Waterways Conservation Amendment Regulations 2010 (WA)
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Regulations 2010.
WA304*
Waterways Conservation Act 1976
Waterways Conservation Amendment
Regulations 2010
Made by the Governor in Executive Council.
1. Citation
These regulations are the Waterways Conservation Amendment
23 November 2010 GOVERNMENT GAZETTE, WA 5861 2. Commencement
These regulations come into operation as follows -
(a) regulations 1 and 2 - on the day on which these regulations are published in the Gazette; (b) the rest of the regulations - on the day after that day. 3. Regulations amended
These regulations amend the Waterways Conservation
Regulations 1981.4. Regulation 5 amended
(1) In regulation 5(1) delete "Commission or relevant management
authority" and insert:Minister (2) Delete regulation 5(3). 5. Regulation 6 amended
In regulation 6 delete the definition of the Management
Authority.6. Regulation 8 amended
In regulation 8(1):
(a) in paragraph (d) delete "Management Authority;" and insert: Minister;
(b) in paragraph (e)(ii) delete "Management Authority;" and insert: Minister;
(c) in paragraph (1) delete "Management Authority" and insert: Minister
(d) in paragraph (f) delete "Management Authority," and insert: Minister,
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(e) in paragraph (g) delete "Management Authority" and
insert:
Minister
(1) in paragraph (h) delete "Management Authority," and
insert:
Minister,
7. Regulation 10 amended
In regulation 10(1) delete "Commission or relevant
Management Authority" (each occurrence) and insert:Minister
8. Regulation 11 amended
In regulation 11:
(a) delete "(1) Where" and insert: Where
(b) delete "Commission" and insert: CEO
(c) delete "Commission," and insert:
CEO, (d) delete "Commission." and insert: Department.
(e) in paragraph (a) delete "as it sees fit" and insert: as the CEO sees fit
23 November 2() 10 GOVERNMENT GAZETTE, WA 5863 9. Regulation 12 amended
In regulation 12 delete the passage that begins with
"Commission" (first occurrence) and ends with "Commission"
(second occurrence) and insert:Minister shall be construed as including a reference to a person or body acting on behalf of, or under the direction of, the Minister
10. Regulation 13 amended
(1) In regulation 13(1) delete "commission." and insert:
Minister.
(2) Delete regulation 13(2) and insert:
(2) After receiving an application the Minister may, in
writing, direct the applicant to provide additional
information relevant to the application.
(3) In regulation 13(3):
(a) delete "Commission" and insert: Minister
(b) delete "it shall forthwith" and insert: the Minister shall
(4) In regulation 13(4):
(a) delete "Commission" and insert: Minister
(b) delete "its licence in such form as it sees fit." and insert: the licence in an appropriate form.
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11. Regulation 17 replaced
Delete regulation 17 and insert:
17. Licences under Jetties Act
(1) In this regulation -
jetty has the same meaning as in the Jetties Act:
jetties CEO means the chief executive officer as
defined in the Jetties Act section 3;
jetty licence means a licence issued under the Jetties
Act section 7.(2)
A person who holds a jetty licence in respect of a jetty is, for the purposes of these regulations, taken to hold a licence in respect of the jetty.
(3) The jetties CEO shall, before issuing a jetty licence,
give the Minister an opportunity to make
recommendations in respect of the issue of the licence
and shall have regard to any recommendations made by
the Minister.
12. Regulation 23 amended
In regulation 23:
(a) in paragraph (a)(iv) delete "Commission or Management Authority by which he is appointed;" and insert: CEO;
(b)
in paragraph (b) delete "Commission or Management Authority by which he is appointed" and insert:
CEO
13. Regulation 25 deleted
Delete regulation 25.14. Regulation 26 amended
In regulation 26(2) delete "Chairman" and insert:
23 November 2010 5865 GOVERNMENT GAZETTE, WA
15. Regulation 27 amended
In regulation 27(1):
(a) delete "Chairman" and insert: CEO
(b) delete "Chairman," and insert: CEO,
16. Various references to "Commission" amended
In the provisions listed in the 'table delete"Commission" (each occurrence) and insert:
Minister
1 a I) I
r. 2(1) def of proximate to any r. 3 waters r. 4(1), (2) and (3) r. 15(2) r. 16(2)(b)(ii) and (iii) r. 18(1) and (3)(e) r. 19(2) and (3) 17. Schedule 1 amended
(1) In Schedule 1 delete Form 2 and insert:
Form 2 Waterways Conservation Act 1976
LICENCE FOR A PRIVATE BOAT RAMP
Issued under section 46 of the Act.
This licence authorises
Name
Address
to construct a private boat ramp at
(Location of boat ramp)
in accordance with the plans and specifications attached.
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Subject to special conditions as set out on the reverse side of this licence.
Date of issue Minister (or delegate)
(Reverse of Form 2)
SPECIAL CONDITIONS
(2) In Schedule 1 delete Form 4 and insert:
Form 4
Waterways Conservation Act 1976
LICENCE TO CONSTRUCT A RETAINING WALL
Issued under section 46 of the Act.
This licence authorises
Name
Address
to construct a retaining wall at
(Location of retaining wall)
in accordance with the plans and specifications attached.
Subject to special conditions as set out on the reverse side of this licence.
Date of issue Minister (or delegate)
(Reverse of Form 4)
SPECIAL CONDITIONS
(3) In Schedule 1 Form 5 delete: Management Authority
(4) In Schedule 1 delete Form 6 and insert:
23 November 2010 GOVERNMENT GAZETTE, WA 5867 Form 6
Waterways Conservation Act 1976
LICENCE TO DREDGE AND/OR RECLAIM
Issued under section 46 of the Act.
This licence authorises
Name
Address
to carry out dredging and/or reclamation of the waters of the
at.........................................................................................................
(Location of dredging and/or reclamation works)
in accordance with the plans and specifications attached.
This licence is for the period ending / / and is subject to the special conditions set out on the reverse side of this licence.
Date of issue Minister (or delegate)
(Reverse of Form 6)
SPECIAL CONDITIONS
(5) In Schedule 1 Form 7 delete: Management Authority
(6) In Schedule 1 delete Form 8 and insert:
Form 8 Waterways Conservation Act 1976
DISPOSAL LICENCE
Issued under section 47 of the Act.
This licences authorises
Name
Address
to discharge directly or via a drain, the wastes detailed on the reverse
side of this licence into the waters of the
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at........................................... (Location of discharge point)
This licence is for one year from the date of issue and is subject to the special conditions set out on the reverse side of this licence.
Date of issue Minister (or delegate)
(Reverse of Form 8)
SPECIAL CONDITIONS AND DETAILS OF WASTE
(7) In Schedule 1 Forms 9 and 10 delete: Signature of Authorised officer of
the Water and Rivers Commission*the ................................................Management Authority*
(*delete as appropriate)
and insert:
Signature of CEO (or delegate)
(8) In Schedule 1 Form 11 delete "Management Authority" and
insert:Department (9) In Schedule 1 Form 12 delete "Chairman, Management Authority."
and insert: CEO (or delegate). By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
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