste substance, Efittzta	liquid or solid which is associated with
human habitation, or which contains or may be contaminated with human or animal excreta or excrement, offal, or feculent matter;

"standard" means any standard as fixed from time to time for the purposes of this Act by the Board, including without prejudice to the generality of the foregoing, standards relating to the maintenance and improve- ment of the condition of the waters and of the foreshores, and including standards for the components of industrial wastes or classes of industrial wastes discharged, or intended to be discharged, into any part of the waters, or onto, over, or through, any part of the foreshores;

No. 53.] Swan River Conservation. [1958.

"Minister."

Bee No. 30 of	"subject to the Minister" means subject to constitutional responsibility and duty of the Minister to direct whenever he considers necessary;
19th, e. 4,
"to pollute" means to discharge or to deposit, or both, without permit, into or in the waters, or onto or on the foreshores, or any part of the waters or foreshores,

(a) sewage; or

(b) any other liquid or solid matter, whether it is or is not industrial waste,

(i)  the discharge or deposit of which impairs or is likely to impair the physical, chemical, or biological, condition of the waters, or any part of them; or

(ii)   the discharge or deposit of which affects adversely or is likely to affect adversely the condition of the foreshores or any part of them; or

(iii)   the discharge or deposit of which affects adversely and unreasonably, or is likely to affect adversely and unreason- ably, the waters or foreshores, or any part of either, for navigational, recreational, or other beneficial use;

and "pollution" and other derivatives, primatives, and inflexions, of the verb, "to pollute" have correlative meanings;

"waters" means such of the waters of the Swan

River and its tributaries as are bounded by

the shore-lines at high water mark between

1958.] Swan River Conservation. [No. 53.

(a)	that part of the boundary of the Fremantle Harbour which traverses the Swan River, and which is estab- lished at the time of the coming into operation of this Act by the Fremantle Harbour Trust Act, 1902;
(b)	the Kent Street weir on the Canning River;
(c)	the Scott Street Bridge over the Helena River; and
(d)	the Middle Swan Road Bridge over the Swan River.

(2) Power to define from time to time	Power to
and to define define waters

(a) waters of the Swan River and of its tribu- Toen region. roenst

taries as waters to which this Act applies ; 1918, 5.4 0 30 of

and	"Proclama-
tion".

(b) an area of the State which constitutes the Swan River conservation region;

is conferred on the Governor, and is exercisable

from time to time by proclamation.

Principles to

(3) This Act shall be construed

be applied in

construing

(a) so as to apply, subject to paragraph (c) of this Act.

this subsection, to any power and to the exercise of any power which any agency or instrumentality of the Crown, or any local authority, is authorised by law to exercise in, on, or about, the whole or any part of the waters or of the foreshores or of both; and

(b) so as to apply notwithstanding any right however arising of any person, body, or authority, including an agency or instru- mentality of the Crown and any local authority, in respect of any part of the waters or foreshores or of both, whether arising by or pursuant to Act, grant, con- veyance, lease, license, or other assurance, or by prescription, limitation, or otherwise; and whether arising before or after the coming into operation of this Act; but

No. 53.] Swan River Conservation. [1958.

(c) so as not to apply to any power, and so as not to limit or restrict the exercise of any power, conferred, whether before or after the coming into operation of this Act, by or under the Health Act, 1911.

PART IL-THE SWAN RIVER CONSERVATION

BOARD.

The Board. 5. A body constituted in accordance with the provisions of this Part has the functions and immunity prescribed by this Act.

Name. 6. The name of the body is The Swan River

Conservation Board.

Offices on

the Board. 7. (1) The offices on the Board are those of

Chairman and sixteen other members.

(2) An office on the Board shall be deemed not

to be

Cf. 63 Viet.,

No. 10 as	(a)	an office of profit from the Crown, on
amended,
a. 38.	acceptance of which office by a member of the Legislative Council or of the Legislative Assembly, his seat becomes vacant;
Cf. No. 32 of
1906 as	(b)	an office or place of profit under or in the
amended,
6. 39.	gift or disposal of a council of a muni- cipality, by holding which office or place, a person is rendered incapable of being or continuing mayor or councillor of the municipality; or
Cf. No. 38 of
1919 as	(c)	an office of profit under the board of a road
amended,
s. 24.	district, by holding which office, a person is rendered incapble of being elected or as acting as member of the Board.
Appointment

of members. 8. Power to make the first appointments of persons to fill the offices of Chairman and other members on the Board, and to make subsequent appointments to fill vacancies as they occur in those offices, is conferred on the Governor and is exercis- able in accordance with the provisions of this Part, on recommendation by the Minister.

1958.] Swan River Conservation. [No. 53.

9. (1) A person nominated by the Minister shall Interests

be appointed to the office of Chairman of the Board. 1'0°,1=11%.	Chairman.
(2) The occupants of the sixteen other offices of members of the Board shall be

(a) two persons,	Representa-
tives of local
authorities.

(i)    of whom one shall be the senior qualified civil engineer whose services as such are employed or engaged by the Council of the City of Perth; and

(ii)    of whom one shall be nominated by the Council of the City of Perth;

to represent on the Board the interests of

that Council;

(b) four persons, all of whom shall be nominated by the body known as the Local Govern- ment Association of Western Australia, to represent on the Board the interests of local authorities;

(c) one person who shall be nominated by the committee appointed under the National	?e	ilrierges=';
log bodies.

Fitness Act, 1945, and known as the Associated Sporting Committee, to repre- sent persons who use the waters, or foreshores, or both, for the purposes of recreation; and

(d) a member of the W.A. Aquatic Council;

(e) a nominee of the Chamber of Manufactures,

WA., Inc.;

Departmental

(f) seven persons, each of whom shall be nominated by the respective Ministers for	representa-
tives.

the time being controlling the administra- tion of the respective establishments of the State which are mentioned in the respective subparagraphs of this paragraph, and which are concerned with works or activi- ties, or both, in respect of the whole or part of the waters or of the foreshores, or of both, to represent the respective establish- ments on the Board, and of whom

No. 53.] Swan River Conservation. [1958.

(i)    one shall be a drainage and sewer- age engineer to represent the Metro- politan Water Supply, Sewerage, and Drainage Department on the Board;

(ii)  one shall be a qualified medical practitioner or a qualified health inspector to represent the Public Health Department on the Board;

(iii)    one shall be a representative on the Board of the Public Works Depart- ment and shall be attached to the Harbours and Rivers Branch of that Department;

(iv)    one shall be a representative on the Board of the Harbour and Light Department;

(v)    one shall be a representative on the Board of the Government Chemical Laboratories;

(vi)    one shall be a representative on the Board of the Lands and Surveys Department; and

(vii)    one shall be a representative on the Board of the Town Planning Board.

Nominations

of persons for	(3) (a) Where nominations are required under paragraph (d) or paragraph (e), of subsection (2) of this section, the Minister shall cause the bodies which may make the nominations to be invited to supply him with the names of nominees of the number required.
appointment
to office on	paragraph (a), paragraph (b), paragraph (c),
the Board.
(b) If within twenty-eight days after the giving of the invitation names of nominees of the required number and representative capacity and qualifica- tion, have been supplied to the Minister, he shall recommend those nominees to the Governor for appointment, but if within that time, the names of nominees of the required number, or, as the case may be, representative capacity, or qualification,

1958.] Swan River Conservation. [No. 53.

have not been so supplied, the Minister may recom- mend to the Governor for appointment such person or persons as he thinks fit, and as is or are necessary to make up the required number.

(4) A person is eligible for appointment to office nEgrabfileiged

on the Board notwithstanding that he has previously Doccupancy of	°Mee on the
occupied office on the Board.	Board.

(5) The term of tenure of office on the Board of gincuer:nt

Chairman or of other member terminates ipso facto Board.

(a)	if the occupant of the office is absent from three consecutive meetings of the Board without permission granted by the Minister who is hereby authorised to grant the per- mission from time to time;
(b)	if the occupant of the office tenders his resignation from the office in writing signed by him, and the Governor, who is hereby authorised to do so, accepts the resigna- tion;
(c)	if the nominator by whom he was nomi- nated pursuant to subsection (2) of this section, causes written notice to be served on him and on the Board, that on and from the day of the service on him of the notice, his office is terminated, in which case his tenure of office terminates on the day of service on him of the notice;
(d)	if the occupant of the office dies; or
(e)	if the Governor, as he is hereby authorised to do, terminates the occupant's term of tenure of the office.

Deputies for

(6) (a) Persons nominated in accordance with the provisions of subsections (1) and (2) of this section and recommended by the Minister may be appointed by the Governor as deputies to act in the respective offices mentioned in those subsections.	members of the Board.
(b) The provisions of subsection (3), and of subsection (4), and of paragraphs (b), (c), (d), and (e) of subsection (5), of this section apply in respect of deputies for members as if repeated mutatis mutandis in this subsection.

No. 53.] Swan River Conservation. [1958.

(c) During the absence of, or a vacancy in the office of, a member of the Board, a deputy so appointed to act in the office, is authorised to carry out any function which the member if present or the occupant of the office if it were not vacant, could have carried out, or would have been required to carry out.

Remunera-

tion and	(7) (a) Each member of the Board whether he is or is not a public servant under the Public Service Act, 1904, is entitled to remuneration for his services as member of the Board at the rate of
expenses.

(i)   one hundred pounds per annum in the case of the Chairman; or

(ii)    three guineas per meeting of the Board but not exceeding thirty-seven pounds sixteen shillings per annum, in the case of a member other than the Chairman;

but the Chairman is not entitled to any remuneration for his services as member of the Board, other than that specified in subparagraph (i) of this paragraph.

Each member of the Board, whether he is or is not a public servant under the Public Service Act, 1904, is entitled to reimbursement of travelling and other expenses incurred in carrying out his functions under this Act at the same rate and to the same extent as prescribed under that Act.

(b)

If the deputy for the Chairman, whether the deputy is or is not a public servant under the Public Service Act, 1904, attends any meeting of the Board in the absence of the Chairman, the deputy is entitled to remuneration at the rate prescribed and limited by subparagraph (ii) of paragraph (a) of this subsection; but if the office of Chairman is vacant, the deputy for the Chairman whether the deputy is or is not a public servant under the Public Service Act, 1904, is entitled to remuneration at whichever is the greater of the rate prescribed by subparagraph (i), or the rate prescribed by sub- paragraph (ii) of paragraph (a) of this subsection during such time as he acts in the office of Chairman during the vacancy but not exceeding the rate of one hundred pounds per annum.

(c)

1958.] Swan River Conservation. [No. 53.

If the deputy for any member of the Board attends and acts at any meeting of the Board in the absence of the member for whom he is deputy, the deputy, whether he is or is not a public servant under the Public Service Act, 1904, is entitled to remunera- tion at the rate prescribed by subparagraph (ii) of paragraph (a) of this subsection for his attendance, but the member absent is not entitled to remunera- tion in respect of the meeting.

(d)

(e) The provisions of paragraph (b) of this subsection apply mutatis mutandis to travelling and other expenses incurred by a deputy while acting in place of a member.

The provisions of this subsection apply in respect of a member of the Board who is a public servant under the Public Service Act, 1904, notwith- standing any provision of that Act.

(f)

10. (1) (a) The Minister shall cause notice of ?.,,:gltitirt,Inoefnts

appointments to the respective offices of members of of members.

the Board to be published in the Gazette.

(b) By the publication of the first appointments,a eBoonsrututed

the Board is constituted a body corporate with i:obZcgate perpetual succession, and an official seal in the form with tu perl pe a

prescribed by the regulations, and has and may rilacdr n

exercise the functions prescribed by this Act. official seal.

(c) When constituted the Board is an agency of gbird is a

the Crown in right of the State. agency.

(2) Courts, Judges, and other persons acting gffi3eolal seal

judicially shall take judicial notice of the official seal Judicially

of the Board affixed to any document, and, if the seal purports to have been affixed, in the presence of the Chairman, or his deputy, and another member of the Board or his deputy, shall presume that it was regularly affixed.

Convening

11. (1) The Chairman shall convene the first of meetings.

meeting of the Board to be held at a time and place appointed by him, and the Board shall meet accord- ingly, and shall hold subsequent meetings at times and places appointed by the Board.

No. 53.] Swan River Conservation. [1958.

(2) The Chairman or his deputy in the absence

of the former shall preside at meetings of the Board.

Quorum.

12. A quorum present at any meeting of the Board at, or within half an hour after, the time appointed for the commencement of the meeting may exercise any function of the Board as effectively as if all members were present, and is constituted by nine whether all are members or all are deputies, or some are members and some are deputies, but so that a deputy is not included unless the member, for whom he is appointed deputy, is absent or that member's office is vacant.

Determina-

tion of 13.

(1) Where at a meeting of the Board any question arises for determination by the Board, each member or deputy present is entitled to, and shall exercise, one deliberative vote only.

questions by

the Board.

Motions—

how carried.	(2) If a majority of those present vote in favour of a motion for the determination of a question, the question shall be deemed to be determined in accordance with their votes, but if votes in favour equal votes against the motion, the question shall be deemed to be determined in the negative.
Vacancy in,

or defect in 14.

An act or determination of the Board is not act was done or the determination was made, a vacancy existed in office of a member or deputy, or on the ground of a defect in the appointment of a member or deputy.

appointment

to office, no	invalid or defective on the ground that when the
ground for
invalidity.
Conduct of

Board's pro- 15.

(1) Where this Act or any regulation, pre- scribes how the Board shall conduct proceedings in relation to any matter, the Board shall conduct the proceedings as so prescribed, but in relation to any other matter, the Board shall conduct proceedings as the members or deputies present determine and are hereby authorised to determine from time to time.

ceedings.

Minutes of

Board's	(2) The Board shall cause proper minutes of the Board's proceedings to be recorded, and to be pre- served for a period of five years and thereafter until the Governor authorises, as he is hereby empowered to do, destruction of them.
meetings to
be kept.

1958.] Swan River Conservation. [No. 53.

16. (1) The Board may, in relation to any parti- Delegation.

cular matter or class of matters, by written authorisation sealed with the official seal of the Board, delegate to any number of members as a subcommittee, or where it is inconvenient or imprac- ticable for a subcommittee to act, then to any mem- ber or employee of the Board, power to exercise any of the powers conferred or to carry out any of the duties imposed on the Board by this Act, except this power of delegation.

(2) A delegation of power conferred by this section has the effect and may be exercised accord- ing to its tenor, but is revocable at the will of the Board, and does not preclude the Board from exercising the power.

A member or a deputy for a member, in his servant under the provisions of the Public Service Act, 1904, but if at the time of his appointment to, or during his tenure of office in, office of member or as deputy he is a public servant under the provi- sions of that Act, his appointment to and service in the office of member or as deputy shall be deemed to be without prejudice to his rights under that Act, or any other Act applying to him as a public servant.	Preservation
of existing
rights.
18. A person who is or has been a member, deputy for a member, delegate, or employee, of the	from personal
Exemption.
liability.
Board is not personally liable for anything done or omitted in good faith, in, or in connection with, the exercise or purported exercise of any power conferred, or the carrying out of any duty imposed, on the Board by this Act.

17. capacity as member or deputy, is not a public

PART III.—FUNCTIONS OF THE SWAN RIVER

CONSERVATION BOARD.

Division 1.—General Functions of the Board.

General

extioannt of

19. The functions of the Board, subject to the the

Minister, are in general

Cf. No. 30 of

1918, s. 4,

(a) to administer this Act; and *Minister"

No. 53.] (b) to exercise such powers as the Board deems necessary, desirable, or expedient, and as Swan River Conservation. [1958.

"This Act"

are conferred on the Board by this Act, to

Includes

regulations.

maintain and improve, or cause to be

No. 30 of

1918, s. 4.

maintained and improved, the condition of

the waters and of the foreshores.

Division 2.—General Powers of the Board.

General

powers of	20. (1) For the general purposes of carrying out its functions under this Act, subject to the Minister, the Board has and may exercise in accordance with, and subject to the provisions of this Act,
the Board.

(a) power to carry out, and to enter into any contract, agreement, or arrangement with any person or authority for the carrying out of any work for the purposes of improv- ing and maintaining the condition of the waters and the foreshores, including work for the removal from the whole or any part or parts of the waters or foreshores and the disposal of algae or other matter; but excluding

(i) river training;

(ii) dredging;

(iii)   reclamation; and

(iv)    structural works;

authority to carry out any of which is conferred by law on any agency or instru- mentality of the Crown other than the Board;

(b) power to hire, or to acquire by agreement, and to hold, maintain, protect, manage, and dispose of, personal property including plant, machinery and apparatus;

(c) power to employ and to engage personnel;

(d) power to borrow money;

(e) power to sue and be sued, to compromise

claims made by or against the Board, and to submit questions and disputes to arbitra- tion; and

1958.] Swan. River Conservation. [No. 53.

(f) power to do or cause to be done any other thing which the Board deems necessary, desirable, or expedient, to maintain and improve, or cause to be maintained and improved, the condition of the waters and of the foreshores, but excluding

(i) river training;

(ii) dredging;

(iii)    reclamation; and

(iv)    structural works,

authority to carry out any of which is con- ferred by law on any agency or instrumen- tality of the Crown other than the Board.

(2) With the consent

(a)	of the Minister having the administration of a Department of the State or Common- wealth or other agency or instrumentality of the Crown in right of the State or Com- monwealth;
(b)	of the body having the control or manage- ment of an agency or instrumentality of the Crown in right of the State or Common- wealth; or

(c) of the local authority;

the Board

in order to conduce to economy, efficiency, and uniformity, of action in carrying out its func- tions under this Act,

is authorised to co-opt; and in every case in which it is practicable to do so shall make every reasonable endeavour to co-opt;

any service or thing available from the Depart- ment, or, as the case may be, the agency or instrumentality, or local authority,

on such terms and conditions as are agreed between that Minister, or, as the case may be, that body, or that local authority, and the Board.

No. 53.] Swan River Conservation. [1958.

Division 3.—Particular Functions and Powers

of the Board.

Particular

functions 21. The particularisation or enumeration in this

and powers of

the Board. Division of functions and powers of the Board does

not prejudice or limit the generality of the provisions

of Divisions 1 and 2 of this Part.

Authority

and duty 22. The functions of the Board include

included in functions of the Board.

(a) authority to formulate and implement schemes, not involving expenditure by the Board, for co-ordinated action in the abate- ment, control, and prevention of pollution, by owners and occupiers of land, and agencies and instrumentalities of the Crown and local authorities having the control of land, adjacent to any part of the waters or on or adjacent to any part of the foreshores, and for the beautification of the land and foreshores: Provided no resump- tion or filling in of an area greater than ten acres of the Swan River shall be undertaken until the consent of both Houses of Parlia- ment has been given;

(b)	authority to fix, and to promulgate by public notice, standards for the purposes of this Act, and by subsequent public notice from time to time to alter standards so fixed, or to substitute other standards for those so fixed;
(c)	authority to promulgate and advise as to principles adopted from time to time by the Board in relation to consideration by the Board of applications for permits;
(d)	authority to obtain the advice of the Advisory Committee on any matter relating to the purposes of this Act;
(e)	a duty to refer to the Advisory Committee all matters relating to the fixing and altera- tion of standards for the purposes of this Act;

1958.] Swan River Conservation. [No. 53.

(f)	authority to receive and consider and grant or refuse, applications for permits; and on payment of the appropriate respective fees prescribed by the regulations issue and renew any permit for any period not exceed- ing twelve months expiring on the thirtieth day of June next after the issue of the permit, unconditionally, or subject to con- ditions;
(g)	authority to impose the conditions of any permit and from time to time by notice in writing served on the permit holder to cancel, add to, or substitute new conditions for, any of the conditions of the permit;
(h)	authority to appoint inspectors; and

(i)   a duty whenever required by the Minister to do so to report to the Minister on the activities and proposals of the Board; and as soon after the thirtieth day of June in each year as is practicable to report to the Minister a summary of the Board's activities for the year ending on that day and its proposals for the year commencing on the next day.

PART IV.—THE RIVERS AND WATERS TECHNICAL Constitution.

ADVISORY COMMITTEE.

Division 1.—Constitution of the Advisory Committee.

23. (1) For the purposes of this Act there is

hereby constituted a body

(a)	having the name of The Rivers and Waters Technical Advisory Committee; and
(b)	consisting of the persons for the time being and from time to time occupying or acting in the following respective offices, or their respective nominees as deputies, namely

(i) Chairman of the Board;

(ii)   Chief Engineer, Metropolitan Water Supply, Sewerage and Drainage Department;

No. 53.] Swan River Conservation. [1958.

(iii)    Commissioner of Public Health;

(iv)

Director, Government Chemical

Laboratory;

(v) Director of Works;

(vi) Director, Industrial Development;

(vii) Director of Agriculture;

(viii)    Commissioner of Main Roads; and

(ix)    a member of the Board representing the Local Government Association nominated from time to time by the Board.

(2) The office of the Chairman of the Advisory Committee shall be occupied by the Chairman of the Board or in his absence such member of the Committee constituted aforesaid, as such Committee may appoint.

Conduct of 24. The proceedings of the Advisory Committee

Committees shall be conducted in such manner as that Commit-proceedings. tee from time to time determines and is hereby

authorised to determine.

Division 2.---Functions of the Advisory Committee.

Functions of

the Advisory	25. The functions generally of the Advisory Com- mittee are to advise the Minister and the Board on all matters relating to the giving of effect to this Act, and include in particular, subject to the Minister,
Committee.

(a)	authority from time to time at the request of the Board to advise the Board as to the fixing or alteration of standards;
(b)	authority at the request of the Board to advise on any other matter relating to the purposes of this Act;
(c)	authority to undertake such research as the Advisory Committee considers is neces- sary or desirable in order to enable it to tender the best advice relating to the giving of effect to this Act;

1958.] Swan River Conservation. [No. 53.

(d)	authority by an inspector appointed by the Advisory Committee or by the Board to enter, inspect, and takes samples from, any premises or vessel of any matter being or likely to be discharged therefrom into the waters or onto the foreshores or any part of either; and
(e)	authority to appoint inspectors.

PART V.-FINANCIAL PROVISIONS.

26. (1) The Treasurer of the State shall cause to T1' !"A aLvee. jonn-

be opened and kept at the Treasury an account roravracpson

entitled The Swan River Conservation Board's Trust In	c trd
Fund Account.

(2) to this Act shall be paid into the Fund Account. All money which the Board receives pursuant

(3)

The Board shall pay out of the money repre- sented in the Fund Account, the expenses of and incidental to, the giving of effect to this Act, and the administration of this Act.

The Fund Account may be operated upon in such manner as the Treasurer of the State approves and is hereby authorised to approve from time to time.

(4)

27. (1) By the thirtieth day of April in each year Estimates

after the coming into operation of this Act the Board shall cause to be prepared a written statement show- ing

(a)	the amount which the Board estimates will be required to meet the expenses of and incidental to, the giving of effect to this Act, and the administration of this Act, for the financial year commencing on the next succeeding first day of July;
(b)	the amount which the Board has or is likely to have in hand on its own account to meet those expenses; and

No. 53.] Swan River Conservation. [1958.

(c) the amount of the balance remaining after deduction from the estimated amount of those expenses, the amount referred to in paragraph (b) of this subsection.

Service of

copies of (2) The Board shall cause a copy of each state-

estimates.

ment so prepared to be delivered by the thirtieth

day of April

(a) to the Treasurer of the State;

(b) to the Minister; and

(c) to each of the local authorities.

=Mrs (3) In order that the amount of the balance which

Account. is referred to in paragraph (c) of subsection (1) of

this section may be met;

(a)	the Treasurer of the State is authorised and shall cause to be paid into the Fund Account from the money referred to in section four of the Audit Act, 1904, as "public moneys", two-thirds of the amount of that balance; and
(b)	as to the remaining one-third of the amount of that balance, the local authorities are hereby authorised to pay, and shall pay, into the Fund Account that one-third out of their ordinary revenue in accordance with the following subparagraphs of this paragraph in which the expression "esti- mated" means estimated and certified under subsection (4) of this section-

all of the local authorities whether

(i)  there are or are not parts of the shore- lines of the waters in their districts shall pay seventy-five percentum by contributions apportioned among them in the ratio which the estimated population of each bears to the estimated aggregate of the popula- tions of all of those local authorities;

1958.] Swan River Conservation. [No. 53.

(ii) those local authorities in whose districts there are parts of the shore- lines of the waters shall pay twenty- five per centum by contributions apportioned among them in the ratio which the estimated length of shore-lines in each bears to the estimated aggregate length of the shore-lines in all of those local authorities but so that where parts of the shore-lines on opposite banks of the waters are in any one district, the estimated length of shore-line in that district shall be deemed to be one-half of the total of the estimated lengths of shore-line on both banks in that district.

Estimates of

(4) At the request of the Board populations and shore- lines of

(a)	the Government Statistician shall estimate,	districts.
according to the latest information available to him, the number of persons living in the districts of the respective local authorities and shall sign and give to the Board a certificate of the estimate;
(b)	the Surveyor General shall estimate the length of shore-lines at high water mark which length is included in the districts of the respective local authorities, for which purpose the Surveyor General shall take any length of shore-line which forms a boundary or part of a boundary of a district as being in the district, and shall sign and give to the Board a certificate of the esti- mate; and
(c)	certificates of estimates mentioned in this subsection shall be the basis of the appor- tionment under paragraph (b) of subsec- tion (3) of this section.

(5) (a) The Board shall in every year assess the AU"Smentt

amounts payable into the Fund Account by the local authorities and not later than the thirty-first day of July in each year shall send notice of the

No. 53.] Swan River Conservation. [1958.

amount assessed to the respective local authorities which shall, subject to any revised or interim assess- ments rendered necessary, and which the Board is hereby authorised to make, in the case of alteration of the boundaries of the district of any local authority, cause the amount to be paid into the Fund Account by the thirty-first day of the next succeed- ing October.

Triennial

estimates of	(b) The Board shall subject to any such revised basis of the estimates of the factors of population and shore-line as first certified under subsection (4) of this section after the coming into operation of this Act until the thirtieth day of June, one thousand nine hundred and sixty-one, but thereafter for each period of three years ending on the thirtieth day of June, shall assess the amounts on the basis of the estimates of those factors as at the commence- ment of each of those periods of three years as so certified.
factors of
population	or interim assessments assess the amounts on the
and
shore-line.
Recovery of
contributions	(6) If a local authority does not punctually make payment of any amount into the Fund Account as required by this Act, the Board may recover the amount from the local authority by action in a court of competent jurisdiction as a debt due to the Board.
unpaid.
Authority for
Treasurer to	28. Where there is, or is likely to be, insufficient required to be made out of the Fund Account, the Treasurer of the State may cause to be advanced to the Fund Account on such terms and conditions as the Treasurer imposes and is hereby authorised to impose, including conditions as to the use of, repayment of, and payment of interest on, the sum advanced, such sum as is necessary to make good or to avoid the deficiency out of money referred to in section four of the Audit Act, 1904, as "public moneys".
make
advances to	money in the Fund Account to meet payments
the Fund
Account.
Accounts.	29. (1) The Board shall cause to be kept true and regular accounts

(a) of money received by and money owing to the Board;

1958.] Swan River Conservation. [No. 53.

(b)	of money paid and money owing by the Board; and
(c)	of the purposes for which the money is owing or has been paid;

and shall cause the accounts to be balanced at the

thirtieth day of June in each year.

(2) The Auditor General Audit.

(a)	has in respect of the accounts of the Board, the powers conferred upon him by the Audit Act, 1904;
(b)	shall arrange for the audit of the accounts; and
(c)	shall, as soon as practicable after the com- pletion of the audit in each year, prepare and deliver to the Board and the Minister a report on the audit of the accounts.

PART VI.-OFFENCES.

30.

ingly causes to be done or omitted anything, the pollution.

doing or omission of which results or is likely to

result in pollution, commits an offence, except

where the doing or omission of the thing is

authorised by a permit.

(1) A person who does or omits or know- ?Mgr

(2) The penalty for an offence mentioned in sub- section (1) of this section is a maximum penalty of fifty pounds, and the court convicting the offender may impose in addition a maximum daily penalty of ten pounds for each day in which the offence continues after service by the Board on the offender of written notice of the offence.

31.	(1) A person who	Offence of
using any of
th w

(a) uses any of the waters for industrial pur- industrial for purposes,

poses; or

or works,without a

Permit.

No. 53.] Swan River Conservation. [1958.

(b) commences or continues to carry out any work or proposed work of any kind in, on, over, or under, the waters or the foreshores or both or any part of either or both of them, including work or proposed work which relates to, or is connected with, or is ancil- lary to, dredging, drainage, river training, or the provision of any structure including a jetty, wharf or bridge;

commits, subject to paragraph (c) of subsection (3) of section four of this Act, an offence, except where the person does so by authority of a permit.

(2) The penalty for an offence mentioned in sub- section (1) of this section is a maximum penalty of twenty pounds and the court convicting the offender may impose in addition a maximum penalty of two pounds for each day in which the offence continues after service by the Board on the offender of written notice of the offence.

Offences

generally.	32. (1) A person who does not do a thing, which
"This Act"

includes

by or under this Act he is required or directed to do,

regulations.

Cf. No. 30 of

and a person who does or attempts to do a thing

1918. 8. 4.

which by or under this Act he is prohibited from

doing, commits an offence against this Act.

(2) A breach of any condition of a permit issued, or, as the case may be, approval under section forty- four of this Act given, by the Board under this Act is punishable as an offence against this Act notwith- standing any subsequent alteration of the condition or cancellation of the permit and notwithstanding section eleven of the Criminal Code.

General

Penalty.	33. A person who commits an offence against
"This Act"

includes	this Act is liable to the penalty expressly mentioned
regulations.
Cf. No. 30 of	as the punishment for the offence, but where a
1918, s. 4.	penalty is not expressly mentioned, is liable

(a) where the offence is not a continuing offence, to a maximum penalty of ten pounds; and

1958.] Swan River Conservation. [No. 53.

(b) where the offence is a continuing offence, to such maximum penalty as does not exceed ten pounds and an additional amount not exceeding five shillings for each day during which the offence continues.

34.    (1) The provisions of this section are in Offenders

addition to and do not derogate from those of section corporate, agencies, or

rat or b e

forty-six of the Interpretation Act, 1918.	instrument
talities of the

(2) A body corporate may be found guilty of, and Crown'

be liable for any offence, against this Act, and for II•Tts Act"

the purposes of this Act there shall be imputed to regulations. a body corporate any knowledge, intent, or wilfulness giln: r of of any officer or any member of the body.

35.   A complaint of an offence against this Act

the Minister.

may be made only by a person authorised by the ftTrcet

36. Force of the State who find a person committing pl Fc?ce	(1) It is the duty of the members of the Police D	u
t
ya or

ce

or attempting to commit, or who on reasonable b,:on

grounds suspect a person of having committed or Act.

attempted to commit, an offence against the pro- visions of this Act, to demand from the person his name and place of abode, and immediately to report the offence or attempt and the name and place of abode of the person to the Secretary to the Board.

(2) A member or his deputy, employee, or servant, r=

of the Board, or a member of the Police Force of the rak=sag

State who finds a person committing or attemptingoffender.

to commit, or who on reasonable grounds suspects a person of having committed or attempted to commit, an offence against the provisions of this Act, may demand from the person his name and place of abode.

(3)

A person who refuses to state his name and place of abode, or who states a false name or place of abode, on demand being so made, commits an offence against this Act.

No. 53.] Swan River Conservation. [1958.

(4) A person who gives or is suspected of giving a false name or place of abode to the person making the demand may without other warrant than this Act be apprehended by the person making the demand and taken before a justice to be dealt with according to law.

PART VII.—MISCELLANEOUS PROVISIONS.

Division 1.—Legal Proceedings by and against the Board.

notice of legal37. Service of any document on the Board is	Service of
proceedings. validly effected if the document is given personally

to the Secretary to the Board, but the provisions of this section do not prejudice or otherwise affect those of section thirty-one of the Interpretation Act, 1918.

Authentica-

tion of 38.

A writ, summons, notice, or other document, is sufficiently authenticated by the Board without the official seal of the Board, if signed by the Chairman of, or Secretary to, the Board.

documents.

Proceedings

in 39.

If a person, against whom the Board has a claim or demand, takes the benefit of an Act for the relief of bankrupt debtors, the Secretary to the Board, in proceedings in respect of the claim, may represent the Board, and act on behalf of the Board in all respects as if the claim or demand were that of the Secretary to the Board.

bankruptcy.

Board may

(1) The Board may, subject to section thirty- five of this Act, order, either generally or in a particular case, proceedings to be taken for the recovery of penalties, or for the punishment of a person offending against the provisions of this Act, and may order the expenses of the prosecution or other proceedings to be paid out of the funds of the Board.

direct 40.

prosecutions.

1958.] Swan River Conservation. [No. 53.

(2) Proceedings in connection with the prosecu- golf ::E°1

tion of an offence under this Act may be commenced within one year after the offence has been committed.

(3) The institution of proceedings against, or the conviction of, a person for an offence against this Act does not affect a remedy which the Board or another person has in civil proceedings.

(4) In proceedings in a local court or court of mgviemt.

petty sessions, or before a justice,

(a)	the Secretary to the Board; or
(b)	an employee of the Board appointed for the purpose generally or in a particular case in writing signed by the Chairman;

may represent the Board in all respects as if he were

the party concerned.

(5) The Board shall, out of its funds, reimburse men otte employee. -the Secretary to the Board or other employee the

amount of any damages, costs, charges, and expenses, to which he is put, or with which he is chargeable, by reason of anything done, performed, suffered, or incurred, by him under this section for and on behalf of the Board.

41. In a prosecution or in other legal proceed-	Presumption
of proof of

ings instituted by or under the direction of the Board

certain

formalities.

under the provisions of this Act, until proof is given

to the contrary, proof is not required of

(a)	the constitution of the Board or the Advisory Committee;
(b)	any order of the Board to prosecute;
(c)	any authorisation by which the Board authorises a person to make a complaint for an offence against this Act;
(d)	any consent of the Minister to the making of a complaint for an offence against this Act;

No. 53.] Swan River Conservation. [1958.

(e)

the particular or general appointment of the Secretary to the Board or any other employee of the Board to take proceedings against any person;

the powers of the Secretary to the Board

or other employee to prosecute;

(g)

the appointment of the Chairman of, or of the Secretary to, or other employee of, the Board or the Advisory Committee; or

(h)

the presence of a quorum at any meeting at which any order is made or any act is done by the Board or the Advisory Com- mittee.

Evidence of

exercise of 42. (1) The production in a prosecution or other

authority. legal proceedings of

(a)	a copy of the Gazette containing a regulation, Order-in-Council, proclamation, notice, or containing other evidence of the exercise of any power or authority in pur- suance or purported pursuance of the provisions of this Act; or
(b)	a copy purporting to be certified as a copy of a regulation, Order-in-Council, proclama- tion, notice, or evidence of the exercise of any such power or authority, by a certificate purporting to have been signed by the Chairman of, or Secretary to, the Board; or
(c)	a consent in writing signed by the Minister to the Board making a complaint for an offence against this Act; or
(d)	a written authorisation sealed with the official seal of the Board for a person to make a complaint for an offence against this Act;

is evidence of the making, existence, and giving of the regulation, Order-in-Council, proclamation, notice, consent, or authorisation; or of the exercise of the power or authority; and of all preliminary steps having been regularly taken to give full force and effect to it and to its provisions.

1958.] Swan River Conservation. [No. 53.

(2) The provisions of this section

(a)	are in addition to and not in derogation of those of the Evidence Act, 1906; and
(b)	do not render valid, a regulation, which has been disallowed under subsection (2) of section thirty-six of the Interpretation Act, 1918, or which has been invalidly made.

43. (1) Where a record is produced and mind„

identified as the minutes or an excerpt from the minutes of the board, or, as the case may be, the Advisory Committee, the record is, until the contrary is proved, proof of the matters recorded having taken place, without proof

that the meeting to which the record relates was

duly convened;

that other requirements relating to the regularity of the meeting were complied with; and

that the minutes were confirmed, and that the signature purporting to be that of the person authorised to sign the confirmation of the minutes is in fact his signature and that he was so authorised.

(2) Where a document purporting to have been certified

(a)	by the Secretary to the Board as being a copy of the minutes, or of an excerpt of the minutes of the Board; or
(b)	by the Chairman or ,deputy Chairman of the Advisory Committee as being a copy of the minutes, or of an excerpt of the minutes of the Advisory Committee;

is produced, the copy has the same probative force as if, instead of the copy so certified, the minutes or the excerpts of the minutes were produced.

No. 53.] Swan River Conservation. [1958.

Prohibition

of granting	44. A right to tenure, occupancy, or use of, or
of rights in

respect of	easement in respect of, any part of the waters or
waters
or foreshores	foreshores or both, shall not be granted after the
without
consent of	coming into operation of this Act and shall not be
the Board.	renewed after the coming into operation of this Act, whether granted before or after the coming into operation of this Act, by or under grant, conveyance, lease, license, or other assurance, from the Crown or otherwise, without prior written approval of the Board, or otherwise than in accordance with such conditions, if any, as the Board specifies in, and is hereby authorised to specify in, the approval.
Appeals

against 45. (1) A person who is aggrieved

refusal of Board to grant permit	(a)	by a refusal of the Board to grant a permit
or give
approval.	or to give an approval under this Act; or
(b)	by a condition imposed by the Board as a
condition of a permit, or approval;

may, within such time and in such manner as the regulations prescribe, appeal against the refusal, or, as the case may be, the condition, to the Minister, who in accordance with the regulations may hear and determine the appeal, and may uphold, reverse, or vary, the decision of the Board.

(2) Such person may appeal from the decision of the Minister to a Judge of the Supreme Court.

Division 2.—Regulations.

Power to

make	46. (1) The Governor may make such regulations
regulations.

as he considers necessary, convenient, or desirable, to enable the functions of the Minister, the Board, and the Advisory Committee, to be carried out, or for better carrying out the objects and purposes of this Act.

(2) Without prejudice to the generality of subsec- tion (1) of this section,

(a) regulations may be so made so as to apply generally, or in a particular class of case; at all times or at a specified time or specified

1958. Swan River Conservation. [No. 53.

times; to the whole of the functions of the Minister, the Board or the Advisory Com- mittee, or in respect of any part or parts of those functions;

(b) regulations may be so made so as to require any matter to which a regulation relates, to be in accordance with a specified require- ment, or as approved by, or to the satis- faction of, a specified person or body or specified class of person or body, or so as to delegate to, or confer on, a specified person or body or class of person or body, a discretionary authority;

regulations may be so made so as to impose

(c) for a breach of a regulation

(i)    a maximum penalty of ten pounds; with or without provision for

(ii)    a maximum daily penalty during the breach, of five shillings per day;

(d) regulations may be so made prescribing or relating to

(i)  the conduct of proceedings at meetings of the Board;

(ii)   the form of the official seal of the Board; and

(iii)   the time and manner within which appeals to the Minister under section forty-five of this Act may be brought, heard and determined by the Minis- ter; and

(e) regulations may be so made

authorising the Board to issue and

(i) serve on any person any order requiring the person to do or refrain from doing anything for the purposes of preventing or minimising the effect of pollution, or any of them; and

No. 53.] Swan River Conservation. [1958.

authorising the Board to give effect to the order on default by the person of compliance with the requisition, and, without affecting the liability of the person to any penalty for non-compliance with the order, to recover the expense of doing so as a debt due to the Board from the person in any court of competent jurisdiction;

(ii)    relating to the functions of inspectors whether appointed by the Board or the Advisory Committee, including power to enter, inspect, and to take samples from, any premises or vessel of any matter being or likely to be discharged therefrom into the waters or onto the foreshores or any part of either, and relating to hindrance, and obstruction of inspectors; and

(iii)   prohibiting the deposit of rubbish, litter, and other objectionable matter, in or on any part of the waters or foreshores, or adjacent to the fore- shores in any place where it or any of its components is, or is likely to be or to become, a source of pollution;

(iv)

prescribing fees payable under this

Act; and

(v)    prescribing forms for use under this Act.